Very often in everyday life, the system of law andthe system of legislation is recognized as identical concepts. But from the legal point of view, these two concepts differ significantly. Consider them and identify the points of divergence.
The system of law and the system of legislation - general provisions
In modern science, a number of approaches to the definition of the system of law have been worked out. There is a genetic, historical, as well as a structural method for differentiating this concept.
The genetic takes in the explanation of the systemrights in terms of primary and secondary criteria. At the center of this approach lies the man, and the derivatives are the state, as well as society. And hence the natural (the establishment of the legal personality of the individual) and the positive (regulation of the legal personality of the state) law follows smoothly. And, accordingly, the system of law in this section is a combination of natural and positive law.
The historical method to define this concept establishes that it is a union of law law, customary law, contract law and case law.
However, for the most part, jurists prefer the third method, the structural method. According to him, the legal system acts as a clearly regulated education, which includes branches, institutions of law and legal norms.
Legislation system, on the contrary, has a single, clearly defined definition. And according to him, is a unification of all legal norms operating in the territory of the country and fixed in the relevant documents. The basic elements of the system of legislation are differentiated according to the features:
1) sectoral - labor, civil, criminal, constitutional, administrative, etc. Also, this attribute is considered a criterion of horizontal elements;
2) legal force - division is made bysubordination of norms to each other. At the very bottom of the pyramid are local acts, above them - subordinate state acts, which are subject to laws that do not contradict the provisions of the constitutional act;
3) in the form of the territorial structure of the country - national and local legislation, the latter has no right to contradict the first.
As can be seen, the elements of the system of legislation differ significantly from the structural base of the legal system.
The system of law and the system of legislation: their ratio
Building the right is impossible without the use of legislation. Therefore, it is impossible to say that the system of law and the system of legislation are absolutely different concepts.
The system of law is based on the objectivereality. In fact, the rule of law, which is a basic element, refers to a particular industry or institution only on the basis of its application in a particular legal relationship. But the basic element of the system of law - a legal act - can regulate several sectors at once.
There is another criterion by whichthe system of law and the system of legislation differ. Their ratio is derived on the structure and content of the article of the normative act and the rule of law. As is known, the rule of law is obliged to include a disposition, a hypothesis and a sanction. But in formal fixation (for example, in a law or a decree), an article of a normative act can operate with separate elements of the rule of law. In addition, one article may include several rules for regulating various relations.
Consequently, there is a situation in which the system of law and the system of legislation, by virtue of the arguments examined, can not become interchangeable concepts.
