Designed to ensure regulation and streamlining of social relations. This is done depending on the available functions and the tasks facing them.

Any legal system includes procedural and substantive law. The first group ensures the consolidation of existing social relations, thus giving them a legal character. Substantive law is aimed at implementing these provisions. By establishing them, the state also determines the procedure for their implementation. Thus, substantive law is a complex that includes constitutional, civil, administrative, and criminal acts. This system ensures the influence of government power on relations in society through direct, direct regulation.

The rules of substantive law and the procedure for their implementation are fixed by procedural provisions, which also provide the conditions for their protection.

The division of the system is carried out in accordance with the hierarchy of provisions and the subject of regulation not only into individual disciplines, but also into institutions. The latter, in particular, include electoral or pension and other areas. This system thus reflects the current political system of the country existing in the state. Substantive law, in addition, provides service to these structures, changing and developing with them.

It should be noted that the transition from the centralized economic management of the Soviet state to free relations in the market required significant reform in many legal areas. Thus, during the first half of the nineties, substantive law underwent significant changes. A new Criminal Code, Civil Code and other major legislative documents were adopted.

As a subject of substantive law, they are usually associated with living conditions in society. At the same time, the norms ensure the regulation of social relations that are formed during the implementation of material rights. Thus, the procedural branch is in some way a form of implementation. This form is determined by the state.

However, one should not think that substantive law has a greater impact on ensuring the rule of law in the state than procedural provisions. The state of law and order in the country is, first of all, ensured by procedural acts.

Normative acts of substantive law provide regulation of already existing civil and social relations. At the same time, without procedural provisions and legislation, legal relations cannot arise. In other words, these norms act as a certain form of existence, ensuring the process of their implementation. Thus, the main distinguishing feature of procedural acts is their procedural nature.

The rules of procedural and substantive law are closely interrelated. The state of law and order and ensuring the rule of law in the state will largely depend on their coordinated interaction.

It should be noted that the division of legal norms into procedural and substantive norms is clearly considered due to the legislative nature of the relevant industries. In general theoretical terms, this question is quite complex. The task of science is to determine a clear general legal criterion for distinguishing procedural and substantive legal procedures that could be applied when working on legislation and legal systems.

Legal dictionary

SUBSTANTIVE LAW- a legal concept denoting a set of legal norms with the help of which the state influences social relations through direct, immediate legal regulation. Norms M.p. establish forms of ownership... ... Legal encyclopedia

A set of legal norms that directly regulate specific social relations (family, civil, collective farm, legal liability for offenses, etc.) ... Big Encyclopedic Dictionary

A set of legal norms that directly regulate specific social relations (family, civil, collective farm, legal liability for offenses, etc.). Political science: Dictionary reference book. comp. Prof. Paul Sciences... ... Political science. Dictionary.

Substantive law- (English substantive law) an integral part and means of legal regulation (along with procedural law), a set of legal norms establishing the status of subjects of law, as well as regulating actually existing social relations,... ... Encyclopedia of Law

A legal concept denoting legal norms with the help of which the state influences social relations through direct, immediate legal regulation. The norms of M. p. fix the forms of ownership,... ... Great Soviet Encyclopedia

A set of legal norms that directly regulate specific social relations (family, civil, collective farm, legal liability for offenses, etc.). * * * MATERIAL LAW MATERIAL LAW, a set of rules... ... encyclopedic Dictionary

A legal concept denoting a set of legal norms with the help of which the state influences social relations through direct, immediate legal regulation of the Norms of MP. establish forms of ownership... ... Encyclopedic Dictionary of Economics and Law

substantive law- a legal concept denoting legal norms with the help of which the state influences social relations, directly and directly regulating them. Norms M.p. fix the forms of ownership, determine the order of formation and structure... ... Large legal dictionary

System of legal norms. ensuring the influence of the state on social relations through their direct, immediate legal regulation. From M.p. It is customary to distinguish between procedural law, which establishes the forms and procedure for the implementation of law... Encyclopedia of Lawyer

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• Russian law, T. V. Kashanina, A. V. Kashanin. The textbook examines all branches that make up the system of current Russian law. The authors use a fundamentally new presentation scheme, allowing the reader to understand what legal...
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What is the main difference between substantive and procedural law?

