Legal system- this is the internal structure of law (building, organization), which is formed in an objective manner as a reflection of the really existing and sustainable developments that are developing.

Includes five main components: norms of law, institutions of law, galusies of law, subinstitutions and subgalusies.

Galuz is right It is the largest element of the legal system. It creates a set of legal norms that regulate a clearly homogeneous group of legal entities according to the uniqueness of the subject and the method of legal regulation.

Legal Institute There is a consolidated group of legal norms that strictly regulate the same legal norms.

A dozen close to the nature of the regulation of legal institutions are created podgaluz is right. For example, the warehouse of civil law includes copyright, property, and patent law, while the warehouse of financial law includes a sub-section of tax law.

Subject of legal regulation It is customary to take into account legal obligations regulated by a set of legal norms. The cutaneous tissue reflects its subject of regulation by the specificity of the regulated suture drains. No matrimonial cards may be subject to legal regulation.

Legal regulation method- when considering the subject of the method of infusing the right to suspense bonds.

The methods of legal regulation are characterized by three conditions: a) the procedure for establishing subjective rights and obligations of the subjects of the marital bonds; b) by the means of their security (sanctions); c) the level of independence (judgment) of the subjects.

Based on these criteria, legal science sees two main methods of legal regulation: imperative and dispositive.

Imperative method(also called authoritarian, possessive) based on orderliness, subordination of the participants in the marriage. This method strictly regulates the behavior(s) of subjects, which, for example, places the citizen and the administrative body in an unequal position. This method applies to criminal, administrative, and tax law.

Dispositive method (autonomous), By establishing the rightful and binding conditions of the subjects, it is possible to choose a behavior option and further regulate their mutual relations. This method is inherent in civil, family, and labor law.

Privacy rights - This has put into order the totality of legal norms that protect and regulate private individuals.

Public law establish norms that consolidate the order of activity of bodies sovereign power that management.

33. Galuz is right: you understand. Submit to the subdivision of the system the right to galusi.

Galuz is right- An element of the legal system, which is a set of legal norms that regulate a clearly homogeneous group of spouses. Galuz is characterized by the uniqueness of the subject and the method of legal regulation.

Constitutional law;
- civil law;
- administrative law;
- criminal law;
- labor law;
- family law;
- land law;
- agricultural law;
- financial law;
- criminal law;
- Civil procedural law;
- criminal procedural law.

The basis of the right to freedom is the subject and method of legal regulation. Pid subject of legal regulation It is understood that there is a totality of suspense bonds that will require a legal infusion. The skin galus of law regulates its own special area (sphere) of sutures of a single-order nature (uniform), the uniformity of which allows one to cut one galus of law from another. Another criterion for dividing one line of law from another is the method of legal regulation. Since the subject acts as a material criterion for the boundaries of law, the method (formal-legal criterion) helps to understand how (in what way) legal regulation occurs.

In the area of ​​legal regulation, we understand the subject of regulation and the methods of legal infusion of the rights to marriage bonds.

The method of legal regulation is implemented in the peninsula with the help of such methods of legal regulation as permission, fence and goiter:

– allowed- Granting a person the right to carry out these and other actions not protected by law;

– goiter'yazannya- Reliance on the subject of singing behavior, performance of these and other actions;

– fence- The obligation imposed on the subject shall be subject to singing behavior, such as the performance of these and other actions.

Ministry of Education and Science of the Russian Federation
federal agency for information
State lighting installation Greater professional education
"Skhidno-Siberian State Technological University"

Institute of Economics and Law
Faculty of Law

Department of State Legal Disciplines

Assumptions to zakhistu:
Kerivnyk robots
____________/Ph.D. S.V.Lozovska

COURSE WORK

on the topic: LAW YAK SYSTEM. PUBLIC AND PRIVATE LAW

Vikonavets: full-time student of Navchannya group 571-4
TAISHIKHIN OLEG SERGIOVICH /___________/

Kerivnik roboti /__________/____________/Ph.D. S.V.Lozovska

Ulan-Ude 2012

INTRODUCTION…………………………………………………………………………………………..3
CHAPTER 1. Zagalny characteristic public and private law…………......6
1.1. History and reasons for the subject of law in public and private……….….6
1.2. Submit the law in public and private…………………….…8
CHAPTER 2. Nutrition of public and private law.........11
2.1. Specific features public and private law………….…11
2.2. Zagalni rice public and private law…………………………..….13
ROZDIL 3. Private public law in the system Russian Federation….16
3.1. Laws and legal blocks in the Russian legal system: basics of classification and interconnection…………………………………………………………….16
3.2.International civil and private law in the legal system of Russia……………………………………………………………………………………………….19
VISNOVOK……………………………………………………………….27
LIST OF VIKORISTAN LITERATURE……………………………......29

