Scientists have long proven the fact that manis above all a social being. This means that all people can exist only in an environment where similar people are present to them. In this case, communication and psychological contact play a big role. This feature is due to one key factor that people have because of their physiological differences. This factor is consciousness. Thanks to him, each of us can think and make decisions, solve complex problems, etc. But the constant social dialogue in the human environment causes the need to regulate the emerging social relations.
На протяжении многих столетий люди пытались найти the most effective way to regulate them. In the course of this search, many solutions were found, ranging from violence to popular assemblies. The problem was that all such solutions were not sufficiently effective. However, the answer was still found. To date, there is no better regulator of public relations than the law. The development of this social phenomenon is so great that law has become the basis of entire structures, one of which is the legal system. In the theory of state and law there are many opinions and theoretical developments on this topic. In the article we will try to analyze and provide the concept of legal systems, to characterize their structures.
What is a legal system?
It should be noted that the concept of legal systemsvaries depending on the scientific approach and the principles of a particular law school. In addition, the legal characteristics of a particular state are of great importance. But in this article we will be based on the information of the national school of the theory of state and law. Today, the general concept of the legal system says that it is a structure inherent in each specific state and consisting of three elements: the legal system, the right to exercise, and the legal culture. The presented concept is the most "classic", if you can say so. In other states, the understanding of this structure may change due to the legal peculiarities of the country itself. In this article, for example, we describe the structure and concept of the Russian legal system.
Confusion of terms
Very often the concepts of "legal system" and "systemrights are confused. In this case, you need to be extremely careful. Despite the fact that the terms are identical, from a logical point of view, their meaning in the legal field of knowledge is completely opposite. To differentiate them, you need to understand: the legal system is only one of the elements of the legal system. Confusion also arises when the concept of the legal system and the legal family is analyzed. The features of these structures will be discussed later in the article, but it should be noted that legal families are structures whose elements are national legal systems of different states. Thus, to overcome the lack of understanding of a term you need to know what meaning it carries in science.
The concept of the legal system of society - three approaches of theoretical understanding
Правовая система, понятие, характеристика которой will be presented in this article further, completely differently interpreted by various scientists in the national school of the theory of state and law. There are only three main approaches, namely:
1.Proponents of the first approach argue that the legal system of society, the concept and structure of which are presented in this article, is the totality of all acts of state rule-making, without exception. In other words, only the form of expression and consolidation of norms is considered. Here the hierarchy of regulatory acts and their legal force are of great importance.
2The second approach characterizes the legal system not only through the lens of positive law, but also through some accompanying elements of legal reality. As a rule, legal ideology and judicial practice are among the accompanying elements. In the open spaces of the Russian Federation, this approach did not find much support.
3. The third can be called the most standard.According to him, the entire legal field of the state is included in the concept of the legal system. The main legal systems are, in fact, the key features of the state. Thus, any legal elements directly relate to the legal system.
From which the conclusion follows. The presence of so many theories suggests that scientists are still trying to develop the most standard notion of legal systems.
Elements
The concept and types of legal systems are completely dependentfrom their structural elements. There are many scientific approaches to understanding the structure of a particular legal structure. However, as a rule, there are three main elements that are absolutely present in all systems. These include: the legal system, legal culture and the implementation of the law. Each of the elements presented has its own effect on social relations, in other words, they regulate all social processes in their own way. In addition, it should be noted that all elements, in turn, are also structured.
The concept of law
We have previously indicated that the legal system of society,the concept and structure of which is presented in this article is highly dependent and even in some cases is confused with the concept of “legal system”. It should be remembered that the latter is one of the structural elements of the national legal system. In addition, this element displays the internal structure of the right in general. In other words, the legal system is the legal hierarchy of existing rules. But this hierarchy should not be confused with the system of regulatory acts. Because the LA is a positive law, and for the legal system all norms and customs sanctioned by the government are important. Thus, the legal system, the concept and structure of which is presented in the article, is characterized by the internal structure of the elements of law enforcement, namely, the legal system.
