Speech Date: 2013-10-01
At the first acquaintance with the domestic right, as a rule, the presence of a large number of regulatory acts is striking. According to information that lead the leading legal systems (guarantor, consultant +), today, including acts of subjects of the Russian Federation, the number regulatory documentation This is several million. If we take into account only the acts of federal meanings are about hundreds of thousands. Just think about these numbers !!! In such an abundance legal information It is quite difficult to navigate even an experienced lawyer. Therefore, a good law specialist specializes in some kind of separate industry or even the direction. No one is able to keep such a number of regulatory acts in the head. Moreover, the law knows little, it is equally important to understand the practice of his law enforcement. But this is his own, separate, big topic, the first contact with the right takes place at the time of dating with regulatory acts. And for the correct interpretation, of course, it is necessary to understand how everything is arranged.
Regulatory acts in the legal system Russian Federation There are not chaotic. They form a certain system, the foundations of which are laid in the Constitution of the Russian Federation. It is necessary to understand that any regulatory act must respond strictly defined for this type of acts of the requirements, at least formal.
The key to understanding the system of regulatory legal acts is the concept of "legal force" of the document. Unfortunately, in our legislation there is no legal definition of this term, however, the most often "legal force" is determined as the property of an official document capable of generating certain legal consequences. This property of regulatory acts is empowered by the current legislation and the body published it, it is presence of the obligation of its use.
Depending on the legal force of the regulatory act in the legal system, hierarchy is built, i.e. A certain system of coinled legal (regulatory) acts.
In Samoa general classification distinguish:
- Laws
- Regulations
Laws possess the highest legal force. it special documents, accepted on very important areas of public relations, have a rather complicated procedure for adopting and entering into force. According to legal strength, laws in Russia also have their hierarchy.
- Constitution
- Federal Constitutional Laws
- Federal laws
The Constitution is the main law of the country, from which all others proceed legal acts.
According to Art. 15 of the Constitution of the Russian Federation
The Constitution of the Russian Federation has the highest legal force, direct effect and applies throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation should not contradict the Constitution of the Russian Federation
In itself, the understanding of the basic principles laid down in the Constitution gives you a completely different, qualitatively another approach to solving any legal issue.
The main array legislative base Compose federal laws. Every year hundreds of federal laws are accepted in Russia. Not all of them, of course, are new laws. Most of them are corrective, contributing to already existing laws.
Federal laws are made by the State Duma (legislative), approved by the Federation Council, are signed by the President of the Russian Federation, published in official publications and then only, after a certain time, take effect.
A rather complicated procedure of publication of laws is dictated by the importance of social relations regulated by them, as well as their primary (after the Constitution) in the system of regulatory acts of Russia.
In addition to laws (the Constitution, federal constitutional laws and federal laws), the system of regulatory legal acts, as indicated above, includes another large group of acts, the so-called regulatory acts.
- Decrees and orders of the President
- Decisions and orders of the government
- Acts federal organs executive power
These are acts that according to the procedure of publication are much less complex than laws. The efficiency of their adoption is much higher, but also the degree of confidence in them, as the acts of the executive power less than the laws as acts legislative power. By and large, their main functionality is "pursuant to federal laws." They cannot, and should not be replaced by laws in those areas where public relations should be regulated exclusively by law. The exceptions make up the presidential decrees that will temporarily receive the functions of laws, until their adoption. In practice, unfortunately, there are situations when laws governing a certain sphere of relations may well be regulated by subtitle acts and vice versa, where we need lawsight acts. This is not entirely right. It is impossible to "wash off the border" between the legislative and executive authorities. Of course, the law is an inert legal regulator, which is not always able to quickly react to what is happening, but it is not intended for this, its main function regulation is the most Important public relations, not to satisfy the momentary interests of a group of persons. But back to the merits of the question.
Decrees and orders issued by the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws. They are mandatory for execution throughout the Russian Federation.
Based on and to fulfill the Constitution of the Russian Federation, federal laws, regulatory decisions of the President of the Russian Federation, the Government of the Russian Federation issues decisions and orders, ensures their execution.
Decisions of the Government of the Russian Federation in case of their contradiction of the Constitution of the Russian Federation, federal laws and decions of the President of the Russian Federation may be canceled by the President of the Russian Federation.
Regulatory legal acts of federal executive authorities are issued on the basis of and pursuant to federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as well as on the initiative of federal executive bodies within their competence.
It should be noted that the orders of the President and the Government of the Russian Federation are usually an individual or organizational nature, without being essentially regulatory documentswhich have repeated use and are addressed to an uncertain circle of persons.
Regulatory legal acts are issued by federal executive bodies in the form of decisions, orders, orders, rules, instructions and regulations.
Thus, the system of regulatory acts, taking into account legal force, is built as follows:
In addition, any regulatory legal acts affecting the rights, freedoms and responsibilities of a person and a citizen cannot be applied if they are not officially published for universal information.
