LawState and Law

Sources of Russian law

Sources of the constitutional law of the Russian Federation (on the legal side) show that form of expression of prescriptions, in which they reach the society. The concept indicates where to look to find the right rule of behavior, how to apply it, in what situations to guide them, and so on. Thus, the sources of Russian constitutional law are "the official storehouse of the carriers of existing norms." They represent an external, official form of expression of norms, the acceptance of documentary formal fixing by the power of objective law and guarantees for its provision.

The most common sources of Russian law are normative acts. These documents have their own distinctive features. So, normative acts are:

1. Acts that come from the government and are formulated by it.

2. Documents that are accepted by officials (public authorities) within their competence.

3. Acts that change and are approved in accordance with a special law-making procedure for the adoption, publication and entry into force.

4. Documents having a written form (written right) and subject to official publication in the relevant publications.

5. Acts that are in hierarchical subordination among themselves.

The Constitution of the country has undoubted priority in the entire structure of normative documents. It is endowed with the status of the "Basic Law".

Given the diversity, the sources of Russian law can be divided into certain categories. In this case, the classification of norms can be carried out in different ways.

Thus, the sources of Russian law are divided into several groups in accordance with the subject of lawmaking and legal force. These categories include: declarations, laws, constitutions, statutory acts of executive bodies and heads of state, acts of bodies for constitutional control, provisions adopted by local governments, parliamentary regulations.

In accordance with the territory of operation, the sources of Russian law are divided into:

1. Acts that operate throughout the country.

2. Provisions, the force of which applies only to the territory of a certain subject (the region, the city of the federal level, the region).

3. Acts that operate within a particular municipal formation (district, city, other locality).

The Constitution is the main source of law in Russia. The Basic Law is endowed with the highest legal force. It should be noted that the Constitution for constitutional law is not only a source, but also a direct codified law of the industry. In other words, for this sphere the Basic Law has, among other things, the same meaning as the Civil Code for the sphere of civil relations, the Criminal Code for the area of criminal procedure relations and so on.

The Constitution is considered to be the source of constitutional law in full. In other words, absolutely all articles and prescriptions formulate the norms of the industry in question. In this regard, the Constitution is characterized by specialists as an "unconditional source of the current constitutional law", in contrast to subordinate acts, federal laws and other documents acting as sources only if they contain constitutional and legal content.

Thus, the Basic Law determines the self-determination of the relevant legal branch as autonomous in the whole system. Along with this, the branches of constitutional law are given the leading importance throughout the system, and the Constitution heads the whole system of legal sources.

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