Along with the widespread division of law into branches in Russian jurisprudence, history also knows a different approach to the structure of law, which arose in ancient civilizations. Roman jurists distinguished between private law and public law: the first regulated relations between citizens and the state, and the second between private individuals on the basis of their mutual obligations. In modern Russian legal literature, the branches of public law include state, administrative, financial, criminal and procedural law, and private law includes civil, labor, and family law. Ideally, it is believed that private and public law should coincide, since law, while protecting the interests of the entire society, also takes into account the interests of individual people. However, the currently existing differences in public and private interests objectively determine a certain separation of public law from private law. Today, the main meaning of the division of law into private and public is rather to establish the limits of state intervention in the sphere of property and other interests of individuals.

As can be seen from the diagram, the norms of international law are also divided into private and public. However, in the concepts of “public international law” and “private international law” the adjective “international” has a different meaning. Public international law regulates relations between states and is interstate law. And private international law is considered international because it regulates civil, family, labor and civil procedural relations that contain a foreign element and extend beyond the borders of one state.

Classification of branches of law

In legal science, all branches of law are usually subdivided:

1) to core, basic industries. This type of industries includes industries covering the main legal regimes: constitutional law, civil law, administrative law, criminal law, civil procedural and criminal procedural law;

2) special branches, within which legal regimes are changed and adapted to special spheres of society: labor law, land law, financial law, social security law, family law;

3) complex industries, the distinctive feature of which is the combination of heterogeneous legal institutions from core and special industries: trade law, maritime law.

System of law and system of legislation

A system of law should also be distinguished from a system of legislation. The legislative system is understood as a set of sources of law (laws and regulations) in their interrelation. The system of law and the system of legislation, although closely related to each other, are still two different systems. As already mentioned above, the system of law characterizes the internal structure of law, its structure and elements, the system of legislation - the types and structure of legal information carriers, external forms of expression of law. The structure of the legal system is determined by the objectively existing relations in society; the structure of the legislative system is the result of the special activities of law-making bodies. The elements of the legal system are legal norms, legal institutions and branches of law, the elements of the legislative system are regulatory legal acts and their constituent elements (sections, chapters, articles, etc.), as well as branches of legislation. Some of the branches of legislation coincide with branches of law (for example, land, family, criminal), others include norms of several branches of law (for example, economic legislation, which combines norms of administrative, civil and some other branches of law).

A legal system is an internal structure of law, consisting of mutually agreed norms, institutions, sub-sectors and branches of law.

In other words, a legal system is an ordered set of all existing legal norms of a given state. The systematic nature of the array of all existing norms of law is manifested in their unity, mutual consistency, and consistency. The orderliness of the set of all existing legal norms is also manifested in their distribution across industries and institutions.

The main structural elements of the rights system: - branch of law; sub-branch of law; Institute of Law; sub-institute of law; rule of law.

Rules of law are the initial component, those “bricks” from which the entire “building” of the legal system is ultimately composed. A rule of law is always a structural element of a certain institution of law and a certain branch of law.

The institution of law is a separate part of the branch of law, a set of legal norms that regulate a certain aspect of qualitatively homogeneous social relations (for example, property rights, inheritance law - civil law institutions).

A branch of law is an independent part of the legal system, a set of legal norms that regulate a certain area of ​​qualitatively homogeneous social relations (for example, civil law regulates property relations).

Features of the legal system

:-its primary element is the rules of law, which are combined into larger entities - institutions, sub-sectors, industries;

Its elements are consistent, internally consistent, interconnected, which gives it integrity and unity;

It is determined by social-ecological, political, national, religious, cultural, historical factors;

It has an objective character, because it depends on objectively existing social relations and cannot be created at the purely subjective discretion of people.

The concept of “system of law” should not be identified with the concept of “legal system”. The latter is broader in scope and includes, in addition to the legal system, legal entities. practice and dominant legal ideology. Thus, the legal system and the legal system are related as a whole and a part.

