4. Place theory of law in the system of law.

To branch jurisprudence include: criminal law, criminal procedure, civil law, civil procedure, labor law, constitutional law, family law, business law, penal law, social security law, administrative law, land law, financial law, tax law, environmental law.

The basis of separation of law is a substantive criterion, which is a special range ofpublic relations, who has studied this science. However, one should take into account the relationship of the state and law and other social phenomena: politics, morality, and culture. It should be noted that the system of law-moving phenomenon is changing. Thus, in accordance with social needs, new areas of law appear, and old fade. At one time there were industries such as collective rights, the right to state farms.

Jurisprudence takes special place occupied by the theory of state and law. To interdisciplinary sciences include: organization of jus­tice, criminology, public prosecutor’s supervision. Sciences that study the foreign country and the right, this is the Roman law and the cons­titutional law of foreign countries. Applied to legal sciences include: legal statistics, forensic psychiatry, forensic medicine, forensic, legal psychology, forensic accounting. In the category of international law include: public international law and private international law, inter­national human rights, the law of treaties, the law of international organizations, diplomatic and consular law, international maritime law, international air law, international space law, international oil law, the right of international security, international environmental law, and international economic law.

History of legal and political doctrines is the science that studies the history of the theory of the state and law. Theory of law only covers modern theory of the state and law. Thus, the history of legal and political teachings is the history of the theory of state and law.

Sectorial legal sciences are separate legal branch, i.e. particular aspect of public-legal reality. The theory of state and law studies this reality as a whole, and focus on the interconnection of its various sides. Based on this theory of law is developing a system of legal concepts, which are then used by all industry jurisprudence.

Problems arise, operation and further development of the state and the rights of nature, reflected in people's minds to a greater extent are political problems, as have an impact on the political and legal society. State and law is a social phenomenon, caused by the emergence, operation and further development of society.

Features of theory of law are that it is a public science, the subjects of which are social phenomena, the state and law. This feature of the theory of state and law is different from a number of other sciences, such as natural, technical. It also serves the political and legal science, which studies such social phenomena that are directly related to the field of politics, the power of the state. This feature of the theory of state and law is different from other social sciences; students are not directly state-legal superstructure. In addition, it is a general theoretical science that studies the basic and general laws of the state and in common law. This distinguishes it from the special Law.

Further, it is the science of the methodology, which covers the general rules of public-legal superstructure and developing issues of the method. And, finally, it has a basic character for the rest of law. Under the theory of law addresses the legal phenomenon that seemed to encompass and permeate all legal disciplines.

Thus, the theory of state and law is a system of generalized know­ledge about the basic and general laws of the state and law, of their nature, purpose and development of the society.

The subject of the theory of state and law are the most common patterns of occurrence, development and functioning of the state and law, as well as a system of basic legal concepts and categories. It should be noted that the theory of the state and the right to study the origin, development and functioning of the state and not a specific law and all general and special, inherent states in general, as well as general legal concepts: rule of law, a legal relationship of justice, rule of law.

Theory of law as a fundamental theoretical science has a num­ber of specific functions:

1. Ontology function (from the Greek «yn» - gender, case) to ans­wer the question of what the state and the law as they arise and that are currently available. Ontology is the branch of philosophy that addres­ses the universal basis, the principles of existence, structure and pattern.

2. Epistemology function, or a function of knowledge, with which the theory of state and law develops theoretical methods and ways of knowing, which ultimately leads to the development of legal knowledge. Epistemology (from the Greek «gnosis» - cognition) is

theory of knowledge, the main part of the philosophy that considers the conditions and limits the possibility of reliable knowledge.

3. Heuristic function (from the Greek word «heuresko» - opening). Here the theory of state and law explores not only the known laws of the concepts of state and law, and related phenomena, but also finding new patterns generated by the realities of public life. Heuristics is a rule of thumb that facilitates or limits the search for solutions in the complex domain.

4. Methodology function, implying the methods and techniques of researchconceptsbeingstudied,which,inturn,arepartofthelegalscience.

5. Politics and management functions required to keep the political power in the hands of a particular social stratum.

6. Ideology function. By ideology is a system of beliefs and prin­ciples of a particular group of the population, society, social stratum. As an example, the former Soviet Union, where there was only one ideology, Marxism-Leninism. In Kazakhstan sort of ideological agen­da is the message of the President of the Republic of Kazakhstan «Kazakhstan-2030».

7. Practical-organizational function is when the theory of state and law, based on the existing practical and theoretical material, and makes recommendations for how to solve a particular problem.

8. Forecast feature is when on the basis of study of the laws of the state and law theory predicts a further development of certain concepts, changes in state law field. Naturally, all the features of the theory of state and law are intertwined and complement each other and combine to give a complete picture of the appointment of the theory of state and law.

Questions for the self-control:

1. What is methodology of the Theory of state and law?

2. What is the main difference between the state and other political organizations?

3. Why the Theory of state and law belongs to the inter-branch disciplines?

4. What represents the structure of the Theory of state and law?

5. Account the main functions of the Theory of state and law.

Taskfor srs:

Please, explain the elementary logic of the power thorough the methodology of the Theory of state and law.