Method Of Legal Regulation Research Articles

Про виникнення нових галузей в системі права України

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

АДМІНІСТРАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ ВНУТРІШНЬОВІДОМЧОГО КОНТРОЛЮ В ОРГАНАХ НАЦІОНАЛЬНОЇ ПОЛІЦІЇ

The article deals with the theoretical issues of administrative and legal regulation of internal control in the National Police. It is noted that the administrative and legal regulation of internal control in the National Police s an administrative and legal institution that has an independent subject matter and method of legal regulation. Internal control is defined as purposeful activity of normative and law enforcement nature of authorized officials and control and supervisory units of the National Police on the regulation and implementation of public relations in the field of internal control by legal means. Only that part of them that provides organizational, procedural and human rights bases of stability, guarantee and reliability of target information on the state of functioning of the National Police and each territorial body and subdivision becomes the subject matter of legal regulation of internal control. The structure of the subject matter of legal regulation in the field of internal control in the police consists of three parts. The first part of the subject matter of administrative and legal regulation of internal control are the principles, objectives of the organization and implementation of control activities that define and specify its place in the administrative system, as well as the task of identifying faults and positive experiences that significantly affect the legality and efficiency. Since the order of organization of internal control is entrusted to the relevant head, the powers are formed by two blocks: rule-making, components of regulatory and organizational activities to establish the order, goals and directions of internal control of subordinate units and officials. The third group of relations includes social relations, which consist of methods and forms of control actions that ensure the reliability and objectivity of the collection of targeted information, the timely adoption of administrative response measures.

ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW

In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.

Legal Regulation of Crimes Threatening Global Security

The authors consider methods of legal regulation of crimes and types of international cooperation in the fight against them. The paper also highlights international measures aimed at implementing antiterrorist cooperation and combating illegal drug trafficking. The main goal is to determine the legal mechanisms for the prevention of these socially dangerous phenomena both at the local and interstate levels. The object of the research is the social relations that develop in connection with and about the peculiarities of crimes that infringe on international security. The subject of the research is the norms of modern Russian criminal law and the norms of international law. The scientific works of the authors listed in the references represent a solid theoretical and methodological basis for this research. However, research into the features of crimes should continue, since not all problematic issues in this area have been resolved. The author examines the concept, content and general features of international crimes that infringe on international security; defines the role of the UN (United Nations) and other organizations engaged in international legal regulation in the fight against international crimes; defines the features of the interstate organizations activities to prevent terrorism and illicit trafficking in narcotic and psychotropic substances. It is concluded that terrorism and illicit drug trafficking are most widespread among international crimes. The authors draw conclusions on the need to perform preventive activities aimed at preventing the Commission of international crimes, as well as on the implementation of a direct fight against such crimes through «detection, prevention, suppression, disclosure and investigation». Summarizing the authors’ points of view on the subject of criminal liability for acts of terrorism and drug trafficking, it should be noted that restraint measures, as well as strengthening responsibility measures, should be preceded by a set of preventive measures. It should also be understood that the effectiveness of anti-terrorist and anti-drug policies in the world, including in terms of the regulation of criminal liability measures, should be supported and approved by the population. To improve the legal structures of crimes that infringe on international security in the countries of the world community, it is necessary to positively perceive the international experience of various states in regulating measures of criminal responsibility and countering the spread of these acts.

Финансовое право и финансовый рынок (часть 2)

The article examines the question of whether social relations arising in the financial market are included in the subject of financial law. In this regard, the concepts of finance, financial market and branch of law, the ratio of public and private law, the subject of financial law and methods of legal regulation are considered. Appropriate conclusions are drawn.

