The classification of the rights and freedoms of citizens should be understood as dividing them into certain elements that make up a complex of legal norms. Each of them regulates a specific set of relations arising in society. The existing types of law are divided, in turn, into legal institutions. For example, the Constitution, which serves as a legal norm, the Constitutional Court is the institutions of constitutional law. More details - further.
Concept, classification
Under the law should be understood a set of rules and norms determined and protected by state power that govern the relations that arise between people in society. This is a science that studies these norms. The right is nothing more than the legalized and protected by the state freedom to do something. And finally, this is an opportunity to act in a concrete way.
It is worth noting that in the modern legal system, all sectors are divided into procedural law (procedure and procedure for the implementation of duties and rights of objects) and substantive law (direct impact on relations relevant in society, as well as their direct regulation). In other words, substantive law is a specific and practical category, while procedural law is a general and theoretical one.
Varieties of substantive law
To begin, consider the classification of material rights. So, it is customary to distinguish:
- Constitutional law. This category is a regulation of relations between the state and the individual. It is about the organization of the state and its constitutional characteristics.
- Administrative law is nothing more than the regulation of relations arising between structures of national importance, as well as between officials. In addition, through the administrative legal sector, the public functions of the state are controlled.
- Civil law. We are talking about personal non-property and property relations, property rights to certain material resources (for example, real estate).
- Business law - the rules of law associated with the organization and subsequent conduct of business.
- Labor law. This category represents relations in the field of the labor market and wage labor.
- Financial right. Here we are talking about relations in the field of taxation, securities and government money.
- Criminal law - relations of the public plan, which are associated with crimes and other offenses. In this case, responsibility is relevant (one or another punishment provided for by the legislation applicable in the territory of the country for a specific offense).
- Environmental law. This branch of law means the interaction of nature and society, environmental protection, as well as environmental safety.
- Family law deals with the regulation of family and property relations associated with them.
- Social Security Law. This category involves the distribution of part of the GDP between people through special cash payments, social services, social insurance, benefits. It is advisable to include the implementation of the relevant law.
Varieties of procedural law
Consider the classification of procedural rights. It is worth noting that this collection includes much fewer elements than the one disassembled above. This includes civil law of a procedural type, criminal procedure law, as well as arbitration proceedings. It is advisable to add that the latter category is characteristic exclusively for the Russian Federation.
In addition to these industries, experts identify a number of other, more specific ones. They are called complex in another way. It is important to note the following categories of law: banking, agricultural, commercial, housing, transport, land, copyright, municipal, customs, penal, as well as inheritance and criminal.
International law
In the classification of rights and freedoms, there is another legal branch. It is customary to consider it separately. It is about international law. This is a completely different legal system, because all the previous varieties are related to domestic politics, and this one is directly related to foreign.
Under this element of the system of classification of rights, one should understand the totality of legal norms that govern relations arising between states, as well as relations involving legal entities and subjects of foreign states. It is worth adding that this system in any case takes into account foreign legal features and legal acts.
Classification of rights of international type:
- public law;
- private right;
- supranational law (we are talking about interstate relations).
Classification of subjects of law. Individuals
In Russian law, it is customary to distinguish between 3 categories of subjects. These are individuals (individuals); the state, as well as its bodies; organizations (associations). Having considered the classification of the rights and freedoms of citizens, it is advisable to go to the subjects.
So, let's start with individuals. This category is formed by citizens, stateless persons, as well as foreign citizens. They constitute the largest, predominant grouping of individual subjects. Federal Law of May 31, 2002 No. 62-FZ “On Citizenship of the Russian Federation” by citizenship means a stable legal relationship that arises between a person and the Russian Federation. First of all, it is expressed in the complex of their mutual duties and rights (in accordance with Article 3). It should be noted that citizens of the Russian Federation have the totality of rights and freedoms enshrined in the Constitution. They carry certain obligations to the state and are under the auspices of the Russian Federation.
Foreigners
The classification of the rights of a person and a citizen of a foreign state residing in the territory of the Russian Federation is similar to that discussed above. In accordance with the Federal Law of July 25, 2002 No. 115- On the Legal Status of Foreign Citizens in the Russian Federation, it is customary to recognize an individual as a foreigner who is not a citizen of the Russian Federation, but who has evidence that he has citizenship (in monarchies - citizenship) in. state (according to Article 2).
You need to know that in Russia foreign citizens use the rights established by law, and also bear the same responsibilities as citizens of the country. The exception is cases provided for by law. Foreign citizens cannot:
- to be elected and to elect to federal structures of state power, structures of state. authorities of the constituent entities of the Federation, as well as take part in referenda of the Russian Federation and constituent entities of the Russian Federation;
- stay in the municipal service;
- to fill in certain posts related to the crew of a vessel that flies under the State flag of the Russian Federation.