Also, it should be noted here that the above system of regulatory legal acts affects at least two more sources that are not indicated here:
- International Acts
- Acts Constitutional Court RF
So, according to Art. 15 of the Constitution of the Russian Federation
Generally accepted principles and norms international law And international treaties of the Russian Federation are an integral part of its legal system. If other rules have been established by the International Treaty of the Russian Federation than those provided for by law, the rules apply international Treaty
In addition, according to Art. 125 Constitution of the Russian Federation
Acts or their individual provisions recognized as unconstitutional are lost; Non-relevant Constitutions of the Russian Federation, international treaties of the Russian Federation are not subject to enactment and use
In fairness it is worth noting that the above system of regulatory legal acts is shown without regard to legal acts of constituent entities of the Russian Federation. At the same time, Russia has a democratic federal constitutional state with the republican form of government. And part of social relations is in the joint joining of the Russian Federation and the constituent entities of the Russian Federation. Moreover, outside the references of the Russian Federation and the powers of the Russian Federation on the subjects of joint management of the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation have the fullness state power. It is worth always remembering when making a decision, based on this or that regulatory legal act.
In the entire history of its existence, humanity many times tried to find the most effective regulator of social relations, which could be influenced by all sectors of society and every citizen separately. Different decisions appeared in the search process, but they all did not bring due results. But closer to our era, the right was invented. In fact, it was authorized by one or another state, the principality or other territorial formation of moral norms used directly in society.
Such a regulation became a prototype of the existing right to date in the sense in which all people understand it. However, the structure itself in a separate state itself is of great interest, but also the mechanism of their immediate implementation. This process at all times was carried out by officially by the authorities. As a rule, such kettles were drawn up, or rather, they were prescribed in specific documents that are called today " regulations"It should be noted that in Russia, as well as other states, official documents, in order to ensure the effectiveness of their provisions, are included in a single hierarchy structure. It is thanks to the Hierarchy of the NPA that the most accurate regulation of relations in society can be achieved.
The concept of NPA
Legal system The Russian Federation is considered a structure, one of the elements of which is NAP. However, before considering the features of the entire legal policy of the Russian Federation, it is necessary to familiarize themselves with the key provisions of the concept of NAP. According to the current tradition in the theory of state and law, regulations Considered as official documents that have an established form.
They are issued within the competence of one or another state body and contain a certain number of common behavioral norms. NPA is usually designed for a large circle of individuals, and their use is produced repeatedly. It should be noted that regulations can also be published by referendum taking into account all legislative procedures. Such practice has been introduced in many countries around the world, since it mostly characterizes the geoplasty regime.
Regulatory act as a source of law
In the countries of the Romanesque Legal Family, the right of the hierarchy of regulatory acts plays a paramount role in the process of regulating legal relations. Because NPA in such states is the main source of law. Such documents are issued only by authorized bodies within their competence. In addition, the established form indicates that NAP is drawn up for all existing parameters. legal technique. As a rule, the hierarchy of regulatory acts exists only in the Romance Family countries, because in the Anglo-Saxon states is a key source judicial precedent. In this case, the hierarchy of the NAP structure is simply not needed.
Types of main NPA
If we take into account the peculiarities of the legal system of the Russian Federation, then the normative acts, as evidenced by the concept presented above, can be conditionally divided into two large groups, namely:
1. Laws, that is, the NPA, which are not just the highest gossi authorities, but legislative authorities. In addition, laws can be called all the acts issued in the order of lawmaking.
2. Regulations - These are the official documents issued by government agencies within their competence and, as a rule, on the basis of previously published laws. Such documents include acts of the President of the Russian Federation, government, ministries, other federal departments.
It is worth noting that at the head of the entire presented system it is the Constitution of the Russian Federation, which is the main law of the state. All these types of basic regulatory acts of the Russian Federation characterize the well-established legal traditions of our state.
Legal hierarchy
The hierarchy of the Russian Federation is due to a certain set of factors, through which theoretically substantiates the need to give one AK-there (their species) higher legal force than others. It is divided into two main types:
1. The vertical hierarchy of the regulatory acts of the Russian Federation is the distribution of all official documents from the Constitution to individual departmental acts. At the same time, there are two main types of vertical hierarchy, namely, the federal (which is applied throughout the Russian Federation) and local (the level of subjects of the federation).
2. The horizontal hierarchy of regulatory acts of the Russian Federation shows the differentiation of all official documents on their scope. An excellent example is local acts of the constituent entities of the Russian Federation. Among themselves they are equal in legal strength, but regulatory regulation They are carried out only within the territory of a particular entity.
In order to understand more than above, the types of basic regulatory and legal acts presented above organize the reversaling of social relations in the Russian Federation, it is necessary to consider their features individually from each other. It is worth noting that special tables are used in the preparation of lawyers practitioners. With their help, novice lawyers get acquainted with the peculiarities of the structured NPU structure. Thus, it helps to understand what the hierarchy of the regulatory and legal acts of the Russian Federation is, the scheme. With it, it is much easier to represent the confusing NPU system.
Russian Constitution.