АЛЬТЕРНАТИВНО-ПЕНИТЕНЦИАРНОЕ ПРАВО КАК ФОРМИРУЮЩАЯСЯ ПОДОТРАСЛЬ УГОЛОВНО-ИСПОЛНИТЕЛЬНОГО ПРАВА

In the article, the author discusses the possibility of distinguishing within the framework of penal law a relatively separate regulatory subsystem, which is a set of legal norms regulating the execution of criminal penalties against convicted persons that are not related to isolation from society, and separating them into a new self-sufficient sub-branch of penal law. The study aims to understand the processes of differentiation and integration present in penal law, and to assess the prospects for the allocation of a new sub-branch in the matter of penal law - alternative penal law. The objectives of the study are to define the concept of alternative penal law and its place in the system of penal law; to analyze the system-forming factors in penal law; to identify the criteria for distinguishing general, subject-based and functional institutions within the framework of alternative penal law; to formulate proposals for improving the separate normative subsystem “alternative penal law” that affect the structure and content of the Penal Code of the Russian Federation. In the course of the research, general and specific methods of scientific cognition were used: dialectical, formal-logical, functional, system-structural, comparative-legal, as well as the method of legal modeling. The author presents arguments in favor of the separation of the norms of penal law that regulate the part of the subject of penal law. As a structure-forming factor that unites institutions in alternative penal law, the author notes the form of criminal liability implementation - criminal penalties that are not related to isolation from society. The author analyzes the institutions of the future general and special parts of alternative penal law, which emphasize the existing institutional insufficiency of penal law norms regulating the legal status of convicts serving criminal sentences that are not related to isolation from society. To assess the current state of the regulatory subsystem of alternative penal law and its ability to grow to a higher level, the following criteria are used: its own object and method of legal regulation; special subject-based composition of alternative penal relations; the presence of an autonomous leading goal; its own principles; complex intra-structural differentiation represented by homogeneous and single-order institutions of penal law; legislative isolation of the alternative penal sphere. The author formulates the conclusion that today only the rudiments of alternative penal law have been formed as an integral part of the system of the branch of penal law, a part that only claims the status of an emerging sub-branch.

Features of the legal regulation of the agro-industrial complex

The purpose of the article is to study the legal regulation of the agro-industrial complex on the territory of the Russian Federation. Also, this article will consider examples of the CIS countries and countries bordering on the territory of Russia. This work will present: definition (APC), study of the subject and method of legal regulation, which are applied in relation to the agro-industrial complex in Russia, the history of the creation of agricultural complexes in the territory of the Russian Federation, we will talk about industries, the export of agricultural products, as well as what kind of assistance the Russian state and the CIS countries provide in the agricultural sector, support for the agro-industrial complex will also be considered.

КАТОРГА И ССЫЛКА 60 - 70-Х ГГ. XIX В.: ОБЩЕУГОЛОВНЫЕ ЗАКОНЫ И ПРАВИЛА О ПОЛИТИЧЕСКИХ ССЫЛЬНЫХ

The article considers an issue of legislative regulation of political penal servitude and exile to Siberia on the example of the post-reform period in the 60–70s of the 19th century. in the dichotomy of general criminal laws and rules about political exiles. The author proves in the article that the interpretation of the Siberian exile by the past and present historians of the forms and methods of legal regulation, the prevailing views and assessments by researchers of the legal norms value are far from the realities of the times of political penal servitude and exile in the post-reform era.

СПІВВІДНОШЕННЯ ПОНЯТЬ ПРАВОВИЙ ЗАХИСТ ТА ОХОРОНА ПРАВА У НАУКОВОМУ ДИСКУРСІ

The article addresses the understanding of the legal categories "legal protection" and "protection of rights". The legal nature and content of these definitions are analyzed. Particular attention is paid to the characteristics of these definitions in scientific international and domestic doctrines. The positions of five different scientific schools on the understanding of these concepts are considered. The first cohort of scientists adheres to the views according to which such definitions are analyzed as interaction of whole and part. The second group of scholars identifies the concepts of "legal protection" and "protection of rights". The third point of view on the specified theoretical problems, consists of the delimitation of the outlined definitions. The fourth constellation of scholars reveals the analyzed categories through the prism of individual branches of law, taking into account the subject and method of legal regulation of each area. The universal approach distinguishes between the concepts of "legal protection" and "protection of rights" and considers them as different, but at the same time absolutely full-fledged legal categories. It is substantiated that the latter has normative and applied significance and is effectively used by the international community both at the doctrinal and legislative levels. On the basis of the conducted theoretical research the independent scientific conclusions and judgments on the analyzed subjects are offered, in particular the author's definition of definition "legal protection" is given. In addition, the main features inherent in the above categories are highlighted. Particular attention is paid to the need of highlighting the preventive component of the concept of "legal protection", which is particularly important within this category.

Оценка регулирующего воздействия: проблемы правового регулирования и привлечения предпринимательского сообщества к проводимым процедурам

This work is devoted to current issues of legal regulation of the procedure for assessing the regulatory impact in relation to draft regulatory legal acts and decisions. This procedure is of particular importance for choosing the optimal method of legal regulation, contributes to the prevention of the approval of excessive and unreasonable binding and prohibiting legal norms in the field of entrepreneurial and other economic activities. The purpose of study is to analyze the procedure for conducting a regulatory impact assessment. Within the framework of writing the work, both general and spe-cial legal scientific methods are used: analysis, synthesis, formal legal method, legal hermeneutics and a number of others. We analyze the concept and objectives of regulatory impact assessment. At the same time, we draw attention to the absence of a unified definition of “regulatory impact assess-ment” enshrined in the legislation. We propose to define at the legislative level a list of principles on which this procedure is based. As a result of study, we note the high social significance of the assessment of draft regulatory legal acts and decisions, we note the results that its implementation in practice leads to.