ENTRY

In literature, public and private rights are recognized as real categories and manifestations of Russian legal activity, it is necessary to understand what they are, to reveal various aspects of their relationship, including Our connections, consider their influence on the development of the legal system.
In addition to public and private law, Ulpian's teachings are being emphasized, as a result of the further development of the rich teachings of the past and present. Ulpian noted that the law characterizes the establishment of the Roman state with the goal, and the private right to belong to the history of other people (D.1.1.1.2). From that time on, it is important that it firstly represents and protects the major interests of the state, and the other is aimed at satisfying the needs and protecting the interests of a particular person.
I would like to point out that interest is the primary and ultimate criterion for the validity of the legal system and for the characteristics of civil and private law. However, as a legal (external) criterion for guilt, it manifests itself differently here. To achieve the relevant significance of the interest of a thoroughly analyzed problem, it is necessary to remember this.
First of all, the interest is always in connections with people, their association, social groups, faiths, and all partnerships. For positive law, there is no legal category; the interest may be based on biological, psychological, economic, political and other needs. A legal interest is considered when the necessary legal forms and costs are required for its purpose and implementation. These are the subjects and rules of law, subjective rights, obligations, legal guarantees, methods and forms of their implementation, etc.
In other words, the category of interest is even more dynamic in time, space and subjective manifestation. It is clear that from the hours of Ancient Rome, public and private interests at the same time from the civil and legal systems became aware of major changes. Require immediate interpretation of the terms themselves. It is necessary to remember those who have divided civil and private law into all cultures and legal systems. The traditional example of this type is the Romano-German legal family.
Historical evidence of sovereign and legal everyday life shows that trends in the convergence of public and private ambushes are emerging and that the most positive results suspinal development are achieved with an optimal combination of private and public interests in law. Based on this, the legal equality of subjects of law within a single legal system is important, the certain stability of marriage bonds is established, the possibility of renewal of violations of rights, social security becomes real ї justice.
Thirdly, the realization of any interest can be achieved in two straight directions.
One of them is not legal, within which the interests of the subject are expressed in moral and enormous importance, obligations and goals that do not fall within the scope of legal regulation.
Legal directivity is split into legitimacy and illegitimate, interests here arise through rights and obligations, but in the first instance, the implementation of the interests of a specific subject of law does not undermine the interests and rights of other subjects. The interests of the participants in these legal matters are preserved, while in another type the interests of others Subjects are infringed by the counterparty’s violation of their rights and violation of their obligations. The first phase characterizes the action of private legal norms, which ensure the harmonious development of all interests of people; in the other phase, public legal norms are included to ensure the protection of legitimate private interests of the individual. yes.
Thus, interest needs to be considered as a principled, rather than absolute, criterion, the basis of which provides evidence for the question of what interests (individuals and powers) and how the law represents and protects.
The purpose of this work is to identify the results of legal research through the in-depth processing of legal acts and copyright research, identifying the peculiarities of public and private law.
The object of investigation of this work is the investigation of public legal and private legal problems in the legal system.
How research methods were defined: historical, formal-logical and systematic methods scientific knowledge. Behind its structure, the robot consists of an entry, two sections, divided into paragraphs, a summary and a list of references.
Zavdannya:
- read the history and reasons behind the law in private and public;
- clarify the concept of public and private law;
- see the subject of rights in public and private;
- Look at the hidden and specific signs of public and private law.

CHAPTER 1. COGNAL CHARACTERISTICS OF PUBLIC AND PRIVATE LAW
1.1. History and reasons for the subject of law in public and private

The division of the rights to private and public takes its roots from Roman law and connections with the names of the long-standing Roman lawyer Ulpian. Public law takes into account everything that is necessary for the development of a power, and private law - those that are in the interests of other individuals. As a symbol of private law, Ulpian looked at Roman civil law. In short, there is such a conclusion: “Public right is those that relate to the state of the Roman state, private right is those that relate to the interests of other individuals, because the truth is public and the truth is private.”
It should be noted that the development of rights in private and public was recognized by many representatives of scientific thought, including the French philosopher S. L. Montesquieu, the English philosopher T. Hobbes, the German thinker G. Hegel and others. . ideas from the research of Russian pre-revolutionary legal scholars - N.M. Korkunova, P.I. Novgorodtseva, L.I. Petrazhitsky, G.F. Shershenevich ta in.
The concept of the subject of law in private and public has been tested over time and has greatly contributed to the legal doctrine and lawmaking practice of rich powers. Yak rightly designates S.V. Polenina, “the idea of ​​the subject of law on public and private matters, whose interests each and every one of them is affected, has passed a century and has largely contributed to the legal doctrine and practice of legislation of the rich powers.”
The formation of private and civil law occurs simultaneously with the development of the partnership and power. The remnants of the life of the first marriage were revealed by collective ambushes - the community, the family, the interests of the individual were entirely focused on the marriage, there is no basis for talking about the foundation of the period of private law, guarantees and protects the rightful and the interests of private individuals. The division of rights in public and private is determined by the fundamental supremacy between the commonwealth and the power. Suspicion, under the authority of the state, began forever. This huge succession stems from the strengthening of the power of social structures and the restraint of low-level rulers. At the same time, it is necessary to know that private law existed before the establishment of the commonwealth, while its relationship with public law began after the formation of the matrimony, independent of the state. “The development of private law is closely linked to the freedom of the marital element, which provides scope for common life and allows the legal creativity of the marital community to manifest itself to the fullest extent.”
S.S. Alekseev points out that Roman law “revenges not only the collection of legal constructions, but also those that even (legal constructions) carried with them the beginnings of private law: the legal jealousy of subjects, Their legal autonomy, freedom of contract, dispositivity.” An analysis of ancient Russian law, law, and Russian truth also testifies to the existence of norms of private law, including articles about the right of power and the protection of the rights of rulers from violators.
Among the socio-economic reasons for the right in public and private can be seen:
First of all, the new hour brought about socio-economic and political-cultural changes that led to radical destruction in all households, as well as to changes in the place of local people and different social them groups in these structures. Therefore, the idea of ​​​​the innate and non-alienable rights of every person to life, freedom, and private power has influenced all the steps between the people and the state. In exchange for the legal jealousy of free people. All people come first in history, regardless of them social walk and employment, were recognized as equal participants in life, endowed by law with legal rights and freedoms.
In other words, the main institution of the economic system is the market, and its main principles are individualism, free competition and free entrepreneurship. These changes marked the awakening of a special initiative, the expansion of the capabilities of the individual, the appreciation of his independence and independence. Community matrimony is a matrimony of equal people who easily reveal their uniqueness, create an initiative, a matriarchy equal possibilities, eliminated from unnecessary barriers and comprehensive regulation.
Thirdly, from the end of the 19th century, the place in industry and trade moved from other entrepreneurs to great commercial and financial corporations. In addition, the working class, which has become a part of the professional community, has begun to represent a significant force in which entrepreneurs will be involved. The state can no longer act merely as a “night watchman”; its activities are increasingly occupied by the organization of social security, nutrition and health care, and other social functions.
1.2. Give the subdivision rights in public and in private.
He divided the rights to privacy and the vastness of taking his cob from ancient Rome. The law of the XII table is respected by all suspense and private rights. The classic distinction between public and private law is said by the famous Roman lawyer Ulpian: “Public law is for those that relate to the status of the Roman state, private law is for the benefit of other individuals.”
The distinction between private and public law can be determined according to different criteria.
The material criterion is based on the replacement of the adjustable bearings. “The only theoretically correct sphere of civil law is the sphere of mine bills.”
The formal criterion is to comply with the procedural particularities of the ship's protection. Public law is protected within the boundaries of criminal and administrative justice, and privately – within the boundaries of civil law.
According to the methods and methods of legal regulation (regulatory method), the method of power and order (imperative method) of civil law is divided, and the method of equality of participants (positive method) of power to private law u. In public legal relations, one of the participants has the right to be equal in relation to the other, and in private legal relations, all participants are legally equal to each other.
Z revazhannya sung form of norms. Civil law is characterized by a lack of respect for imperative norms, which are impossible for participants in legal matters to enter into. Private law is characterized by a lack of respect for dispositive norms, which will only stagnate if the participants in the law have adopted a different behavior.

