Law is one of the most extensive, complex and important topics in world jurisprudence. It is the system of rights that provides society with the regulation of its relations and establishes certain orders, the observance of which greatly facilitates our lives. This article will examine in detail the substantive and procedural branches of law - the two main branches that every citizen needs to know about.
Definition of law
To begin with, it is worth determining the term “law” itself. What does he mean?
Law is a list of certain rules and norms established in society that are regulated by law. These norms and dogmas are responsible for regulating relations between subjects of the social environment and for creating a certain communication system within it, in which the personal rights of all people (life, freedom, education, etc.) remain inviolable.
Functions of law
Before moving on to certain branches of law, it should be clarified what the functions of law are and what they consist of.
The functions of law are the primary, most important features and characteristics of the impact of legal norms on creating order and regulating relationships between subjects of society. They reveal the very essence of the legal system, its goals and objectives. These functions are expressed by the following points:
- The list of all legal functions and their contents directly depend on the root essence of the law itself and its place in the system of the whole society (according to which legal systems in different countries are of completely different types).
- All functions that occupy a place in this list are quite stable, that is, they do not change over time. They also carry out such regulated control and supervision of social processes, without which society simply cannot do (there would be nothing to replace them in the same way).
- The direct legal “filling” of all these functions, unlike their list, is generally quite dynamic and able to change under the influence of any external factors or in connection with a change in the course of the political and legal system of the state (which, however, should be seriously substantiated by a good political reason )
- Legal functions are characterized by a systematic approach, that is, they are expressed, as a rule, through legal processes and phenomena of a different kind than the law itself.
The main task of law
The main goal that confronts substantive and procedural administrative law, as well as any other type of law, is the creation of an orderly system in which all relations between public entities will be organized and regulated. These relationships, respectively, are based on those behaviors that provide for international law.
The main functions of law, reflecting its main task, are as follows:
- The regulatory function assumes the maintenance of order to establish competent relations in society, determines the rights and obligations, as well as how to use them by subjects of legal and public relations.
- The protective function ensures the protection of the rights of a particular individual against violations by other subjects of public relations or persons involved in government activities. This important function also regulates the ways in which the violator is subsequently liable for his legal violations.
- The evaluation function allows you to give a behavior or social action a behavioral assessment based on the principle of legitimacy or lack thereof in a given specific situation.
- The function of influencing people's behavioral models and their consciousness from the point of view of social integration is a function according to which subjects of public relations somehow form any kind of social setting, develop their own system of motives based on a vision that is dictated by law. Promotes the formation of ideology.
Definition of substantive law
Substantive law is a term related to jurisprudence, which denotes a certain set of norms from the law in its usual sense; this totality is directly responsible for the regulation of relations between the subjects of society and the economy, that is, the communication of people and their enterprises with each other and with each other. The codes of substantive law determine and establish such important elements of public life as:
- modern forms of property ownership;
- the legal status of each of the citizens of the state;
- official powers, rights and obligations of state executive bodies or any other authority;
- measures by which decisions are made to determine the degree of responsibility of citizens for any offenses;
- branches of substantive law, the list of which is as follows: administrative, civil, land, constitutional, customs, labor, tax, family, financial, labor, criminal and penal law;
and much more.
Thus, the object of such a legal branch as substantive law can be designated in the form of material relationships between people: property, related to family or work, and others. Most of all available branches of law in one way or another relate specifically to substantive law.
Definition of procedural law
Procedural law, on the other hand, is such an industry of the legal and regulatory aggregate considered in this article that is directly responsible for regulating the system of procedures for the exercise of substantive law and the procedure for all participants in legal relations to fulfill their direct duties (usually related to legal proceedings). This is the main difference between the two branches represented: international substantive and procedural law differ primarily in their functions.
Procedural law defines and establishes a system of rules that is capable of ensuring the correct observance of substantive law and its protection. The processes that it regulates by virtue of its legislative powers include:
- the process of investigation into the crime of any kind;
- the process of legal assessment and verdict in criminal, arbitration, civil or other proceedings related to the constitution of cases;
- branches of procedural law, the list of which is as follows: arbitration (such procedural law is found exclusively on the territory of the Russian Federation), civil, administrative and criminal procedural.
The substantive and procedural rules of law are directly related to each other and most often depend on each other, although, in fact, the second simply ensures the efficiency of the first. However, in the same line with the main legal branches in the Russian Federation, there may appear branches called “complex” - for their formation, as a rule, there are, as a rule, several main divisions of law. These complex systems of law include: business, banking, commercial, agricultural, transport law. All the largest branches of law are one way or another subdivided into small ones, forming a system with many branches and variations.
Thus, the ratio of substantive and procedural law can be distinguished as the ratio of content and form.
Differences between the two industries
As mentioned above, the two systems of legal regulation considered in this article are inextricably linked with each other, and differ in purpose and objectives. If substantive law is dominant and fundamental, since it is it that is responsible for regulating the relationships of people in society and establishing the order of their interaction in all spheres of public life, then procedural law provides substantive support at the judicial level. Its clear and specific requirements provide a regulated procedure for conducting all legal procedures, which include:
- an indication of the time frame in which citizens actually apply to one or another state body in case of violation of their rights;
- establishing official procedures for calling witnesses;
- the establishment of conditions for a possible appeal against a verdict issued during a trial;
- determination of the official duties of persons involved in the judicial system, as well as in judicial proceedings in principle.
If there has been a criminal offense, then procedural law provides the order of work of bodies of inquiry and further investigation in a criminal case.
