System of law. Classification of legal institutions

The legal system is the internal content (structure) of law, expressed in the coherence and unity of its constituent norms, together with its differentiation (division) into institutions and industries. In other words, the above structure is represented in a certain way by interrelated norms. In turn, the norms in a complex form the institutions that make up the legal branches and sub-sectors, the unity of which is the system of law.

A legal institution is a set of norms that provide for the regulation of any particular type of homogeneous social relations. So, for example, in labor law there is an institution for labor protection, in civil law - sale.

The legal sub-sector is the set of related institutions (norms) that belong to any legal sector. So, for example, in the "law of obligations" the norms of the contract, exchange, delivery and other things are combined.

An industry is a set of legal norms and institutions designed to regulate the homogeneous sphere of social relations that form the subject of regulation of law (constitutional, criminal law, etc.).

Thus, a complex hierarchical structure is formed, characterized by internal processes taking place in it. The concept of a legal system reflects not only the constituent elements of a legal formation. The definition shows the relationship, as well as the dependence of the components on each other.

There are various types of legal institutions (classification on various grounds).

Depending on the scope:

  1. Industry. These legal institutions are characterized by a relatively small community of norms, the autonomy and specificity of which does not extend beyond the boundaries of one industry (for example, in criminal procedure law - the institution of the accused, suspect, victim).
  2. Intersectoral. These institutions are formed and exist within two or more legal sectors.

Depending on the legal nature:

  1. Material. These institutes of law are called upon to regulate really developing relations between people in connection with the distribution, production, transfer, exchange of material goods, and the realization by participants of social relations of their freedoms and rights.
  2. Procedural. These legal institutions regulate only organizational, procedural issues (investigation, order of consideration and resolution of conflicts, disputes, etc.). They have special significance and are directly related to the exercise and application by citizens of their rights.

Depending on the function:

  1. Regulatory legal institutions are called upon to regulate relevant social relations.
  2. Constituent - perform the function of consolidating the status of the subject in social interaction.
  3. Law enforcement institutions are called upon to safeguard the normal development of social relations, to protect from harmful influence from someone else.

Depending on the structure:

  1. Simple (not containing internal formations).
  2. Complex (include small independent components - sub-institutions).

The Russian legal system includes the following sectors:

  1. Constitutional sphere. In this industry, the form of government, rights and obligations, the state-territorial structure, the order of formation, relations and functions of the highest state authorities are being consolidated.
  2. Civil industry. In this area, the regulation of property relations in society, as well as non-property relations associated with them, is manifested.
  3. Administrative sphere. In this industry, the regulation of social relations related to the organizational, executive and administrative activities of bodies and officials in the state administration apparatus is carried out.

The legal system also includes labor, criminal, family, criminal procedural, civil procedural, financial law.

Source: https://habr.com/ru/post/G22414/


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