The system of law. Classification of legal institutions

The system of law is the internal content (structure) of law, expressed in the consistency and unity of its constituent norms, and at the same time in its differentiation (division) into institutions and branches. In other words, the above structure is represented in a certain way by interrelated norms. In turn, 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 ensure the regulation of any particular type of homogeneous social relations. For example, in labor law there is an institution for labor protection, in civil law - for sale and purchase.

The legal sub-sector is called a set of related institutions (norms) belonging to any legal branch. So, for example, in "the obligation law" the norms of the contract, barter, supplies and other are combined.

The industry refers to the aggregate 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 and so on).

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

There are different types of legal institutions (classifications for different reasons).

Depending on the scope of distribution:

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

Depending on the legal nature:

1. Material. These institutions of law are called upon to regulate the truly developing relations between people in connection with the distribution, production, transfer, exchange of material goods, the realization of their freedoms and rights by participants in social relations.
2. Procedural. These legal institutions regulate only organizational, procedural issues (investigation, order of consideration and resolution of conflicts, disputes and other). They have a special meaning and are directly related to the realization 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 securing the status of the subject in public interaction.
3. The protective legal institutions are called upon to protect the normal development of social relations, to guard against harmful influence from either side.

Depending on the structure:

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

The Russian system of law includes the following branches:

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

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