Structure of law

The concept and structure of the system of law is presented in the form of a legal-doctrinal structure and category, which includes norms, as well as industries and institutions that unite these norms. According to the doctrinal interpretation, the main constructive element is the norm. The structure of the legal system contains a large number of different provisions. They are used when regulating various social relations. In this case, there are some regular relationships between the features of regulation and the specifics of relations. Thus, the structure of law provides that regulation of homogeneous relations is carried out by norms of the same order. In accordance with this, within the discipline all norms are combined into branches and institutes.

A legal institution is a set of norms of the same order that regulate a specific type of relations in a society. Thus, the legal institute of property in the field of civil legal relations is represented in the form of norms of one type, interrelated and regulating relations related to property. Other civil law institutions and other legal branches are defined in a similar way.

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

The structure of law, therefore, provides for the species distinction expressed by institutions within the same industry. The 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 branch contains a set of civil procedural, criminal procedural and other provisions.

The branches and norms of substantive law establish the initial duties and rights of subjects in a specific area of regulation of relations. At the same time, procedural provisions and industries fix procedures and procedures, in accordance with which material norms, duties and opportunities of participants in procedural legal relations are realized.

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

Within the sectors sub-sectors are formed. At the same time, the structure of law presupposes the formation of appropriate procedural or material sub-sectors within the material sectors.

These relatively large components of the industry unite a group of homogeneous legal institutions. Often, initially formed on the basis of several (or one) legal institutions, the sub-sectors (under a number of conditions) gradually become independent in new independent units.

In the legal literature, discipline is divided into public and private areas. So, determine the public law industry . They include a complex of constitutional, administrative, civil procedural, criminal, criminal procedure norms. The branches of private law are, for example, civil.

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