5 . Concept , features, and the essence of law .

Right - a system of mandatory , statutory regulations or rules of conduct that establishes and implements state.

Usually perceived as the right set of rules of conduct established by the state as a compulsory and secured in case of their failure coercive power of the state. With this approach are the following signs law:

1) normative , ie it consists of rules of conduct that clearly define the rights and responsibilities of individuals and organizations ;

2) universal validity , ie the rule of law are binding on all members of society and all who are on the territory of the State , in case of violation of state law may apply coercion ;

3 ) always exist in writing and certainly couched in strictly the established norm of an act - law , decree , judgment;

4) nepersonifitsirovannost , i.e. absence of a specific destination ;

5) hierarchy of legal norms , their subordination : the rule of law have different legal force ;

6) special object of reflection : the law does not regulate any but the most important for society relationship - power, property , etc.

Summarizing the above features , the right can be defined as a system of mandatory , formally defined regulatory systems governing social relations and outgoing from the state, secured to implement coercion by the state.

In modern domestic jurisprudence has developed three basic approaches to understanding the right to: a ) standard , b) Sociology c) moral .

Assigning rights formulated in legal science in two ways. According to a first aspect , the purpose of law - to express the interests of the ruling class , serve as a means of repression, violence against other classes . A second aspect of the right sees the appointment to serve as a means of compromise , removing contradictions in society, to be an instrument of public affairs management . Hence, the right is treated as a means consent concessions.

As regards the law, they are understood as arising from its contents and destination main areas of legal influence on social relations . Distinguish two main functions of law - regulatory and guarding .

Regulatory function aimed at regulating , ordering of social relations , the establishment of rules of human behavior . In regulatory function appears the main purpose of law - organize social relations .

Protective function aimed at protecting the most important for society relations. This function has the task to ensure the requirements of laws , set the rule of law in society.

Apart from these , the right to perform some additional functions. These include educational , ideological , and other information

The principles of law are: humanism, rule of law, democracy, internal consistency , etc.

6. Sources of law and their views. System of law .

Source of law under modern jurisprudence understands formal and other ways to express and consolidate the rule of law , making them compulsory legal value . In other words, it is - the external form of expression rights .

As forms ( sources) recognized rights : legal practice , legal precedent , legal doctrine , the normative content of contracts , legal act , religious norms .

Legal practice is a custom that has been recognized and approved by the state and , therefore, its protection.

Legal precedent - the main source of law in the States belonging to the Anglo-Saxon legal family . Under legal precedent decision meant judicial or administrative authorities of the case, which is taken as the obligatory rule for solving similar cases subsequently .

Legal doctrine - this theoretical position , scientific theories legal nature , which set out the key principles , legal categories, concepts , beliefs of scientists - lawyers.

Normative content of the contracts represent an agreement between subjects , designed to regulate their relationship by securing mutual rights and responsibilities that actors undertake voluntarily implement .

Religious norms are based on religious beliefs and play an important role in societies where one or the other is the official religion , nation-wide .

 Legal act , in most states, is the main source of law and form . It is an act that secures the rule of law , that is, the rules of conduct established by the State and enable the application of state coercion . For regulatory act characterized by the following signs :

a) normative legal act comes from the state;

b) there is a special procedure (procedure) the adoption of this act;

c) use the written form and the act itself is made in a special form ;

d) hierarchical subordination , based on different legal effect of individual acts ;

d ) the content of the act constitute rules of conduct.

Normative legal acts are divided into two large groups: laws and regulations . Laws are passed by representative bodies , regulations - all other competent authorities and officials.

Law - a normative legal act adopted by representative (legislative ) authorities in a particular order , the most important for regulating the life of society and social relations has supreme legal force.

Subdivided into constitutional laws and current .

The system of law is a structural organization of law, which is due to the objective conditions of its existence and provides internal unity and consistency of the law.

The system of law includes several key components: the field of law , sub-sector , legal institutions and the rule of law .

Branch of law - this body of law governing qualitatively homogeneous group of public relations. It is peculiar subject matter and methods of legal regulation (constitutional law, labor law , civil, family , criminal , etc.). Subject of legal regulation of social relations constitute the subject to this body of law . Method of legal regulation is a set of different ways to impact the industry legal right to public relations, which are the subject of its regulation .

Several close in character form of regulation of legal institutions subsector rights (consisting of the civil law , there is copyright, patent , etc.)

Law Institute - is part of the field of law , which is a set of legal rules governing a certain kind of uniform public relations ( employment contract , remuneration , working time , rest time . In labor law , etc ) .

The primary element of the system of law is the rule of law - a specific rule of conduct .