All about tuning cars

What you need to know about international law. International law. Chapter Ten International Law

All legal norms are needed to settle. public relations.

Consider in the article the concept and norm material law.

Substantive law

At any legal system There are procedural law and material law. The right procedural, as a rule, ensures the consolidation of certain public relations and gives a concrete legal nature.

Material law is always aimed at implementing certain provisions. By establishing provisions, the state can, with this, determine the order to fulfill them.

It can be said that the material law is such a complex that includes criminal acts, constitutional, administrative and civil Acts. Such a system can provide an impact on the relationship in the society of government power with direct regulation.

The norms of financial law

The norms and procedure for implementing them are enshrined in procedural positions. Provisions provide conditions for protecting them. The system is divided into various disciplines and institutes.

Institutions include:

  • Pension law.
  • Suffrage.
  • Ownership.
  • Other directions.

Such a system reflects the existing economic relations in the state. The material law also provides, the so-called, maintenance of structures, developing and changing with them.

Subject of financial law - public relations. They are usually associated with the living conditions of society. Norma procedural law Can regulate social relations, and relationships are formed during the implementation of material rights.

It can be said that the procedural industry is a form of implementation, and the form determines directly the state. Material law, in turn, has greater impact on ensuring the legality in the country than procedural.

Law enforcement and legality in any country is provided directly procedural acts, but regulations Material rights are already providing regulation of civil and public relations that already exist.

Without legislation I. procedural provisions The legal relationship cannot appear. These norms in other words are a certain form of existence of material provisions, providing all implementation processes.

The norms of material and procedural rights are very closely interrelated. The state of law enforcement in the country and legality will always depend on their interactions. Separation of all legal norms The material or procedural can be clearly understood due to the legislative essence of a certain industry.

Signs of violation of the norms of financial law

The norms of material rights are recognized as violated or incorrectly applied, if:

  • the court did not apply the law that is subject to use;
  • the court applied a law that is not subject to use;
  • the court incorrectly interpreted the law, according to 363 articles GPK RF.

Non-exploitation of the law as a violation of the norms of financial law

The non-use of the law, which is subject to use, is manifested in cases where the court decides the case without taking into account the rule of law, which regulates the legal relation in question: for example, refusal to a citizen in a claim for recovery from legal entity The penalties for the exceeding the construction time of the residential building, intended to meet the needs of the plaintiff, on this motive, that the contract between the plaintiff and the contractor, the penalties are not provided for, although in this case the attitudes have been settled by the Law of the Russian Federation "On Protection of Consumer Rights", and by His 28 articles, an erroneous not applied by the court, in violation of the established deadlines of the execution of the work, the Contractor pays to the consumer a penalty in the amount of this article defined.

If the court noted in his own decision of the law, which he took for the leadership, but ruled on the basis of the appropriate norm, it is impossible to conclude that the law that is not used is not used. This lack of court decision by the elimination court of cassation, indicating the law, on the basis of which the case was allowed.

Note 1.

The conclusion about the illegality of a court decision can be made only if the case was resolved in contradiction with legislation, which regulates the controversial legal relationship.

Application of a law not subject to use as a violation of the norms of financial law

The application of a law that is not subject to use is usually incorrect legal qualification Formed relations.

For example, on the suit customs authority On the recovery of the car, which was not customs clearance, the court applied to relations that are regulated customs legislationNorma civil law. Such a violation will occur in cases where the Court uses the law, which was enacted after the emergence of the disputed legal relationship and not possessing the inverse force, or the law that was recognized as invalid.

Incorrect interpretation of the law as a violation of the norms of financial law

The incorrect interpretation of the law is expressed in the fact that the court, using the law, which is subject to use, incorrectly understood its content and meaning, in connection with this makes the wrong conclusion about the duties and rights of the parties.

For example, using claim for a statement of a third party, which does not declare independent claims with respect to the subject of the dispute, and refusing a lawsuit on such a basis, the court incorrectly interprets 2 item 199 of the Civil Code of the Civil Code of the Civil Code, by virtue of which the claim is used by the court only on the application Parties in dispute. Third parties can use procedural rights, fulfill the procedural duties of the parties on the case, but do not afford the right of the material dispute, do not have the right to dispute the subject of the dispute, according to 43 Articles of the Code of Civil Procedure of the Russian Federation, in this regard, they do not have the right to handle appointment of limitation in relation to the subject of the dispute.