PRECARIAT IN SCIENCE AND RESEARCH: LEGAL AND PHILOSOPHIC COMPREHENSION OF THE ISSUE IN THE GLOBAL CHALLENGES PERSPECTIVE

The article investigates philosophico-theoretical issues of legal regulation of labor relations in the scientific and research sphere in connection with increasing precarization in Russia and the rest of the world. Particular emphasis is made on the analysis of characteristic features of science as a social institution and on assessing the potential negative impact of labor relations precarization on the capability of this institution to perform its basic functions in the face of global challenges. The purpose of the study is to look at the ways of preserving the functionality of research as an institution in the knowledge economy environment using the means and methods of legal regulation in Russia and other countries worldwide. The focus is made on combining the philosophical and legal methods of research with philosophical reflection preceded by a comparative legal analysis of legislative regulation and assessment of its social and legal efficiency. The study has resulted in identifying the peculiarities of governmental and legal regulation of science as a social institution in different countries in the face of grand challenges, as well as the measures taken in different countries to limit the negative impact of the knowledge economy together with the assessment of its socio-legal and politico-administrative effectiveness.

Comparative Analysis of Doctrinal Concepts of Legal Regulating Smart Contracts in Russia and Foreign States

The article is devoted to a comparative analysis of legislation and doctrinal viewsexpressed by jurists of different countries on the concept and legal nature of a smartcontract. The smart contract is a new institution related to the use of digital technologies,which was not previously known either in foreign countries or in Russian law. That is whythe authors have identified five different points of view on the concept and legal nature of asmart contract. A similar situation has been developed in legislations of those countries thathave included the rules on smart contracts (ex., USA, Italy, Belarus). Such a large numberof various points of view on the concept and the nature of a smart contract and on methodsof legal regulation indicate the absence of a proper legal concept of smart contracts thatwould be able to adequately combine both technical and legal features of the technical andlegal phenomenon under consideration. The aim of the study is a comparative legal analysisof the legislation and doctrines of various countries to determine the legal nature of a smartcontract and to justify proposals for improving existing legislation, which will eliminate themain disadvantages of a smart contract application in practice. The subject of the study isRussian and foreign legislations about the legal regulation of civil law relations in cyberspacein general, and on the blockchain platform, in particular, also Russian and foreign doctrinesregarding the legal problems of smart contracts applicаtion in civil circulation. Researchmethods: dialectical, formal logical, functional, and other general scientific researchmethods, and special legal methods: formal, logical and comparative. Results of theresearch: outside of legal regulation, a smart contract is a regular computer program thatcannot be of a legal nature. It remains a technical solution, an innovation in the area ofcomputer technology. A smart contract can be used for various purposes in law, includingthe usage in contractual practice. In case of using a smart contract in contractual practice,it is necessary to distinguish between a computer program and the legal relationship itself,i.e. contract. In accordance with aforesaid, the law can only regulate contractual relations,taking into account the technical features of a computer program that inevitably changesthe contractual relationship. Depending on the objectives of legal regulation, a smartcontract can be used as a way of executing a traditional contract, which can be concludedin simple written or oral form, or as a special non-independent contractual design thatcannot be concluded separately from the corresponding contract type.

Принципы жилищного права (на материалах Республики Беларусь)

Определение места жилищного права в системе права – проблема теоретического порядка, однако от ее решения зависит эффективное правовое регулирование жилищных отношений. В качестве исходной позиции авторы статьи выдвигают тезис о том, что выделение новых самостоятельных отраслей права оправдано лишь при наличии объективной возможности выделения специфических, присущих только данному образованию основных начал (правовых принципов). На основе анализа принципов жилищного права, закрепленных в статье 3 Жилищного кодекса Республики Беларусь, авторы делают вывод об отсутствии уникальности принципов жилищного права, отражающих его исключительную отраслевую специфику. Наряду с отсутствием собственного предмета и метода правового регулирования жилищных отношений, это обстоятельство не позволяет признать жилищное право самостоятельной отраслью права. Данный вывод, однако, не колеблет уверенности в том, что точное понимание правовой природы и содержания принципов, положенных в основу правового регулирования, способно оказать позитивное влияние не только на формирование всего массива правовых норм, регулирующих жилищные правоотношения, но и способствовать формированию правоприменительной практики в соответствии с заданными ориентирами

Теоретико-правовая природа нормативного регулирования в Закавказье в начале XIX в.

