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    1. Sources and system of the law.

Under the source of law the modern jurisprudence understands official and different ways of expression and fastening of norms of the right, giving of obligatory legal value by it. In other words, it is the external form of expression of the right.

As forms (sources) of the right admit: legal custom, legal precedent, the legal doctrine, contracts of the standard maintenance, the regulatory legal act, religious norms.

The legal custom represents custom which was recognized also approval from the state and, hence, its protection.

Legal precedent – the main source of the right in the states belonging to an Anglo-Saxon legal family. Legal precedent is understood as the decision of judicial or administrative bodies on concrete business which is accepted for an obligatory rule at the decision subsequently similar affairs.

The legal doctrine are theoretical positions, scientific theories of legal character in which the major principles are formulated, legal categories, concepts, views of scientists – lawyers.

Contracts of the normative maintenance represent the agreement between the subjects, called to settle their relation by fastening of the mutual rights and the duties, which subjects undertake to carry out voluntary.

Religious norms are based on religious views and play large role in societies where this or that religion is official, nation-wide.

The Regulatory legal act in the majority of the states is the main source and the right form. It represents the certificate fixing norms of the right, that is the rules of behavior established by the state and provided with possibility of application of compulsion from the state. For the regulatory legal act following signs are characteristic:

  1. The standard legal certificate proceeds from the state;

  2. There is a special order (procedure) of acceptance of this certificate;

  3. The written form and the certificate is used made out in a special kind;

  4. The hierarchical subordination based on various validity of separate certificates;

The certificate maintenance is made by behavior rules.

Standard legal certificates are subdivided on two big groups: laws and certificates. Laws are accepted by representative bodies, subordinate legislation – all other authorized bodies and officials.

The law is the standard legal certificate accepted by representative (legislative) authorities in a special order, regulating the most important for society life public relations and possessing the higher validity.

Laws are subdivided on constitutional and flowing.

The law system represents the structural organization of the right which is caused by objective conditions of its existence and provides internal unity and consistency of the right.

The law system includes some the basic components: branches of law, subbranch, legal institutes and norms of the right.

The branch of law is a set of norms of the right regulating qualitatively homogeneous group of public relations. It differs an originality of a subject and a method of legal regulation (constitutional, the labor law, civil, family, criminal, etc.). The subject of legal regulation is made by the public relations regulated by granted set of norms of the law. The method of legal regulation represents set of various ways of legal influence of branch of the right to the public relations which are a subject of its regulation.

Some relatives on character of regulation of legal institutes form subbranch of the law (as a part of civil law exists author's, patent, etc.)

The legal institute is a component of branch of the right, representing set of the rules of law regulating a certain kind of homogeneous public relations (the labor contract, payment, working hours, rest time. In the labor law and др).

Primary element of system of the right is the norm of the right – a concrete rule of behavior.

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