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5. fundamental branches of law – основные отрасли права
6. specialised branches of law – специальные отрасли права
7. composite (complex) branches of law – комплексные отрасли права
1. Прочитайте текст и ответьте на вопросы.
1. How are branches of law classified in Russia?
2. Which branches of law belong to the category of fundamental law?
3. What do specialised branches deal with?
4. How do composite branches differ from fundamental and specialised ones?
The system of law in the Russian Federation is presented by norms, institutions and branches of law
which together make a single unity. The system reflects social relations regulated by specific norms
and institutions of law. For example the problems of marriage and divorce, child custody and adoption
are connected with the sphere of family relations and consequently regulated by the norms of family
law.
Branches of law are supposed to be one of the basic units in the whole system of law. Each
branch has its own peculiarities, which differentiate this very branch from the others,
its subject and
method and its own place in the system. For years Russian jurists have made attempts to classify
branches of law. Nowadays there are different subdivisions that are used by contemporary Russian
scholars. Thus as well as in most other countries law in Russia is divided
into public and private,
substantive and procedural, domestic and international. But there is one more classification which is
based on certain characteristics of Russian law. Traditionally Russian lawyers single out fundamental,
specialised and composite or complex branches of law.
Fundamental branches regulate the most
general and important relations in different spheres of social life. This category involves branches of
substantive law such as civil law, criminal law, administrative law, as well as procedural law including
civil, criminal and administrative procedural law. Constitutional law doesn’t
belong to the group of
fundamental branches. It is traditionally considered to have the leading position among other branches,
as the norms of constitutional law serve the basis for the norms of other branches. Constitutional law in
Russia concerns the structure of legislative, executive and judicial power and principles of their work;
the political system of the country; its federative structure; forms of property; electoral system; legal
status of citizens
including their rights, duties and liberties. The main source of constitutional law is
the Constitution of the Russian Federation.
Specialised branches of law deal with special areas of social relations such as family relations,
financial relations,
labour relations, etc. These branches are rather independent and their norms are
presented in special codes, for example the Family Code which is the primary source of
family law;
the Labour Code which is known to be the source of employment law, the Land Code which is the
source of
land law, etc.
Together with fundamental and specialised branches there are so-called composite branches.
Usually these branches don’t have their own codes. The relations arising in these spheres of law are
usually regulated either by the norms of fundamental law i.e. administrative, civil or criminal law or by
norms of specialised law for example financial law. This group includes such branches as business
law,
environmental law, maritime law, agricultural law, etc.
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