LawState and Law

Russian legal system

The system of Russian law is a set of industries, which, in turn, combine the institutions and sub-institutions of Russian law. Industries 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 relationship can not simultaneously be regulated by several industries.

What is the structure of the Russian law system ? The branches of law are divided into procedural and material. Material laws fix the norms that must be fulfilled, and prescribe negative consequences for their non-compliance in the form of sanctions. Procedural codes regulate the process of realizing the right of a person to protect their material rights. Material are such sectors as civil, criminal, land, family law , etc. Examples of procedural industries are the civil process and the criminal process. Some lawyers talk about the need for procedural law. Procedural rules regulate the process of exercising substantive law, and not the process of its protection in competent bodies and departments. This group proposes to include the tax procedural law, represented by procedural norms of tax legislation and by-laws adopted by the Ministry of Finance of the Russian Federation and its subordinate departments, as well as the civil procedural law represented by the rules on the registration of legal entities, the registration of transactions, etc. However, so far this approach has not received universal recognition, and therefore it is inaccurate and incorrect to say that the system of Russian law includes procedural law.

Separate the private law and public law. The former regulate relations between people of equal rights, and secondly, one of the parties is always vested with power, there is no equality of subjects. The beginnings of private law, built on the dispositive method of regulation, were laid in Rome. The modern continental family, to which the Russian legal system belongs, has adopted the best traditions of Roman lawyers through reception. It is no accident that the Russian legal lexicon is full of Latin terminology. This group includes civil, housing, land, family law, etc. Public-legal relations have grown from the right of peoples, which dominated between representatives of different countries and prescribes to them a certain attitude to the authorities. It arose with the advent of the state and developed with it. This group includes constitutional, criminal, administrative, tax, budgetary law, etc.

In the legal literature it is often necessary to read that there are sub-sectors of Russian law, often referred to as institutions. This is the electoral law, competition law, commercial law, etc. They have their own subject, but this object is included in a wider one, which is the main one for a particular industry. Municipal law by some researchers is perceived as an independent integrated industry (for example: Shugrina ES), and others as a legal institution.

In order to determine the place of the branch in the national legal system, it is necessary to understand which legal relations it is aimed at and by what means it influences the development of these legal relations. Thus, the place of labor law in the system of Russian law is defined as follows: subject - the relationship between the employer and the employee on the performance of the latter's functions, the method - a combination of imperative and dispositive principles. The place of environmental law is defined as follows: the subject is environmental and nature resources relations, the method is predominantly imperative.

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