The entire legal system of the Russian Federation is enshrined in a single main state regulatory act - the Constitution. As in other countries, the main law of the Russian Federation contains the initial principles of ensuring the rights and freedoms of a citizen, enshrines the separation of all on legislative, executive and judicial, as well as the mechanism of their interaction between themselves. Although the Constitution of the Russian Federation and is called the main law, its publication is carried out in a specific order. The same changes are made to the main law. In accordance with the provisions of the Constitution of the Russian Federation, its change is carried out by convening but such an order is implemented only if it is necessary to revise the entire law. In other situations, changes to the Constitution are made through federal laws.
Principles enshrined in the Constitution
The hierarchy of the regulatory and legal acts of the RFNA only comes from the Constitution, but is also largely constructed on the principles fixed in it. In addition, these principles characterize the framework of legal regulation in the state. You can select the following source positions Basic Law:
1. Democraticism of the state and power.
2. Peopia.
3. The federal principle of the territorial device.
4. Russia is a legal and social state.
5. Humanism of all public relations.
6. The secular nature of power.
7. The form of the Board is republican.
Federal laws
The hierarchy of regulatory acts of Russia, if not to take into account the constitution, which is the basis of the legal system, is headed by federal laws. It is federal legislation that the social relations that must be regulated are made direct impact on the public relations. In this case, practically any questions that are the subject of the federation directly or its subjects may be affected. The norms of these NPU are mandatory for execution at all levels of regulatory regulation. The issued shareholders should not only comply with the norms of laws, but also not contradict them.
As a rule, federal laws are accepted on the following issues, for example:
Amendments to the Constitution of the Russian Federation;
Regarding the federal device of the Russian Federation;
Protection of human rights and freedoms, citizen;
Adjustment of the three-step system of legislative, judicial and executive bodies;
Establishing the federal budget;
Ensuring security, legality and law and order;
Regulation of other issues of foreign and domestic policies;
Questions that are not affected by federal legislation are regulated by subjects. Nevertheless, the hierarchy of the regulatory acts of the Russian Federation is actually headed by law, which indicates their significant role. Therefore, the provisions of the FZ are always priority.
Types of FZ.
Laws, like other NPA, have their own classification. As a rule, all laws of the Russian Federation are divided into two key types:
1. Basic laws, that is, regulatory acts published by lawmaking by the authority to the authority to regulate certain legal relations.
2. The laws on amending are specific regulations that have equal legally effective with the Federal Law. In essence, they are laws, but their provisions are implemented only a change in the current legislation, and not regulating any relationship.
In addition, it should be noted that the hierarchy of regulatory legal acts in the Russian Federation contains the so-called codes. These acts are codified collections of numerous legal norms united by a single subject of regulation.
Regulations
In addition to the Constitution and the Federal Law, the NPA hierarchy also includes sub-commercial acts. They are issued in the field of conducting individual bodies and departments for operational and "point" regulation of specific relationships and solving certain tasks. Warning acts in their array are divided into the acts of the President of Russia and the Government. As for presidential acts, they are usually regulated by the issues related to the assignment classic ranks, honorary titles, appointment for posts in the highest authorities, the provision of political asylum, as well as some issues that arise in the process of international cooperation. Government shaft acts are the NPU of the Higher Published to provide executive in the state.
Conclusion
So, we present the concept, species and hierarchy of regulatory legal acts in the Russian Federation. It should be noted that the presented question still needs some legal refinements in order to legal regulation On the part of state power, it was more effective.
Also, the main sources of law are accepted and natural law. Legal custom of legal custom is considered the first form of expression of the right. Some norms of customary rights are still used. Legally, it is customary to consider the rule of behavior that included in the habit of the people and to which state bodies attached to the general relationship. But not every custom becomes the norm of law. In this case, legal custom is compulsory. Judicial precedent such a source of law as a judicial precedent is judicial decision by legal businesswhich ultimately becomes a sample when considering other similar cases. In another person, the judicial precedent is called judicial law or the right of judges. The algorithm for the emergence of such a source of law is quite simple and fair.
Hierarchy of regulatory and legal acts of the Russian Federation. Legal system of the Russian Federation
IN federated State Each subject, along with other attributes, has its own system of legislation. In the Russian Federation, 83 subjects and, therefore, along with the federal, there are another 83 system of legislation.
The legal basis for the formation of such systems is primarily a number of provisions of the Constitution of the Russian Federation, federal laws, the Constitution (Charters) and the laws of the constituent entities of the Russian Federation. So, in accordance with Part 2 of Art. 5 "The republic (state) has its own constitution and legislation.
Region, region, federal city, autonomous region, autonomous District It has its own charter and legislation. " The status of constituent entities of the Russian Federation determines Art.
66 of the Constitution of the Russian Federation, and the system of regulatory legal acts of the constituent entities of the Russian Federation establishes Art. 76 Constitution of the Russian Federation. However, you need to pay attention to a number of moments.
Hierarchy of regulatory and legal acts of the Russian Federation
Taster, contradictions between the regulatory decisions of the legislative bodies and regulatory acts - decrees (decrees) of the executive authorities are quite possible, such conflicts should be considered as hierarchical. In this case, priority should be given to the acts of the representative body.