Article 363. Violation or incorrect application of norms of substantive law Norms of substantive law are considered violated or incorrectly applied if: the court did not apply the law to be applied; the court applied a law that should not be applied; The court misinterpreted the law. (Article 363, \"Civil Procedure Code of the Russian Federation\" dated November 14, 2002 N 138-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 23, 2002)) Article 364. Violation or incorrect application of procedural rules 1. Violation or incorrect application of procedural rules law is a basis for overturning the decision of the court of first instance only if this violation or incorrect application led or could lead to an incorrect resolution of the case. 2. The decision of the court of first instance is subject to cancellation regardless of the arguments of the cassation appeal or presentation if: 1) the case was considered by the court in an illegal composition; 2) the case was considered by the court in the absence of any of the persons participating in the case and not notified of the time and place of the court hearing; 3) during the consideration of the case, the rules regarding the language in which judicial proceedings are conducted were violated; 4) the court resolved the issue of the rights and obligations of persons not involved in the case; 5) the court decision is not signed by the judge or any of the judges, or the court decision is signed by the wrong judge or judges indicated in the court decision; 6) the court decision was made by judges other than those who were part of the court hearing the case; 7) there is no protocol of the court session in the case; 8) when making a court decision, the rules on the secrecy of meetings of judges were violated. (Article 364, \"Civil Procedure Code of the Russian Federation\" dated November 14, 2002 N 138-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 23, 2002))

Substantive law contains the rule of law itself (rule of conduct), procedural law establishes the procedure for the execution of this rule of law.

If the court did not apply the law that it should have applied, is this a violation of procedural or substantive law?

Not a violation, but an incorrect application. Incorrect application of substantive law is: 1) non-application of the law to be applied; 2) application of a law that is not subject to application; 3) misinterpretation of the law.

procedural!

It’s strange that Anna Seminovich asks such a question.

That's why he asks that SemInovic.

Material law (part 2 of article 330 of the Code of Civil Procedure of the Russian Federation)!

Is this a violation of procedural rules of law (see inside)??? What consequences??? A lawsuit was filed in court. several requirements. One of them was added during the process (an increase in claims) and entered into the protocol. The court examined it thoroughly. Yes, don’t be surprised. The court simply forgot, and the plaintiff was absent from the court hearing. The court granted some things, rejected some things, but did not reflect one of them in the decision.

A cassation appeal was filed. In which attention was drawn to this point. However, the court of second instance upheld the decision of the court of first instance and ignored this requirement. No evaluation is given in the reasoning or in any other part of the solution. The plaintiff was again absent.

I suggest submitting a supervisory report and finally being present)))

What to refer to? Somewhere in the Civil Procedure Code I saw a norm, either obliging the court to consider claims, or defining the consequences of the court’s failure to consider the stated claims. Please tell me if anyone knows.

One more thing, is it necessary to have supervision? It seems to me that the rules of procedural law have been violated here. Will it work? Or will they turn it around and say you have the right to make this claim separately?

In accordance with paragraph 3 of Art. 196 of the Civil Procedure Code of the Russian Federation, the court makes a decision on the claims stated by the plaintiff. According to paragraphs. 4 paragraphs 1 art. 362 of the Code of Civil Procedure of the Russian Federation, the grounds for canceling or changing a court decision in cassation are: 4) violation or incorrect application of substantive law or procedural law. You can also contact supervision. Is it really worth spending more than 3 months to cancel a previously made decision? If the unresolved claim is not directly related to those considered, file a separate proceeding. Although a court decision that has entered into legal force may complicate the consideration of the case on the merits - established facts, existing court conclusions, etc. The situation must be considered in its entirety.

Please explain what is a violation of substantive law and what is a violation of procedural law?

