On branch classification of norms regulating process of postpenitentiary adaptation of persons released from prison
The issues of postpenitentiary adaptation are not regulated by penal legislation. We consider that public relations formed in the course of postpenitentiary adaptation are regulated by norms of constitutional, criminal, housing, labour, family, administrative and other legislations. There is a question whether this set of public relations forms an institute of law. The majority of authors understand a legal institution as a group of norms, which have objectively developed in a certain branch of law. In law theory complex law institutions are quite often allocated, which, on the one hand, concern the basic branch, and, on the other hand, are connected with the necessity of specialized regulation of a certain group of relations to create derivative structures in the form of complex acts. The signs distinguishing complex legislation institutions are their compound character, qualitative heterogeneity of the norms they unite, functional character of links between the rules of law defined by the heterogeneity of branches of law (a part of which they are), the subjective approach to formation of the given legal community, regulation of a complex of diverse public relations. The basis of the division into branches and law institutions is two criteria: the subject and the method of legal regulation. As there is no independent base of the regulatory legal acts establishing the legal position of participants of postpenitentiary legal relationship, their rights and duties, character and distribution of the mutual rights and duties, order, basis of occurrence, change and termination of mutual subjective rights and duties of participants of the process, character of legal consequences of illegal behavior, default of subjective duties and infringement of subjective rights, the designated institution does not have its own method. Thus, it is not an institution of law, but an institution of legislation, whose subject is a set of public relations between the state represented by establishments, bodies and public institutions and persons released from prisons arising the specified process. As a result, the institution of postpenitentiary adaptation of persons released from prison is a complex institution of legislation including norms of constitutional, housing, labour, family, administrative and other branches of legislation.