CRITERIA DISTINGUISHING CIVIL LAW FROM RELATED BRANCHES OF LAW

Civil law regulates property relations. As such relations make the subject of other branches of law, civil law experts specify the case: property independence of their subjects; property administrative independence of participants of property relations; isolation of property in turn; equality of participants of property relations regulated by civil law; mutually estimated character of public relations making the subject of civil law. Instructions on property character of public relations is not enough for distinguishing civil law from a number of other branches, for example, labour, social security, agrarian, land rights, etc. So, labour relations include property relations connected with payment, guarantees and indemnifications, compensation of harm caused to the subject of labour law in the structure. However, labour relations are also regulated by civil law: turnkey contract, performance of research, developmental and technological works, remunerated rendering of services. According to Article 780 of the Civil Code of the Russian Federation the executor usually '' is obliged to render services personally'', i. e. to perform certain work on the instructions of the customer. Labour relations arise between the executor and the customer who is carrying out the contract for research, developmental and technological works (Chapter 38 of the Civil Code the Russian Federation). ''Under the turnkey contract one party (contractor) undertakes to execute certain work on the instructions of the other party (customer)'' (Article 702 of the Civil Code the Russian Federation). Therefore, there is a problem of differentiation of subjects of labour and civil law. Labour relations, as well as relations making up the subject of civil law, do not properly perform the role of the backbone factor at allocation of branch of law in the system of domestic law. Domestic law should be analysed as a system. As any social system it consists of separate elements -branches. In the theory of law the following main (traditional) branches are distinguished -state, administrative, civil and criminal laws. Other basic branches are administrative procedure, criminal procedure law and special branches generated on the basis of the traditional ones -the labour, family, financial, and land laws. The system of law also includes complex, specialised and integrated branches. Differentiation of law into branches is carried out by means of two backbone factors -subject and a method of legal regulation.