The procedural procedure is the procedure for implementing material protective norms (in other words, sanctions). Accordingly, the rules governing the procedure for implementing sanctions are procedural. Thus, civil procedural law is entirely a procedural branch, the purpose of which is to regulate the procedure for implementing sanctions of civil law, and criminal procedural law determines the procedure for implementing the norms of criminal law, which in general has a protective nature and consists of protective norms. And material ones are contained in criminal proceedings, by the way, why did you decide that the court was guided only by the laws and not by the constitution? In general, our constitution and laws, as a rule, do not conflict

In addition to the above: Incorrect application of substantive law is: 1) failure to apply the law to be applied; 2) application of a law that is not subject to application; 3) misinterpretation of the law.

whether such a court ruling was made in violation of the norms of substantive or procedural law? There is a house located on a land plot. common shared ownership - three owners. there was a legal dispute about the redistribution of shares in the house, as a result the parties entered into a settlement agreement approved by a court ruling. As a result of the settlement agreement, one of the owners significantly increased the share of the house; the issue of land was not addressed in the settlement agreement.
So, does such a definition violate the law, since Article 35 of the Land Code establishes that the alienation of a share in a house entails the alienation of a share in the land? Should the court in this case, in accordance with Article 35, have decided the issue of land?

awwwwww

This is not alienation, but determination of shares. That's not what the law is about.

Yes, smart, but I rest for free. Although: how could the dispute be considered without considering the issue of lease of land or ownership of it?

Is this situation a violation of procedural law? The district court recognizes the receipt of the letter as proof of its delivery.
Legal nonsense, sir. Invalid document.

There are Postal regulations approved by the Government of the Russian Federation - the sender instructs the operator to notify him of receipt
By analogy, there is Part 1 of Art. 116. Code of Civil Procedure of the Russian Federation - a receipt for receipt of the summons on the counterfoil; also, when receiving the RPO, we sign on the notification. Is there a violation of procedural law here - Art. 60, part 1 art. 1 Code of Civil Procedure of the Russian Federation? I think it has.

What do you think?

Needed for supervision.

No, this is a violation of substantive law. Usually, supervisory authorities believe that clause 2 of Article 364 of the Code of Civil Procedure of the Russian Federation defines a specific and sufficient list of cases of violation of procedural law.

The district courts are generally a mess, not in terms of laws, but in terms of concepts. If the recipient is a state organ, then yes, everything is correct. If physical face - you can argue

a letter that has passed into the hands of the post office should theoretically be 100% delivered to the recipient, but this is not always the case, should I challenge the case? really how? The sender has a receipt for sending, but you have nothing in your hands! The same system is practiced in the West, but the letters actually get through.

Article 115. Delivery of court summonses and other judicial notices 1. Court summonses and other court notices are delivered by mail or by a person whom the judge instructs to deliver them. The time of their delivery to the addressee is recorded in the manner established by postal organizations or on a document to be returned to the court. 2. The judge may, with the consent of the person participating in the case, issue a summons or other judicial notice to him for delivery to another person being notified or summoned to court. A person who has been instructed by a judge to deliver a subpoena or other judicial notice must return to the court the counterfoil of the subpoena or a copy of the other judicial notice with a signature from the addressee for its receipt. Article 116. Service of a judicial summons 1. A judicial summons addressed to a citizen is handed over to him personally against a signature on the counterfoil of the summons, which must be returned to the court. A summons addressed to an organization is handed to the appropriate official, who signs for its receipt on the counterfoil of the summons. 2. If the person delivering the summons does not find the citizen summoned to court at his place of residence, the summons is handed to one of the adult family members living with him with their consent for subsequent delivery to the addressee. 3. In the temporary absence of the addressee, the person delivering the summons notes on the spine of the summons where the addressee has gone and when he is expected to return. 4. If the location of the addressee is unknown, a note about this is made on the summons to be served, indicating the date and time of the action taken, as well as the source of information.

