Norm - institution - branch and integral: a necessary addition to the Russian law structure at the present stage of its development

Автор: Uporov Ivan V.

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 8, 2021 года.

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The paper identifies and analyzes the main trends in the development of the Russian legal system in terms of its structural construction, with an emphasis on its current state. It is noted that there is a continuous increase in the number of legal acts and this objective process periodically presents the legal community with the problem of classifying the increasing body of law. In the pre-war years, the category “branch of law” was introduced by the efforts of Soviet legal scholars, and the generally accepted structure of law as a legal triad “legal standard -institution of law - branch of law” was then constructed. By now, however, the body of law has reached such enormous proportions that its next classification is required. In this regard, a proposal is substantiated to supplement the structure of law with a new element in the form of an integral of law, which includes a group of independent branches of law while maintaining the established classification criteria (subject, method). Thus, the legal triad is transformed into the legal tetrad “norm - institution - branch - integral”. The significance of this model in the classification of legal entities is demonstrated.

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Law, system, structure, tetrad, legal act, branch of law, regulatory legal act

Короткий адрес: https://sciup.org/149137187

IDR: 149137187   |   DOI: 10.24158/pep.2021.8.10

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