Turning to the role of law, we can see that it plays a role in society not only as a set of different attitudes, but also, in essence, has systemic features. Whatever system you and I take, it is supposed to find links in it. So, how to compare all these elements and concepts? How to understand the system of law? What is included in this structure?
The problem of studying the phenomenon
Particular attention in this article will be given to the concept of the legal system and its elements. This issue occupies a special place in the study of the theory of state and law. However, the list of aspects of such a problem is quite huge. There are various nuances of the structural elements of the legal system. There are other pitfalls. But further study of this topic comes from the legal system: concepts and basic elements.
But we must not forget about the legal specifics of our country. The system of law of the Russian Federation and its elements must be analyzed especially carefully. This article describes the features of Russian reality. Recall that the main one is the horizontal structure of the legal system, which is also characteristic of other countries, but it is undoubtedly decisive for the further branching of the Russian model of the system.
In itself, it is, in scientific terms, a hierarchy of the components of law, which is formed independently in a way that reflects the actual place in society and progressing social relations.
Characterization of the system and its role
From the point of view of history, the legal system in various countries was compiled and developed due to the need to manage social communities. Just for this reason, sets of norms are compiled that, as you know, govern established groups of relationships.
The legal system is a single mechanism, because the will of society is reflected in the attitudes that make it up. On the other hand, the rules of the law have differences in content, action, expression, and so on.
What are the elements of the legal system?
In a generalized form, it is a structured formation, which consists of parts. They are connected and interact with each other. The rules of law in the system play the role of bricks from which more complex elements are composed.
The branch of laws is a collection of homogeneous norms that govern groups of public relations. The branch of law is divided into related units called institutes of law. In the system of legislation itself, branches of procedural and substantive law are distinguished.
Features of institutional division
A legal institution is a separate group of norms that regulate homogeneous social relations from within the industry. This is one of the key concepts of the legal system and its elements. Several institutions that are fairly close in nature to the management form a sub-branch of law.
So, continuing to analyze the system of law and its elements, we unwittingly ask some questions. What isolates in structure? How are items mapped?
The legal system distinguishes sub-sectors of law and its sub-institutions. We will understand further. A sub-industry is a collection of legal rules that govern several sections of a homogeneous relationship. The sub-institute of the legislation, as an independent sub-institute, represents a certain part of the norms of a legal institution. The term "system of law", as well as the structure of this concept, are distinguished for scientific and educational purposes.
In real life, the most special case is the work of lawyers with the definitions of "legislation" and "system of legislation", which form the basis of their professional activities.
What is meant by the structure of the legal system and its elements?
In a word, the primary part of the structure of the legislative system is the normative part. It departs from the state itself and represents mandatory behavioral rules that regulate by no means all, but only, to a greater extent, important social relations.
In essence, the branch of law is a set of relatively independent legal norms that just regulate a strictly defined area of social relations. You may notice that the institutions and industries themselves are closely and balanced enough connected with each other. They, if you can notice, interact and mutually complement each other, constituting a single hierarchy of the system.
In all likelihood, characterizing private and public law, we should focus on the criteria by which the structure of the system is divided into two large groups. These include the subjective composition, and, to all this, the subject of legal regulation along with the method of legal regulation.
Features of the separation of the structure
Undoubtedly, the procedural and material branches are distinguished as a plus to private and public law in the structure of the system. Material combine the norms of all sectors that regulate specific situations. Procedural procedures unite the established rules of social behavior of an organizational procedural nature, which regulate the order, form and method of enforcement of substantive law. And those that regulate other varieties of processes form sub-sectors of the above branches of law.
Without any doubt, at the same time, along with the structure of the system in the theory of state and law, there is such an important concept as the "system of legislation", by which we mean the totality of the legal acts of the whole state, in which structural and substantial characteristics are expressed.
Obviously, the structure of the legal system in itself is formed independently and objectively, in accordance with the prevailing social conditions and relations, and the structure of the legislative system in the study is in many aspects quite subjective. This happens because it develops, first of all, at the behest of the legislator.
Division of structure into links
Undoubtedly, the norm is the primary link in the structure of the system for us, and the normative legal act is the primary element in the structure of the legislative system. In this case, the system plays the role of the primary initial principle in relation to the structure of the legislative system. With all this, it is the most important orientation for the legislator at the time of adoption, amendment or cancellation of various legislative acts.
Of course, the structure of the legislative system throughout its entire volume of material contained in it is much wider in scope than the structure of the legal system for the reason that it includes in its own content those provisions that, for appropriate reasons, cannot be attributed to the law.
Aspect of horizontal system construction
Of course, the structure of the legal system in itself has only a horizontal (differently sectoral) structure, and the structure of the legislative system contains not only sectoral differences, but also hierarchical ones (that is, by the legal force of the legal acts), and it also has state system of legislation.
Concluding the story about the system of law and its elements, it is worth noting that the branches of the law do not always completely coincide with the branches - this fact is explained by the fact that when forming a separate branch, the norms can be used in different combinations.