Discussion on the structure of the Russian law

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The article analyzes the different points of view, developed in recent years in the legal literature on the relationship between the concepts of "system of law" and "structure of law". The author, adhering to the systems theory, proves the impossibility of even terminological replacement of these concepts, since the structure in relation to the system has an auxiliary character, contributes to the notion of the system. The system object with complex internal structure is carried out through the review of its structure. The structure of the law in its normative sense is the structure of the existing system of norms of Russian law. According to the author, the branch structure of the law should be considered within the same structure on the same parameters. The author substantiates the existence of hierarchical structure which themselves elements have a specific structure, as they consist of other elements. Understanding of the structure should be based not on the formal classification, but on the natural, based on dialectical principles, a truly scientific classification. The branch division occupies the entire row or structural level of the structure of law and in this sense should not be confused with the structural levels of rows or structures where structural elements stand out for other reasons.

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System of law, structure of law, the polystructural of law, hierarchical structure, the branch structure of law

Короткий адрес: https://sciup.org/142233744

IDR: 142233744

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