CHARACTERISTIC OF THE SUBSTANTIVE LAW

Jakimoski, Laze and Tufekci, Pakiza (2018) CHARACTERISTIC OF THE SUBSTANTIVE LAW. Knowledge – International Journal, 28 (6). pp. 1977-1984. ISSN 1857-923X

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Abstract

Abstract:The division of material and procedural law has its deep traditions both in the law and in the legalscience. Until recently in the continental legal system had primacy substantive law and the procedural law was perceived as something secondary, as a technology whose task is to serve the substantive law. However, in recent years, more and more widespreadis the understanding that both substantive and procedural law are equally important. There is no basis for the material right to be considered as primary and priority, and the process as secondary and subordinate. Substantive law is inextricably linked with procedural law. They can be considered as two sides of the legal category -legal regulation and procedural means for administrative and judicial protection of subjective rights in regulated public relations. In the substantive law, the legal norm determines what the rights and obligations of the legal entity are. The process law determines how these rights and obligations will be realized, that is, the procedure.Keywords:substantive law; process law; legal regulation; legal norm; judicial protection

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Prof. d-r. Laze Jakimoski
Date Deposited: 28 Feb 2022 09:05
Last Modified: 28 Feb 2022 09:05
URI: http://eprints.uklo.edu.mk/id/eprint/6842

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