Types of criteria for the distribution of legal norms across branches of law:

a) subject of legal regulation; b) method of legal regulation.

The subject of legal regulation is a type of qualitatively homogeneous social relations that are regulated by law.

The method of legal regulation is a set of methods, techniques, and means of influencing law on social relations. In other words, the method of legal regulation is a certain set of legal instruments through which the state in one way or another influences the volitional behavior of subjects of social communication (participants in social relations). The basis of the method of legal regulation is the so-called. methods of legal regulation.

Among the methods of legal regulation there are:

a) obligation; b) permission; c) prohibition.

When regulating social relations, a different ratio of methods used is possible. For example, in administrative law the use of obligations by the Legislator as a method of legal regulation is dominant, in criminal law - prohibitions.

Specific methods of legal regulation, i.e. those used in certain branches of law, usually include methods: imperative (the method of an authoritative order, usually expressed in the form of a norm-prohibition), dispositive (represents the possibility of choosing one or another behavior option within the framework of the law ), incentive (aimed at stimulating certain forms of lawful behavior), recommendatory (certain forms of behavior are recommended to subjects of law).

Legal norms can be divided into 2 large groups:

On private and public law.

To divide law into private and public, the nature of the legal relationship between the individual and the state is necessary. structures of society. If the person is an independent subject of law – such a right is private. If the subject acts as part of a social whole, such a right is public.

Private law includes those industries that are designed to ensure the interests of private individuals (civil, banking, insurance, patent).

Public law includes branches of state, administration, and criminal law.

Their difference is based on the fundamental difference between private and public interests and lies in the nature and methods of influence of law on regulated social relations.

If private law is the area of ​​freedom and private initiative, public law is the area of ​​power and subordination.

Private law consists of the branches of civil, business, and family law, while public law consists of the branches of constitutional, administrative, financial, criminal, etc.

The trace is highlighted. criteria, depending on which the rules of law are classified as a state of emergency or PP:

1) interest (if the state of emergency is intended to regulate private interests, then the private enterprise is public, state);

2) the subject of legal regulation (if the state of emergency is characterized by rules regulating property relations, then the PP are non-property relations;

3) the method of legal regulation (in the state of emergency the coordination method dominates, in the PP it is subordination);

4) property interest of the participants in the relationship

(in a state of emergency - they are characterized by property independence).

Currently, in the Russian legal system, such institutions of emergency as the right of inherited lifelong ownership, intellectual property, compensation for moral damage, etc. are increasingly being established.

Under legal system is understood an objectively existing internal structure of law, which is expressed in the unity and consistency of the rules of law in force in the state, divided into relatively independent parts.

The legal system has several levels. The primary cell (element) is

legal norm which has its own internal connections and structure.

The second level of the legal system is legal institutions . Public relations are usually protected and regulated not by one, but by several rules of law. This is the basis for combining such norms into a single legal institution.

The third, main level of the legal system branch of law . This is a relatively independent division of the legal system, including rules of law regulating a large group of homogeneous social relations.

The legal system of modern Russian society includes the following industry:

· state (constitutional),

· administrative,

· financial,

· civil,

· civil procedure,

· labor,

· family,

· ecological,

· criminal,

· criminal procedure,

· criminal-executive.

Private right based on the recognition of legal equality, property independence, free will, initiative and independence of persons in regulating property and other relations.

Public law regulates relations based on the powerful subordination of one party to the other, for example, tax and other financial relations.

In the systemic organization of law, legal norms are grouped into a larger array - Institute of Law, which is a union of legal norms regulating a relatively independent set of social relations of the same kind. For example, in the sphere of social relations related to labor, the institutions of an employment contract (conclusion and termination of an employment contract, etc.), labor discipline (bringing violators of labor discipline to responsibility, etc.) are distinguished.

Institute of Law - it is an ordered set of legal norms regulating a certain type (group) of social relations.

