Public Health -Guryanov Maksim Sergeeivich Introduction to science of law Content 1. 2. 3. 4. 5. 6. 7.

General rules and regularities of the origin of law and state Concepts of law, characteristic, functions, value Form of law. Legal regulations Sources[ forms] of law Principle of rule making System of law Type of legal responsibilities

Among a wide range of problems being within competence of a new of doctor, necessary legal knowledge and general attitude to right and law are essential. Legal knowledge builds altitude to human life as the highest value. Only appropriate legal training can form doctor’s legal culture, liabilities to society and state. Recall that no one can plead ignorance to excuse oneself. Furthermore, a doctor should know his right and should know how to assert them. Knowledge of institutes will help a doctor to do his professional and civil duties honorably. Medical care is one of the services. Doctor’s relationship is subject to morality and medical ethics as well as legal rules set forth in official laws in the sphere of public health. General rules History of human society begins with primitive communal structure of society. The organization based of the society, was community, race tribe the integration. Tribe of community is a group of people, united on the basis blood relation. Authority has particularly social character, and was originated from race. Races constitutes a tribe, and could unite alliances. During a primitive communal structure of society, social know that govern the rule of conduct where custom. A new economy condition, a custom as a regulator of social relation became powerless. Some others society organization was needed, and state become such an organization. Society divided into economical unequal group, classes with people objectively give rise to organization of authority,which should support the interest of property. We should support the interest of properties and restrain compensation of people Biosphere of a state economically dominat clss became politically dominant as well.

State is a special social organization consisting of special activities which are constantly engaged into government. Law is social rule of conduct authorized by state and vested in form of laws and provided by measures of states compulsion.

Law and state are product of social development,so far as the society was developing custom moral and religious standard of primitive society came out to be at the background gives place to legal regulation or social relation. Views on the origin and the concepts of law: Law is measure of freedom Law is a coordination of abused discrection of one with abused discrection of another Law is state interest.

Concepts of law, characteristic, function, value. In modern day, law have ascendancy over state. Law is a system of obligatory rules, of conduct which are establish and protected by the state. Express general and individual interest of the population or the country. Instead of regulator of social relation

Characteristic of law Legal rules are establish by state in official act Legal rules are protected in special cases by coercive power of states apparatus, thereby the state provides obligatory of legal rules Law is a unique system of rules, which is obligatory for population at large, living o the territory of the state. Extra legal rules, for example morality norms, can be not obligatory for some persons or groups of people. Law express general and individual intentions of citizen of the state in their balanced mutual relationship.

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Functions of law -are basic direction of effect on social relation on people behavior. Regulating function is regulations of social relations by allocating these relations in regulation [normative legal act] Protective function is protection of positive and exclusion of relations harmful for society

Protective function is as follows: Definition of prohibitions on committing wrongful act Ascertainment juridical sanctions of committing wrongful acts Direct applications of juridical sanctions to individuals who committed delicts.

-In mention direction of law, effect on social relation value of laws and its social mission is express. -On the hand, economic social ,ecological and other function and be distinguish. -On the other hand, their legislative, executive and jurisdiction function Forms of legal norm realizing

1. Exercise of right a. Exercise and realization of right, which are presented in legal norm[ for example, the right to participate in elections] 2. Discharge of duty a. Obligatory performance of activity actions [ for instance repay] b. The peculiarities is that individual should perform such acts regardless of their wish 3. Observance of liabilities a. Observance of liabilities is expressed in abstention from performing acts prohibited by juridical norms. b. These liabilities are of passive character and protect the society against violation of law 4. Application of norm of law a. It is an active and authoritative activity of competent authorities which are to solve particular cases within the norms of law. Application of legal norm include; Operational and executive activity o employment, registration by marriage, project construction decisions are carried out by city executive board , administration, court Law enforcement o protection of legal norms, coercive measures towards law-breakers, prevention of breaches

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To realize legal norms correctly one should take into consideration the range f action. Regulations work through time, on space and on certain set of people. Act enters force form the moment prescribed by the rules [ upon it acceptance, or after some time or from the date indicated in the act]. A new act covers only those relations occurred after its acceptance. It does not work retroactively except the following case: o excepts as otherwise established by the act it self, o Incase criminal laws or administrative act commute punishment. Act ceases to be effective on the expiry date, on countermand, with references of issuing a new act The range of action, of the act in space is limited by the territory its action is applied to. o As a rule , this is the territory within jurisdiction of the authority the act is issued by Russia federal law are effective inside Russian Federation. Action on a set of people. o Laws of Russian Federation are applicable for all citizen and noncitizen on the territory of Russian Federation. o But sometimes action on a set of people does not coincide with the territory. Criminal proceeding cannot be intuited against diplomats of foreign countries. Acts can cover only some category f people, for example the military.

