Many jurists, who use their knowledge both theoretically and practically, come up with various concepts on exciting issues. And the concept of "public order" is often associated with other similar terms. Specialists define the boundaries between them and their similar characteristics.
Two main concepts
They usually interpret the very definition of "right". In turn, on the basis of them, aspects are formed that characterize the legal order:
- content;
- implementation;
- functions.
The concepts themselves are:
- Law is the lofty but abstract ideas of justice, freedom, the formation of morals and humanity. This concept is rather vague and unstable. Government regulations and laws may not be followed. The main principle is not to violate certain attitudes and beliefs.
- A right is a well-founded legal criteria. Their source is public authority. They display the designated values. Therefore, in societyrigid order and stability are being formed.
Many experts adhere to the second definition. Since, with all the distinctive features in the interpretation of law, in the end everything comes to the establishment of standards. Although in practice both concepts are conjugated and do not conflict with each other.
Types of order
There are two definitions that correlate as a component and a single. These are the concepts of "law and order" and "public order". Moreover, the second term is somewhat wider than the first.
Law and order is fixed on the right. The public analogue implies the preservation of all norms implemented in society.
The indicated concepts do not coincide only partially. The second term builds on the first. After all, law consolidates and protects many significant relationships. For example:
- property;
- political mechanism;
- personality positions;
- socio-economic system;
- labor;
- administrative.
The legal range is wide. Relations that do not need legal regulation are positioned outside its borders. Examples:
- moral and ethical;
- romantic;
- friendly.
The rule of law mainly implements the tasks of the state. However, its preservation is of interest to all citizens.
Distinctive features of terms
The concept of "public order" and its legal counterpart differ on the following points:
- Nature. The first is formed along with the appearance andthe formation of society. It becomes its component and condition of life. The second arises as a political and legal option much later, with the formation of public authority. This is a state component.
- Normative basis. The rule of law is based on law and its implementation. Public appearance is a consequence of the preservation of all norms.
- Methods of provision. The support of the first is a special coercion mechanism. And the second is based on the power of opinion in society and measures of non-state influence. The first is covered by state power. The second is social impact.
- Punishment. Violators of law and order are subject to legal sanctions, and public - additional moral measures.
Ratios of three definitions
Legality is added to the previously mentioned concepts in this matter. They are closely related but lack identity.
The correlation of concepts - "legality", "law and order", "public order" - is revealed in a causal interaction.
Law is the forerunner of law and order. There is a strong causal relationship between them. Where there is law, there is law and order. If the first is absent, then the second is also absent.
Distinctive features in their content are formed based on the following factors:
- items;
- carriers (that does not contradict legal criteria);
- of the composition of entities that are responsible for maintainingconditional norms;
- a spectrum of prescriptions that are mandatory for implementation.
Changing these points determines the scope and content of legality in certain conditions. Depending on them, its meaning in a particular society may vary.
The concept of "public order" should not be delimited from them either. He is an important link in maintaining the rule of law.
Russia has a solid practice of involving society in this task. Examples of this are:
- unions;
- people's squads;
- comradely judicial organizations.
All of them have made a huge contribution to maintaining the rule of law and strengthening discipline in the workforce. Their work bore fruit in places of public importance and areas of residence.
However, nowadays such traditions are disappearing. And the human consciousness is more saturated with the views of individualism.
Broad and narrow senses
The constitutional concepts of "public order" and "public safety" do not have a unified interpretation.
Their doctrinal analysis highlights two important aspects:
- Public order has two meanings. The first has to do with social and political structures. The second concerns administrative and organizational areas.
- The concept of "public order" is strongly associated with the extended classifications of the state system and the control algorithm.
In a broad sense, order systematizes everythingsocial relationships, taking into account the current Constitution and other laws. At the same time, the political regime of the country is not important.
The following items are included here:
- state order in progress;
- control principles;
- administrative and organizational unit.
In the narrow sense, it turns out a set of norms approved by the state. They regulate the actions of citizens:
- at work and beyond;
- in public areas;
- in hotels, own apartments and houses;
- according to the location of friends, family or relatives.
Defense of order in the first sense
This implies protection and execution at the highest level.
The concept of "protection of public order" in Russia is expressed in the work:
- President;
- courts (Constitutional, Supreme, Arbitration);
- Federal Assembly;
- Attorney General.
When national security is threatened, the head of the Russian Federation can attract the necessary resources for defense. As a rule, these are special-purpose services.
Protection of order in the second interpretation
The administrative-organizational structure implies the involvement of local structures to maintain order. The forces of supervisory agencies, units of the Russian Ministry of Internal Affairs are involved.
Each of them manages its own territory (region, city, village, etc.). In placesbranching occurs (by sections, districts, etc.).
Criminal acts and punishment
The concept of "violation of public order" is revealed as ignoring the rules of legal and non-legal significance. At the same time, an individual citizen or citizens infringes on the rights and freedoms of other members of society.
You can bring such persons to responsibility when they commit actions reflected in the legal documentation.
Pen alties can be:
- Disciplinary. Often applied to violators of labor discipline: drunkards, brawlers, brawlers, etc.
- Administrative. Used for petty hooliganism, domestic showdowns, etc.
- Civil law. They are used for damage to property, failure to pay pen alties, etc.
- Criminal. Are applied for violations of paragraphs of the relevant code of the Russian Federation.
Perfect picture
The concept and signs of public order are interconnected. And he reigns in society when the following picture is formed:
- Public relations are streamlined and systematized. For example, at the stadium during the match, all spectators observe the norms of behavior, and the safety of the facility is protected by special services.
- Regulated legal regulations. For example, mass events are implemented on the basis of administrative and federal laws.
- The implementation of public relations takes place in the appropriate places. For example, people in shopping malls behave decently. All premises are reliably protected from criminal encroachments and potential emergencies.
Unfortunately, in practice, a perfect picture is obtained infrequently. The last bright manifestation of it was the World Cup, hosted in our country. No other match has seen so many riots and threats to life.