If the branch of law regulates the type of social relations, then the institution is only their type.

An institute is a much smaller body of legal norms compared to an industry. In each branch of law, many institutions can be distinguished. Thus, the branch of labor law includes the institutions of labor discipline, financial liability, labor protection, etc.

Institute of Law as the main element of the legal system characteristic:

▪ homogeneity of factual content. Each institution is designed to regulate an independent, relatively isolated group of relations (regulates typical relations);

▪ legal unity. The norms included in the institution of law form a single complex, are expressed in general provisions, legal principles, specific legal concepts, which creates a special legal regime of regulation inherent to this type of relationship (the norms that make up the institution act as a single coordinated complex that ensures the achievement of a common goals);

▪ completeness of regulated relations. The institution of law includes a set of norms (definitive, authorizing, prohibiting, etc.) that is designed to ensure the smoothness of the relations it regulates.

▪ normative isolation (norms are fixed in the form of chapters and sections).

The institution of law unites norms regulating family relations or elements of relations of varying scope and degree of generality. For example, along with the institutions of labor and civil law contracts, which regulate entire complexes of family relations, there are institutions of plaintiff and defendant, which determine only the legal status of the subject of legal relations, as well as institutions of representation, limitation of actions, etc. Therefore, the institution can combine various blocks of legal norms , imbued with a common goal and representing a sufficient set of means to achieve it.

As a rule, in order to provide a special legal impact, an institution reflects the uniqueness of relatively autonomous relations within one branch of law. At the same time, some relations are so closely interconnected and intertwined that they are regulated by the norms of various branches of law, forming interbranch institutions (the institution of property).

Private right based on recognition legal equality, property independence, free will, initiative and independence of individuals in regulating property and other relations.

Public law regulates relationships based on the powerful subordination of one party to the other, for example, tax and other financial relations.

For lawyers, it is a kind of axiom that the law in its content should not only correspond to the nature of the socio-economic system, be the embodiment of national and world culture and the way of life of the people, but also act as a universal regulator of people’s behavior and activities. In its form, it must be properly organized, internally arranged and coordinated so as not to refute itself due to internal contradictions. Law from this point of view must represent a specific legal regulatory system, or, what is the same, have the property of being systematic. To express this quality of law in legal science, the category “system of law” is used.

From a philosophical point of view, a system is an integral complex of interconnected elements, which, while acting as a system of a lower order, at the same time represent an element of a system of a higher order. So, clarifying the question of whether what is the legal system involves answering at least two questions: 1) what parts the law consists of and 2) how these parts are interconnected. Answers to these

questions contain an idea of ​​the internal structure (organization) of law.

The concept of “system” means that law is a kind of holistic formation, consisting of many elements that are in a certain connection with each other (subordination, coordination, functional dependence, etc.).

Since the content of law is its norms, then, consequently, the system of law is represented by norms of law structured in a certain way and interconnected with each other. The objective connection between individual norms (or groups of norms) gives them a certain structural unity. Thus, the norms are combined into a more general normative legal entity - institutions of law, and those, in turn, into sub-sectors and branches of law, which in their unity are the system of law.

Unity systems of law - a specific property of law, determined by the unity of goals and objectives of legal regulation, the unity of legal principles that determine the essence of law, and finally, the unity of the system of regulated relations.

Being an internally unified and integral normative formation (a system of normative regulation), law is at the same time divided into certain parts - industries and institutions, each of which plays an independent role in the mechanism of influence of law on the behavior and activities of individuals and their organizations.

Unity and isolation (differentiation) are necessary conditions for the systemic organization of law. Particular attention should be paid to the objective nature of the legal system, its conditionality by the specifics of regulated relations. This means that the legal system is an objective phenomenon that develops under the direct influence of prevailing relations, ideology, culture, and people’s way of life. The objective nature of the legal system is confirmed by the fact that, regardless of the type of modern state and the nature of the legal system, there are groups of homogeneous branches of law that are identical to all countries (constitutional, civil, criminal, administrative, family, etc.). Having a direct influence on the formation of the legal system, the legislator cannot be distracted from these objective factors. Otherwise, the legal system may develop against the will of the legislator.

