Special and Exceptional Norms as a Component of a Special Legal Status: Peculiarities of Correlation and Forms of Objectification

Abstract

Due to the existing in practice variety of subtypes of special status, regulated by special norms of different levels of specialization, the author represents an analysis of the ratio of such important and ambiguous phenomena of the legal system as special legal status, special and exclusive norm. The purpose of the study: to determine the impact of special as well as exclusive norms on the status of the subject, and to identify the specificity of the forms of external expression of the said norms. Attention is drawn to the fact that the existence of a special status is possible only on the basis of the presence of a special norm, which regulates it. Nevertheless, the emergence of such a status is quite objective, since it is a response to the diversity of social relations falling under the regulatory impact of law. It is shown that special norms act together with general norms, performing such functional tasks as specifying and detailing social relations. Special norms do not violate the general ones, but only supplement or limit the scope of them. The following conclusions are drawn: exclusive norms are a special group of special norms. They provide for directly opposite variations of legal regulation. However, this opposite does not mean a violation of the basic legal requirements. Exceptions can be both from general and special norms. Exclusive norms also characterize the special legal status of subjects. Special and exclusive norms are embodied in the forms of law, primarily normative acts. Special norms are objectivized in laws, while exclusive norms find their expression in subordinate lawmaking. The statement of the problem in this aspect determined the reference to departmental rulemaking. It is noted the excessive abstractness of the exclusive norms, especially denoted by the term “exceptional case”.