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Branches of law and legal institutions
 

Branches of law and legal institutions

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    Branches of law and legal institutions Branches of law and legal institutions Presentation Transcript

    • A branch of law is a separated complex of legal norms aimed at regulating a specific field of qualitatively similar public relationships. A branch of law, which is the largest structural unit and a central element of law, the most fully expresses the «group» features of legal regulation.
    • •Characteristics: •they are legally original, which means they contain initial legal material which is then used in some way in the legal regimes of other branches formation; •they concentrate general legal regimes and legal regulation methods. •Examples: constitutional, civil, administrative, criminal, civil procedural, criminal procedural law fundamental •in which general legal regimes are modified and adapted to special spheres of society (examples: labor law, land law, family law, etc.) special •characterized by combination of different institutions of fundamental and special branches. Examples: business law (commercial, trade law), sea law, etc. complex
    • Substantive branches of law (substantive law) regulate public relationships directly. Include constitutional (state), civil, administrative, criminal law, etc. Procedural branches of law (procedural law) determine the procedure for the implementation of substantive law and originate from it.
    • Constitutional law is combination of legal norms that define the relationships of different entities within a society and a state, the principles of social and political system, organization and operation of state and local governments. In the system of social relationships that are the subject of this branch, the main place is occupied by the relationships between man, society and the state They define the structure of the state and its functioning. The nature of these relationships also determines the methods of control
    • Civil law is combination of legal norms that regulate the sphere of property relationships and moral relationships connected with them (such as name, honor, dignity, authorship). Their subject is the ownership, use and disposal of property, its acquisition and disposition, purchase, sale, inheritance, etc. between different legal subjects - individuals and legal entities
    • Administrative law is combination of legal norms that regulate public relationships arising in the process of the State executive and administrative activities. They are the subject of legal regulation. Their feature is that one party is always represented by the public body or an official
    • Financial law is combination of legal norms that regulate public relationships connected with the state activity in the formation and implementation of the State budget, monetary circulation, banking, credit, loans, taxes. The subjects of these relationships, in addition to the State, acting all legal entities and individuals
    • Labour law is combination of legal norms that regulate relationships between an employer and an employee. They cover the following topics: labour organization, payment for it, the terms of beginning, modification and termination of labor relations, as well as the associated social security, pension service, working hours and rest periods relations and so on.
    • Land law is combination of legal norms that regulate public relationships connected with possession, use and disposal of land. It deals with issues of land use and land management, storage and distribution of the land fund, determining the legal regime of different land types according to their administrative purposes
    • Environmental law is combination of legal norms that regulate public relationships in the sphere of development, use and protection of the environment by society, the state, economic entities and the public for the purpose of natural resources storage, prevention of environmentally harmful effects of economic and other activities on the human habitat.
    • Criminal procedural law is combination of legal norms that regulate the activities of investigation, prosecution authorities and courts in the investigation of crimes and criminal cases in court. The feature of this branch of law is that it appears as a necessary condition for the implementation of the criminal law by establishing a clear regulation of the individuals’ rights and obligations in the process of investigation and trial.
    • Civil procedural law is combination of legal norms that regulate the procedure for civil proceedings. Norms of this branch of law establish the rights and obligations of the parties between whom there was a dispute about the rights of judicial and prosecutorial authorities relating to the trial of civil cases, determine the order of filing claims in court, jurisdiction and other matters arising in connection with the civil cases.
    • Criminal law is combination of legal norms that determine the list of socially dangerous acts (crimes) and penalties applicable to offenders. Norms of this branch establish eligibility of the State competent authorities to persons who have committed the crime, the basis and terms of bringing them to justice, types of penalties, the composition of specific acts, the form and degree of the guilt, etc.
    • A legal institution is a system of relatively isolated from others and interrelated legal norms that regulate a particular group (type) of similar public relationships. Legal institutions are a necessary element in the system of law. Typically, each branch of law has its legal institutions as a separate structural unit.
    • Legal institutions are a necessary element in the system of law. Typically, each branch of law has its legal institutions as a separate structural unit. For example, the branch of constitutional law include «Institute of civil society», «Institute of suffrage», etc. Within the branch of civil law there are institutes of «purchase and sale», «representation», «inheritance», «compensation for damages» and so on. Criminal law — institutes of «self-defense», «emergency», «detention of a person who has obviously committed a socially dangerous act», etc. Environmental law — Institute of natural resources and objects ownership, Institute of nature management, Institute of natural resources and environment legal protection, etc.
    • branch • consist of one branch norms, they are easy to identify by the head title of the Code. For example, the institutes of labour law are: • a collective agreement; • a contract of employment; • working time; • rest time; • valuation of labor; • payment for labour, etc. interbranch • includes norms of different branches that can only be determined by the content of legal norms: • Institute of responsibility for environmental offenses; • Institute of private ownership.
    • • Institute of mines; regulative • Institute of criminal responsibility; • Institute of law by the subordination in the legal regulation; protective • Institute of contracting; substantive • Institute of a criminal case. procedural