A characteristic feature, including due to which the substantive law rules differ from the procedural law, is that procedural law is for the most part responsible for the systematic regulation of the legal actions of those subjects of the social system that represent the authorities of their country, that is, are located in various government agencies. This indicates that, by and large, procedural law is a mechanism for servicing civic needs, but society certainly needs it for more significant reasons. In particular, due to the fact that it ensures the effectiveness of legislative processes and the protection of litigation.
If we summarize all of the above, it turns out that the substantive and procedural law, examples of which will be presented below in the corresponding section of the article, differ from each other on the principle that the former supervises that citizens adhere to the rules adopted by the state system, and the latter takes clarification of how the members of society should achieve this.
Legal grounds for judicial revocation
In this part of the article we will consider the measures required by law that are necessary for implementation in case of violation of the application of substantive and procedural law. The document taken as a basis is the Code of Civil Procedure (State Procedural Code), in which we are interested in 363 and 364 articles.
According to the content of these articles, the cancellation of court decisions in some cases can be made not only in cassation proceedings (i.e., cancellation of decisions of lower courts that have not entered into force), but also in the order of supervisory review (cancellation of decisions of lower courts or cassations that have already entered into force) authorities).
About violations
Violation of substantive and procedural law takes place in three specific cases, which are as follows:
- In the course of the proceedings, the court did not take advantage of the law, which had to be used.
- During the trial, the court took advantage of the law, which was not necessary or strictly impossible to use.
- The court in the course of the proceedings incorrectly interpreted a law.
Let us examine in more detail violations of substantive and procedural rules of law by examples. The first case becomes probable when the court is engaged in the decision of any process, without taking into account the rule of law that directly regulates the legal relationship considered in this judicial procedure. An example is the case in which a court refuses the plaintiff to satisfy his request to recover a material fine from an organization for non-compliance with legally agreed agreements (in other words, forfeits), although if you look at the intricacies of the legislative system, you can find specific articles of the law governing the payment of this penalty precisely in those cases, in one of which the plaintiff himself turned out to be. This is a clear violation of substantive and procedural law.
In the event that the court at the official legal level did not indicate which law it relied on in the process of making its decision on any case, however, it came to its resolution, guided by the correct legal norm, it cannot be argued that it I did not use the correct law to be used in this process. This subtlety can skillfully isolate the court of cassation proceedings, which is obliged to determine the law, on the basis of which the conclusions were made regarding the whole case. The conclusion that the court verdict has no legal basis is possible only when, in the process of bringing the matter to a decision, deviations from the law that is responsible for regulating the disputed relations of legal entities were allowed.
The second point is most often based on the banal lack of the correct qualification of the legal relations considered in a particular case. The following situation can be cited as an example: the customs authorities filed a lawsuit against the court for the destruction of a car not subject to customs clearance, and the court, in violation of substantive and procedural law, applies in this case the rules of another law (for example, civil law). The same violation also accompanies situations when the court uses some law that entered into force some time after the occurrence of conflict relations between the subjects of law and cannot be repealed, or the law, which legally no longer has any reason to be realized.
Violation of procedural law
If the law was misinterpreted, this can be determined by the fact that the court applying the law does not have a correct idea of its substantive essence, which means that it draws a conclusion devoid of any true grounds about the rights of the disputing parties, their obligations and other nuances related to the case and directly influencing his move. This may include, among other things, incorrect ideas about the intricacies of the material and procedural branches of law.
It is important to take into account that any violations in the judicial procedure, just like those that do not comply with all the norms of applying the set of legal rules, procedural rights can become the basis for deciding to cancel a court verdict only if this verdict contributed (or could contribute) to the fact that the entire legal case has been resolved incorrectly. Causal relations between the legal errors made by the court and the consequences that the participants in the legal proceedings have suffered, in this case are established by the cassation proceedings, which, on the basis of all possible criteria, make decisions on this or that process.
In the above articles, on the basis of which this section of the article deals with various violations of legal proceedings, there are two important reservations regarding violations of public and private substantive and procedural law.
According to the first, a particular court verdict cannot be rejected and deprived of its legal force only on formal grounds - this reservation will not allow the annulment of a court decision if it was motivated solely by the liquidation of violations committed during the process, which, nevertheless, were not have no effect on the final outcome.
According to the second reservation, there is a list consisting of certain violations of procedural law, which in no way can be considered as formal and are sufficient grounds for the mandatory annulment of a court verdict. These violations violate the fundamental rights of citizens of the Russian Federation who defend the Constitution and even international law, and their presence in legal proceedings means a partial or complete absence in it of the principles of impartiality, impartiality and justice.
Private and public law
Having examined the violations of substantive and procedural law, we move on to the next section of our article. In the modern legal system, taking into account the current goal and objectives of legal relations, two main regulatory blocks can be distinguished, which are private and public law, which correlates with the two main sectors that are considered in this article.
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Differentiation criteria
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- Subjectivity. If public law is involved in the regulation and supervision of relations arising between private individuals and structures of state bodies, then private law takes on the relations between all private individuals who do not have any power competencies.
From all of the above, we can conclude that public law most likely corresponds to the authoritative and subordinate factors of the system of legal relations, while private law ensures the freedom of the rights of individuals and the protection of their personal initiatives in the process of interaction with each other in the social environment. These branches, just like all previous ones, are connected with each other, since private law is not able to function correctly without public due to the fact that it relies on it and is somehow under its legal protection.
Total
So we examined such a complex area of legal knowledge as law, and in particular, studied the substantive and procedural norms of administrative law - these are the two most important branches of this science. Also, the article examined some other types of regulatory systems data, which helped to fully reveal the given topic. We hope that you have found all the answers to your questions during the study of the material, especially regarding the differences between substantive law and procedural law.