The norm of civil law as a result of an act of legislative regulation: the formula of utterance, action, basic classification

Abstract

The article reveals the fallacy of the basic postulate of dogmatic civil law, according to which the rule of law regulates public relations. The mistake lies in the fact that legal regulation is the activity of the legislator to create a norm, which is the text of the law. Accordingly, the norm cannot regulate. Regulates the legislator. The rule of law is the result of an act of legislative regulation and, therefore, does not regulate, but serves the purpose of regulation. The latest conclusions outline the way to a new understanding of the nature of legal (now legislative) regulation and, in fact, are the beginning of a different, non-dogmatic paradigm. In order to find out what and how the legislator regulates, and how a single norm operates, it is necessary to analyze the statement of the legislator contained in its text. Knowledge of the formula of a normative statement leads to the conclusion that a single norm of civil law is the basis for the fact that the situation described in it, having happened, itself becomes the basis for the emergence of the persons involved in it, described in the norm of civil rights and obligations.