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Resources/ form of law. Sources of law are the ways of stating and representing legal norms. The sources of law are official state documents o including juridical norms.  For example, law , decree government regulation, local authorities decision. - There are the following main form [sources] of law: o legal customs, o juridical precedent[juridical practice] o regulation 1) Legal custom - Confirmed by state rules of conduct, which have developed in consequences of people’s continued repetition of certain action, and due to this, they become stable norms. o State confirms the customs serving its interests only. 2) Juridical precedent[ juridical practice] - More commons source of law in new word. By juridical precedent we understand judicial or administrative decisions on a particular preceding. o There are juridical precedent [res judicata] and administrative precedent. 3) Regulation - Act of law making, which contains legal norm. o This type takes leading positions. o They are  constitution,  law,  Regulatory decisions of executive power. In Russian Federation most command Regulation There are the following regulations 1. Constitutions of Russian Federation has highest legal force because it determines state power organization and instates the principle of social and state structure, basic right and duties of citizens. a. Constitution is juridical base for all existing legislations [ the latter cannot contravene the constitutions] 2. The second most important normative act are laws. a. Laws are divide into constitutional [ amending constitution or indicated I constitution] and ordinary laws. b. Codification laws are fundamentals of legislations of Russian Federation and Codes of laws a code of laws[ a code of law is law combining the laws of one branch].

c. They are federal laws[ passed by high legislative authority of Russian Federation] and laws of constituent entities of Russian Federation- in case on contraindication federal law is effective 3. Subordinate act are Russian President’s decree regulations of highest agencies of state power ,, acts f central organs of state administration. Principle of rule making. 1. 2. 3. 4. Rule making is the form of state activity focused on legal framing, their enhancement, amendment or reversal. Rule making of modern states is based on the following basic principles: Democratisim. a. Provides by participant of deputies, public mind consideration. Legalism. a. Strict compliance of constitution of the country and laws Humanism. a. Ensuring and protection of human right and freedoms Scientific character. a. Use of modern scientific and technologies advances , scientific research teams and experts are involved in preparing projects. Profesionlism. a. When developing draft laws, highly qualified specialist with professional training is appropriate branches are engaged Technical excellence of adopted acts. a. Use of method an procedures approved by juridical experience in preparation and formulation of normative texts and obligator legal requirement compliance.

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Systems of law. - Systems of law in contemporary society consist of the following main branches of law: 1. Constitution law [state law] a. the branch of law, which represents fundamental principles of social and state structure of the country, principle of legal status of citizen, the system of public authorities and their min authorities 2. Administrative law a. regulates social relations forming in the process of performing executive function by public authorities 3. Financial law a. the body of legal norms regulating social relations in financial sphere 4. Land law a. regulates social relations with regard to land use and land utilized protection, as well as entrails of the earth, water and forest. 5. Civil law

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the largest branch of law, which regulates various property n associated non-property personal relation, for example, honor and dignity] Labor law a. regulates social relations in the process of labor activity Family law a. Regulates matrimonial relations. Civil procedure law a. Regulates social relations arising in the process of ligation, labour and family disputes. Criminal law a. the complex of norm constating what socially dangerous acts are criminal and what penalty is ad ministered Criminal procedure law a. Unites legal norms determining criminal proceedings. b. It regulates the activity of agencies of inquiry, procuracy and court and their relationship with citizen in criminal investigations and adjudication etc. Correctional labour law a. regulates relations form in the process of execution of penal sanctions and those related correctional labour treatment.

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Type of legal responsibilities Types of legal responsibilities depend on the character of violation of the law omitted. There are o disciplinary o administrative o material o civil o criminal responsibilities. Disciplinary responsibility means to disciplines on a guilty person by chief’s authority. o Disciplinary sanctions are a comment , reprimand, dismissal, down-grading Administrative responsibilities means the use of measures of administrative pressure by executive authorities. o warning, fine, administrative arrest. Material responsibility means compensation of damage inflicted in the process of performing one’ duties Civil responsibilities result from breach of property rights and non property personal right of citizens and organizations. o Its result in compensation for harm in forms specified by civil law sanctions. Criminal responsibility is used in judicial procedure towards an individual who penetrated a crime o It has the most severe acts of retaliation.

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Questions

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name characteristics and function of law what forms of legal norms realization do you know list of sources[form] of laws what sources of law are characteristic in Russia and Malaysia rule-making and its basic principles. Rule making bodies in Russia and MAlaysia name the main branches of the system of law legal responsibility and its types

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