So, a legal system is an objectively existing internal structure of law, its division into branches, sub-sectors and institutions.

Elements of the legal system. 1. Institute of Law – it is an element of the legal system, represented by a set of legal norms regulating a homogeneous group of social relations. A legal institution is a separate block of a branch of law, which is characterized by: a) homogeneity of factual content - each institution is intended to regulate an independent, relatively isolated group of relations or individual actions, actions of people; b) legal unity of legal norms. The norms included in the legal institution form a single complex, expressed in general provisions, legal principles, specific legal concepts, which creates a special legal regime of regulation inherent to this type of relationship; c) normative isolation, i.e. isolation of the norms that form a legal institution in chapters, sections, parts, and other structural parts of the law or other legal act; d) completeness of regulated relations. The institution of law includes a set of norms (definitive, authorizing, prohibiting, etc.) that is designed to ensure the smoothness of the relations it regulates.

Due to these properties, every legal institution fulfills its own inherent regulatory task and does not conflict with other structural elements of the legal system.

A complex, or complex, institution of law is a set of rules that are part of various branches of law, but regulate interrelated family relationships. A typical example is the institution of property, which is the subject of regulation by constitutional, civil, family, administrative and some other branches of law. Within a complex institution, so-called sub-institutions are distinguished.

In addition to those mentioned, it is customary to distinguish between material and procedural institutions, protective and regulatory, etc.

Industry law is the main division of the legal system, its main element, which unites interconnected legal institutions that regulate a qualitatively homogeneous area of ​​social relations. A branch of law is a set of legal norms distributed among legal institutions that regulate a special, qualitatively unique area of ​​relations (property, labor, family, etc.). If a separate normative prescription represents the primary cell of law, and legal institutions are groups of such regulations (blocks), then branches of law represent relatively closed subsystems of legal regulation. Their main purpose is to provide a specific regime of legal regulation in relation to a specific area of ​​relations.

The branch of law has a specific structure (structure). It distinguishes general and special parts. The general part includes institutions that contain provisions that “serve” all or almost all of the institutions of the special part. The institutions of the general part contain those rules of law, the effect of which, as a rule, extends to all relations regulated by a given industry. The institutions of the general part of the industry are concretized in the institutions of its special part. This construction of the legal system makes it possible to eliminate duplication of legal and regulatory material, eliminate the cumbersomeness of legal structures and facilitate the perception and study of the branch of law.

In relation to each branch of law, its main institution is identified, which consolidates the general principles of law, the content and scope of legal regulation of relations that are the object of this branch. Thus, in the constitutional law of the Russian Federation, such a main institution is the Institute of “Fundamentals of the Constitutional System”. The norms contained in this institution have the greatest legal force, and they should not be contradicted by other provisions, including the Basic Law (Article 16, paragraph 2 of the Constitution of the Russian Federation).

Each industry has a specific set of legal means by which regulated relations are influenced. Thus, each industry is distinguished from others by the specificity of legal means of regulation (or method of legal regulation).

The industries are heterogeneous in their composition. Some of them are

These are large regulatory entities, while others represent a relatively compact set of legal norms (for example, procedural branches). Large and complex industries, along with legal institutions, include another component - sub-branch of law. Thus, within constitutional law there are such sub-branches as municipal and parliamentary law. In civil law, the sub-sectors are copyright, obligations, inheritance law, etc. In financial law, sub-sectors such as budgetary and tax law are distinguished. Certain branches of law, in particular procedural, land, family, are not divided into sub-sectors. Therefore, unlike a legal institution, a sub-branch of law is not a mandatory component of each branch of law.

Consequently, a system of law can be represented as a set of legal norms, united into institutions, sub-sectors and branches of law.

