Russian law system

The system of Russian law is a combination of industries, which, in turn, combine the institutions and sub-institutions of Russian law. Sectors are formed from legal norms depending on the subject of regulation. The division of norms into such thematic groups is necessary in order to prevent conflicts between them. The same relations cannot simultaneously be the subject of regulation of several industries.

What structure does the system of Russian law have? Branches of law are divided into procedural and material. Material laws enshrine the norms that must be followed and prescribe negative consequences for their non-compliance in the form of sanctions. Procedural codes regulate the process of realization of a person’s right to protect their material rights. Material branches are such branches as civil, criminal, land, family law, and others. Examples of procedural branches are the civil process and the criminal process. Some lawyers talk about the need to highlight procedural law. Procedural norms regulate the process of implementation of substantive law, and not the process of its protection in the competent authorities and departments. This group is proposed to include tax procedural law, represented by the procedural rules of tax legislation and by-laws adopted by the Ministry of Finance of the Russian Federation and its subordinate departments, as well as civil procedural law, presented by the rules on registration of legal entities, on registration of transactions, etc. However, so far this approach has not received universal recognition, and therefore to say that the system of Russian law includes procedural law will be inaccurate and incorrect.

Separate the branches of private law and public law. The former regulate relations between equal persons, and the latter, one of the parties is always endowed with power, there is no equality of subjects. The beginnings of private law, built on a discretionary method of regulation, were laid in Rome. The modern continental family, which includes the system of Russian law, adopted the best traditions of Roman lawyers through reception. It is no coincidence that the Russian legal lexicon is full of Latin terminology. This group includes civil, housing, land, family law, etc. Public law relations have grown out of the law of peoples, which prevailed between representatives of different countries and prescribed them a certain attitude towards the authorities. It arose with the advent of the state and developed with it. This group includes constitutional, criminal, administrative, tax, budget law, etc.

In legal literature one often has to read that there are sub-sectors of Russian law, which are often ranked among institutions. This is suffrage, competition law, commercial law, etc. They have their own subject, but this subject is included in a broader one, which is basic for a particular industry. Municipal law is perceived by some researchers as an independent complex industry (for example: Shugrina E.S.), and by others as a legal institution.

To determine the place of the industry in the national legal system, you need to understand what kind of legal relationship it is aimed at and with what help it affects the development of these legal relations. So, the place of labor law in the system of Russian law is defined as follows: subject - relations between the employer and employee on the issue of the latter's fulfillment of his function, method - a combination of imperative and dispositive principles. The place of environmental law is defined as follows: the subject is environmental and natural resource relations, the method is predominantly imperative.

Source: https://habr.com/ru/post/F20052/


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