Legal Institute is one of the most importantcategories of jurisprudence. This concept is closely intertwined with almost every category of law, interconnected with the norms and inextricably with the theory of states and law.
Term study
The Institute of Law is a group of activelegal norms that are separate and interrelated according to certain criteria. They can regulate homogeneous social relations, can be combined through the subject, and can be divided into several internal subcategories. At the same time, it is important to understand that an institution is only a separate group of norms, it is inextricably interconnected with other elements of law.
The main directions of understanding
In the field of jurisprudence at the moment are the main areas of understanding:
- The institute of law is the unification of several norms into one group. A striking example of this can be the articles of the Labor Code of the Russian Federation governing the procedure for concluding a contract, its essence and content.
- The institute of law is a set of legal norms united on the basis of regulating the same social relations.
As you know, the division of the right to industrydue to various kinds of relationships. At the same time, an institution is only a certain kind of interaction between people. In comparison, an institution is a smaller, but not least legal area.
In the named industry we can distinguishcountless institutions. And at the same time they are qualitatively different from each other. So, for example, in criminal law, the institution of crime, the institution of punishment, the institution of criminal responsibility or exemption from punishment are distinguished.
Signs and main features
A legal institution is one of the many legal categories that can be identified by the following criteria:
- Single actual content.
- Legal homogeneity.
- Completeness of relations subject to regulation. It is important to note here that non-observance of this attribute creates gaps in the law.
- Legislative isolation. Often institutions are combined into chapters and sections.
The Institute is, in addition to the above,divisible category. An example of this is civil and labor law, where, along with civil litigation, the plaintiff and the defendant stand out as separate institutions. Along with them, there is a statute of limitations, representation, a pretrial dispute settlement procedure, and so on.
About classification
The institutions of society is a category that consists of an orderly set of legal norms, qualitatively homogeneous, but with some differences.
First, legal institutions can be divided intodepending on the branch of regulation of public relations. So, civil norms, criminal, constitutional, administrative, budgetary, criminal executive branches and so on are familiar to science and practice.
Depending on the subject of regulation, they maysubdivided into material and procedural. Material - these are the provisions that establish the possibility of the origin of a legal fact. Procedural norms are those provisions that regulate the order of implementation of certain actions.
In addition, institutions cansubdivided into sectoral, which are focused strictly on homogeneous social relations, and complex, combining articles from various areas of law.
Simple and complex institutions as one of the reasons for the classification
Recently, increasingly in the state andlegal science began to form relatively new branches of law. The system of institutions is a multifaceted concept, therefore the division into simple and complex (complex) industries is one of the main reasons for classification.
So, a simple institute is focused strictly onnorms that govern similar social relations. Vivid examples of this are the institution of marriage termination, which is clearly reflected in family law, the institution of collateral in civil matters, and the institute of gambling.
Complicated Institute is also calledintegrated. It is a set of norms that are associated with qualitatively different social relations, but at the same time they are connected for one reason or another. One of the most striking examples is the institution of property, which, as can be seen, reflects in its essence not only civil, but also family, administrative and other branches of law. Despite the heterogeneity of the listed articles, the integrated institute of law has a single subject.
Sub-sectors of law
All institutions of law consist of various sub-branches. The system of the latter is an intermediate link between the industry and the institution:
- inventor's rights, copyright belong to civil law;
- taxes - sub-industry finance;
- and municipal belongs to administrative legal relations.
The sub-industry is the aggregate of the largestinstitutions that regulate several areas of homogeneous social relations. The Constitution includes parliamentary law, electoral, presidential and so on. It should be noted that, unlike the institute, this concept is not mandatory, for example, there are no sub-institutions in land law.
The significance of legal institutions, branches, and sub-branches boils down to the fact that it is these components that determine the essence of each norm, as well as the limits of its operation.
