Discussion aspects during traditional approaches to defining the subject of legal regulation

Abstract

The article clarifies the concepts of legal regulation, its object, subject and types based on the provisions of general theory of law. The attention is drawn to the fact that if public relations are the object of legal regulation, then legal relations are its subject. The legal relations mean those aspects of these relations that are regulated by legal norms and which therefore should arise, change and terminate according to these norms.

It is substantiated that the subject of legal regulation is the main basis not only for division of legal norms into branches of law, but also for definition of their names. The article emphasizes the interdependence of consistency of public relations and consistency of law and legislation. The attention is drawn to the fact that division of legal norms into norms of substantive law and norms of procedural law in Ukrainian legal science, which is correct in terms of methodology, and therefore is generally recognized, is mistakenly used as a criterion for dividing branches of law into branches of substantive and procedural law, which led to emergence of such branches as civil procedure law, criminal procedure law and economic procedure law, which are accompanied by relevant codes. At the same time, the logic of this approach by analogy determines the need for appropriate branches of procedural law that would accompany every other branch of substantive law – constitutional, administrative, family, labor, etc. However, there are no such branches of procedural law. There is a reason for that.

It is proved that considering the subject of legal regulation of these branches of law gives grounds to conclude that in fact legal relations developing in the process of relevant types of legal proceedings, resulting from civil, economic and criminal legal relations are the subject itself. As a result, these codes should be referred to as codes of judicial procedure, which fully relates to civil procedure law and name of the relevant code.

It is substantiated that if consistency of legal relations determines both consistency of law and consistency of legislation, and the principle of unity of judicial power that, in turn, necessitates the judicial system unification by creating a single state court equal for all subjects of legal relations with functions of justice in cases arising from any legal relations according to the procedural order determined by law, then taking this into account, the relevance of studying the problem of objective necessity of legislation unification, which governs the procedure for legal proceedings and creating a single code of judicial procedure, or at least the codes of public and private judicial procedure, becomes obvious.