Behind the warehouse of participants in legal matters. In public legal affairs, one of the participants has public coverage (Russian Federation, its subjects, municipal lighting), the names of which are the auxiliary organs. In private legal transactions, the participants, as a rule, are physical persons legal entities. Citizens can be participants in private legal affairs, or even in ambushes of jealousy with other subjects.
Based on the criteria specified, it is not absolute. There is no clear demarcation between private and public law, and throughout history, “the border between public and private law has repeatedly passed in that same place.”
Civil lawє the basic principle of private law, based on the principles of private law, which were formed during the hours of Roman private law. Among them:
-Jealousy of participants in legal matters;
-Inadequacy of the right to power;
-freedom of contract;
-Autonomy of the will of participants;
- It is inadmissible to give a certificate to a private person.
In order for legal documents to be public and not private, it is necessary, first of all, that one subject should be re-empowered in relation to the other, and the other should submit to the first. This means that a huge legal entity is a legal entity of legally unequal subjects: one is legally independent from the other (no more than that legal entity!) and is related to the authoritative ones; The other, however, is guilty of “recognizing” the authority of the first, then. cringe at you and the rest and make it easier. It is clear that the placing of each of us before the external authority (before the sovereign power, church power), which establishes legal norms, guards their laws and stagnates them - and will always be subject to public law. It is clear that the privacy of legal information is greater than that of legally equal subjects: they are not considered any other legal authority; however, in this case, the offense is, however, subordinated to the third, according to their legal principles, it is worth the legal authority to which they are obliged to submit and to which they can be subjected to a heated dispute about the renewal of those obligations.

ROZDIL 2. NUTRITION OF PUBLIC AND PRIVATE LAW
2.1. Specific features of public and private law

Private law includes the basic principles of law and order, which are based on the market organization of the state. The foundations of private law, for example, the lack of clarity of power and freedom of contract, have never been in force pure look, emphasizing the need for these and other restrictions. The types of legal systems differ due to the differences between them and the nature of their relations. Tim is no less, however, in the most brutal relations, privacy law never knew at all, since in any known civilization it was not possible to completely acquire the exchange of goods and commodity dominion.
The value of private law lies in the fact that it regulates, there are various views on both the significant or the vicarious principle, which are controversial because they are based on the legal equality of participants and individuals The news is their will and their main strength. The main notes may not be hidden on the designated signs, for example, notes to formulate the state budget by reducing taxes or paying a fine for an offense. Also, in conflicts between participants there is no equality, but a sense of order, which includes the autonomy of the will (i.e., judgment) of the parties themselves. Such bills, based on a well-ordered one side before the other, for example, filing and other financial bills, form the basis for the regulation of financial (public) and administrative law. Since, for example, the seller under the purchase and sale agreement expects the buyer to pay for the goods, then he can rely on the fact that the buyer, at the time of the conclusion of the contract, himself agreed on this. If one of the parties breaks the spirit of the established agreement, then the dispute may be resolved, either for their mutual benefit, or for the decisions of a third person (party) - the court - not tied to the result of the dispute. And if the pennies turn out to be a personal contribution, then it is not necessary to carry out such a tax every year, and the party itself should carry out such a tax without going to court to bring a dispute. Autonomy of will of participants in private legal notes, then their best decision is to enter into Maynovi vydnosini, from which side (counterparty) and from which minds, means that such decisions are taken by the participants on a power initiative, power fear and risk and under power main responsibility. They also indicate themselves that they have rights vested in them, including the right to present any claims in court. Zhreshtoya, participants in private law transactions are very independent. They are the rulers of their lane and in this yakity they cause a loss of income and bear the risk of possible overruns. With their main, they demonstrate their obligations to other participants in the turnover. All this is not just formal, but in essence encourages them to be not only efficient rulers, but also general entrepreneurs.
The sphere of civil (private) law is established by the actions of non-mainstream activities, the participants of which also have autonomy of will and independence in their legal significance. From the position about the beginning of private law, civil law is considered to be the main basis of law that regulates private (main and non-main) mutual notes communities, as well as the legal entities they created, which were organized through the initiative of their participants and pursue the goals of satisfying their powerful (private) interests.
The problem, in this way, lies with the highest authorities, which exclude the transfer of power from the main turnover, and the limited transfer of money, which is established by the law of its clear framework and forms.