Ultimately, the legislature of power instead of a resolution can take the law and thereby give its norms higher legal force Tolstik V.A. Hierarchy sources russian law: Monograph. N.Novgorod: Publishing House "Intelservice Society", 2002.
Attention
P. 182 .. Regulatory decrees (rulings) of leaders of the senior executive bodies of the subjects in turn are of higher legal force than acts taken by any other bodies of the relevant branch of power. Determining in this case is the factor "Hierarchy government agencies».
4. Orighery of regulatory legal acts.
Of course, the law is an inert legal regulator, which is not always able to quickly react to what is happening the realities, but for this it is not intended, its main function regulation of the most important public relations, and not to satisfy the momentary interests of a group of persons. But back to the merits of the question. Decrees and orders issued by the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws.
They are mandatory for execution throughout the Russian Federation. Based on and to fulfill the Constitution of the Russian Federation, federal laws, regulatory decisions of the President of the Russian Federation, the Government of the Russian Federation issues decisions and orders, ensures their execution.
Hierarchy of the regulatory and legal acts of the Russian Federation
Constitution of the Russian Federation The Constitution of the Russian Federation has the highest legal force, direct effect and applies throughout the Russian Federation. The laws and other legal acts adopted in the Russian Federation should not contradict the Constitution of the Russian Federation in itself, the understanding of the basic principles laid down in the Constitution gives you a completely different, qualitatively a different approach to solving any legal issue.
The main array of the legislative base is federal laws. Every year hundreds of federal laws are accepted in Russia. Not all of them, of course, are new laws. Most of them are corrective, contributing to already existing laws.
Sources of law
It is worth noting that special tables are used in the preparation of lawyers practitioners. With their help, novice lawyers get acquainted with the peculiarities of the structured NPU structure.
Info
Thus, it helps to understand what the hierarchy of the regulatory and legal acts of the Russian Federation is, the scheme. With it, it is much easier to represent the confusing NPU system.
Russian Constitution The entire legal system of the Russian Federation is enshrined in a single main state regulatory act - the Constitution. As in other countries, the main law of the Russian Federation contains the initial principles of ensuring the rights and freedoms of a citizen, establishes the separation of all authorities to legislative, executive and judicial, as well as the mechanism of their interaction among themselves.
Although the Constitution of the Russian Federation and is called the main law, its publication is carried out in a specific order. The same changes are made to the main law.
Legal system of the Russian Federation
Also, it should be noted here that the above system of regulatory legal acts affects at least two more sources that are not indicated here:
- International Acts
- Acts of the Constitutional Court of the Russian Federation
So, according to Art. 15 Constitution of the Russian Federation Generally accepted principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If the international treaty of the Russian Federation has established other rules than those provided for by law, the rules of the International Agreement are applied, in addition, according to Art.
Constitution in the hierarchy of regulatory acts
State power in modern Russia is largely based on the right, as the main regulator of public relations. This approach is a novelty, because the territory of the Russian Federation spent most of its history under the flags of monarchical and republican-totalitarian states.
As we understand, the centralization of power in such countries is large enough, but the role of the right is insignificant. Thus, the modern legal system of Russia is a huge step forward on the way to achieving a perfect democratic system.
Analyzing the created legal system of this state, it is necessary to emphasize the majority of regulatory acts. They not only streamline and regulate social relations, but also allow them to integrally and effectively implement the rules of law in real life. Such significance of regulatory acts exists due to the rigid hierarchy in which they are located.
Regulatory legal acts are issued by federal executive bodies in the form of decisions, orders, orders, rules, instructions and regulations. Thus, the system of regulatory acts, taking into account legal force, is built as follows: the Constitution of Federal Constitutional Laws Federal Laws Decrees of the President of the Government Decision Acts of the Federal Executive Authorities The laws are subject to official publication. Unpublished laws do not apply. In addition, any regulatory legal acts affecting the rights, freedoms and responsibilities of a person and a citizen cannot be applied if they are not officially published for universal information.
NPA in the Constitution of the Russian Federation and their hierarchy
Government regulations have two main forms:
- Resolutions - acts of multiplections, regulatory nature, acting on an unlimited number of persons.
- Order - acts of an abnormative nature.
The legal force of regulatory legal acts, the hierarchy of which is based on vertical subordination, has an important importance in the process of publication of orders and decisions of the Russian government. They cannot contradict the regulations of the president, the laws and the constitution, otherwise their action stops.
Thus, acts of the Government of the Russian Federation have less legal force in comparison with other federal documents. But they are endowed with priority to departmental and territorial regulatory acts.
Departmental NPU departmental acts are issued by individual ministries or other executive bodies.
The political history of this country has significantly affected the structure and viability of law. Since the establishment of the Russian Federation as an independent state, the sources of law needed to appear at that time. The hierarchy of regulatory legal acts also began to develop with the advent of a democratic regime in the Russian Federation. The efforts to recreate the state did not pass in vain. Today, the Russian Federation is a fairly powerful political and economic power, which is valid in accordance with the Constitution of the Russian Federation of 1993. What is NPA hierarchy? The hierarchy of regulatory acts is a hard structure that is based on the legal strength of state-owned acts. There are other criteria for building a hierarchy. But in the Russian Federation, legal force is the main factor in building the structure.
