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Milinchuk D.S. The System of Law in Terms of Industry Differentiation

DOI: https://doi.org/10.15688/lc.jvolsu.2020.3.6

Darya S. Milinchuk, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law and Procedure, Moscow State University of Humanities and Economics, Losinoostrovskaya St, 49, 107150 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-4538-1575


Introduction: in the modern scientific legal literature, there are many judgments about the structuring of the system of law. The legal scholars are divided into two opposite camps: some support the position on the need to divide law into branches, while others defend the point of view that the concept of system of law is a kind of scientific and legal rudiment and does not have practical utility and significance. One of the reasons for these trends is the lack of a monistic approach to the criteria for dividing law into branches. The paper presents an overview of the modern scientific concepts of the theory of the system of law. Methods: the study of the system of law is impossible without the use of a set of methods of scientific knowledge, which include: legal analysis, the system-structural and dialectical methods. Results: the method developed by the author for distinguishing the branches of law is based on the analysis of a certain set of legal norms from the point of view of its subject (the group of public relations), the conceptual and categorical framework, the autonomy of functioning and the homogeneity of public relations. Conclusions: as a result of the research, the role and practical significance of the category systems of law in the legal science and practice is revealed. It is established that the division of law into branches helps to more effectively implement the departmental rulemaking, correctly plan the corporate activities of many legal entities, as well as competently organize the educational process and training of highly qualified specialists.

Key words: legal system, branch of law, element of legal system, subject of legal regulation, method of legal regulation.

Citation. Milinchuk D.S. The System of Law in Terms of Industry Differentiation. Legal Concept, 2020, vol. 19, no. 3, pp. 47-51. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.3.6

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