2.2. Zagalni risi suspіlnogo and private law.

The rule of law is based on the fundamental authority of private law and public law regulation. Private law from the eras of Ancient Rome reflects the private legal sphere with its characteristic foundations of legal fairness and independence of participants, incompleteness of their private power, freedom of contract, independent ship protection of violations rights and interests.
The development of human culture from that time led to the immeasurable complexity of social processes, the emergence of fundamentally new emerging phenomena, inspired by the legacy of the technical and social revolution, and then the scientific and information revolution. tsіy. All this changed, but did not completely destroy the foundations of the legal system, which lie on the authority of private and public law. Preserve and secretly distribute rights in private and public. Their importance is based on the principle of the importance of private and public interests, which form the basis of their primary difference. As the ancient Roman lawyer Ulpian said: “It is a public right to relate to the position of the Roman state, a private right to relate to the history of other individuals.”
The relationship and distinction between private and public law has always been a difficult task. All this is due to the fact that in the sphere of private law, the legislator often has troubles with legal obviations, imperative rules, strict protection, interim independence and the initiative of participants in regulatory affairs. On the other hand, in the sphere of public law, sometimes the judicial procedure may become difficult to protect the interests of citizens.
At the same time, the existence of such rules does not satisfy the need to establish a clear distinction between private and public law, the parts that are included in this and other spheres create a different legal regime. Attempts to reveal the criteria for delimiting these spheres were determined by both domestic and foreign interests. As a result, it became obvious that this authority includes, in the nature and acceptance of the right to regulate the water supply, determined by the very nature of the rest. It became clear, for example, that notes in the area sovereign administration They cannot be surrounded by the freedom and independence of the participants, because their character demands a centralized influx and hierarchical order of the participants.
It should be emphasized that in essence it is necessary to constantly interact and interact between private and public law without mixing these two principles of different approaches. Thus, civil procedural law, which is being brought to the public legal sphere, with the influx of private legal principles, sharply enhances the divisive nature of the process in superchkas between enterprises, which widely allows for the establishment of a third (non-state) ) form a look. Protely, the procedural order, insanely, preserves the powerful public legal character. Private and public law in all disturbed legal systems continue to exist as two independent, independent pillars of legal regulation, as two different types legal on the spouse's notes.

ROZDIL 3. PRIVATE AND PUBLIC LAW IN THE SYSTEM OF THE RUSSIAN FEDERATION
3.1. Galusi and legal blocks in the Russian legal system: the basis of classification and interconnection

Galusi rights are the greatest and main lines of Budovi Radyansky law. The most important types of commonwealths, which, behind their socio-political, economical place, require strong and legally binding regulation. I entrust the authorities with the right to those who will ensure specific legal regimes of legal regulation.
Under the legal regime (in the sphere of legal cases) there is a special, unified system of regulatory input, which is characterized by specific methods of regulation - a special order of appearance, development and formation of the replacement of rights and obligations, their creation not, the specifics of the sanction, the methods of implementation, and the direction of action common principles, fundamental provisions that extend to this entire set of norms. Although Galuz's regimes can be different (they are divided into general, types and special), although the law of law from the legal side is seen by the legal system itself as such a regulatory regime.
The Galuzevian regime is complex in its structure. Most of the main rices can be characterized by two main warehouses, which correspond to the parties to the intellectual-volitional exchange of rights:
a) by a special method of regulation, the specifics of the regulatory authorities are given light from the free side;
b) the particularity of the principles, fundamental principles that permeate the place of this galusa from the intellectual side.
Characteristic peculiarity the regulatory authorities of this legal authority, the authorities of their methods of regulation, the original ones in the Galouze regime. For the main problems of the legal system, the particularities of the table mean that they are included in their own, specific elements for a given problem, the method and the mechanism of legal regulation. And although Galuzev’s methods and the mechanisms attached to them are inspired from two simplest principles - centralized and dispositive regulation (1.17.4.) - remaining in any kind of Galuzia at the same time This is the totality of methods and methods of legal infusion (fences, permissions, positive connections), (1.17.5.) develop their own expression. These are the reflections, first of all, on the legal status of the subjects - the most important issue of the skin main galus of law and the power of the method and mechanism of regulation.
For the skin's main galusa, there is also a powerful, very specific “set” of Galuzian principles, essential provisions that form the central part of the galusia. However, it is still primary, which gives the legal regime of the main problems a legally clear, contrasting view and allows us to look at them as a species or as a general rule, at the cost of the emergence of special ones, rather than the given rules of power, the method and mechanism of regulation.
At this time, the presence of a special legal regime of regulation and one of the most important for the main problems of rice - a unique method and mechanism of regulation (as manifested in the particular legal status of the subjects) - to serve the important and straightforward, without mercy they are the criterion of what is really real before us has grown up in the legal system, an independent rule of law.
Nowadays, legal symbols will also require attention; everything goes away, lie down, from the material minds of the life of the marriage. To reveal the primary basis for the distribution of law on law, it is necessary to constantly rely on systematizing officials who define civil rights, and to the extent that the primary significance in the formation of parts of the legal system is the subject of legal regulation. Galuzev's regulatory regime is now formed entirely of one of the types of suspense bonds, an economical, socio-political place, which is indicated by the very fact of its formation, and its legal particularity. Also, we will accept other factors that need to be systematized, as well as the independence of legal regimes, the possibility of their expansion to other, non-typical terms. It is also necessary to respect subjective officials, protecting the ability of the shortcomings of the legislator from the designated legal regime, victorious during the hour of mediation.
Characterizing the peculiarities of the fundamental (profile) rules, which indicate their significance as the basis of the legal system, lie in the fact that they care for such types of common veins, as behind their deep socio-political, economic Initially, they require a clearly arbitrary approach, depending on the specifics of legal regulation, and this means main types of legal instruments. In connection with these profile galuz:
1) centralize general legal regimes, group methods of legal regulation;
2) are distinguished by a clear contrast, legal “purity”, legal absurdity and, in this case, include the possibility of mutual subsidiary vicariousness of the norms that are included in this law;
3) legally primary, then. to collect the initial legal material, which is then all the same vikorist in the study of the legal regimes of other law, and in which they act as great subdivisions of entire groups, families of law, for example, civil law - the main partly this family has a civil profile;
4) wring a string, complete structure, knitted with clear regular patterns, hierarchical connections.
The main principle of the legal system is law. Above it are, on one side, civil and administrative law - two specialized rules of the regulatory plan, and on the other side - a profile line, directed mainly at the viconn of funeral homes - criminal law. And from the sovereign and the appointment of the other three specialized material branches of law (civil, administrative, criminal) to go genetic, functional and structural connections to the third three procedural rules – administrative-procedural, criminal-procedural, civil-procedural.

