Legal institute is one of the most important categories of jurisprudence. This concept is closely intertwined with almost every category of law, interconnected with norms and inextricably with the theory of states and law.
Learning the term
The institute of law is a group of existing legal norms that, according to certain criteria, are isolated and interconnected. They can regulate homogeneous social relations, can be combined due to the subject, and can be divided into several internal subcategories. It is important to understand that the institution is only a separate group of norms; it is inextricably interconnected with other elements of law.
The main areas of understanding
In the field of jurisprudence, the main areas of understanding are currently developing:
- The institute of law is a combination of several norms in one group. A striking example of this is the article of the Labor Code of the Russian Federation regulating the procedure for concluding an agreement, its essence and content.
- The institute of law is a set of legal norms, united on the basis of regulation of the same social relations.
As you know, the division of law into sectors is due to various kinds of relations. At the same time, an institution is only a certain type of interaction between people. In comparison, an institution is a smaller, but not significant, legal direction.
Countless institutions can be identified in the industry we have named. And while they are qualitatively different from each other. So, for example, in criminal law the institution of crime, the institution of punishment, the institution of criminal liability or exemption from punishment are distinguished.
Signs and main features
A legal institution is one of the many legal categories that can be identified by the following criteria:
- Consistent factual content.
- Legal homogeneity.
- The completeness of the relationship to be regulated. It is important to note here that non-compliance with this feature gives rise to gaps in law.
- Legislative isolation. Often institutions are grouped into chapters and sections.
Institute is, in addition to the above, a divisible category. An example of this is civil and labor law, where, along with civil proceedings, the plaintiff and defendant stand out as separate institutions. Along with them there are statute of limitations, representation, pre-trial procedure for the settlement of disputes, and so on.
About classification
Social institutions is a category that consists of an ordered set of legal norms that are qualitatively homogeneous, but at the same time possessing some differences.
Firstly, legal institutions can be subdivided depending on the branch of regulation of public relations. So, science and practice are familiar with civil norms, criminal, constitutional, administrative, budgetary, criminal executive branches and so on.
Depending on the subject of regulation, they can be divided into material and procedural. Material - these are the provisions that establish the possibility of the origin of a legal fact. Procedural norms are those provisions that govern the procedure for the implementation of certain actions.
Among other things, institutions can be divided into industry ones, which are focused strictly on homogeneous social relations, and complex, combining articles from various areas of law.
Simple and complex institutions as one of the grounds for classification
Recently, comparatively new branches of law began to form in the state and legal science more and more often. The system of institutions is a multifaceted concept, therefore, the division into simple and complex (complex) industries is one of the most important grounds for classification.
So, a simple institute is strictly focused on the rules that govern similar social relations. Vivid examples of this are the institution of the termination of marriage, which is clearly reflected in family law, the institution of a pledge in civil matters, the institution of gambling.
A complex institution is also called a complex. It is a set of norms that are associated with qualitatively different social relations, but at the same time they are interconnected for one reason or another. One of the most striking examples is the institution of property, which, as you can see, reflects in its essence not only the norms of civil, but also family, administrative and other branches of law. Despite the heterogeneity of the listed articles, the integrated institute of law has a single subject.
Subsectors of law
All legal institutions are composed of various sub-sectors. The system of the latter is an intermediate link between the industry and the institution:
- inventive law, copyright belong to civil law;
- taxes - a sub-sector of finance;
- and municipal belongs to administrative legal relations.
A sub-industry is a combination of the largest institutions that regulate several areas of homogeneous social relations. The constitution can be divided into parliamentary law, electoral, presidential and so on. It should be noted that, unlike an institute, this concept is not mandatory, for example, there are no substitutes in land law.
The value of legal institutions, industries, sub-sectors is reduced to the fact that it is these components that determine the essence of each norm, as well as the boundaries of its action.