The structure of the legal system
It should be noted that the legal system isstructure of complementary elements. That is, its analysis comes from above, from the most significant or large structures to the smallest elements. The analysis of the system is easy to carry out because in almost every state it is the same. Thus, the following elements are distinguished: branch of law, institution and rule of law.
1.If we take into account the system of law of the Russian Federation, then the branches of law are a set of legal norms and institutions that are united by a common subject of regulation. In other words, branches govern homogeneous social relations. An example of a branch of law are civil, criminal, housing, family law, etc.
2Law institutions are the constituent elements of industries. But they, in turn, consist of similar legal norms. The need for institutions arises when a social phenomenon is regulated by a large number of norms. An excellent example of an institution is marriage contract in family law.
3. The rule of law is the “smallest” element of the system of law. However, this fact does not detract from its value. The subject of legal regulation is registered in the norms of law.
Legal culture of society
The concept of legal systems, or rather, the structure of thiscategory, includes such an element as the legal culture of society. It should be noted that this is one of the main structural components of the national law of any country and, in particular, of the Russian Federation. Legal culture primarily indicates the development of the population and its relationship to the law in general. This is manifested in the degree of rule of law and legality. After all, legal culture is manifested in specific behavioral signs. In the belief of people in the effectiveness of legal norms. Thus, the legal culture of a society is a certain kind of system of values, ideas of a legal nature, skills, traditions and behavioral stereotypes that are acceptable in certain social groups. As a rule, these factors are used in these groups for the internal regulation of relations between its members.
The manifestation of the legal culture of society
To public relations obeyedtrends of certain cultural norms, were developed specific types of their direct manifestation. After all, legal culture, in fact, means nothing if it does not have a real effect. There are four main types of its manifestation, namely:
- legal institutions, norms;
- legal ideas;
- legal institutions;
- legal offenses.
It should be noted that the publiclegal culture also depends on the development of the legal infrastructure of the state, effective legal activity and legislation, which first of all must meet constitutional norms.
Realization of the right
The legal system of society, the concept and structurewhich are presented in the article, contains in its composition such an important element as the realization of rights. In fact, this part of the system is responsible for the actual implementation of the constitution, laws and other regulatory acts in the Russian Federation. In a theoretical sense, the realization of a right is the actual imposition of the norms of state legal acts on its citizens in order to enforce the provisions of these acts in real life. In order to increase the effectiveness of the legal norms of a particular industry, special legalization forms have been developed in the theory of law.
Forms of implementation of national law
In the classic version, scientists identify three main forms of the realization of the law, namely:
1. Use, that is, the realization of their capabilities by the subjects of law. In other words, the use of personal powers.
2. Execution is an activity for the implementation of binding regulations when the subject of the law is acting under the strict prescriptions of the law.
3. Compliance is a passive category. It is manifested in the preservation of the legal regime in force in the state and refraining from committing offenses.
Thus, by means of the presented norms, Russian citizens can, by their active or passive actions, support the legal system of the state.
Legal families
Следует отметить тот факт, что правовая система, the concept and structure of which are presented in the article is unique. Therefore, there are no absolutely identical structures of this type in the world. However, if you compare these categories, you can see some unchanged features. Thus, scientists have found that in several legal systems, you can find common patterns. In order to somehow characterize a number of systems of the same type, categories such as legal families were invented. Thus, the legal family is the key concept of comparative law, which is a collection of similar national legal systems in a certain territory. As a rule, a single family consists of systems that combine common sources, formation history, structure, functions, etc. Today, the following types of legal families are distinguished, namely:
- Anglo-Saxon;
- Roman-German;
- religious legal family;
- family of traditional law.
Conclusion
So, in the article we revealed the concept of a systemlegal regulation in the Russian Federation. Today, this issue is one of the key in the theory of state and law. Because the developments in this direction will help improve the effectiveness of law as the main regulator of legal relations in our state.