Among the mass of current federal laws, codes are allocated, systematizing legislation in any particular branch of law (criminal, civil, Family Codes). The Code is not just a mechanical association of independent and maintaining its legal force of regulatory acts.
This is a new single act that replaces the previous one, leads all regulatory material Industries in a certain system, distributing it on sections, chapters and articles. In the Russian Federation, codes, as a rule, consist of a common and special part. In the first, the principles and beginnings are based on this industry, the most important concepts are formulated, their signs are listed, in the second co-hold directly legal norms. Along with federal laws in the Russian Federation, the laws of the subjects of the Federation are valid.
Regulatoryly, legal act (NPA) is the main source of law in the modern state.
NPU is published mainly by government agencies that have relevant competence in this field. The procedure of publication is strictly regulated.
NPA is an official document containing legal norms regulating public relations.
In the aggregate, regulatory and legal acts make up the legislative system, which in turn is based on a strictly hierarchical structure.
In accordance with the laws of rulemaking, legal acts of higher authorities have a legal advantage (higher legal force) compared with the acts of lower organs, i.e. The latter are obliged to publish legal acts on the basis of the fulfillment of legal acts of higher authorities.
Hierarchical structure of NPA
Constitution of the Russian Federation
This is the main law of the state.
It defines the constitutional policy of the state, the state system, human rights and freedoms, as well as the basic rights and obligations of citizens of the state.
The Constitution is accepted by popular will (referendum).
The Constitution is a law with the highest legal force throughout Russia, all other laws are accepted in accordance with the Constitution.
Federal Constitutional Laws
Regulate the issues that are defined in the Constitution. The articles of the Constitution contains questions for which the Federal Constitutional Law should be adopted.
For example, Article 88 of the Constitution of the Russian Federation refers to the introduction of a state of emergency, and the circumstances and the procedure for introducing a state of emergency are established by the Federal Constitutional Law.
Such a federal constitutional law "On Emergency" No. 3-FKZ adopted 30.05.2001.
Federal laws
Legal acts regulating issues in various spheres of public relations (social, political, economic, family and others). (For example, FZ "On the Protection of Consumer Rights", "On the Police", "On Education".).
Federal laws include the Codes.
Code - that's legislative actcomprising systematized norms of any branch of law. (Tax code, Civil Code, Arbitration procedural Code, Family Code, etc.)
Acts of the President
The president can issue decrees and orders. Decrees may be regulatory. Orders do not contain the rules of law.
The acts of the president should not contradict the Constitution and the laws.
Acts of government
The government can issue decrees and orders.
Government acts should not contradict the Constitution, laws, as well as the acts of the President, otherwise the president has the right to cancel such acts.
Government acts signs the chairman of the government.
The theme of the rulings and orders of the government is diverse - it affects political, economical, scientific, educational issues, as well as human rights
Departmental acts
Executive authorities - ministry, departments, etc. can issue orders, instructions, guidelines, rules.
Executive acts may be binding on the relevant institutions, and may be generally obligatory.
For example, the Ministry of Finance and the Ministry of Education may issue generally binding acts that apply to all citizens.
Regulatory legal acts of federal bodies affecting the rights, freedom and responsibilities of a person and a citizen establishing legal status Organizations or having interdepartmental nature are subject to mandatory state registration in the Ministry of Justice of the Russian Federation.
Corporate acts
Accepted by organizations and institutions to determine the procedure for work and relationships within the organization.
They distribute their action only on members of such organizations.
These are charters, orders, rules, orders, etc. (For example, the charter of VEGA LLC, the rules of the internal labor regulation).
The hierarchical structure has the regulatory acts of the subjects of the Russian Federation
All regulatory acts of the subjects of the Russian Federation are accepted in accordance with the Constitution, federal laws and should not contradict them.
Constitution and statutes of the subjects of the Russian Federation
The Constitution is adopted by the Republic of RF, and the charters - the edges and the regions of the Russian Federation.
For example, the Constitution of the Republic of Adygea, the Charter of the Volgograd region, the Charter of the Krasnodar Territory.
The Constitution (Charter) of the subject of the Russian Federation is the main regional law.
It defines the legal status of the subject, its administrative and territorial device, system and the procedure local organs authorities, procedure of publication and adoption of regulatory and legal documents
Laws of the constituent entities of the Russian Federation
Documents adopted by the legislative authorities of the Directory of the Russian Federation and are mandatory only for citizens living in the territory of this entity.
The laws of constituent entities of the Russian Federation are accepted in accordance with the Constitution of the Russian Federation, federal laws and the constitution (charter) of the subject of the Russian Federation.
It has the highest legal force after the Constitution (Charter) of the subject, all other acts adopted by local governments should not contradict him.
Acts of local governments
Regulatory documents taken by local governments on various issues of local importance.
For example, decrees and orders of chapter local administration, orders and orders of officials of the local administration.
