The legal system of Russia is a set of norms of the internal Russian system of law, norms of international law, ratified in the Russian Federation, as well as doctrines, ideology and law enforcement practice. Due to the fact that the Russian legal system belongs to the Romano-Germanic legal family, the dominant role in the Russian Federation is played by normative legal acts (RLA), in contrast to the Anglo-Saxon family, where the most important sources of law are judicial precedents. The legal system of Russia is characterized by a rigid hierarchy of laws and regulations, which differ from each other, first of all, in their legal force.
Instructions
Step 1
Since the Russian Federation is a federal state, the peculiarity of its legal system is the presence of two levels: the federal and the level of the subjects of the Russian Federation. Moreover, federal legislation is a priori higher in legal force than the legislation of the constituent entities of the federation.
Step 2
The following laws and regulations constitute the federal level of legislation:
1. The Constitution of the Russian Federation;
2. Generally recognized principles and norms of international law; international treaties and agreements of the Russian Federation, ratified in accordance with the established procedure;
3. Laws on amendments to the Constitution of Russia;
4. Federal Constitutional Laws (FKL);
5. Federal laws (FZ);
6. Acts of the President of the Russian Federation;
7. Acts of the Government of the Russian Federation;
8. Departmental legal acts.
Step 3
The Constitution of the Russian Federation is a legal act with the highest legal force on the territory of the Russian Federation; the basis of the legal system of Russia. In addition to fulfilling its legal function as a regulator of public relations, the Constitution of the Russian Federation is a political document declaring the goals of the state in various spheres of society, for example, in social, economic, cultural, etc.
Step 4
The generally recognized principles and norms of international law, as well as international treaties and agreements of Russia, are, in accordance with the provisions of Article 15 of the Constitution of the Russian Federation, an integral part of the Russian legal system. Moreover, the Constitution of the Russian Federation establishes the primacy of the norms of international law over national law, securing this provision in part 4 of article 15 of the Constitution of the Russian Federation.
Step 5
Laws on amendments to the Constitution of the Russian Federation are highlighted in a separate paragraph due to the complicated procedure for their adoption, namely: they require approval of at least 2/3 of the votes of the total number of deputies of the State Duma of the Russian Federation and at least 3/4 of the votes of the total number of members of the Federation Council RF. In addition, the consent of 2/3 of the representative (legislative) bodies of the constituent entities of the Russian Federation is required. Today there are at least 54 constituent entities of the Russian Federation.
Step 6
Federal constitutional laws (FKL) are adopted on issues that are directly indicated by the Constitution of the Russian Federation, for example, the procedure for accepting a new subject into Russia; the imposition of a state of emergency and martial law, etc. Their distinctive features are the possession of greater legal force in contrast to federal laws, as well as a complicated procedure for adoption (approval of at least 2/3 of the votes of the total number of deputies of the State Duma of the Russian Federation and at least 3/4 of the votes of the total number of members of the Federation Council of the Russian Federation). The President of the Russian Federation does not have the right to veto the FKZ.
Step 7
Federal laws are the main type of legal regulations governing public relations. Federal Laws are adopted on issues related to the exclusive competence of the Russian Federation, and issues of joint competence of the Russian Federation and the constituent entities. A complete list of these issues is enshrined in Art. 71 and 72 of the Constitution of the Russian Federation. For the adoption of the Federal Law, 50% + 1 of the total number of deputies of the State Duma of the Russian Federation and 50% + 1 of the total number of members of the Federation Council of the Russian Federation must vote.
Step 8
Acts of the President of the Russian Federation. These by-laws include decrees and orders. They are adopted only on issues of jurisdiction of the Russian Federation and cannot contradict the Constitution of the Russian Federation and federal laws.
Step 9
The acts of the Government of the Russian Federation include decrees and orders. They are adopted on issues attributed to the competence of the Government of the Russian Federation by the Constitution of the Russian Federation, as well as in pursuance of the Constitution of the Russian Federation, federal laws and acts of the President of the Russian Federation. If the decrees and orders of the Government of the Russian Federation contradict the legal regulations with greater legal force, they may be canceled by the President of the Russian Federation.
Step 10
Departmental legal acts are adopted by federal executive bodies. These are such acts as rules, instructions, orders, regulations. In order for these acts to gain legal force, they must be registered with the Ministry of Justice of the Russian Federation. If these legal acts contradict the higher acts, then they can be canceled by the Government of the Russian Federation.
Step 11
At the level of the constituent entities of the Russian Federation, the following hierarchy of laws and regulations operates:
1. The constitution (charter) of a constituent entity of the Russian Federation is the backbone of the legal system of a constituent entity of the Russian Federation, which determines its legal status and system of legislation;
2. Laws of a constituent entity of the Russian Federation - are issued on issues of joint jurisdiction of the Russian Federation and constituent entities and on issues of exclusive jurisdiction of constituent entities. They cannot contradict the Constitution of the Russian Federation and federal legislation;
3. Acts of executive authorities of a constituent entity of the Russian Federation - for example, orders and orders of the highest official of a constituent entity of the Russian Federation (governor); resolutions of the Government of the constituent entity of the Russian Federation, etc. These acts determine the procedure for the execution of federal and regional legal acts.