3.2. International public and private law in the legal system of Russia
Globalization and the disintegration in the legal and economic spheres of activity of current powers are the main directions in to the current world and provide insight into other thoughts on the role of international legal norms in the functioning of international legal systems, before reconsidering the view of sovereign sovereignty, its obligation. Himself an important element This process for every independent state poses a major problem regarding compliance with standards international law and internal (national) law.
Nowadays, the world is faced with a lot of problems related to the decisions to extend the rights and freedoms of people. The foundations of the connections between people and powers vary among different powers. As a result of this, the role of international human values ​​is growing, which lies at the basis of international law - a complex of international principles and norms of international law. Today, it is the international public right to place hidden human values ​​in its ambushes and thus be able to effectively contribute to the formation of domestic law in these and other forms.
In my opinion, it is effective to solve the problem of the compatibility of legal norms - elements of various normative systems sovereign rival given constitutional law. It reveals fundamental huge interests, such as security and defense and the economic interests of the state, its integrity, fixes the main huge institutions, the foundations of the legal system, the є range of methods of legal regulation. Before the adoption of the Constitution of the Russian Federation in 1993, there was a development both in theory and in practice about the implementation of the norms of international law, the basic principles and norms of international law
etc...................

With the expansion of the division of law into law in Russian jurisprudence, history also knows a different approach to the structure of law, which is also found in ancient civilizations. Roman jurists divided private law into public law: the first regulated relations between citizens and powers, and the other between private individuals on the basis of their mutual obligations. In current Russian legal literature, the branches of suspense law include state, administrative, financial, criminal and procedural law, and private law - civil law, labor law, family law. Ideally, it is respected that private and public rights can be avoided, while the law protecting the interests of the entire estate protects the interests of other people. However, the current importance in state and private interests is objectively determined by the strengthening of public law rather than private law. Today, the main sense of the law on private and public rather lies with the inter-invading powers in the sphere of major and other interests of individuals.

As can be seen from the diagrams, the rules of international law are also divided into private and public. However, in the concepts of “international public law” and “international private law,” the term “international” has a different meaning. Public international law regulates relations between powers and interstate law. And the international right of privacy is respected by the international law that regulates civil, family, labor and civil-procedural matters, which prevent the foreign element and go beyond the borders of one power.

Classification of legal rights

In legal science, all rights have been subdivided:

1) on profile, basic galuz. To what type of law are the laws that cover the main legal regimes: constitutional law, civil law, administrative law, criminal law, civil-procedural and criminal-procedural law;

2) special law, within which legal regimes have been changed and added to special areas of life of the marriage: labor law, land law, financial law, social security law, family law;

3) complex laws, a noticeable sign of which is the combination of various legal institutions from specialized and special laws: commercial law, maritime law.

The system of law is the system of legislation

The system of law must be separated from the system of legislation. The system of legislation refers to the totality of elements of law (laws and regulations) in their interconnection. The system of law and the system of legislation are closely related to each other, but they are two different systems. As it was meant to be, the system of law characterizes internal budova law, its structure and elements, the legal system - the types and forms of legal information, external forms Vislovlyuvannya is right. The structure of the legal system is determined by the objectives of the marriage, the structure of the legislative system is the result of the special activity of law-making bodies. The elements of the legal system are legal norms, legal institutions and rules of law, the elements of the legislative system are legal acts and their warehouse elements (sections, chapters, statutes, etc.), as well as the rules of legislation. Acts from the branches of legislation avoid the rules of law (for example, land, family, criminal), and others include the norms of many branches of law (for example, state legislation, which combines with the norms of administrative, civil many other errors of law).

The distribution of rights in public (jus publicum) and private (jus privatum) was already learned from Ancient Rome. Civil law, according to the assertions of the Roman jurist Ulpian, is those that relate to the position of the Roman state; in private - do not communicate with other people. In further criteria for raising the right to private and public, more intensified characteristics were specified, and the recognition of the scientific and practical value of the subsection of law in public and private became unchangeable.

Otherwise, the Russian legal system has become a part of the Russian legal system, so to speak, for a troubling hour, it did not know the division of law in private and public. The reasons for this rested on the peculiarities of the legal system, and most importantly on the existence of the institution of private power.

The Radian official legal doctrine was negatively posed to the idea of ​​​​dividing the law into private and public affairs, respecting its piecemeal and shouting to disguise the essence of the bourgeois mode. Varto say - a camp established in the 20s. for the implementation of the Civil Code of the RRFSR V.I. Lenin, who “doesn’t know anything “private”, we know in the sphere of statehood, public law, and even more private,” at that time served as a methodological guideline for legal theory and practice.

