Under the classification of the rights and freedoms of citizens, one should understand their division into certain elements that make up a set of legal norms. Each of them regulates a specific set of relations that arise in society. The types of law existing today are subdivided, in turn, into institutions of law. For example, the Constitution, which serves as a legal norm, the Constitutional Court are the institutions of constitutional law. More details - further.
Concept, classification
The law should be understood as a set of rules and norms determined and protected by the state power that regulate the relations that arise between people in society. It is a science that studies these norms. A right is nothing more than a legalized and state-protected freedom to do something. And finally, it is the opportunity to act in a particular way.
It is worth noting that inIn the modern legal system, all branches are divided into procedural law (the procedure and procedure for the implementation of duties and rights of objects) and substantive law (direct impact on relations that are relevant in society, as well as their direct regulation). In other words, substantive law is a specific and practical category, while procedural law is a general and theoretical one.
Varieties of substantive law
First, consider the classification of material rights. So, it is customary to highlight:
- Constitutional law. This category is the regulation of relations between the state and the individual. It is about the organization of the state and its constitutional characteristics.
- Administrative law is nothing more than the regulation of relations that arise between structures of state importance, as well as between officials. In addition, through the administrative legal branch, control over the public functions of the state is ensured.
- Civil law. We are talking about personal non-property and property relations, ownership of certain material resources (for example, real estate).
- Business law - the rules of law related to the organization and subsequent conduct of business activities.
- Labour law. This category represents relations in the field of the labor market and wage labor.
- Financial law. Here we are talking about relations in the field of taxation, securities and public money.
- Criminal law -public relations that are associated with crimes and other offenses. In this case, responsibility is relevant (one or another punishment provided for by the legislation in force in the country for a specific offense).
- Environmental law. This branch of law denotes the interaction of nature and society, environmental protection, and environmental safety.
- Family law deals with the regulation of family and property relations associated with them.
- Social Security Law. This category involves the distribution of part of the GDP among people through special cash payments, social services, social insurance, and benefits. It would be useful to include the implementation of the relevant rules of law.
Varieties of procedural law
Let's consider the classification of procedural rights. It is worth noting that this set includes much fewer elements than the one analyzed above. This includes civil law of the procedural type, criminal procedural law, as well as the arbitration process. It is advisable to add that the last category is characteristic only for the Russian Federation.
In addition to these industries, experts identify a number of other, more specific ones. Otherwise they are called complex. Here it is important to note the following categories of law: banking, agrarian, commercial, housing, transport, land, copyright, municipal, customs, criminal law.executive, as well as hereditary and criminal.
International law
In the classification of rights and freedoms, there is another legal branch. It is accepted to be considered separately. It's about international law. This is a completely different legal system, because all the previous varieties are related to domestic politics, and this one is directly related to foreign policy.
This element of the classification system of rights should be understood as a set of legal norms that regulate relations between states, as well as relations involving legal objects and subjects of foreign states. It should be added that this system, in any case, takes into account foreign legal features and regulations.
Classification of international rights:
- public law;
- private law;
- supranational law (we are talking about interstate relations).
Classification of subjects of law. Individuals
In Russian law, it is customary to distinguish between 3 categories of subjects. These are individuals (individuals); the state, as well as its bodies; organizations (associations). Having considered the classification of the rights and freedoms of citizens, it is advisable to move on to the subjects.
So, let's start with individuals. This category is formed by citizens, stateless persons, as well as foreign citizens. They constitute the largest, predominant grouping of individual subjects. Federal Law of May 31, 2002 No.62-FZ "On Citizenship of the Russian Federation" understands citizenship as a stable legal relationship that arises between a person and the Russian Federation. First of all, it is expressed in the complex of their mutual duties and rights (in accordance with Article 3). It should be noted that the citizens of the Russian Federation have the whole set of rights and freedoms enshrined in the Constitution. They bear certain obligations to the state and are under the auspices of the Russian Federation.
Foreigners
The classification of human rights and a citizen of a foreign state residing on the territory of the Russian Federation is similar to that discussed above. In accordance with the Federal Law of July 25, 2002 No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation”, it is customary to recognize a foreigner as an individual who is not a citizen of the Russian Federation, but at the same time has evidence that he has citizenship (in monarchies - allegiance) in. state (according to Art. 2).
You need to know that on the territory of Russia, foreign citizens use the rights established by law, and also bear the same obligations as citizens of the country. Exceptions are cases provided for by law. Foreign nationals cannot:
- to be elected and elected to federal government structures, state structures. the authorities of the subjects of the Federation, as well as to take part in referendums of the Russian Federation and subjects of the Russian Federation;
- stay in municipal service;
- to fill certain positions related to the composition of the crew of a vessel that sails under the State Flag of the Russian Federation.