In addition to the established hierarchy of regulatory legal acts, there is a special rule established by part 4 of Article 15 of the Constitution of the Russian Federation, which states that in case of contradictions between the legislation of the Russian Federation and the International Treaty of the Russian Federation, the rules of the International Treaty should be applied, i.e. The supremacy of international treaties is enshrined.
The leading place in the system of legislation of the state is held by the Constitution (from Lat. Constitutio - establishment, institution, device). Constitution - this is the main law of the state and society regulating the most important parties to their internal organization. The constitution of the state is not only a purely legal, but also political, and ideological in its nature. Therefore, its content enshrines the ratio of socio-class forces in society, which has established by the time of adoption and enactment of the Constitution.
Unlike other laws, the Constitution:
a) is a fundamental act (the Constitution enshrines the foundations state building, basic rights and freedoms, determines the form of state, system supreme Organs state power, i.e., actually "establishes" the state);
b) is the main source of law, serves as a basis for current legislation (other laws based on the principles of the Constitution, develop its norms);
c) has the highest legal force (all current legislation should at least contradict the constitutional provisions, and the laws and other legal acts themselves are accepted and in the order that is established by the Constitution);
d) is distinguished by stability, because the most foundations of the state system are fixed;
e) is characterized by special (difficulty in comparison with the rest of the laws) of the procedure for adoption and change.
The first Scripture Constitution was adopted in the United States in 1787 (by the way, it still acts with minor changes). The story knows various ways of adopting constitutions: the Constitutional Assembly, or Convention (USA), the Constituent Meeting (Italy), a referendum (Russia, France), the Supreme Legislative Body (USSR), a one-sided act of the head of state ( Russian empire In 1906, Japan in 1889). The last method called the octroying is characteristic of absolute monarchies. In England there is an unwritten constitution, consisting the factories of several thousands of unchanged
The Constitution of the Russian Federation, which is the main law of the state, was adopted by a national vote on December 12, 1993. The text of the Constitution consists of a preamble, where the goals and objectives of the Constitution are set out, as well as the motives and conditions of its adoption, two sections, nine chapters and 137 articles. The first chapter enshrines the foundations of the constitutional system, the second chapter - the rights and freedoms of a person and a citizen, the third chapter - federated device States, the fourth chapter - the legal status of the president, the fifth chapter - the legal status and competence of the chambers of the Federal Assembly, the sixth chapter - the procedure for the formation, legal basis The activities and powers of the government, the seventh chapter - the principles of the implementation of justice, the place and role of vessels in the system of state authorities, the eighth chapter - the basis of the organization of local self-government. The ninth chapter is devoted to the procedure for revising the Constitution, amendments to it. The second section contains concluding and transitional provisions that determine the procedure for the entry of the constitution by virtue.
Amendments to chapters 3-8 of the Constitution are accepted Federal Assembly. For approval, not less 2 / s from the total number of votes of deputies of the State Duma and not less 3 /4 Votes of the members of the Federation Council. The president is obliged to sign these changes within 14 days, but they enter into legal force only after their approval by legislative authorities is not less 2 / s subjects of the Russian Federation.
A special procedure has been developed to change the provisions of Article 65 of the Constitution, which determines the composition of the Russian Federation: the amendments are made to it on the basis of the Federal Constitutional Law on the adoption in the Russian Federation and the formation of a new subject or a change in the constitutional and legal status of the subject of the Federation.
In system russian legislation The federal constitutional laws that are accepted in special order And only the issues provided for by the Constitution. Among the mass of current federal laws, codes are allocated, systematizing legislation in any particular branch of law (criminal, civil, family codes). The Code is not just a mechanical association of independent and maintaining its legal force of regulatory acts. This is a new single act that replaces the previous one, leads all the regulatory material of the industry into a certain system, distributing it on sections, chapters and articles. In the Russian Federation, codes, as a rule, consist of a common and special part. In the first, the principles fundamental for this industry and beginnings are formulated, the most important concepts are formulated, their signs are listed, in the second CO-hold directly existing legal norms.
Along with federal laws in the Russian Federation, the laws of the subjects of the Federation are valid. The legal system of the republics belonging to the Russian Federation is headed by constitutions, in the rest of the subjects of the Federation, the acts of fundamental values \u200b\u200bare charters. In accordance with them, within the framework of its own competence, the subjects of the federation may issue their own laws that should not be contrary to federal legislation (only in the case when one question is in the joint venture of the Russian Federation and its subject).
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For a long time, people tried to explain the causes of society, the driving forces of its development. Initially, such explanations were given in the form of myths. Myths are legends ancient
Formational and civilizational approaches to the study of society
The most developed in the domestic historical and philosophical science approaches to the explanation of entities and features historical process are formational and civilizes
Public progress and its criteria
It is fundamentally important to find out in which direction the society is moving in a state of continuous development and change. Under progress refers to the direction of times
Global problems of modernity
The global problems are called a set of problems of humanity that stood before him in the second half of the XX century. And on the solution of which the existence of civilization depends.
