The system of Russian law

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2018-03-19 10:00:35

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The Russian law is a set of industries that, in turn, combine institutions and sub of Russian law. The industry formed the legal norms, depending on the subject matter. Division of rules into the following thematic groups are required to prevent collisions between them. The same relationship may not simultaneously be subject to regulation by several industries.

What is the structure of the system of Russian law? Branch of law are divided into procedural and substantive. Material laws reinforce norms that are to be performed and prescribe negative consequences for non-compliance in the form of sanctions. Procedure codes reglementary the realization of the right of persons to protection of their substantive rights. Material are industries such as civil, criminal, land, family law, etc. Examples of procedural branches serve civil process and criminal process. Some lawyers speak of the necessity of providing a procedural right. Procedural rules reglementary the process of implementation of substantive law, not the process of its protection by the competent bodies and departments. This group is proposed to include the tax procedural law, presented the procedural provisions of the tax legislation and legal norms enacted by the Ministry of Finance of the Russian Federation and subordinate agencies as well as civil procedural law, submitted by the rules on registration of legal entities, registration of transactions, etc. However, while this approach has not received universal acceptance, and therefore to say that the Russian law includes a procedural right to be inaccurate and incorrect.

Share the industry of private law and public law. The first govern the relationship between equal entities, and the second one of the sides always in positions of authority, equality of the subjects is missing. The beginnings of private law built on the discretionary method of regulation, was laid in Rome. Contemporary continental family, to which the Russian law, adopted the best traditions of Roman jurists by the reception. Not accidentally Russian legal vocabulary is full of Latin terminology. This group includes civil, housing, land, family law, etc. Publicly-legal relations grew out of the right of peoples that prevailed between the representatives of different countries and prescribing to them a certain attitude to the authorities. It arose with the emergence of the state and has developed along with it. This group includes constitutional, criminal, administrative, tax, fiscal law, etc.

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In the legal literature one can often read that there are sub-branches of Russian law, is often ranked among the institutions. This electoral law, competition law, commercial law, etc. They have your item, but this item is part of a wider is essential for a particular industry. Municipal law by certain researchers regarded as an independent complex branch (for example: Shugrina E. S.), and the other as a legal institution.

To determine the location of industry in the national legal system, you need to understand which relations it is aimed and how it affects the development of these relations. So, the place of labour law in the Russian law is defined as follows: the subject – the relationship between the employer and the employee on implementation of the last function, method – a combination of imperative and dispositive started. Environmental law is defined as: object – environmental and natural resource relationships, method – mostly mandatory.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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