It depends on the direction of this letter. If this is a procedural document requiring service, then there is clearly a procedural violation that can be reflected in the complaint. If this “letter” was assessed by the court as evidence in the case, then depending on how other evidence was assessed in the decision. For example, if there is other evidence, and the contents of the letter only “shade” them, then this is one thing. If all the evidence is based on a letter, and the circumstances of the claim require knowledge of the events set out in the letter by the party to the process, then there is no procedural violation here. The question is whether the court evaluates the evidence correctly or incorrectly.

What does "violation of substantive and procedural law" mean?

I will explain this position with an example. Violation of substantive norms is a violation of norms that directly regulate any legal relationship, which is usually expressed in their incorrect application or interpretation. Thus, for failure to provide information necessary for tax control, a tax sanction is applied, determined by paragraph 2 of Article 126 of the Tax Code of the Russian Federation. But it can only be used against counterparties as part of a counter audit, and its application to ordinary taxpayers as part of a desk audit is illegal. Thus, the application of paragraph 2 of Article 126 to ordinary taxpayers within the framework of a desk or on-site audit is a violation of substantive law. And the judicial body in its decision indicated to us that this is a direct violation of substantive law. As for the procedural violation, this is indeed a violation of the norms of procedural law, which no longer determine the relationship between their participants, but regulates the procedure as a rule of judicial relations. Thus, a procedural violation would be the improper notification of one of the parties by the court to attend the trial.

Substantive law is a legal concept that denotes legal norms with the help of which the state influences social relations, directly and directly regulating them. The rules of substantive law establish forms of ownership, determine the order of formation and structure of government bodies, establish the legal status of citizens, the grounds and limits of liability for offenses, etc.

PROCEDURAL LAW is part of the norms of the legal system that regulates relations arising in the process of investigating crimes, considering and resolving criminal, civil, arbitration cases, as well as cases of administrative offenses, and cases considered in constitutional proceedings. P.p. is inextricably linked with substantive law, because establishes the forms necessary for its implementation and protection.

How does this Constitutional Court Resolution apply to criminal proceedings in a private prosecution case? There are no norms of substantive law. In a criminal case, what norms of substantive law can there be if a civil claim has not been brought in a criminal proceeding? IN THE CASE OF VERIFYING THE CONSTITUTIONALITY OF POINT 5 OF PART ONE ARTICLE 244.6 OF THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION IN CONNECTION WITH THE COMPLAINT OF CITIZEN S. YU. KAKUEV 1. Recognize the provision of paragraph 5 of part one of Article 244.6 of the Code of Civil Procedure of the Russian Federation, reviewing the return by the court of an application for an award of compensation for a violation the right to trial within a reasonable time, if the period of trial in the case clearly indicates the absence of a violation of the right to trial within a reasonable time, not contradicting the Constitution of the Russian Federation, since this provision, in its constitutional and legal meaning in the system of current legal regulation, does not imply the possibility of returning an application on the award of compensation for violation of the right to trial within a reasonable time in cases where the presence or absence of such a violation cannot be determined solely on the basis of a calendar comparison of the actual duration of the consideration of the case and the standard duration determined by the totality of the terms established by procedural legislation for the consideration of cases in the applicant's trials instances, and requires an investigation of the circumstances that determine the content of the controversial material legal relationship, the assessment of which is possible only when the court considers and resolves the case on the merits in a court hearing. The constitutional and legal meaning of this legal provision, identified in this Resolution, is generally binding and excludes any other interpretation in law enforcement practice.

This is how the procedural norm was challenged.

The constitutional and legal meaning of this resolution is generally binding and excludes any other interpretation in law enforcement practice. What else can I add, I think nothing. Only a Constitutional Court judge can be smarter than a Constitutional Court judge. This is how they will present the idea, in order to understand it you need to study it for a very long time (twist your brains)

Tell me how to write a substantiation of claims with reference to the norms of substantive and procedural law. We filed a statement of claim with the Arbitration Court for debt collection. The court sent a ruling stating that the statement of claim was accepted and that I (the plaintiff) need to write to them a justification for the claims with a reference to the rules of substantive and procedural law, outlining the reasoning for their application in resolving the dispute. Tell me in what form to write this and what exactly? I wrote my demands in the application itself.

