Structure of law

The concept and structure of the legal system is presented in the form of a legal doctrinal structure and category that includes norms, as well as industries and institutions that combine these norms. According to the doctrinal interpretation, the main structural element is the norm. The structure of the legal system contains a large number of different provisions. They are used in the regulation of various social relations. At the same time, there are some regular relationships between the characteristics of regulation and the specifics of relations. Thus, the structure of law provides that the regulation of homogeneous relations is carried out by the norms of the same order. In accordance with this, within the discipline, all norms are united in industries and institutions.

A legal institution is a set of rules of the same order that govern a specific type of relationship in society. So, the legal institution of property in the field of civil relations is presented in the form of norms of one type, interconnected and regulating relations related to property. Other civil law institutions and other legal sectors are defined in a similar way.

The industry is a set of norms of the same order, designed to regulate social relations of a certain kind.

The structure of law, therefore, provides for a species difference expressed by institutions within the same industry. A difference exists between groups of norms that are relatively independent.

There are branches of procedural and substantive law. The second category includes a complex of civil, labor, criminal and other norms. The procedural industry contains a combination of civil procedure, criminal procedure and other provisions.

Sectors and substantive law establish the initial responsibilities and rights of subjects in a particular area of ​​regulation of relations. At the same time, the procedural provisions and industries consolidate the procedures and order in accordance with which material norms, obligations and opportunities of participants in procedural legal relations are implemented.

Procedural provisions, sub-sectors, industries and institutions give the necessary legal certainty to the relationships between different entities at various stages of law enforcement, law-enforcement and law enforcement. Thanks to these norms, the entire structure of law acquires a legal guarantee in the sphere of realization of individual freedoms and rights.

Within sectors, sub-sectors are formed. Moreover, the structure of law presupposes the formation within the framework of the material branches of the relevant procedural or material sub-sectors.

These relatively large parts of the industry unite a group of homogeneous legal institutions. Often, initially formed on the basis of several (or one) legal institutions, sub-sectors (subject to a number of conditions) are gradually being isolated into new independent units.

In the legal literature, the division of discipline into public and private direction is accepted. So, they determine the branches of public law. They include a complex of constitutional, administrative, civil procedural, criminal, criminal procedural rules. The branches of private law include, for example, civil.

It should be noted that the separation of public and private areas in the discipline was adopted by Roman lawyers. The allocation of a set of public norms corresponded to the principle on which Roman jurisprudence was based. The subject of the discipline included (along with the study of law in general) the corresponding study of public authority (legal interpretation and understanding of the state).

Source: https://habr.com/ru/post/F8450/


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