- be employed in facilities as well as in structures,whose activities relate to ensuring the security of the Russian Federation;
- be called up for military service; nevertheless, they have the right to enter the service under the contract, as well as go to work in the Armed Forces of the Russian Federation, other troops and military associations as civilian personnel.
Stateless people
When considering the classification of the rights of citizens, it is important to take into account stateless persons. Russian law understands a stateless person as an individual who is not a citizen of the Russian Federation and does not have certificates regarding the citizenship of a foreign state. It is worth knowing that the legal status of these persons is equivalent to the status of foreign citizens. Of course, there are exceptions to the rule.
Organizations
The next category of legal entities is organizations (associations). You need to know that their legal personality is specialized, in other words, they have the rights and obligations that are necessary for the performance of their own tasks and functions (for example, a film studio does not have the right to make canned fish, and a fish factory does not have the right to shoot films).
There are many classifications of the presented category, designed for specific educational or scientific purposes. The most striking is the division of organizations into commercial and non-commercial.
Principles of law
Let's analyze the classification of principles of law. The principles of law should be understood as the fundamental ideas (provisions, beginnings) that characterize itessence, purpose and content, as well as determining law enforcement and legislative activities.
Today, the following classification of principles of law is relevant:
- General legal principles. It is advisable to include in this category the principles that extend their effect to the system of law as a whole. This is the principle of justice, legality, formal equality, humanism, unity of rights and duties.
- Cross-sectoral principles are nothing more than the principles underlying a number of legal branches (for example, the principle of publicity of legal proceedings in the UPP and GPP).
- Sectoral principles define and reveal the characteristics of the legal regulation of certain industries (the principle of the unity of a plot of land and real estate located on it, which takes place in land law).
- Principles of independent institutions of law. This category includes principles that apply to certain legal institutions.
Functions of law
Having considered the classification of human rights and freedoms, as well as the principles and subject composition of the category, it is advisable to move on to the functional. It is worth noting that modern jurists understand the functions of law as nothing more than the direction of the influence of law on relations that arise and develop in society. All legal branches implement two types of functions. Each of them is classified into several varieties:
- General social functions. It is advisable to include the following components:economic function (moving goods of the material plane and legal contracts); political function (work of political subjects); communicative function (relationship of management objects); environmental function (we are talking about environmental law).
- Special legal functions. These are functions such as regulatory (norms of behavior in public places, ensuring order in society); protective (in relation to social relations that are significant); evaluative (determination of the illegality or legality of actions and deeds); educational (influence on social behavior and inculcation of social rules).
It is worth noting that the listed functions of the category fully ensure the normativity of the life of society, and also reflect the process of legal influence and legal regulation.
Sources of law
In the legal literature there are many classifications of sources of law in accordance with various grounds. It is advisable to consider the main ones. Many researchers adhere to the division by significance or, as they put it, by legal force. It is worth noting that the norms of the international legal industry, to which the Russian Federation has joined, have more significant legal force than domestic laws. Among other sources, we indicate the following:
- Laws that have the highest legal value. They are adopted by the main legislative governing structures. It is worth noting that laws can be classified into constitutional, current and codified.
- Under-legislativeacts. Here it is important to highlight the Decrees of the President of the Russian Federation. It is they who bring clarifications, specifics to the issues of a controversial nature, which are enshrined in law.
- Additional measures to protect the population. It should be borne in mind that the deadlines for their implementation, as a rule, are specified in the Decrees of the Government of the Russian Federation.
Some scholars divide legal sources according to the coverage of the action in terms of territory:
- Federal. They operate throughout the territory of the Russian Federation. It is advisable to include federal laws here.
- Regional regulations. They are applied in the territories of individual subjects of the country.
- Acts of local importance. They take place in relation to the territories of specific municipalities.
- Local regulations. They operate within specific institutions.
Final part
So, we have considered the classification of civil rights, as well as the basic legal norms. In addition, they touched upon the issues of classification of principles and sources of law. It is worth noting that the last category is ambiguous. So, in modern society, different divisions are acceptable, and not just the ones mentioned above.
For example, you can designate a classification that identifies certain legal sources depending on the circle of subjects involved in legal relations. We are talking about general, applicable to all legal entities, and special, which are relevant only in relation to some subjects of legal relations.
Ifconsider the division of sources of law according to form, it is advisable to note the legal custom (it was he who, in the historical sense, appeared first). Judicial precedent is one of the forms of legal sources. By the way, he received the maximum recognition in ancient Rome. It became one of the key sources of national law in the USA, Canada, Australia and England. However, for the Russian national legal system, the submitted form of source is considered insignificant.