File it as an Addendum to the Statement of Claim. You draw up the claim itself, that is, you indicate the court, the plaintiff, and the defendant in the header. In the text write The basis for the claim is: 1.2.3. Based on the above, I ask....(the same as in the main claim). Be sure to send a copy to the defendant and attach the postal receipt to the addendum. I did this several times, and the courts accepted it.

Explain in more detail and on each point, indicating the articles and an explanation of why exactly these articles you are introducing, that is, explain in more detail, this is for the court hearing itself..

Prepare in the form of written explanations based on the ruling of the judge of the __________ Arbitration Court dated ____________. Next, indicate in more detail where the debt originated and what grounds you have for demanding it. You stated your demands and the court accepted the claim, and now you are asked to state and present to the court WHY and ON WHAT BASIS you are demanding certain money from a certain person. There is not enough information in your question to provide a more detailed answer.

I think the most constructive way is to contact a lawyer. With such knowledge, it is better not to go to the Arbitration Court on your own... Good luck!

For example: agreement No.__ was concluded between me and the defendant on such and such a date. In accordance with such and such a clause, the defendant undertook the obligation to pay for the goods received within such and such a period. However, as of that date, he had not fulfilled his obligations, which is confirmed by the reconciliation act. In violation of Art. 310 of the Civil Code of the Russian Federation, the defendant unilaterally refused to fulfill his obligation to the plaintiff, consisting of payment of the amount of debt under Agreement No. ___. In accordance with Art. 309, 310, paragraph 1 of Art. 516 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements. Unilateral refusal to fulfill an obligation and unilateral change of its terms are not allowed, except in cases provided for by law. Based on the above and guided by Article 309,310,395,488,516 of the Civil Code of the Russian Federation and Art. 125.126 of the Arbitration Procedure Code of the Russian Federation, please. Well, that's about it.

The branches of substantive law include:

• constitutional law
• administrative law
• financial right
• business law
• civil law
• housing law
• family law
• natural resource law
• environmental law
• labor law
• social security law
• criminal law

Procedural law– a set of norms of the legal system regulating social relations arising during the investigation of crimes, consideration and resolution of cases in criminal, civil, administrative and constitutional proceedings.

Procedural law regulates the order and procedure for exercising the rights and obligations of the parties. It regulates relations arising in such processes as: investigations of crimes, consideration and resolution of criminal, civil, arbitration cases, as well as cases of administrative offenses, and cases considered in constitutional proceedings. Procedural law establishes the procedural forms necessary for the implementation and protection of substantive law.

Procedural branches of law include:

§ civil procedural law;

§ criminal procedural law

§ arbitration process (specific to Russia)

Procedural rules exist in almost any industry, but not all of them are distinguished as an independent industry. The closest thing to highlighting is the norms of the administrative process. Both systems of branches are closely related, although procedural law serves substantive law.

62. Concept, essence and system of constitutional law.

The term "constitution" (from the Latin "constituio" - establishment) originated in Ancient Rome and was used to refer to the decrees of the Roman emperors.

In the modern understanding, constitutions arose in the 17th century. as a result of the struggle of the masses and the bourgeoisie against feudalism. The Constitution was considered as the main document of the state, designed to limit the limits of state power and ensure the protection of individual rights and freedoms.

The first Constitution appeared in 1787 in the USA. In 1791, the Constitution of France was adopted, in 1793 - of Poland.

In the most general terms constitution can be defined as a normative legal act (a set of normative legal acts) that has the highest legal force and regulates the foundations of the relationship between man and the state, the structure of the state and the organization of state power.

The essence of the constitution consists in the fact that it expresses a social compromise or agreement achieved at the moment of its adoption by various socio-political forces on the fundamental issue that it solves - limiting the limits of state intervention in the life of society and individuals

System of constitutional law– is a set of closely interconnected legal institutions that constitute a single structure and regulate certain areas of constitutional and legal relations. The system of constitutional law is based on the structure of the Constitution of the Russian Federation. The identification of individual institutions in the system of constitutional law is carried out in accordance with sections of the Constitution of the Russian Federation.

