Branches of law and legal institutions

Made by the students of the 3-rd course,

specialty 6508/1group KRD-301

Gorobets Oksana,Kosynska Tamara,

Terentyeva Natalie

A branch of law

A branch of law is a separated complex of legal norms aimed at regulating a specific field of qualitatively similar

public relationships. A branch of law, which is the largest structural unit and a central element of law, the most fully expresses the «group» features of legal

regulation.

Branches of law classification• Characteristics:• they are legally original, which means they

contain initial legal material which is then used in some way in the legal regimes of other branches formation;

• they concentrate general legal regimes and legal regulation methods.

• Examples: constitutional, civil, administrative, criminal, civil procedural, criminal procedural law

fundamental  

• in which general legal regimes are modified and adapted to special spheres of society (examples: labor law, land law, family law, etc.)

special

• characterized by combination of different institutions of fundamental and special branches. Examples: business law (commercial, trade law), sea law, etc.

complex

Види галузей права

Substantive branches of law (substantive law)

regulate public relationships directly. Include

constitutional (state), civil, administrative, criminal law,

etc.

Procedural branches of law (procedural law)

determine the procedure for the implementation of substantive law and

originate from it.

Branches of law in UkraineConstitutional law is combination of legal

norms that define the relationships of different entities within a society and a

state, the principles of social and political system, organization and

operation of state and local governments. In the system of social

relationships that are the subject of this branch, the main place is occupied by

the relationships between man, society and the state They define the structure

of the state and its functioning. The nature of these relationships also

determines the methods of control

Branches of law in UkraineCivil law  is combination of legal

norms that regulate the sphere of property relationships and moral relationships connected

with them (such as name, honor, dignity, authorship).

Their subject is the ownership, use and disposal of property, its acquisition and disposition,

purchase, sale, inheritance, etc. between different legal

subjects - individuals and legal entities

Branches of law in UkraineAdministrative law is combination of legal

norms that regulate public relationships arising in the process of the State executive and administrative activities. They are the subject of legal regulation. Their feature is

that one party is always represented by the public body or an official

Branches of law in UkraineFinancial law  is combination

of legal norms that regulate public relationships

connected with the state activity in the formation and implementation of the State

budget, monetary circulation, banking, credit, loans, taxes. The subjects of

these relationships, in addition to the State, acting

all legal entities and individuals

Branches of law in UkraineLabour law is combination of legal norms that

regulate relationships between an employer and an employee. They cover the following topics: labour

organization, payment for it, the terms of beginning, modification and termination of labor relations, as

well as the associated social security, pension service, working hours and rest periods relations and

so on.

Branches of law in Ukraine

Land law is combination of legal norms that regulate

public relationships connected with possession, use and disposal of land. It deals with issues of land

use and land management, storage and distribution of the land fund, determining

the legal regime of different land types according to

their administrative purposes

Branches of law in Ukraine

Environmental law is combination of legal norms that regulate public relationships in the sphere of development, use

and protection of the environment by society, the

state, economic entities and the public for the purpose of natural resources storage, prevention

of environmentally harmful effects of economic and other

activities on the human habitat.

Branches of law in Ukraine

Criminal procedural law is combination of legal norms that

regulate the activities of investigation, prosecution

authorities and courts in the investigation of crimes and criminal cases in court. The feature of this

branch of law is that it appears as a necessary condition for the

implementation of the criminal law by establishing a clear regulation of

the individuals’ rights and obligations in the process of

investigation and trial.

Branches of law in UkraineCivil procedural law is combination of legal norms that regulate the procedure for civil proceedings. Norms

of this branch of law establish the rights and obligations of the parties between whom

there was a dispute about the rights of judicial and

prosecutorial authorities relating to the trial of civil

cases, determine the order of filing claims in court,

jurisdiction and other matters arising in connection with the

civil cases.

Branches of law in UkraineCriminal law is combination of legal norms that

determine the list of socially dangerous acts (crimes) and penalties applicable to offenders. Norms of this branch establish eligibility of the State competent

authorities to persons who have committed the crime, the basis and terms of bringing them to justice, types of penalties, the composition of specific acts, the form

and degree of the guilt, etc.

Legal institutionsA legal institution is a

system of relatively isolated from others and interrelated legal norms that regulate a particular

group (type) of similar public relationships. Legal

institutions are a necessary element in the system of law. Typically,

each branch of law has its legal institutions as a

separate structural unit.

The place of legal institutions in Ukrainian system of law

Legal institutions are a necessary element in the system of law. Typically, each branch of law has its legal institutions as a separate structural unit.

For example, the branch of constitutional law include «Institute of civil society», «Institute of suffrage», etc. Within the branch of civil law there are institutes of «purchase and sale», «representation», «inheritance», «compensation for damages» and so on. Criminal law — institutes of

«self-defense», «emergency», «detention of a person who has obviously committed a socially dangerous act», etc. Environmental law — Institute

of natural resources and objects ownership, Institute of nature management, Institute of natural resources and environment legal

protection, etc.

Classification of legal institutions

branch

• consist of one branch norms, they are easy to identify by the head title of the Code. For example, the institutes of labour law are:

• a collective agreement;• a contract of employment;• working time;• rest time;• valuation of labor;• payment for labour, etc.

interbranch

• includes norms of different branches that can only be determined by the content of legal norms:

• Institute of responsibility for environmental offenses;

• Institute of private ownership.

Classification of legal institutions

• Institute of mines;

regulative

• Institute of criminal responsibility;• Institute of law by the

subordination in the legal regulation;

protective

• Institute of contracting;

substantive

• Institute of a criminal case.

procedural