The author’s intention is to study the theoretical and legal essence of normative legal acts in force in Transcaucasia at the beginning of the 19th century. Through the provisions of legal acts and plots of historical and legal history, an attempt is made to explication and theoretical and legal analysis of the regulatory legal regulation of social relations and its ideological paradigms. The theoretical and legal basis of the analysis was the work of legal theorists. The regulatory framework of the study was constituted by the regulatory legal acts of the Russian Empire at the beginning of the 19th century. The methodological basis of the study was the general dialectical method of scientific knowledge, methods of empirical and theoretical nature (description, formalization, comparison, analysis, generalization, deduction and induction, hypothesis). Based on the analysis of the content of historical legal acts, it can be concluded that the doctrine of regulatory regulation was determined by the priority of state interests, which contributed to the development of public law branches of law. Legal regulation was carried out by local bylaws containing, as intended, regulatory and protective standards. The constituent legal precepts found themselves in the fundamental acts that legally formalized the most important institut ions of society. Power regulations in the form of expression as a whole were binding, and by the method of legal regulation were imperative.

Theoretical Problems of Legal Regulation of Innovations in the Medical Field: Experience in Counteracting Covid-19

The work is devoted to identifying the main problems of legal regulation of innovations in the medical field and developing the best options for solving them in the context of the Covid-19 pandemic. Thus, the research methodology is based on general and special scientific methods, in particular: formal legal, historical and legal, comparative analysis, and modeling. So, the procedure and issues to be considered are as follows. In the introduction, we will briefly highlight the origins of intellectual property rights issues in the medical field and the overall state of the pharmaceutical industry. In the first subsection of the third section, we will consider the positions of the main players in the pharmaceutical industry and the contradictions between them. In the second subsection, we will highlight the international obligations under TRIPS. In the third subsection, we will consider the consequences of their direct violation. In the fourth subsection, the impact of Covid-19 and the methods of legal regulation of medical innovations and patents under the TRIPS agreement will be discussed. In the fifth subsection, we will propose a way out and a compromise according to the Indian scenario. As a result of the study, contradictions were identified in the aspect of maintaining the balance of private and public interests between states and international pharmaceutical companies in the context of a pandemic and proposed ways to resolve them within the existing legal methods under the TRIPS agreement to achieve an acceptable compromise.

Финансовое право и финансовый рынок (часть 1)

The article examines the question of whether social relations arising in the financial market are included in the subject of financial law. In this regard, the concepts of finance, financial market and branch of law, the ratio of public and private law, the subject of financial law and methods of legal regulation are considered. Appropriate conclusions are drawn.

Anti-Crisis Legal Regulation in the COVID-19 Conditions: The System of Restrictions or Creative Legal Impact

Purpose: The purpose of this study is to scientifically and critically comprehend the experience of European countries in overcoming the COVID-19 consequences and, on its basis, to construct an optimal model of modern anti-crisis legal regulation. Design/Methodology/Approach: The authors constructed the anti-crisis legal regulation model and studied using the systematic scientific approach and the method of analysis and programming to reconstruct typical patterns of social relations, basing on knowledge about the regulation object and using legal tools and techniques. Through the methods of modeling and reconstruction the authors could develop and substantiate the anti-crisis model structure. In order to determine the national characteristics of the subject, the authors used the comparative legal method as well as statistical, system-structural and functional methods. Findings: As a result of the study, the authors made the conclusions about the essence of the crisis impact caused by the COVID-19 on the mechanism of legal regulation, about the features and principles of anti-crisis legal regulation, in particular, its subject, method, goals and tasks, and means of legal influence. The authors determined the conditionality of the anti-crisis legal regulation model by the initial legal principle underlying it, and the national legal awareness features. The authors prove that total restrictions make the population to overstep law, thereby reduce the authority of the law and trust in the legal bodies, deform legal awareness, violate existing legal relations and relationships. Practical Implications: The results of the study, based on a wide range of empirical data, are necessary for the development of state programs for the business normalization and the economy recovery, as well as for the formation of national strategies for anti-crisis legal regulation and guidelines, recommendations and clear procedures for the public emergency introduction. In particular, the authors proposed to use political and legal programming as a method of legal regulation in a crisis. Originality/Value: The novelty of the article is to develop the structure, models and features of anti-crisis legal regulation in COVID-19 pandemic conditions on the analysis and generalization of the experience of some European countries. The study proves the low effectiveness of the restrictive anti-crisis model of legal regulation in comparison with the creative legal impact both in conditions of a crisis and in overcoming its negative consequences.