Systematic construction of law means; that all legal norms are in a certain dependence and connection with each other. The presence of these stable connections indicates that some norms can exist and operate, have a regulatory impact only in the presence of other norms with which such a connection is assumed. Thus, granting citizens the right to information (Article 29 of the Constitution of the Russian Federation) presupposes at the same time the obligation of officials and relevant government bodies to provide citizens with such information in the prescribed manner. In addition, legal liability must be established for actions contrary to the nature of this right (failure to provide information, creating obstacles to its receipt or dissemination, etc.). The presence of all these components, located in a certain way and interconnected with each other, creates an effective legal structure: the enshrinement in the Constitution of the Russian Federation of the right to information, in federal legislation - the duties corresponding to it and the sanctions that ensure their implementation - means the legal guarantee and feasibility of the constitutional right of citizens.

The connection of norms, institutions and branches of law into a single regulatory and legal complex gives a coordinated (systemic) effect. Law, thus, influences regulated relations with the entire set of legal means, thereby achieving the necessary legal result, achieving the goals and objectives of legal regulation. The more consistent the elements of a legal system are with each other, the more tangible the social impact of law is.

When adopting a legislative act, the legislative body is obliged to “fit” it into the current system of law without violating its integrity and harmony. A law not accepted by the legal system not only remains inactive, but often becomes active in the “boomerang effect” mode.

The systemic construction of law signals the legislator about those acts that are in conflict with its systemic organization, gives an idea of ​​the missing components, and makes it possible to detect gaps in the legislation.

In law enforcement activities, the systemic principle of law allows for the correct interpretation and application of the rule of law.

The cybernetic properties of the legal system make it possible to use its capabilities for information purposes to create an effective data bank on positive law.

There is no doubt the importance of the systematic organization of law for systematizing legislation, bringing it into an orderly and coordinated system.

12.2. Traditional approach to building a legal system (subject and method of legal regulation as the basis for building a legal system)

Recognition of law as a systemic education presupposes the substantiation of the principles (criteria) for constructing this system, as well as the criteria for dividing the system into its constituent branches.

Having rejected the division of law into private and public on the grounds that socialism does not know the contradictions between the individual and society, Soviet jurisprudence tried to find its “own” fundamental criteria for dividing its system into branches, characteristic of Soviet law. A number of discussions have been devoted to solving this problem.

During the first such discussion, which took place in 1938–1940, it was concluded that the basis for dividing the right into

industry is a material criterion - features of relations regulated by law or the subject of legal regulation. On this basis, the current legal system was divided into ten branches: state, administrative, labor, land, collective farm, budgetary and financial, family, civil, criminal and judicial law. Somewhat later, all these industries were structured according to the functions they performed. In the system of law, the following were separated: 1) state law, as the main link of the system; 2) material branches (criminal, civil, administrative, collective farm, etc.) and 3) procedural branches (previously combined into one branch - judicial law).

Subsequent discussion of this problem confirmed the validity of the material basis for dividing law into branches. At the same time, the idea gradually matured that it was insufficient to use the subject of legal regulation as a criterion, since in this case the number of branches of law multiplied; Water, air, mountain, forest law, etc. should have been recognized as such. Adhering to the previous position meant recognizing the existence of branches of law with different subjects and identical methods of legal regulation. The discussion led to the conclusion that it is necessary, along with the subject of legal regulation as the main criterion, to highlight an additional one - the method of legal regulation.

The next discussion on the problem of the system of Soviet law, held by the magazine “Soviet State and Law” in 1981, confirmed the conclusion about the subject and method of legal regulation as criteria for dividing law into branches.