The institutions of market economics, which are popular, recognize private power to translate the problem of public and private rights in the realm of theoretical considerations into a practical level. It is rightly noted that the nutrition of the division of rights between private and public, their relationship covers all aspects of the foundation: the relationship between freedom and security, initiative, autonomy, will and the boundaries of the invading powers in the vast life.
Varto means that the main sense of the division of rights in private and public in which connection lies essentially in the fact that such a constitutional formula “the people, their rights and freedoms will be the greatest value. The recognition, continuation and protection of the rights and freedoms of people and citizens - the obligations of the state” (Article 2 of the Constitution of the Russian Federation) is removed from the subject-legal domain of the entire national system of law. The division of rights to privacy and society means the legal recognition of the spheres of married life, handed over to various states and bodies, legally protected or bounded by law. It is significant that this excludes (legally) the possibility of sufficient intervention by a power in the sphere of special freedom, the level and boundaries of “direct order” of the power of those structures are legally legitimized, the boundaries of freedom of power and private affairs are legally recognized iativi.

No less significant is the fact that the separation of public and private legal aspects in the minds of the post-socialist transition period is extremely important for the process of restraining power, the psychological consolidation of suspense in the world. and the omnipotence of sovereign paternalism. Promoted by this principle in the current practice, we have a etatist approach to the law, to put a check on the way to the unstreamlined rule-making power of the power, the exile of the ruling elite, which identifies itself with the power, to impose in this way the will of every susp. Ilstvu. The integration of Russia into the partnership of European countries - the Rada of Europe - conveys the internationalization of the Russian legal system, the convergence of national legislation with European law.

It is clear that the division of rights between private and public, recognized by the legal systems of all European countries, is acceptable to the highest level of the problem.

What kind of rights belong to private law, and what kind to public law?

The essence of private law is expressed in its principles - independence and autonomy, recognition of the protection of private power, freedom of contract. Privacy right is a right that protects the interests of an individual in his relationships with other persons. Varto respect that he regulates the spheres, the direct involvement in the regulatory activities of the state will be limited. In the sphere of private law, the individual has the right to exercise his or her rights, or to comply with permitted actions, to enter into agreements with other persons, or to act in other ways.

The other sphere on the right is inundated with enormous law. In public law matters, the parties act as legally unequal. It is important to respect that such sides will always be represented by the powers whose body (posadov’s person) is endowed with the most important duties. In the sphere of suspense law, the rules are regulated exclusively by a single center, which will be the sovereign power. Privacy law is not an area of ​​freedom, but not of necessity, of decentralization, and not of centralized regulation. Community law is a sphere of concern for imperative principles, necessity, and not autonomy of will and private initiative.

System of public and private law

The system of public and private law. It is influenced by the nature of public and private law and the peculiarities of the national legal system. Looking at the public legal and private legal systems, the next step may be (Fig. 3)

Malyunok No. 3. Legal system

It’s crazy that the absolute public and private legal issues do not exist. Public law elements are at the same time as private law. For example, in family law, public law elements include the court order of breaking up the court, reducing father's rights, and reducing alimony. In land law, the public legal element has a significant manifestation - the order of land management, the allotment (allocation) of land, the acquisition of land, etc. For each specific problem of law, a combination of these legal techniques may be necessary.

The relationship between private and public law has historically been unstable and unstable. Thus, the change in the Russian Federation in the forms of power on the land fundamentally affected the character land law, which comes under the “jurisdiction” of private law (while preserving public legal elements) These are the reasons that suggest a change in the middle of the rules of private and public law. We can talk about two trends: internal consolidation and differentiation. Thus, it can be assumed that such laws of law, such as criminal-procedural and civil-procedural and laws of law - administrative-procedural and arbitration-procedural, are consolidated into a single law of public law - procedural (court) law. It has been established that family law will be “pollinated” by civil law.

Well before the internal Galuz differentiation, then immediately a change of mind was created municipal law from the constitutional warehouse. In good faith foreign countries It can be assumed that the tax law will be based on the financial warehouse (in the USA, for example, the price is the greatest)

The legal system is under a significant influx of subjective officials - the rule-making activity of the state. Apparently, this official also makes a significant contribution to the relationship between private and public law. Obviously, we can assume that the idea of ​​a strong power will be overridden, which will immediately result in a significant strengthening of public legal principles in everyday life. Well, the principle of the power's obligation to appear a real fact, then the private law ambushes will expand the spheres of his influx.

Constitutional law

Constitutional law- the core of the national legal system, which represents the totality of legal norms that define the foundations of the constitutional order, the legal status of the people and the commonwealth, and consolidate the power structure, the system of power and local self-government Nya. Constitutional law is characterized by a special subject and method of regulation. The subject of constitutional law will be the sovereignty that arises from the process of implementing the sovereignty of the Ukrainian people in all forms, ensuring the functioning of representative institutions and directly democracy. The special role and importance of constitutional law lies in ensuring the restoration of the people in all spheres of life in the marriage. This direct legal regulation is the prerogative of constitutional law, and it is not the power of any other rule of law. As a rule of the civil law, the constitutional right is corroded by the way of legal influx, the power of all the authorities of the civil law. Nowadays, constitutional law has a special method of constitutional influx - Installed is fundamentally different from other methods of legal regulation (permission, regulation and protection). The legal structure of the constitutional provision is such that it does not accurately convey the significant (personified) rights and obligations of specific of these subjects, participants of legal discussions - constitutional provisions may have a hidden, universal character , applied to all or many types of subjects, traditionally do not give rise to specific legal provisions implemented in the legal constitutional framework (for example, Article 10 of the Constitution of the Russian Federation)

Administrative law

Administrative law- a rule of civil law, the subject of regulation will ultimately be regulations that arise in the process of organization and activity of bodies viconic ruler. The norms of administrative law regulate public law issues of power - the ordering of which one of the parties is subject to obligations viconic organ vladi (posadov's person), endowed with sovereign-sovereign positions.

