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Intersectoral principles of law: concept, examples. Branches of Law

The principles of law are the initial principles, ideas and provisions that make up the organizational and moral basis of the formation, functioning and development of a particular legal system. It is on principles that the dynamics and implementation of the provisions of the legal field are based. They express moral guidelines, feelings, philosophical views and other important elements. Our article will talk about general legal and intersectoral principles of law.

Russian system of law

The first feature that should be noted when considering the functioning of the domestic legal system is the presence of many legal sectors. All sectors are divided into institutions, and institutions are divided into norms. The presented elements express the internal unity of the legal system due to prevailing social relations.

All existing norms are divided into material and procedural. The former regulate real social relationships. The latter establish a procedure for resolving disputes and conflicts.

Forms of Law

The legal system can take three forms. It is the form of the legal system that significantly affects the formation and existence of group and intersectoral principles of law.intersectoral principles of law

The first form is called Anglo-Saxon. The most important regulatory source here is a legal precedent - a court order, which has casuistic features. This form is valid in England, USA and some other countries. In Russia and a number of European states, the Romano-German form of law is widespread. She has such features as systematic and strict legislative codification. In the Roman-Germanic system, there are not many intersectoral principles of law, mainly individual characteristics for each individual legal group predominate.

The latter form of law is called religious. It is characteristic of countries with a theocratic system, where sacred books, canons, dogmas, customs, and other non-legal elements act as a legal source. For example, in Muslim states, the Qur'an is considered the main legal source.

Branch of law

The legal industry refers to an autonomous set of existing legal norms. The latter are included in the structure of the legal system. They qualitatively regulate a homogeneous image of social relations.

The division of the legal system into many different branches is determined by the many distinctive features of some social relations from others. Different legal spheres have different goals and objectives. In addition, each branch of law has unique characteristics. Here it is necessary to highlight a different subject, individual methods, the level of society’s needs in regulating the public sphere, and others. On the basis of signs, the specific principles of each branch of law are built. They are individual for each legal group, and therefore are called industry. There are also intersectoral principles of law, combining attitudes for several legal sectors at once. There are very few such principles in Romano-Germanic systems. In Russia, they even fit on the first pages of the Constitution.

Features of legal principles

The principles of law express the essence of legal systems, as well as reflect their functioning. Most of them are reflected in regulatory enactments. However, sometimes they, not being fixed, logically follow from the totality of legal norms.branches of law

Legal principles are characterized by a reflection in a concentrated form of the main aspects of political, ideological and socio-economic life. Because of this, the principle of law can be called a kind of legal ideal, reflecting the basic laws of social development. Principles are the connecting links between existing law and its laws.

All of them are fixed in the current legislation. This happens directly or indirectly. Significant human behavior is predetermined, and legal acts are drawn up on its basis. Moreover, it is acts that allow principles to possess a certain systematicity and stability.

Principle of democracy

What attitudes, ideas and rules are characteristic of absolutely all branches of law? The answer to this question should be based on the provisions of the fundamental law of our country. The Constitution stipulates that Russia is a democratic state. Therefore, the principle of democracy must be outlined. It is expressed in the legitimate provision of vast political opportunities to all segments of the population.general legal and interdisciplinary principles of law

The people can form state bodies, give authority to officials, and also influence the content of normative acts. All this is possible thanks to voting procedures, referendum, drafting applications and much more. Russians have the opportunity to use all forms of direct and representative democracy. This is manifested in all areas, and therefore, democracy can be called the most important intersectoral principle of law.

Principle of humanity

Any decision made by legislators should be aimed at ensuring and protecting the rights, freedoms and interests of man and citizen. The state is committed to protecting its people. This is the manifestation of humanism.

Humanity and respect for the individual, the creation of conditions for its normal development, the priority of rights and freedoms - all this contributes to the declaration of man as the highest value. True humanism is not limited to caring for only one person. No less attention should be paid to the environment, nature. When the state takes care of a person, it’s wonderful. But in no case should concern for one’s people overlap with respect for all of humanity as a whole. To do this, one should not forget about the assignment of certain responsibilities to people. After all, it is unlikely that peace and freedom can be achieved without using even the smallest element of state coercion.

Legality and justice

According to article 15 of the Russian Constitution, all laws in Russia must comply with international standards and directly with the document itself, which has the highest legal force and the rule of law. Citizens in our country are equal in their rights and powers. There is no element of dependence on religious, national, official, gender or any other affiliation. Everyone, no matter who he is, is required to comply with the law and be responsible for their violation before the court. All this constitutes an element of legality - the most important intersectoral principle of criminal law. It is called interdisciplinary because of the possibility of applying it to the criminal-executive and even administrative type of law.intersectoral principles of labor law

The principle of legality cannot exist separately from the idea of ​​justice. As you know, any law is a product of morality and morality. You can even say that the norms of justice take on a legal form, and, as a result, turn into laws.

The law must be fair: the sanction must be correlated with the nature and form of the deed, and the right of one person to end where the right of another begins.

Equality and unity of duty

Article 19 of the Constitution of the Russian Federation states that all Russian citizens have an equal set of rights - regardless of gender, religion or nationality.However, the norm is fixed here, according to which every person in Russia is obliged to comply with the laws. Here the principle of a harmonious combination of rights and obligations is formed: one element gives rise to another. Moreover, such a rule is characteristic only for countries with a Romano-German legal system. In Anglo-Saxon states, law is always superior to any duty.intersectoral principles of criminal law

Thus, any example of the intersectoral principle of law reflects one simple feature passing through all sectors of the relationship. That is, the criminal, civil, labor, administrative or any other areas are closely interconnected precisely by the elements under consideration. Here the flexibility of intersectoral principles is manifested. Criminal executive law, for example, is based on humanity and personal responsibility. The same principles are characteristic of civil law.

For a more detailed study of cross-sectoral provisions, it is necessary to analyze the main legal areas.

Criminal and administrative industry

Both criminal and administrative laws contain sanctions - measures and forms of punishment for certain types of violations of the law. This means that the spheres of law are related, identical. intersectoral principles of civil procedural lawHere are the principles that apply to the legal industries represented:

  1. Humanity and the protection of human rights. Disclosed in the presumption of innocence and publicity of the trial.
  2. Equality is right. All participants in the proceedings are completely equal in their rights. The trial itself is organized on the basis of competition.
  3. Legality. It is characterized by the inevitability and individualization of punishment, the economy of criminal repression, justice and so on.

Thus, industry principles merge into initial ideas and rules, which allows them to be attributed to several types of law.

Labor and civil

Intersectoral principles of labor law, as well as civil and civil procedure are considered identical. This consists in the equality of the parties. The parties to the contract and the parties to the working relationship have the same set of initial rights and opportunities. In labor, this is manifested a little more explicitly - in the form of freedom of labor.intersectoral principles of criminal executive law

In civil procedural law, intersectoral principles are related to criminal procedural, civil, administrative and labor rights. This is social justice, humanism, legality, as well as the unity of duties and freedoms.


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