Under subject of legal regulation in legal theory it is understood that What subject to regulation, i.e. those relations (actions, activities that form these relations) that are subject to legal influence. Such relationships do not include all, but only those relationships that meet the following criteria:

a) are stable and characterized by repeatability of events and human actions;

b) due to their properties, they allow the possibility of state-legal (external) control over them;

c) there is an objective need to resolve them. Unlike the subject of legal regulation method

first regulation answers the question of how to regulate, and represents a set of legal techniques and means of influencing public relations. Features of the method of legal regulation are characterized by:

a) the grounds for the emergence of the rights and obligations of the parties to the regulated relationship (these may be an administrative legal act, agreement, claim, etc.):

b) ways of interrelating the rights and obligations of participants in legal relations;

c) the nature of legal means of ensuring rights and obligations in legal relations (features of sanctions, legal procedures, etc.).

On this basis, it is customary to distinguish two main methods of legal regulation: 1) positive, characterized by the autonomy and equality of the parties to regulated relations and 2) imperative, or the method of power and subordination, based on the subordination of some participants in the relationship to others. The dispositive method is recognized as dominant in civil law, the imperative method in administrative law, although in reality they have a wider manifestation.

12.3. Public and private law

The division of law into public (jus publicum) and private (jus privatum) was recognized already in Ancient Rome. Public law, according to the Roman jurist Ulpian, is that which relates to the position of the Roman state; private – which refers to the benefit of individuals. Subsequently, the criteria for classifying law as private or public were clarified and received more detailed characteristics, but the recognition of the scientific and practical value of dividing law into public and private remained unchanged.

A different situation was typical for the Russian legal system, which for a long time did not know the division of law into private and public. The reasons for this were not the peculiarities of the legal system, but mainly the absence of the institution of private property.

Soviet official legal doctrine had a negative attitude towards the idea of ​​dividing law into private and public, considering it artificial and designed to disguise the essence of the bourgeois system. The position expressed in the 20s during the development of the Civil Code of the RSFSR by V.I. Lenin that

that “we do not recognize anything “private”, for us everything in the field of economics is public law, not private”, for a long time served as a methodological guideline for legal theory and practice.

The emerging institutions of a market economy and the recognition of private property are moving the problem of dividing rights into public and private from the realm of theoretical reasoning to the practical plane.

It has been rightly noted that the question of dividing law into private and public and their relationship affects all aspects of human existence: the relationship between freedom and unfreedom, initiative, autonomy of will and the limits of state intervention in civil life. The main meaning of dividing law into private and public in this regard is that in this way the constitutional formula “man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state” (Article 2 of the Constitution of the Russian Federation) receives substantive legal embodiment in the entire national legal system. The division of law into private and public means legal recognition of areas of public life in which intervention by the state and its bodies is legally prohibited or limited by law. This excludes (legally) the possibility of arbitrary intrusion of the state into the sphere of personal freedom, legally legitimizes the extent and boundaries of the “direct order” of the state and its structures, and legally expands the boundaries of freedom of property and private initiative.

No less significant is the fact that the distinction between public and private law principles in the post-socialist transition period is necessary for the process of denationalization of property, the psychological liberation of public consciousness from the belief in the omnipotence of state paternalism.

The introduction of this principle into social practice will eliminate the statist approach to law and put a barrier to the unrestrained rule-making of the state, the desire of the ruling elite, identifying itself with the state, to thus impose its will on the entire society.

The integration of Russia into the community of European states - the Council of Europe - presupposes the internationalization of the Russian legal system, the convergence of national legislation with European law.

It is clear that making the right to private and public, recognized by the legal systems of all European countries, will help solve this problem.

Which branches of law belong to private law and which to public law?

The essence of private law is expressed in its principles - independence and autonomy of the individual, recognition of the protection of private property, freedom of contract. Private law is the law that protects the interests of a person in his relationships with other persons. It regulates areas in which direct government regulatory intervention is limited. In the scope of private law, an individual independently decides whether to use his rights or refrain from permitted actions, enter into an agreement with other persons, or act in another way.

The scope of public law is a different matter. In public legal relations of the state, the parties act as legally unequal. One of these parties is always the state or its body (official) vested with authority. In the sphere of public law, relations are regulated exclusively from a single center, which is state power.

