Classification of the law system

1 The law can be divided into substantive and procedural categories.

Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair practice and consistency in the "due process".

Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. The differences between the two need to be studied in greater detail, for better understanding.

2 The law can be divided into private and public categories.

The difference between private and public law is that public law is concerned with the structure of government, the duties and powers of officials, and the relationship between the individual and the state, while private law is concerned with both substantive and procedural rules governing relationships between individuals. Private law is concerned with private injuries, contracts, wills and the like.

3 The law can be divided into i nternal and international categories.

Internal law is the set of rules and regulations which govern a certain country

International law is the set of rules generally regarded and accepted as binding in relations between states and nations. It serves as a framework for the practice of stable and organized international relations. The term "international law" can refer to some legal disciplines: public international law, private international law

There are two law system of the world - common law system and civil law system. The difference between civil and common law systems is that civil law systems are codified systems, and the basic law is found in codes, while common law system resisted codification, and this law is not based on acts of parliament but on case law.

Hierarchy of the Kazakhstan Law

1 Constitution of the republic of Kazakhstan

2 International treaty and other commitments of the Republic of Kazakhstan

3 Constitutional and codifying lows

4 Laws and decrees of the President, having the force of laws and acts of Parliament and its Chambers

5 Acts of the Government, ministries and agencies (departments).

6 Acts of the Supreme Court of the Republic of Kazakhstan

7 Acts of the local authority.

 

Legal regulation: the concept, subject and method.

Legal regulation - carried out by a system of legal impact on social relations.

For a society to be organized and orderly, there should be some harmonization of diverse interests of both the individual and the community of people. This is done by means of social control, that is focused on the impact of human behavior. Regulation can be internal (self) and external (by others - either).

The system of social regulation important role belongs to legal regulation. Regulation can only be called such effects, which are placed quite clearly defined objectives.

The impact of the rules by which the objectives are realized, can be called legal. If under the influence of the legislation or the consequences of its provisions not provided for by law, and sometimes contrary to the purposes of the legislator, such an effect can not be considered legal regulation. Can not be considered legal regulation impacts shall take non-legal means. For example, the impact on the people through the mass media, moral, and legal education.

Subject of legal regulation

Law should not and can not regulate all social relations and social networks all people. Therefore should be precisely defined scope of legal regulation, that is, the links that need to be addressed right.

The scope of legal regulation should include relations with the following features:

- They are a reflection of both the individual interests of the members of society and the general social interests;

- They realized the mutual interests of the participants, each of which goes to a denial of their interests in order to satisfy both;

- They are based on an agreement to fulfill certain rules to be bound by these rules;

- They require compliance, the obligation of which supported a viable force

These features correspond to three groups of public: relations:

1) the relationship of people to share material and spiritual values ​​(property);

2) the relations between the imperious management of society (the state management of social processes);

3) the relationship to the rule of law (intended to ensure normal processes exchange of values ​​and management processes in the society). These relationships arise from a breach of the rules of behavior of people in the two areas.

Public relations, members of these groups are the subject of legal regulation, because by its nature can resist regulatory organizational impact and require legal regulation.

The nature and content of public relations depend features, character, ways and means of regulation.

Such a nature and type of social relations determine the severity of the legal regulation (breadth of legal action, the degree of binding legal regulations, forms and methods of law enforcement, the degree of detail in the requirements, the strength of legal influence on social relations).