Consequences of violation of substantive law

Incorrect application or violation of the norms of material law seems to be the basis for cancellation of a court decision only if it could lead or led to incorrect permission. The question of how affected by the court material violation on loyalty of the court decision, and, consequently, the absence or availability of the grounds for its cancellation, cassation instance makes a decision for each specific case, pushing out:

  • the nature of the material violation;
  • the degree of its impact on the duties and rights of those participating in the case of persons;
  • other circumstances that matter to assess the legality of the court decision.

Note 2.

In 2 parts 362 of the Code of Civil Procedure of the Russian Federation, an important reservation is made that the correct judicial decision Essentially can not be canceled in one formal grounds. This rule eliminated the ability to cancel the decision only to eliminate violations that do not affect the final outcome of the case.

Together with this in 2 parts 364 Articles of the Code of Civil Procedure of the Russian Federation there is a list procedural disorderswhich are an absolute basis for cancellation of the court decision.

These violations may not be recognized as formal. If they are presented it is impossible to consider trial Fair, providing the right to be a hearing impartial court, which is created on the basis of the law. This affected the fundamental freedoms and human rights, which are defended not only by national legislation, but also by international legal norms, which are by virtue of 15 articles, 4 parts, the Constitution of the Russian Federation by an integral element of the law of the Russian Federation.

The cassation definition must contain:

  • conclusions for all significant legally arguments of the cassation complaint,
  • objections and presentation on them
  • the motives for which the court comes to its own conclusions,
  • the laws with which the Court is guided by, and in case of cancellation of the decision - by which it is recognized unfounded or illegal,
  • also, the actions that the Court must do under the new consideration of the case.

The indications of the court referred in the definition of which the court decision is canceled is transmitted to a new consideration, are mandatory for the court, which again considers this case in terms of the need to achieve material actions. Questions about the inaccuracy of either the accuracy of any evidence, the advantage of any evidence before otherwise, and what judgment should be taken in the case of a new consideration of the case, in such a definition cannot be predetermined.

The norm of financial law - This is the norm, acts as an initial regulator of public relations: contains a rule of behavior (rights, duties, prohibitions), on the basis of which a specific decision of the legal entity is possible. Such a norm is obligatory, formally defined and in the prescribed manner is assumed, changes and is provided by the state, it has a clearly defined structure - hypothesis, disposition and sanction; Content is a measure of freedom and justice.

The norm of procedural law - This is the norm, which establishes the optimal procedure for the implementation and protection of the norms of substantive law.

The norms of procedural law differ from the norms of material law a number of features:

1. Sophistication of the prescriptions. This is primarily due to the character of functions. procedural norms, their appointment:

If the function of the norms of substantive law is directly regulating the behavior, the appointment of procedural norms is to regulate the social relations that develop in the process of applying the norms of substantive law, to promote the results of the result provided for by the norm of financial law;

All prescriptions of the procedural norms are procedural, i.e. define the most appropriate procedure for the implementation of law-making law enforcement, constituent and control activities;

Many procedural norms determine the procedure for organizing state authorities and their competence.

2. The features of the addressees:

As a rule, the norms of procedural right are addressed to the subjects that are endowed with authority to apply the norms of substantive law;

The prescriptions of these norms are always as a categorical command regarding the subjects authorized to organize an enforcement process, and may contain dispositative foundations for interested participants in the law-conducting process.

3. Specific structure. They, like the norms of financial law, have a three-element structure, but:

The disposition of the procedural norm is the form of the implementation of the norms of financial law;

In the hypothesis of the procedural norm, the circumstances are determined by the content of the normative law, it is applied, that is, in the hypothesis of the procedural norm, it seems that there is a value of substantive law;

The derivative nature of the procedural norm determines the specifics and its sanctions, primarily expressed in this later, as the abolition of the law enforcement, adopted in violation of this norm.

4. The features of the procedural norms is that they are closely related to various techniques and methods that are used. government agencies When making their powers.

The value of procedural legal norms in both law enforcement and law enforcement is to improve activities. various organsinvolved in managing society. The procedural settlement of this activity ensures increasing responsibility, discipline and strengthening legality.