Each person is unique, he has his own habits, psychological and psychological characteristics, his own idea of what actions are called correct and which are not. If the characteristics of one person do not coincide with the distinguishing features of another, a conflict may arise. In order to avoid this, clear and general rules of behavior are necessary for all, which will help a person to clearly realize which behavior is permissible and which can lead to unpleasant consequences. Such a regulator is law - a set of government-sanctioned rules and norms of behavior that determine relationships in society. The article will give a classification of branches of law. This system is quite extensive, consists of many elements.
Law is a general concept, it is divided into branches. And for convenience, a classification of branches of Russian law has been developed.
What is a branch of law
So, let’s study what the term “branch of law” carries. The concept and classification will be disclosed in the text.
So, the branch of law is understood as an element of the legal system, which is a set of rules that govern a certain group of relationships. The field of law is divided into separate, interconnected elements called institutions. Each section is characterized by a specific subject, sphere, and regulatory methods.
Classification criteria
The classification of legal norms by industry is based on the purpose of these rules:
- Substantive law. It is understood as state influence on public relations.
- Procedural law. It regulates the relations arising during the consideration of criminal, arbitration and civil cases.
Classification
For your convenience, this article first gives a brief classification of the branches of law.
The material sections include the following sections:
- Constitutional.
- Administrative
- Civil.
- Criminal, etc.
Procedural law consists of:
- Criminal Procedure.
- Civil Procedure.
- Arbitration Procedure.
- Constitutional Procedure.
- Administrative procedural.
Constitutional law
Now we will consider the classification of branches of law in more detail. Let's start with the constitutional.
This term is understood as a set of norms that enshrine the social and state structure, organizations, functions and relations of state bodies, the basic rules of behavior of the population. The basis of this type of law in Russia is the main legislative document - the Constitution of the Russian Federation. Despite this, the law involves the implementation of not only the norms and laws of the Constitution, but also other legislative documents.
The subject of constitutional law are:
- Relations that characterize the basic principles of the constitutional system.
- Rights and freedoms of the individual.
- Formation of elements of the federal apparatus and national-state relations.
- Tasks of organizations of state and local authorities.
Administrative law
If we are considering the classification of branches of law, then we cannot ignore the administrative right, the action of which is aimed at regulating the relations that develop during the process of organization and functioning of the executive branch.
The types of subjects of this right include: 1) individual (the population of the Russian Federation, foreigners, stateless persons, civil servants); 2) collective (state and non-state).
The subject of administrative law is the relationship that occurs during the actual implementation of public administration in the field of politics, economics, culture, as well as in the interdisciplinary sphere.
Civil law
This type of jurisprudence is responsible for relations:
1) In the field of property.
2) Personal non-property relations.
3) Related to intangible goods.
Let us dwell on each view in more detail:
1) Property relations arise when there is a process of creation, distribution, exchange or use of material goods.
2) Non-property relations may arise regarding the results of mental or creative activity, manifestations of individualization of legal entities, goods, services, etc. Also, they include any other relations that are based on the unity, free will and property autonomy of participants.
3) In addition, relations related to various human rights and freedoms (freedom of movement, choice of residence, etc.), and other intangible benefits (life and health, honor, dignity, private life, etc.) are highlighted.
Criminal law
Criminal law determines which actions are dangerous for society and what penalties are imposed by the state for their commission. The norms of this right are fixed in the Criminal Code of the Russian Federation, which entered into force on January 1, 1997. This legal act is divided into two parts: general (its provisions apply to any crimes) and special (certain types of crimes and their punishments are described).
The subject of criminal law regulation are:
1) The protective relationship that may arise between the state and the person who committed the crime. These relationships are responsible for the execution of punishment and criminal liability, as well as release from them.
2) Regulatory interactions are made up of norms that determine a person’s right to commit a crime in the presence of any circumstances (self-defense, extreme need, etc.).
Criminal Procedure Law
We have considered the classification of branches of law related to the material section. Now let's dwell on the procedural category.
Criminal procedural law in the executive sphere of punishments deals with the regulation of the enforcement of sentences, resolves doubts and disputes arising during the implementation of sentences. The scope of this right also includes: the provision of all necessary documents aimed at the release of the convict from prison due to illness; consideration of early release; replacement with conditional conviction or severe punishment with a milder one, etc.
The subject of criminal procedure law includes relations arising during the initiation of criminal proceedings, investigation of a crime and during the trial.
Civil Procedure Law
The norms that make up the aforementioned law include the regulation of relationships and actions that arise during proceedings in civil cases.
The tasks of this branch of law include the speedy and correct resolution of disputes, conflicts and civil cases aimed at protecting the rights and freedoms of citizens.
Arbitration Procedure Law
This section of jurisprudence aims to establish the work of arbitration courts that deal with economic disputes arising between organizations and entrepreneurs.
With the help of the arbitration process, material rights are realized and protected, as well as the interests of persons involved in entrepreneurial or other economic activity.
The subject of arbitration procedural law is the functioning of the court and persons involved in the administration of justice in the present case, the jurisdiction of which relates to the arbitration process.
Constitutional procedural law
This area is understood as a system of legal norms that enshrines the rules for constitutional proceedings by specialized courts.
The subject of this right, like others, is public relations. In this case, they are related to the implementation of constitutional justice. They can be divided according to the types of cases considered by the Constitutional Court of the Russian Federation (for example, on the interpretation of the Constitution) and the stages of judicial proceedings (appeal, its consideration, preparation for a hearing, etc.).
Administrative Procedure Law
This section of jurisprudence is a combination of principles that streamline social relations in terms of initiating, considering and resolving administrative cases.
The subjects of this right include substantive legal relations created during the solution of tasks of public administration, as well as the procedure for their implementation.
International law
Do not lose sight of the branch of international law. The classification of this type of jurisprudence will be presented below, but for now we will deal with the concept itself.
International law is designed to regulate the relationships that arise between different peoples (countries).
The following branches of international law are distinguished:
- International treaties.
- External relations.
- Organizations and conferences.
- International security.
- Marine.
- Airy.
- Cosmic.
- Ecological.
- The economic.
- Human rights.
- Humanitarian.
- Criminal
So, we examined the types of branches of Russian and international law. What did the proposed classification keep silent about? Applied branches of law - this is what has been missed. Applied is any subject that may find practical application. In this case, all types of law are applied.