The Institute is a legal category that every lawyer should know about!

The legal institute is one of the most important categories of jurisprudence. This concept is closely intertwined with virtually every category of law, is interconnected with norms and inextricably with the theory of states and law.

Study of the term

The Institute of Law is a group of acting legal norms, which, for certain features, are isolated and interrelated. They can regulate a homogeneous social relationship, can be united through an object, and can be subdivided into several internal subcategories. It is important to understand that the institution is only a separate group of norms, it is inextricably linked with other elements of law.

Basic directions of understanding

In the field of jurisprudence, at the moment, the main areas of understanding are:

• The Institute of Law is the union of several norms into one group. A striking example of this can serve as articles of the Labor Code of the Russian Federation governing the procedure for concluding a contract, its essence and content.
• The Institute of Law is a set of legal norms united on the basis of regulating identical social relations.

As we know, the division of the right into industries is conditioned by various kinds of relations. At the same time, the institution is only a certain type of interaction between people. In comparison, the institute is a smaller, but not important, legal direction.

In the industry, we can distinguish countless institutions. And while they are qualitatively different from each other. So, for example, in criminal law, the institution of crime, the institution of punishment, the institution of criminal responsibility or release from punishment is singled out.

Signs and main features

A legal institution is one of the many legal categories that can be identified by the following criteria:

1. Single actual content.
2. Legal homogeneity.
3. Completeness of relations subject to regulation. Here it is important to note that non-observance of this feature generates gaps in the law.
4. Legislative isolation. Often, institutions are combined into chapters and sections.

The Institute is, in addition to what has been said, a divisible category. An example of this is civil and labor law, where, along with civil litigation, the plaintiff and the defendant stand out as separate institutions. Along with them there are statute of limitations, representation, pre-trial order of settlement of disputes and so on.

About classification

The institutions of society are a category that consists of an ordered set of legal norms, qualitatively homogeneous, but with some differences.

First, the institutions of law can be subdivided depending on the field of regulation of public relations. So, science and practice are familiar with civil norms, criminal, constitutional, administrative, budgetary, criminal-executive branches and so on.

Depending on the subject of regulation, they can be subdivided into material and procedural. Material - these are the provisions that establish the possibility of the origin of a legal fact. Procedural norms are those provisions that regulate the procedure for the implementation of certain actions.

In addition, institutions can be subdivided into sectoral ones, which are oriented strictly to homogeneous social relations, and complex ones that combine articles from different areas of law.

Simple and complex institutions as one of the bases of classification

Recently, more and more often in the state and jurisprudence began to form relatively new branches of law. The system of institutions is a multifaceted concept, therefore division into simple and complex (complex) branches is one of the main reasons for classification.

So, a simple institution is focused strictly on the norms that regulate similar social relations. Striking examples of this are the institution of the termination of marriage, which is vividly reflected in family legislation, the institution of pledge in civil legal relations, the institution of gambling.

A complex institute is also called integrated. It is a set of norms that are related to qualitatively different social relations, but they are connected for one reason or another. One of the clearest examples is the institution of property, which, as can be seen, reflects in its essence not only the norms of the civil, but also of the family, administrative and other branches of law. Despite the heterogeneity of the listed articles, the complex institute of law has a single subject.

Sub-sectors of law

All institutions of law are made up of different sub-sectors. The system of the latter is an intermediate link between the industry and the institute:

• Inventive right, copyright belongs to civil legislation;
• Taxes - the sub-sector of finance;
• And municipal belongs to administrative legal relations.

A sub-sector is the aggregate of the largest institutions that regulate several areas of homogeneous social relations. As part of the Constitution, you can distinguish parliamentary law, electoral, presidential, and so on. It should be noted that unlike the institute, this concept is not mandatory, for example, in the land law, there are no sub-institutions.

The importance of legal institutions, industries, sub-sectors is reduced to the fact that it is these components that determine the essence of each rule, as well as the limits of its operation.