- to be employed at facilities, as well as in structures whose activities are related to ensuring the security of the Russian Federation;
- to be called up for military service; Nevertheless, they have the right to enter the service under the contract, as well as go to work in the Armed forces of the Russian Federation, other troops and military associations as persons of civilian personnel.
Stateless persons
When considering the classification of citizens' rights, it is important to consider stateless persons. By stateless person, Russian law means an individual who is not a citizen of the Russian Federation and does not have evidence regarding the presence of citizenship of a foreign state. It is worth knowing that the legal status of these persons is equivalent to the status of foreign citizens. Of course, there are exceptions to the rules.
The organization
The next category of legal entities is organizations (associations). You need to know that their legal personality is specialized in nature, in other words, they have the rights and duties that they need to perform their own tasks and functions (for example, a film studio does not have the right to make canned fish, and a fish factory to shoot movies).
There are many classifications of the presented category, designed for specific educational or scientific purposes. The most striking is the division of organizations into commercial and non-profit.
Principles of Law
We analyze the classification of principles of law. Under the principles of law should be understood fundamental ideas (provisions, principles) that characterize its essence, purpose and content, as well as determining law enforcement and legislative activities.
To date, the following classification of principles of law is relevant:
- General legal principles. It is advisable to relate to this category principles that apply to the legal system as a whole. This is the principle of justice, legality, formal equality, humanism, unity of rights and obligations.
- Intersectoral principles are nothing more than the principles that underlie a number of legal branches (for example, the principle of publicity of proceedings in the SCP and the GSP).
- Industry principles determine and disclose the characteristics of the legal regulation of certain industries (the principle of unity of the land and real estate located on it, which takes place in land law).
- The principles of independent institutions of law. This category includes principles that extend to certain legal institutions.
Functions of law
Having considered the classification of human rights and freedoms, as well as the principles and subjective composition of the category, it is advisable to go to the functional. It is worth noting that modern jurists understand the functions of law as nothing more than the directions of the influence of law on relations arising and developing in society. All legal industries implement two types of functions. Each of them is classified into several varieties:
- General social functions. It is advisable to include the following components: economic function (transfer of benefits of the material plan and legal agreements); political function (work of political actors); communicative function (interconnection of managerial objects); environmental function (we are talking about environmental law).
- Special legal functions. This is such a function as regulatory (norms of behavior in public places, ensuring order in society); protective (in relation to public relations that are significant); assessment (determination of the illegality or legitimacy of actions and deeds); educational (influence on social behavior and inculcation of social rules).
It is worth noting that the listed functions of the category fully ensure the normativeness of society, and also reflect the process of legal impact and legal regulation.
Sources of law
In the legal literature there are many classifications of sources of law in accordance with various grounds. It is advisable to consider the main ones. Many researchers adhere to a separation in importance or, as they put it, in legal force. It is worth noting that the norms of the international legal industry, to which the Russian Federation has joined, have more significant legal force than domestic laws. Among the remaining sources, we indicate the following:
- Laws that have the highest legal value. They are adopted by the main legislative structures of governance. It is worth noting that laws can be classified into constitutional, current and codified.
- Regulations. It is important to highlight the Decrees of the President of the Russian Federation. It is they who make clarifications, specifics, in questions of a controversial nature, which are fixed by law.
- Additional measures to protect the public. It should be borne in mind that the deadlines for their execution, as a rule, are stipulated in the Resolutions of the Government of the Russian Federation.
Some researchers share legal sources depending on the scope of the action in terms of territory:
- Federal. They operate throughout the Russian Federation. It is advisable to include laws at the federal level.
- Regional legal acts. They are used in the territories of individual entities of the country.
- Acts of local importance. They take place in relation to the territories of specific municipalities.
- Local regulations. They operate within specific institutions.
Final part
So, we examined the classification of civil rights, as well as the basic legal norms. In addition, they touched on the classification of principles and sources of law. It is worth noting that the latter category is ambiguous. So, in modern society, different divisions are acceptable, and not just the ones indicated above.
For example, you can designate a classification that identifies certain legal sources depending on the circle of entities involved in legal relations. We are talking about general, applicable to all legal entities, and special, which are relevant only in relation to some subjects of legal relations.
If we consider the separation of sources of law in form, then it is advisable to note the legal custom (it was he who first appeared in the historical sense). Judicial precedent is a form of legal sources. By the way, he received maximum recognition back in ancient Rome. He became one of the key sources of national law in the USA, Canada, Australia and England. However, for the Russian national legal system, the presented source form is considered insignificant.