Social Assistance and Social Services for Citizens during the Quarantine Period from a Pandemic On the Example of Uzbekistan and International Experience

The article considers the state policy of social protection of the population in the Republic of Uzbekistan. Methods of legal regulation of social security law. The system of social security law is analyzed. The history of formation and development of social security in the Republic of Uzbekistan is studied. Attention is paid to the rights of social security during the period of quarantine from a pandemic, and international legislation and experience are comparatively analyzed . The article deals with themain characteristics of the legal regulation of remote workers ‘ labor; theconcept and features of remote laboras a subject of labor law. The authors analyzed therelationship of an employment contract with a remote employee with other labor contracts. Legal acts in the field of regulating the work of remote workersin the context of a pandemic have been studied. Features of concluding an employment contract with a remote employee. Electronic interaction during the pandemic period, whichis under the control of the employer; – interaction between the employer and the employee is carried outusing public information and telecommunications networks.

Theoretical views on formation of international investment law

Goal: research of various theoretical views and approaches to the formation of international investment law.Methods of research: analysis and study of research papers and literature containing views and discussion on the formation ofinternational investment law.Results: It is the formation and development of special methods of international legal and national legal regulation of foreigninvestments that led to the formation of independent international investment law as a branch of international economic law. Theabsence of generally applicable sources of international law in the field of legal regulation of foreign investment negatively impactsdevelopment of the studied relations. Due to their special position in the system of international economic cooperation, internationalinvestment relations are an independent subject of legal regulation. The expansion and deepening of international investment relations,the existence of ever-growing international investment flows play a leading role in the globalization of the world economy which is themost important factor in the modern social development of individual countries and the world community as a whole. Methods of legalregulation of foreign investment have their own specifics.Discussion: offering a comprehensive and detailed study and research of the matter in various research institutions.

EVIDENCE LAW AS THE ELEMENT OF THE LEGAL SYSTEM

In the science of civil procedural law, there is considerable interest in the study of evidence law. In some cases, the evidence law is considered purely in the sense of the subjective right to prove the circumstances of the case but most researchers have attempted to determine the place of evidence law in the general system of law. However, the conclusionson this point are very different; the evidence law is proposed to be considered as both a legal institute, and as a branch of law, and as an independent formation. To characterize evidence law, it is necessary to determine what legal rules are parts of it, how they are interconnected, and how they are involved in the proving. This will provide a basis for answering the question of the place of evidence law in the system of law.Evidence law is, first and foremost, rules of procedural law which establish the procedure for proving at all stages of it, determine the basic requirements under which procedural actions aimed at establishing the circumstances of a case must be made. The connection between the evidence law and the procedural law is obvious but proving in civil cases is directly influenced by substantive law.Rules of substantive law are the basis for the formation of the subjectmatter of proof. From these rules follows the main content of the evidentiary activity in the case and the relevance of evidence submitted to confirm the claims and objections of the participants in the case. Providing the form of committing certain transactions, the procedure for issuing various kinds of documents, the competence of different bodiesto make certain decisions, the substantive law rules help to determine the admissibility of the means of proof. They also establish legal presumptions that affect the distribution of the circumstances to be proven between the parties to the case, the legal status of judicial experts, the procedure for conducting judicial examinations and the requirements for expert opinions. Therefore, the evidentiary activity in civil cases cannot be carried out with the application of the rules of civil procedural law only and requires the application of the rules of substantive law.Despite this, unlike procedural law, substantive law does not contain any rule which is applicable in every civil case. The subject-matter of the case, the relevance of the evidence, and the substantive element of its admissibility are largely derived from substantive law, in each case being quite different legal provisions. That is, while some rules of procedural law, in particular, Art. 76-81, 83, 89 of the CPC are applicable in proving in all civil cases, there is no universal rule of substantive law whichwould be involved in proving in every case without exception. Rules of procedural law regulate proving directly by establishing the rights and obligations of the subjects of proving, specific rules and procedures for the submission, investigation and evaluation of evidence. The rules of substantive law are included in proving selectively, their action is always individual and contextual in nature and limited to the resolution ofindividual issues. Therefore, it seems that the effect of the rules of substantive and procedural law in proving is as follows: the order of proving is governed by the rules of procedural law, and substantive law creates the preconditions for proving.The rules of procedural and substantive law in evidence law are combined in a complex, rather than systematic way, since the set of these rules is not characterized by the construction inherent in the system. The set of these rules is not peculiar to the unity of the object and method of legal regulation, commonality in the use of the same institutions and reciprocity of influence, so evidence law does not belong to any of theelements of the system of law. This is a legal phenomenon, an independent complex formation which is based on the rules of procedural law and is characterized by a special order of application of substantive law.