Private law is an area of ​​freedom, not necessity, decentralization, not centralized regulation. Public law is the sphere of dominance of imperative principles, necessity, and not of autonomy of will and private initiative.

The system of public and private law is determined by the nature of public and private law, the characteristics of the national legal system. Taking this into account, the public legal and private legal systems can be presented as follows.

Public law: constitutional law, administrative law, financial law, criminal law, environmental law, criminal procedure and civil procedure law; public international law.

Private law: civil law, family law, labor law, land law, private international law.

Of course, there is no absolute public or private law sector. Public law elements are present in areas of private law, as well as vice versa. For example, in family law, public law elements include the judicial procedure for divorce, deprivation of parental rights, and collection of alimony. In land law, the public law element has a significant manifestation - the determination of the procedure for land management, provision (allocation) of land, seizure of land, etc. In relation to each specific branch of law, a combination of these legal techniques takes place.

The boundaries between private and public law are historically fluid and changeable. Thus, the change in the forms of land ownership in the Russian Federation fundamentally influenced the nature of land law, which came under the “jurisdiction” of private law (although retaining public law elements). The same reasons determine changes within the branches of private and public law. In this case, we can talk about two trends: intra-industry consolidation and differentiation. Thus, it can be assumed that such branches of law as criminal procedure and civil procedure and branches of legislation - administrative procedural and arbitration procedural - are consolidated into a single branch of public law - procedural law. It has been suggested that family law will be “absorbed” by civil law.

As for intra-sectoral differentiation, the prerequisites have already been created for separating municipal law from constitutional law. Based on the experience of foreign countries, it can be assumed that there will be a spin-off of tax law from financial law (in the USA, for example, this is the largest industry).

The legal system is under significant influence of the subjective factor - the rule-making activity of the state. Accordingly, this factor will also have a significant impact on the relationship between private and public law. Obviously, it can be assumed that if the idea of ​​a strong state prevails, then this will simultaneously mean the strengthening of public legal principles in public life.

neither. If the principle of the state being bound by law turns out to be a real fact, then private law principles will expand their spheres of influence.

12.4. System of law and system of legislation

In legal theory and practice, the terms “branch of law” and “branch of legislation” are used as non-identical terms.

Philosophically, the system of law and the system of legislation are related to each other as content and form. The legislative system is an expression of the legal system, its objectified form.

The legal system and the legislative system are mutually dependent, although the degree of such dependence varies. The system of law, being formed under the influence of the activity of the legislator, at the same time has an objective and somewhat autonomous character from the will of the legislator. The legislative system is the brainchild of the legislator, although, of course, it also has social conditioning.

The system of law and the system of legislation do not coincide in the range of sources in which they are expressed: the system of legislation is embodied in legislation and other normative legal acts; the system of law is embodied not only in positive law, but is also reflected in customary law, unwritten principles of law and axioms, international legal acts of a recommendatory nature, normative agreements, judicial precedents, and even in legal consciousness.

In contrast to the legislative system, the legal system is characterized by a high degree of homogeneity. This is due to the fact that each branch within the legal system has its own subject and method of legal regulation. Branches of legislation do not have such unifying principles. Analysis of legislation (primarily Articles 71, 72 of the Constitution of the Russian Federation) allows us to distinguish three groups of branches of legislation:

1) branches of law of the same name (criminal, civil, land, etc.);

2) complex branches of legislation - branches consisting of norms of various branches of law: administrative, civil, criminal. Complex sectors include business law, agrarian or agricultural law and some others;

3) branches of legislation “tied” to the relevant areas of government and areas of government activity (legislation on water, air, railway transport, education, etc.).

Hence, the number of branches of legislation significantly exceeds the number of branches of law. The general legal classifier of branches of Russian legislation, approved by the Decree of the President of the Russian Federation, covers 48 such industries.