Institutes of constitutional law differ among themselves in: the subject of regulation; the nature of regulation; ways of regulating constitutional relations; subjects of regulation; on methods of influencing the object of regulation.

The following institutions are distinguished in the system of constitutional law: foundations of the constitutional system; basics of the legal status of the individual; federal structure; presidential power; legislature; executive branch; judicial branch; authorities of the subjects; local government.

63. Concept, essence and system of administrative law.

Administrative law is a separate independent branch of law, the norms of which regulate social relations arising in the process of organization and functioning of bodies of the executive power system at all its levels.

Administrative legal relations- these are social relations that develop in the field of executive and administrative activities and are regulated by the norms of administrative law. These social relations are subject of administrative law.

Features of administrative-legal relations:

One of the parties to these relations is always the relevant executive authority or its official vested with managerial powers;

One of the parties makes a decision (issues an order) and can apply coercion against the other party, since it is endowed with the appropriate government powers;

Many executive authorities and their officials have the right to issue regulations, acting on behalf of the state;

Administrative legal relations may arise at the initiative of either party, and the consent of the second party is not mandatory;

Disputes that may arise between participants in administrative-legal relations are resolved in most cases in an administrative (non-judicial) manner - through a directly legally authoritative and unilateral order of the authorized executive body;

If one of the parties violates regulatory requirements, it is liable to the state represented by its authorities.

As methods of legal regulation, administrative law uses orders, prohibitions, permissions, and recommendations.

Prescription represents the imposition of a direct legal obligation to perform certain actions under the conditions provided for by the legal norm.

Under ban is understood as the imposition of a direct legal obligation to refrain from performing certain actions in the conditions provided for by the legal norm.

Permission- this is the provision of a participant in legal relations with a subjective right to perform certain actions or to refuse to perform them at his own discretion.

The administrative law system includes General and Special parts. a common part includes sub-sectors and institutions regulating:

Basic principles of public administration;

Legal status of subjects of administrative law;

Forms and methods of management activities;

Methods and procedures for ensuring the rule of law in public administration.

Special part contains norms that apply on the scale of individual areas of public administration, taking into account their specifics, namely:

In economic activities;

In the social sphere (science, culture, education, healthcare);

In the administrative and political field (defense, ensuring state security), etc.

Rules of administrative law:

Establish forms and methods of public administration, ways of ensuring legality in public administration;

Regulate the procedure for the formation of executive authorities, their competence, and the powers of officials of these bodies; relationships between executive authorities and other government bodies, public associations, enterprises and citizens;

Determine the legal status of citizens, local governments, public associations in the field of management;

They regulate management relations in the socio-political, socio-cultural and economic spheres.

Administrative law system– this is the internal structure of administrative law as a branch of law, a set of interrelated and interdependent legal institutions and norms governing social relations in various spheres and branches of management.

The Code of the Russian Federation on Administrative Offenses (CAO RF) is a codified normative act regulating public relations regarding bringing to administrative responsibility, as well as establishing general principles, a list of all administrative offenses (which can be supplemented at the regional level), bodies considering cases, procedure bringing to administrative responsibility and the procedure for executing decisions in administrative cases.

65. Concept, essence and system of civil law.

Civil law - this is a set of legal norms regulating property and personal non-property relations in order to implement the legitimate interests of subjects of civil law and the organization of economic relations in society. Civil law differs from other branches in subject, method, principles, functions and system.

The essence of Civil Law: Civil law is the main branch of law that regulates private (property, non-property) relationships between citizens, as well as legal entities created by them, formed on the initiative of their participants, based on independence and property independence, by the method of legal equality of the parties and pursuing the goals of satisfying their own interests.

The civil law system is the totality of all civil law institutions in their unity and differentiation. The institution of civil law is a set of rules that regulate a certain group of social relations within a given industry (for example, the institution of property rights, the institution of purchase and sale, the institution of inheritance). The civil law system is presented in the Civil Code of the Russian Federation, its sections correspond to the largest institutions (sub-branches) of civil law, such as general provisions, property rights and other real rights, law of obligations, intellectual property, inheritance law, private international law.