Financial law

Financial law As the framework of civil law is represented by a set of norms, with the help of which there is regulation of deposits that contribute to the process of illumination, the division and recovery of the state's penny funds. For the substitution of administrative and legal financial legal documents - these are the main (penny) bills that arise from the process financial activities powers shodo koshtiv. The particularity of financial law will be evident in its warehouse of law – budgetary, tax, banking.

Criminal law

Criminal law - The rule of civil law, which regulates crimes, is related to the malpractice and punishment of actions. As if it were the rule of law, criminal law is formed from the totality of legal norms. The norms of criminal law are not norms of protection. Varto respect that they are protecting the persistently unsafe actions and inactivity of people under the threat of stagnation of the special powers of the sovereign primacy - criminal punishment. Criminal law, as a body of legal norms, is divided into legal and special parts. In the Zagalny part there are legal provisions about criminality, the understanding of evil, the form and type of offense, conditions that include the evilness and punishment of the act, the order and mind of criminality in the case of In other forms of unfinished crime, liability for participation in crime, the concept of a type of criminal punishment, the procedure for substituting punishment and exoneration under criminal liability. The Zagalny part also has the concept of criminal conviction, the concept of criminal record and methods of imprisonment, the concept of amnesty, pardon, etc. When the back part is secured underground position, the principles and institutions of criminal law, then a special part conveys specific types of crimes and shows the punishments that can be awarded for their commission. The individual parts are closely interrelated and are characterized by unity. This is the time to stay with him, who will end the same tasks - protection from evils of specialness, marriage, power; The norms of the general part will be the basis for the norms of the special part. The norms of the Special Unit specify illegal concepts about evildoers, just like the Zagalnaya Unit.
Particularly, it means and means those types of actions that the criminal law considers evil.

Environmental law. Civil procedural law

Environmental law- when the girl is “young”, she is right, norms regulate the lives of people, the organization is based on the method of rational corruption natural resources zakhistu nakolishnogo middle ground.

The system of civil rights to enter i procedural laws of law- criminal-procedural and civil-procedural (court law) Norms criminal procedural law Designated for the regulation of investigative activities and the review and development of criminal records. Civil procedural law It is for these service purposes that the order and procedure for authorization by civil courts is established.

International public law

International public law- not a warehouse national system the rights and principles of conventions, international treaties, acts and statutes of international organizations that regulate transactions between powers and other participants in international trade.

Civil law

Civil law- a basic principle of private law, the subject of regulation will ultimately be the main and non-main issues associated with it, based on equality, autonomy of will and the main independence of their participants. Gromadianskoe right is a rich storehouse of rights, and in its place such foundations as author’s, spadkov’s, winemakers’, etc. are consumed.

Family law

Subject of regulation family law There will be special interests and connections with them that will arise from love and belonging to the family. The Family Code of the Russian Federation, which regulates these documents, as well as Part 2 of the Central Committee of the Russian Federation, came into force on January 1, 1996.

Labor law

Labor rights As part of the system of private law, regulations are regulated on the basis of the common interests of their participants. The subject of labor law regulation will be the relationship between the worker and the employer for the first time. The subjects (parties) of labor law are workers (legal citizens who reached the sixteenth century), workers or any form of power in the individual administration, labor council tive, in cases of administrative duties (posadov, recognized under the rank) and actions Other subjects.

Land law

Land law- This is the rule of private law that regulates waters related to mining, exploitation and exploitation of land.

The subject of regulation of land law will be the regulations that are formed between communities, legal entities, as well as the state and other bodies in the process of realizing the right of ownership of the land, ensuring protection and increasing the soil's fertility. The subjects of land law are the citizens of the Russian Federation and foreign powers, individuals without population, legal entities, powers and entities that may be participants in land legal transactions.

International privacy law

International privacy law- The totality of legal norms that regulate civil society, family affairs and labor affairs, which may have an international character. The subject of international law are regulations, which in the Russian Federation are regulated by the norms of civil, family and labor law, with a foreign element. those that may have an international character.
Varto means that the peculiarity of legal issues in international private law will be the fact that foreign communities and foreign legal entities will take part in them, their object will be, as they are located behind the cordon, they will related to the territory of two or more powers, internationally private right - so, in this manner, the galuz is specific national law.

Ticket number 29. Concept of the legal system. Private and public law.

Legal system- this is a hierarchically organized set of mutually related and mutually related legal norms, subgaluses, legal institutions and norms, which represents, on the one hand, the unity of legal norms, on the other, their specialization tsіyu.

The basis of the legal system is the following principles:

· The principle of the rule of law and human freedom;

· The principle of legality;

· The principle of competence;

· The principle of formalization;

· The principle of behind-the-scenes accessibility;

· The principle of the priority of international legal issues;

· The principle of promising norms;

І low others.

In this case, the main thing is the hierarchical organization of legal norms with legal force. The principle of unity and specialization of legal norms is also significant.

Term "system of law" not the same as the term "legal system".Ostannya category wider, The fragments include the totality of all legal entities in a marriage, and not just legal norms.

The track can also be divided legal system(Subject of legal norms on galusi and institutions) іlegal system, then. division of normative legal acts into separate parts. This is the result of the direct activity of the legislator, the formation by him of the entire array of assets that regulate the commonwealth. The system of law is the basis for the field of legislation in Galusia and the institutions that encourage the legislator to create regulations, Maintaining, in the first place, the tired field of law on law and institutions. The rules of law, for example, include the constitution, civil law, labor law, etc.

At the same time, the current legal system will also have complex regulations of the law, which is formed from the norms of various branches of law (legislation on health protection, lighting, transport, communications, forest law, etc.). Due to the remaining fates of the Russian Federation, new complex legislation is being actively formed (tax law, mint law, legislation on privatization, etc.).

Legal system consists of five levels: norms, legal institutions, subgaluses of law, galusies, legal system.