Social relations can be varied in content - property, financial, land, labor, etc. Each type of relationship is regulated by certain groups of legal norms. Thus, the systematic nature of social relations determines the systematic nature of law. Law as a system is an organic whole legal phenomenon, and not a random set of legal norms:

· The legal system is characterized by objectivity; it reflects the objectively existing system of social relations. If the law in its norms does not adequately reflect these relations, it will hinder the development of society. (On the other hand, law regulates these relations).

· A system of law is the unity and interconnection of all its elements, which are not identical in scope and content: rules of law, legal institutions, sub-sectors and branches of law.

· Thus, the system of law is its internal structure, which is expressed in the unity and consistency of the legal norms in force in the state and, at the same time, in the division of law into relatively independent parts.

Elements of the legal system:

1. Rule of law(regulates typical social relations) forms primary element of the legal system. From various combinations of legal norms, other elements of the system, institutions, sub-sectors, and industries are formed that regulate more complex groups of social relations.

2. Law Institute combines rules of law that regulate some part of a certain type of relationship. These rules operate as part of the branch of law. For example, the institution of “citizenship” and the institution of “suffrage” are part of the branch of constitutional law.

3. Sub-branch of law formed from related institutions of the same branch of law. Sub-industry norms regulate groups of close relationships of a certain type. For example, the “law of obligations” as part of civil law combines legal institutions - “supplies”, “exchanges”, “contracts”, etc.

4. Branch of law- this is a relatively independent division of the legal system, consisting of legal norms regulating a specific type of social relations. Thus, the rules of law governing land relations form a branch of land law. The branch of law is divided into sub-branches of law and consists of legal institutions. For example, the branch of financial law consists of the institution of money, securities, etc.

Thus, the legal system consists of branches, including sub-branches of law and legal institutions. The legal system of modern society consists of the following main branches of law:

1. Constitutional law (state law) is a branch of law that establishes the foundations of the country’s social and governmental structure, the foundations of the legal status of citizens, the system of government bodies and their basic powers.

2. Administrative law regulates social relations that develop in the process of implementing executive and administrative activities of state bodies.

3. Financial law - is a set of rules of law governing social relations in the field of financial activity.

4. Land law regulates social relations in the field of use and protection of land, its subsoil, waters, and forests.

5. Civil law is the most voluminous branch of law that regulates a variety of property and related non-property personal relations (for example, honor and dignity).

6. Labor law regulates social relations in the process of labor activity.

7. Family law regulates marriage and family relations

8. Civilly-procedural law regulates social relations arising in the process of consideration of civil, labor and family disputes by courts.

9. Criminal law is a set of rules that establish what socially dangerous behavior is criminal and what punishment is applied.

10.Criminal-procedural law unites the rules of law that determine the procedure for criminal proceedings. Regulates the activities of the bodies of inquiry, the prosecutor's office and the court and their relationships with citizens during investigations, during trials, etc.

11.Correctively-labor the law regulates the relations that develop during the execution of criminal penalties and related to correctional labor.

The legal system, like social life, is in constant development, with the emergence of new social relations, new legal norms, legal institutions and industries arise - copyright law, customs law, etc.

Historically, the entire system of law is conditionally divided into private and public law. This reflects the fact that in society there are interests of the individual (private interests) and the entire society (public interests). Ideally, these private and public interests should coincide, but in reality they often diverge. This boundary between public and private interests determines the existence of private and public law. The right of a private individual (for example, the right of private ownership of land) refers to private law. And also the right of the same person (but as a representative of a state organization) already refers to public law. Those rights where an individual is an independent, independent subject of law are private law. If the subject acts as part of a social whole, this is public law. For example, having the right of private ownership of land, the use of this land within certain limits lies in the sphere regulated by private law (what to plant, how to share it with family members); but if the land is sold, public law comes into play. Traditionally, private law includes those branches that are designed to ensure the interests of a private person (civil, banking, insurance, patent law, etc.) Public law includes branches of constitutional, administrative and criminal law.