66. Civil Code of the Russian Federation.

Civil Code of the Russian Federation (Civil Code of Russia) - code of federal laws of the Russian Federation regulating civil law relations. The Civil Code has priority over other federal laws and other regulatory legal acts in the field of civil law.

The Russian Civil Code consists of 1,551 articles and is divided into four parts.

According to subordination in legal regulation, the following rules of law are distinguished:

1) material (the primary regulator of social relations) - secure the rights and obligations of subjects of law, on the basis of which it is possible to resolve the case on the merits (the right to fair competition);

2) procedural (secondary regulator of social relations) - contain rules on the procedure for implementing the norms of substantive law and resolving the case on the merits (the procedure for investigating a crime, the procedure for calling witnesses to court). The purpose of the rules of procedural law is to establish “regulations” (French règlement, Latin regula - rule) for the exercise of rights or fulfillment of duties enshrined in substantive rules; contribute to the achievement of the result provided for by the norm of substantive law; exercise the right to protection.

The norms of procedural law differ from the norms of substantive law: in content, which is expressed in the originality of their instructions; characteristics of the addressee; structure of the building.

Features of substantive and procedural law:

Rules of substantive law:

1) regulate factual connections that serve as the content of procedural law;

2) are more dynamic than procedural ones;

3) due to the material circumstances of social life;

4) have the goal of ensuring human rights and freedoms, regulating relations in society, and establishing law and order;

5) have regulatory, law enforcement and human rights effects;

6) addressed to all subjects of law;

7) are officially canceled.

Rules of procedural law:

1) regulate legal relations, which act as a form of substantive law, designed to promote the development of substantive norms and ensure their implementation;

2) are more static than material norms and are restrictive in nature;

3) have a double condition: a) the material conditions of society; b) the peculiarities of the norms of the branch of substantive law with which they are closely related and the needs of which they serve;

4) aim to ensure the right to protection of the rights, freedoms and interests of a person and a citizen in combination with the right to apply for such protection to the court, as well as to consolidate the powers of the court to consider legal cases;

5) are procedural in nature (they determine the optimal procedure for carrying out the legal process), therefore they are also called procedural;

6) are usually addressed to authorized subjects, that is, those who are endowed with the authority to apply substantive law (investigators, judges, prosecutors, etc.);

7) terminate with the abolition of the norms of substantive law.

Types of rules of procedural law by branch of law:

criminal procedure; civil procedural; administrative procedural; economic procedural, etc.

The rules of procedural law cannot be identified with the procedural rules of substantive law, although both are procedural in nature. Procedural norms of substantive law are a necessary condition for the implementation of a number of material regulatory norms and connections and exist in almost all its branches. They are inseparable from the entire other system of rules of material branches of law and regulate the procedure for implementing the rules of law due to its special form, such as the application of the rule of law by the relevant state bodies. Each material and procedural norm is associated with a corresponding regulatory relationship and is a prerequisite for its normal implementation. The content of the substantive-procedural norm is determined by the content of “one’s own” basic material regulatory legal relations and cannot be used to implement “foreign” ones. For example, material norms combined into the institution of electoral law cannot be used for the procedure for exchanging residential premises.

To prevent confusion between procedural rules of substantive law and rules of procedural law, it is necessary to clearly understand the difference between them: procedural rules of substantive law regulate the operational-executive form of application of law, while rules of procedural law regulate the human rights form of application of law. The main distinguishing feature is that the operational-executive form of application of the law is aimed at the direct implementation of the right (state registration of rights to protect intellectual property rights), and the human rights form is aimed at resolving cases of offenses, restoring or compensating for violated rights.

In contrast to the procedural norms of substantive law, the norms of procedural law are created to regulate relations as if “from the outside.” They have the quality of universality, adaptability, ensuring the implementation of legal obligations, which are regulated by various branches of substantive law, and therefore, perform a service role - they regulate the procedure for applying the norms of substantive law and the activities of the competent authorities for the protection of rights.