The branch of law, in fact, is a set of interconnected, separate legal norms, the regulation of which is carried out through specific methods characterized by internal unity, certain distinctive properties, and quality originality.
The Institute of Law is a separate group of legal norms that are interconnected and are part of the branch of law. They provide the regulation of a particular variety or side of a homogeneous social relationship.
Thus, the branches and institutions of law are a system of law, its structural elements.
Characteristic
The branch of law can be represented as a set of homogeneous legal norms that are aimed at regulating a specific area or sphere of public relations. The Russian law distinguishes the main and derivative industries.
The first category is represented by those industries that have a well-defined subject of regulation, delimited in accordance with specific essential features from other areas of society. This category is represented by constitutional, civil, criminal and administrative law.
Derivatives include those industries whose subject of regulation can be distinguished from the main one, but cannot exist outside its borders. Thus, the derivatives of civil law should be considered family, labor, civil procedural, housing law. A textbook on the theory of state and law is related to criminal in the same way as criminal procedure, criminal executive, etc.
Separation
According to the classification of branches of modern law, two main areas can be distinguished among them: private and public law. The difference between the two branches lies mainly in the parties to the legal relations under consideration. In the first case, the rules that govern relations between individuals (entities that are in a legal situation in the same situation; for example, legal relations between the buyer and seller, where both parties have certain rights and obligations) are considered. It also covers civil, commercial, international, private law, as well as intellectual property (e.g., copyright and patent law).
The second category includes rules, where one side is a state that participates in legal relations from a position of strength, thereby influencing the other. Public law also means the principles that serve as the basis for the structure of the state and relations between the state and its citizens. In addition to constitutional law, it also covers administrative, financial, criminal and procedural, as well as international law.
Thus, in each of the two categories there are several areas.
Some of the largest legal sectors are divided into sub-sectors that combine several institutions. Their external expression is the presence of a certain group of norms, consisting of general fundamental provisions inherent in part of the legal institutions related to it.
Kinds
Material branches of law are called upon to regulate the legal content of public relations by establishing the rights and obligations of subjects. They act directly using direct regulation. Various kinds of material relations act as an object.
Procedural branches of law are associated with the regulation of procedural and organizational issues, which, in particular, include the implementation of material norms, the resolution of legal disputes, the protection of the rights and legitimate interests of parties to relations, etc. It is aimed at regulating the order, procedures for exercising the rights and obligations of the parties.
Constitutional
The characteristic of branches of law traditionally begins precisely with it, since it serves as the basis for other branches. Constitutional law (the Constitution) regulates in general terms all legal relations related to the state and law (separation of powers, essential features of the state, legislation). It regulates:
- the form of public order and administrative division of the territory;
- the status and role of the holder of the highest state power, human rights;
- the main elements of the state system (for example, parliament), their functions, legal norms, structure, competence, as well as the basis and procedure for their formation (for example, the election procedure), as well as relations with other elements of the public system (like the local government).
By virtue of its highest convincing power, constitutional law also covers all constitutional provisions. Consequently, it covers principles governed by the Constitution, which are binding on everyone. Such rules also include all those legal provisions that govern the appointment or election of senior national officials. They also regulate the legislative preparation and implementation of the law. The number and nature of constitutional norms vary from country to country and largely depend on the form of government of the state.
Here you can also consider the issue of what constitutes suffrage, which is inherently constitutional. It can be represented, firstly, as a kind of subjective law, and secondly, as a set of norms that enshrines suffrage and establishes the procedure for their implementation and protection.
Civil
It constitutes the main part of private law and is applied as a general part of family, property, inheritance, and obligation law. This industry (and institutions) regulates the relations of individuals (legal and physical), objects, transactions, representation, deadlines, protection of civil rights.
Family law governs all relationships related to family and marriage (for example, marriage, mutual obligations of spouses, obligations towards children, etc.).
The succession law covers all relations relating to succession, heirs and testaments.