Man like a biosocial being
Philosophical disputes about human nature have a centuries-old history. Most often, the nature of man philosophers are called binary (double), and the person itself is determined as biosocial
Genesis of man. The needs and abilities of a person
Genesis is the most common and abstract concept denoting the existence of something at all. In philosophy, this concept is denoted and existing independently
Human activity and its diversity
All living creatures interact with the environment. Externally, this is manifested in motor activity. Adjusting K. environment, animals can use natural
Personality as a subject of public life. Socialization of personality. Interpersonal relationships
The word "personality" (Lat. Persona) originally marked the mask that an actor put on the ancient theater. Then it began to apply to the actor himself and his role (hence the "character").
Spiritual world of man
The spiritual world of personality (human microcosm) is a holistic and at the same time conflicting phenomenon. This is a complex system, the elements of which are: 1) spiritual needs in
Knowledge of the world. Sensual and rational knowledge. Intuition
Cognition can be defined as the process of human activity, the main content of which is the reflection of objective reality in its consciousness, and the result is obtaining a new
Truth and delusion. Criteria Truth
The essence of the process of knowledge is to get as objective, complete and accurate knowledge of the world. Various philosophical schools answered differently
Scientific knowledge
Today, science is the main form of human knowledge. The basis of scientific knowledge is the complex creative process of mental and pre-practical activity
Features of social knowledge. Social forecasting
Cognition is called the process of human activity, the main content of which is the reflection of objective reality in its consciousness, and the result is the result of the new
Development of knowledge about a person
Searches for a response to the question of how and when a person occurred, what is his place in the surrounding world, have a long history. In primitive forms of religion ancestors of a person with
Spiritual production and spiritual life of society
Under the spiritual life of society, the region of being, in which an objective reality is given to people not in the form of opposing subject matter, but as realnos
Spiritual culture
The word Cultura leads its origin from the Latin verb of Colo, which means "processing", "cultivate the soil". Initially, the word "culture" marked the process
Science and its role in society
Today, in the age of scientific and technological progress, humanity is especially clearly aware of the place and significance of science in his life. In modern society, more attention is paid
Religion
The term "religion" in translation from the Latin language literally means "binding, re-appealing to something." It is much more difficult to define the concept of "religion". Such definition
Art
It is customary to call the specific form of public consciousness and human, activities, which is a reflection of the surrounding reality in the art.
Education and self-education
Among social institutions modern society Education plays a crucial role in representing one of the main branches of human activity. Under formed
Economy, its role in society
The economy plays a huge role in society. First, it provides people with material conditions of existence - products of Patia, clothing, housing and other items
Types of economic systems
The economic system is a way to organize the economic life of society, which is a combination of ordered relationships between manufacturers and consumers
Economic cycle, its main phases
One of the features of the market economy is a tendency to repeat such economic phenomena as an increase or decrease in demand, an increase in production volumes or its
The economic growth
Under economic growth is a quantitative increase and qualitative improvement of social production. Achieving economic growth is about
Material manifold in modern economy
In modern highly developed countries, there is a really one market, but a whole system of markets, each of which has its own special functional purpose. Causes of occurrence
Money. Money turnover. Inflation
Money is called the general commodity equivalent, which expresses the cost of all goods and serving a mediator when exchanging each other. Money - Historically developing
State and economics
No economic system, even a system of free market competition, cannot be called absolutely free because it cannot work without state intervention. After all, I.
State budget, its essence and role. State debt
The state budget is an important link. financial system Any country, combining the main income and expenses of the state. In its economic content, he reflects
Taxes, their types and functions
Taxes are obligatory paymentslevied by the state with physical and legal entities in the budget of the corresponding level in size, the procedure and on the conditions determined by
World economy. Russia in the system of global economic ties
The global economy is called a system of national farms of individual countries united by international division of labor, as well as trade, industrial and other difts
Labor market. Employment and unemployment
Each person in the process of his life comes with other people in various economic relations, basically, fulfilling the role of the buyer. However, the buyer in the market can become
Economic culture
The origin of the concept of "culture" (from the colo lat - to process, cultivate the soil) is directly related to the material production of agricultural labor. In the initial stages times
Russia in a market economy
Transition to a market model economic Development In Russia, it was approved by the Government of the Russian Federation in October 1991. At the same time, the first program of radical was prepared.
Social structure of society, its elements. Inequality and social stratification
Under the social (stratification) structure is a stratification and hierarchical organization of various sections of society, as well as a set of institutions and relations between them
Personal and social human status. Social roles
Status is a certain position in the social structure of a group or society associated with other positions through the system of rights and obligations. Sociologists sores
Social mobility
Social mobility is called the movement of individual individuals or social groups from one position in the hierarchy of social stratification to another. Sociologists B.
Social norms. Social behavior
In the process of its vital activity, people constantly interact with each other. Diverse forms of interaction of individuals, as well as connections arising between different social
Ethnic community. Interethnic relations
Along with classes, estates and other groups, the social structure of society is also the historically established communion, called ethnic. Ethnic groups are big
Child in the family. Rights of the child
One of the main goals of creating a man and a family family is the birth and joint upbringing of children. It has long been known that for normal, full-fledged child's development family
Social conflict and ways to resolve
Social heterogeneity of society, differences in the level of income, property, power, prestige, horizontal and vertical mobility naturally lead to exacerbation of public
Social legislation, social policy
Under social policy understand part of the internal policy of the state embodied in social programs and the real conditions of human life, with which it
Politics, its role in society. The structure of the political sphere. Political system of society
The word "policy" occurred from the Greek word Politika, which means in the translation of "state affairs", "the art of government management". Political superstructure
Power, its origin and species
The authorities are called the ability and opportunity to exercise their will, to have a decisive impact on the activities and behavior of people with any means.