Rule of law- this is formulated by the power and secured by the power's protection in a legal manner, a formally significant rule of a legal nature, which acts as a model of lawful behavior. The norm is the primary element, the “goal” of the system of law for which the given system of law will be.

Legal Institute- this is the totality of legal norms that regulate, within the framework of the law, a group of mutually related, similar joint bonds. For example, the law of the land, the right of power, pospil, purchase and sale, legal entities - all these are legal institutions of civil law. The criminal profile of minors of a medical nature, the head of the special part of the Criminal Code of the Russian Federation - the legal institute of criminal law. Some legal institutions are divided into sub-institutions. For example, in the institute of state service, which falls to the level of administrative law, there are such subinstitutions as the understanding of the principles of state service, state posad, the legal status of service, etc.

Pidgaluz is right- this is a great legal institution, which is seen as an independent rule of law. In financial law, serious central trends are currently seen in tax and budget law, constitutional law- selective law, civil law - entrepreneurial law, copyright law, living law. The very concept of “subgaluz” has its own duality: it is no longer an institution, and yet it is not a law.

Galuz is right- this is a strengthened set of legal norms that regulates the entire sphere of marriage contracts using a specific legal method. Galuz is formed by different norms - important and norm-principles, illegal and special, regulatory and protective, what is protected, what is required and allowed. It is important to become a self-sufficient, autonomous, well-established normative complex.

As a rule, the skin's legal galus mentally sees hidden and special parts. The final part consolidates the meaning, principles, and legal basis of legal regulation, especially specialized legal institutions.

Legal regulations- This is the central part of the legal system, which means the development of orderly legislation. The study of all legal sciences in connection with this has a Galuzevian character. Traditionally, there are two criteria for the subsection of norms behind law - the subject and method of law law.

Subject of law- this is a collection of similar suspinal containers, which are regulated by one or another group of norms. The rule of law follows the norms that regulate the same suspense containers. The variety of legal papers implies specialization and division of them into courts, sub-regions, and legal institutions. The item shows how the sphere of joint drains is regulated by the tie. Thus, land law regulates trade unions in the sphere of land development and land protection, labor law – in the sphere of labor trade unions between workers and workers, etc.

Method of regulation of legal rights- this is the totality of techniques, methods, and legal features on marriage bonds. If the subject of the galus shows what the galus regulates, then the method shows how it is regulated.

The difference between subject and method in Romano-German systems of law is an important Galuzian sign. Uniform codification. The evidence and the validity of the codified act, therefore, confirm the evidence and the validity of the law. I would like to know some uncodified issues – for example, environmental law, trade law, information law, etc.

The legal system reflects the structure of the real legal bonds, which signify the legal system. Historical, religious, national-ethnic factors and the way of life of the population may have a significant influence on it.

Some of the laws of Russian law are complex in nature, similar to the norms of various laws and institutions. How to apply such special issues as government, natural resources, trade, banking, maritime, and military law.

Legal rights are divided into general and private, material and procedural.

Private and public.

Even more relevant to the life of the current Russian marriage is the division of the legal system between the private legal and public authorities. Even Ancient Rome recognized the right to privacy (“jusprivatum”) and the right to society (“juspublicum”). This distinction is connected with the names of the ancient Roman jurist Ulpian (170-228 rubles), who grounded him first. He came up with the idea that public law applies to the position of the Roman state, and private law applies to other individuals. Tobto subject of public lawє sphere public interests (interests of the matrimony, the power of marriage), and subject of private law- sphere private rights and interests.

The field of law in private and public was given respect by Montesquique (“About the Spirit of Laws”), Hobbes, Hegel, Russian legal scholars D. D. Grimm, K. D. Kavelin, N. M. Korkunov, D. I. Meyer, P. I. Novgorodtsev, L. I. Petrazhitsky, G. F. Shershenevich.

In current Vietnamese legal literature up to galuzam public law introduce sovereign, administrative, financial, criminal, procedural law, galuzam of private law- Civil, labor, family, as well as complex areas such as trade, cooperative, enterprise, banking, etc.

The Radian legal doctrine rejected the concept of private law as absurd from the nature of the socialist order. In connection with the preparation of the first Radyan Civil Code, Lenin, 1922. having formulated his position in this way: “We don’t know anything “private”; in the sphere of government we have public law, and even more private.” Apparently, this position is due to the totalitarian nature of the socialist state, the dominance of marital and private life, the presence of private power and freedom of private enterprise. Also, it should be noted that Russia has accumulated evidence of regulation of the social sphere by public legal methods, which are characterized by legal centralization (regulation “vertical”, with a single center - the state) and imperativeness, such as deprives the subjects of judgment.

On the other hand, the sphere of private law conveys decentralization of legal regulation (if legally significant decisions are taken independently by participants in the public sector) and dispositivity (freedom to choose legal decisions).

However, the main sense of the division of private and civil rights lies in the established inter-invading powers in the sphere of major and other interests of individuals and their society. The power in this sphere may play the role of an arbiter and a reliable guardian of the rights and legitimate interests of participants in the global turnover.

In Russia, the development of a market economy is expected, and privacy has been enshrined in law, which makes the development of private law of great importance. Infant born 1991 By order of the President of the Russian Federation, the Doslidnitsky Center for Private Law was created. The new Civil Code of the Russian Federation has been adopted, which is imbued with the ideas of private law.

Despite all the importance and principle of the field of law in private and public, the criteria for such a field are ambiguous, and there is room for understanding and deliberation. Russian civilist Mikhailo Mikhailovich Agarkov (born 1890-1947) noted that combinations of public law and private law elements, mixed public law and private law institutions can be blamed . MM. Agarkov emphasized that public law is the sphere of power and order, while private law is the sphere of freedom and private initiative. Another criterion for classifying items as public law is their participation as one of the parties to the state. However, as a power as a whole, both its bodies can act as legal entities as participants in private law matters.