Definition, types and classification of prerequisites of formation of new bodies in the system of law

The relevance of the article is determined by the absence of a unified approach to branch differentiation and integration within the legal system in both the general theory of law and branch-specific legal sciences, a situation which has permitted scholars to identify exotic branches of law now numbering in the hundreds rather than dozens. This situation is further exacerbated by the frequent lack of objective prerequisites that would demonstrate the necessity and feasibility of systematizing legislation; even when such prerequisites are cited, many are not genuinely valid, sometimes representing either the product of an individual scholar's imagination or an unjustified conflation of distinct legal categories, such as "prerequisites" and "criteria" for distinguishing a legal branch. Consequently, the number of genuinely existing prerequisites for the differentiation and integration of legal branches is significantly smaller than proclaimed in legal literature, with research showing that the vast majority of cited prerequisites are applicable to nearly all branches proposed for recognition. Based on a review of existing prerequisites for the formation of various legal branches and the need to distinguish them from other legal phenomena, a classification into foundations and conditions is proposed, where foundations confirm the necessity for a new branch to emerge and conditions confirm its possibility. This classification possesses significant theoretical importance as it is built on principles of scientific validity and can incorporate most prerequisite varieties suggested in legal scholarship. Through an analysis of modern legislative practice and system-forming trends in the legal sphere, several foundations inherent to most emerging branches are identified and characterized, including the necessity to qualitatively increase the systematicity of current legislation and legal regulation, enhance practical usability and accessibility, define the optimal correlation and legal consolidation of the fundamental elements of legal relationships and their connections, and safeguard state or public interests expressed in political-legal decisions. Conditions, in turn, can be categorized as general or special depending on branch-specific aspects of formation and as political, historical, legal, or theoretical based on their focus. The conclusion is reached that the aforementioned foundations, only in conjunction with the relevant conditions, can determine the necessity and possibility of integrating or differentiating new branches within the legal system. The author declares no conflicts of interests.

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