Obligation law consists of general and special parts and regulates everything related to obligations that lead to responsibility for an action or inaction on the part of one person (debtor) to another (creditor). It also governs non-contractual relationships (such as a public promise to pay).
The law on property governs real rights, their content, creation and redemption.
Housing law
A textbook on the theory of state and law defines it as a complex industry, which, in fact, is a set of legal norms designed to regulate social relations between subjects related to housing. This industry has its own principles, methods, subjects and subject.
Administrative
It regulates the activities of public authorities, the procedure for their formation, their powers, relations with citizens, responsibility for violation of administrative legislation, etc. Issues of this nature are resolved in an appropriate order in an administrative court. Complaints and protests regarding an order, directive, regulation, or legislation issued by an institution, official, or other person performing state administrative functions with a view to resolving a particular case shall be examined by this state body. Such proceedings may also be initiated in connection with the activities, inaction or delay of the actions of an institution, official or other person performing a public administrative function in accordance with public law (for example, police inaction in a particular situation).
Criminal
In this case, the law prescribes what actions should be considered as violations and what are the penalties for these actions. In other words, criminal law defines the circle of social relations that are under the protection of the state, and the violation of which entails punishment. This industry and legal institutions operate in the form of the Criminal Code, which is divided into general and special parts.
The first part provides general grounds for the punishability of an act and consists of three main sections: doctrines, criminal offenses and punishments.
The special part provides descriptions of specific punishable crimes and their punishments. It defines the necessary elements of a crime.
Procedural
It defines the rules of procedure. It also provides legal security and excludes arbitrary actions by the court. The rules of this industry and legal institutions are usually quite complex and must be followed very carefully to protect the administration of justice from arbitrary actions by the court, and to ensure that one of the parties involved in the trial does not gain an unfair advantage over another during the proceedings. A significant violation of procedural rules may, for example, lead to the annulment of a court decision.
Sub-sectors
Criminal procedural law regulates the activities of investigative bodies, prosecutors and the courts in criminal trials. The purpose of criminal proceedings is to ensure that offenders receive the appropriate punishment and that no innocent person is convicted.
Civil procedural law regulates the principles of resolving civil cases, the activities of the judiciary, which is necessary to protect the rights of citizens.
The rules of civil procedural law determine the rights and obligations of the judiciary and regulate the relations between the parties involved in the trial during the proceedings, as well as the activities of notarial and arbitration bodies (commercial courts dealing only with commercial matters).
Institute of Law
Under it is understood a group of norms that combine objective-functional relationships that ensure the regulation of a specific type of social relationship. Due to this, they are relatively stable and independently functioning.
The goal of legal institutions is to regulate certain sections, parts and aspects of society.
In fact, the institute is an integral part, a link in the industry, in each of which there are quite a lot of them. They are characterized by relative autonomy, since they are in one way or another connected with the solution of independent issues.
The following can be considered as examples.
- Criminal law is an institution of necessary defense, emergency, and insanity.
- Civil - limitation, gift, transaction, sale.
- Labor law - institutes of an employment contract, payment for work, labor protection.
- State - citizenship.
- Administrative law - the institution of an official, public administration, methods of public administration, etc.
The functioning of all these units is carried out in close interconnection not only within a specific industry, but also beyond.
Classification
As a rule, several types of legal institutions are distinguished.
First of all, in accordance with industries, they can be civil, criminal. This, for example, labor law institutions, financial, etc. Groups correspond to the number of industries. This criterion is one of the most common for their differentiation.
In accordance with a similar sign, they are divided into material and procedural. Also, legal institutions can be sectoral and intersectoral (or mixed), simple and complex (or complex), regulatory, protective and constituent (fixing). Intra-industry institute includes norms that relate to only one branch of law, while inter-industry institute comprises the norms of several branches.
The institute can be simple or complex (complex). The latter can be quite large, and it may include smaller units, which are called sub-institutes.
According to some jurists, it is also necessary to single out a sub-institute of law. It is an ordered set of legal norms, the purpose of which is to regulate a particular variety of social relations, which are limited by the framework of a particular institution and branch of law.