Leningradzkie korzenie pojęcia kompleksowej gałęzi prawa
The Leningrad Roots of the Concept of a Complex Branch of Law

Summary/Abstract: The concept of a complex branch of law was introduced by the Leningrad scholar Vladimir K. Raikher in his monograph Socio-Historical Types of Insurance, published in 1947. The formulation of the concept of a complex branch of law was an attempt to determine the place of insurance law within the legal system, taking into account the particular circumstances that shaped the framework for discussions on the legal system and its structure in the 1940s in the Soviet Union. While considering the position of insurance law within the legal system, V.K. Raikher faced the challenge of defining it according to the criterion of the subject of regulation, without at the same time questioning the catalogue of branches of law established on this basis by A.Y. Vyshinsky at the end of the 1930s. Within the subject of regulation of insurance law, V.K. Raikher identified diverse social relations that were classified under different branches of law. Such sets of legal norms are characterized both by diversity– since they consist of elements belonging to various fundamental branches of law– and by coherence, stemming from their common subject of regulation, albeit understood differently than in the case of fundamental branches. V.K. Raikher argued that the term „branch of law” may be applied to such sets of legal norms, with the qualification that these are complex branches, distinct from another type of branch of law– the fundamental branches. The concept of a complex branch of law became a subject of interest in Soviet legal scholarship, where it was analyzed and received both supportive and critical assessments.

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