LawState and Law

Material and procedural law

Considering material and procedural law, first of all experts note some stability of these components of the discipline. Moreover, this division is recognized at the educational, professional, practical and doctrinal level. The fact that there is material and procedural law is due to the practical focus of legal action, the very purpose of regulating the arising relations.

At the same time, these components of the discipline require a sufficiently detailed, multidimensional, thorough and rational consideration. This is mainly due to the fact that both these blocks in the complex cover the norms of objectified law. At the same time, the questions of how the material and procedural law as a whole and in certain parts interacts are very ambiguous. It should be noted that the second concept is also interpreted ambiguously. This is especially noticeable in the context of the connection between the field of procedural law and procedural requirements in the legal field. As for the other block, in this sphere there are many options for solving the issue of the various directions that make up its structure. At the same time, each sub-sector of law, as well as the regulatory framework (legislation) as a whole is considered.

According to a number of authors, there are issues, the solution of which plays a dominant role. So, in connection with the emerging relations between the law and the constitution, priority tasks are assigned to the tasks of determining the procedural order. Along with this, there is an establishment of the content and future statutes. Today in the Russian legal discipline (guided by constitutional provisions) distinguish civil, criminal, administrative and constitutional division of law. In accordance with the existence of an independent codified position, the arbitration area is also distinguished in the discipline. In special sources there are also indications of financial or labor law as a branch of law. In this case, the civil regulatory system, as a rule, is viewed as a direction that covers not only the sphere of the same name. The norms of civil procedural law are also served by other material legal spheres.

The constitutional regulatory framework is considered as a single legal entity. This block is not divided into educational, doctrinal and normative components, which explains the material and procedural law.

It should be noted that this or that sphere of legal and normative management is expressed through one or several acts. At the same time, these acts may not be clearly divided into procedural and material components. In the opinion of several authors, this situation is due to the comprehensive sufficiency of the boundaries of the meaningful actions of the Criminal Code, the Arbitration Code, the Civil Procedure Code, and also the available legal and technical practice.

In the course of discussions on the legal system, the issue concerning the allocation of industry components within the framework of the procedural direction received a specialized, detached consideration only towards the end of the 20th - the beginning of the 21st century. Today, within this very direction, there has been some fragmentation. Earlier, during the formation of the exercise, the procedural law was viewed as a single system. It was called at that time a judicial law.

As for the standards of substantive and procedural legal direction, in the last century (in its second half), the importance of the relationship between them was noted. In general, this issue has been developed, to a greater extent, from the standpoint of normative legal systematics.

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