The origin of the state. Theories of the origin of the state
And in the past, and in this scientists tried to explain the causes of such the most important institution of human society as a state. Of all existing today
State, his signs and functions
In determining the concept of the state, various scientists nominate or coercion for exploited classes, or the organization of common cases arising from nature
Form of state. Form of government
The content of the state as a political organization of modern society can be expressed in different forms. The internal structure of the state and the methods of the implementation of the power of
Form of state device
If the form of the Board is characterized by the state in terms of the procedure for the formation and organization of higher state authorities, the form of the state device reflects
Democracy and her forms
Democracy involves the recognition of the principle of equality and freedom of all people, the active participation of the people in the political life of the country. Democratic regime is usually inherent to countries with
State machine
The state mechanism (apparatus) is a system of state bodies, with which the tasks and functions of the state are carried out. Activity of any state
Civil society and legal state
The idea of \u200b\u200bcivil society appeared in a new time, as opposed to the nationality of the state. The concept of civil society in the most complete form developed the German philosopher G. F. V.
Political parties
Political party (from Lat. Pars is part) - one of the most important institutions of the political system of society. There are several approaches to the definition of the party's concept. In the XIX -
Political ideology and its structure
Subjective side Political life is reflected in political consciousness. It is able to be ahead of practice, predict the development of the political process, and the investigator
Political culture and its types
Political culture is transmitted from generation to generation experience of political activity in which knowledge, beliefs and models of human behavior and socio are connected.
Right in the system of social norms
One way to coordinate the interests of people and smoothing the conflict arising between them and their associations is regulatory regulation, i.e., the regulation of behavior and
Right system
The system of law is an internal structure of law expressed in the unity and coherence of its standards and simultaneously their differentiation in the industries and institutions.
The close relationship of the state and the right is reflected in the concept of sources (forms) of law. Sources (forms) of law - these are state-official ways to express and consolidate it but
Powder
Most scientists understand the activities of the competent government agencies, public organizations, as well as the entire people to establish, change or ON
Legal relationship
During his life, people enter each other into a variety of social relations. Many of these relationships are governed by law and therefore are called legal relations.
OUTDANCE AND LEGAL CULTURE
Public consciousness has a certain internal structure comprising various levels (scientific, empirical, etc.) and forms. The latter are classified by the nature of societies.
Offencing
Regarding the right, people's behavior may be legally neutral (indifferent) and legally significant. Legally neutral behavior is not regulated by law and does not entail
Legal responsibility and its types
Legal responsibility is the adverse effects of personal, property and special nature imposed by the state on the offender in the established h
Human rights and freedoms
The concept of human rights is one of the most debatable in legal science. The most general definition proceeds from natural legal theory. According to her, human rights
Basics of the constitutional system of the Russian Federation
The constitutional system is a system of public relations in the country, in which the procedure established by the norms of the Constitution is observed. In other words, this is a public
Citizen and state
The regulatory expression of the foundations of the relationship between a citizen and the state in a particular society is the legal status of the person under which the legally established and
Unity of the system of state power
It is manifested in the presence of public administration authorities, whose powers extend to the entire territory of the country, in the rule of the Federal Constitution and Legislation. Subject
Administrative law
Administrative law - A branch of law regulating public relations arising in the process of implementing the executive authorities by the state authorities. The most important
Labor legal relations. Labor contract
Labor law - branch of Russian law, regulating the labor relations of workers with an employer arising from labor contract, as well as closely related to
Labor time and rest time
Working time - this is the time during which the employee in accordance with the rules of the internal employment regulation of the organization and the conditions of the employment contract must be
Salary
The Constitution of the Russian Federation enshrines each right to remuneration for labor without any discrimination and not lower than the established federal law minimal
Criminal legal relations. Criminal law
Criminal legal relations are a relationship between the criminal and the state of the crime regulated by the norms of criminal law. Feature of criminal law
The crime
The crime is perpetratocked by the community dangerous Actprohibited by the Criminal Code under the threat of punishment. The crime has a number of signs.
Circumstances excluding crime acts
In criminal law there are cases when acts cause harm public relationsand therefore it seems socially dangerous and illegal from the outside, but at the same time
Criminal liability. System and types of punishments
Criminal liability - Variety legal responsibility As the responsibilities of the person answer (undergoes the deprivation provided for by law) for the crime committed.
Criminal liability for some crimes
The most strictly criminal code is punishable for crimes against human life and human health. The chapter dedicated to the compositions of these crimes opens the special part of the Criminal Code. Most.
Civil law. Civil law commitments
Civil law - This is a branch of law, regulating property and related personalities. non-property relationship. Property relations call relationships