DOI: 10.7256/2454-0706.2016.8.16374

Abstract: This article is dedicated to the examination of a relevant for the modern jurisprudence issue of separation of branches within the system of Russian law. The work covers one of the commonly referred to within the modern scientific literature subsidiary criteria of branch-formation – the principles of law. The author gives characteristics to the nature of the principles of law, including from the perspective of presence of the subjective and objective beginnings; place of the principles of law in the system of law; their main functions and importance for organization of the normative material within the frameworks of the legal system. The author substantiates the possibility of implementation of the principles of law as the subsidiary criterion of branch-formation, as well as presents the corresponding examples. Moreover, the article illustrates the opinions of the Soviet and modern Russian theoreticians of law the principles of law, as well as their role in the process of organization of the normative material in the legal system. The scientific novelty consists in a special examination of the principles of law as the independent criterion of differentiation of the branches in the legal system. This article is intended for a broad audience of readers, as there is no similar research on this topic in the modern juridical science.

DOI: 10.7256/2454-0706.2016.8.42831

Abstract: This article is dedicated to the examination of a relevant for the modern jurisprudence issue of separation of branches within the system of Russian law. The work covers one of the commonly referred to within the modern scientific literature subsidiary criteria of branch-formation – the principles of law. The author gives characteristics to the nature of the principles of law, including from the perspective of presence of the subjective and objective beginnings; place of the principles of law in the system of law; their main functions and importance for organization of the normative material within the frameworks of the legal system. The author substantiates the possibility of implementation of the principles of law as the subsidiary criterion of branch-formation, as well as presents the corresponding examples. Moreover, the article illustrates the opinions of the Soviet and modern Russian theoreticians of law the principles of law, as well as their role in the process of organization of the normative material in the legal system. The scientific novelty consists in a special examination of the principles of law as the independent criterion of differentiation of the branches in the legal system. This article is intended for a broad audience of readers, as there is no similar research on this topic in the modern juridical science.

DOI: 10.7256/2409-868X.2016.2.18232

Abstract: The article is devoted to characteristic of the normative complex – the educational law as element of the system of Russian law. The genesis of views of the native theorists about the nature of rules of educational law and its place in process of legal regulation is briefly described in this article. The author examines the problem of the subject and the method of educational law, as well as establishes a correspondence between educational law and some criteria of differentiation of branches of law – principles and functions of law, complex of separate terms and legal constructions, codified legal act in the system of legislation. Various points of view of the modern researchers about the status of educational law and its place in the system of law are baieng analyzed in the article. The author used general scientific methods and approaches during the process of writing this article: method of analysis, method of ascent from the abstract to the concrete, systems approach, historical approach, and some special methods of jurisprudence: formal-legal method, comparative law method, legal interpretation method. The article may be interesting for a wide range of readers: both for researches of general problems of the theory of law and researches of questions of educational law, and perhaps for legal practitioners. The result of this research is that author makes a conclusion about forming in the system of modern native law an independent branch of law – the educational law. This conclusion was made as a result of using some methodological approach – using of complex of criteria of differentiation of branches of law (basic and subsidiary). This methodological approach may be useful for other fields of jurisprudence too. By the way research findings of this article may be used in lawmaking and enforcement activity in sphere of regulation of the educational relationship.

DOI: 10.7256/2409-868X.2015.6.16638

Abstract: This article is devoted to research of the actual juridical questions of the nature of the principles of law and the differentiation of branches of law. Genesis of the concept “principle of law” in domestic jurisprudence is described in the article – beginning with views of pre-revolutionary theorists, including notions of soviet lawyers, ending with points of view of modern researchers. More over principles of law are justified in this article as one of the subsidiary criteria of differentiation of branches of law. The author characterizes the nature of the principles of law in terms of objective and subjective in law, their location in the system of law and main functions. By the way in the article the opportunity of using of the principles of law in process of differentiation as subsidiary criterion are described, and some examples are provided. Also the author of the article provides, analyzes and comments soviet and modern theorists’ points of view about the principles of law, and the role of principles in organization of rules of law. The article will be interesting for wide range of readers: for researchers of the system of law and criteria of differentiation of branches of law, researchers of separate branches of law and practitioners.

DOI: 10.7256/2409-7136.2015.4.14518

Abstract: The article is devoted to the characteristic of domestic jurists’ theoretical views about the structure of the system of law, and about the criteria for the formation of branches of law. Different variants of differentiation of branches of law proposed by the domestic lawyers during the discussions about the system of law and by the modern authors are described and analyzed in this article. Moreover, the author comments on the most common views about the introduction of new criteria of the branches formation into the theory of law. The author enumerates their advantages and disadvantages and compares them with the theoretical propositions of Russian theorists of the pre-revolutionary period of domestic jurisprudence development. The author uses the general scientific methods and approaches: the methods of analysis and synthesis, analogy, abstraction, the historical and system approaches, and the special methods of jurisprudence such as the method of comparative jurisprudence and the formal legal method. The scientific novelty of the article lies in the fact that the author proposes the classification of the criteria of the branches formation according to their theoretical value and functional purpose and suggests the elaboration of the theoretical model – a set of criteria which can help to resolve the question about the existence of an independent branch of law in the system of domestic law.

DOI: 10.7256/2409-868X.2015.3.15199

Abstract: The article is devoted to the short review of theoretical views of system of the right of the outstanding domestic scientist-jurist – S. S. Alekseev. The author lit and analysed the key moments of work of S. S. Alekseev "Structure of the Soviet right" concerning questions of a structural structure of system of the right, a ratio of the concepts "the system is right" and "structure is right", values of the codified acts for system of the right. The main attention in article is paid to the analysis of the factors having the defining impact on structure of branch of the right both its character, and given and described by S. S. Alekseev in comparison with the theoretical criteria of differentiation of branches of the right offered by modern researchers of the right. When writing the present article by the author traditional general scientific methods and approaches and special and legal methods are used. The author of article gave criticism concerning each of the designated points of view about criteria of an otrasleobrazovaniye, opportunities and prospects of use of such criteria in the course of differentiation of branches of the right are described. Also the author of article characterized the theoretical conclusions concerning structure of system of the right made by S. S. Alekseev in the light of modern public and legal realities, their indisputable scientific value as basic basis for new researches of system of the right and its structure is emphasized.