Law of Russia
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The primary and fundamental statement of laws in the
Hierarchy
Constitutionism
Adopted by national referendum on 12 December 1993 with 54.5% of the vote, the Constitution took effect on the day it was published – 25 December of the same year. It set out the fundamentals of government as well as proclaiming the rule of law, the ideological neutrality of the state, political pluralism, competitive elections and a separation of power, guaranteeing fundamental human rights to the Russian people. The Constitution establishes a semi-presidential system that encompasses strong executive power and increased independence for the president. Since its adoption in a 1993 referendum the Russian Constitution is considered to be the supreme law of the land. Article 15 of the Constitution reads that it "shall have supreme legal force and have direct effect, and shall be applicable throughout the entire territory of the Russian Federation." Courts are guided by the Constitution and it trumps federal and local laws.
Amendments
Few amendments have been made to the Constitution since its adoption. The most significant of these was made in 2008. It concerned the term of office to be held by the President of the Russian Federation, which was increased from four to six years.
Presidential System of the Russian Federation
After the dissolution of the Soviet Union, the Russian Federation came into being as an independent state in 1991 and it is described as a "democratic, federal, rule-based republic" in its constitution which is adopted in 1993, includes many universal principles such as human rights and freedoms, free elections, political and ideological pluralism and judicial independence. According to the Constitution of Russia, the President of Russia is head of the state, and of a multi-party system with executive power exercised by the government, headed by the Prime Minister, who is appointed by the President with the parliament's approval. Legislative power is vested in the two houses of the Federal Assembly of the Russian Federation, while the President and the government issue numerous legally binding by-laws. However, even some academics who accept that Russia has a constitutional semi-presidential model, describe the system as "presidential" and even "super presidential" due to the strong and central position of the president.[1]
Constitutional laws
Constitutional laws cannot become part of the constitution or amend parts of it absent a special legal act on constitutional amendment. They are typically enacted in important areas of constitutional law, such as Article 56 which allows for the passage of the constitutional laws necessitated by a state of emergency
Statutes
The Civil Code of Russia is the "constitution" of the market economy, and is special in the hierarchy of codes, since it will supplant contradictory text in other codes. New codes and laws supersede old ones, unless a statute expressly preserves the old law.
The
Sub-laws
Presidential decrees and directives
The President has power to issue normative and non-normative decrees, provided they do not contravene the constitution and federal laws. "On the basis and for the sake of implementation of the Constitution of the Russian Federation, federal laws, normative decrees of the President of the Russian Federation" Government may also issue directives having "normative" character.
Agency regulations
Agencies may enact regulations through their general competency, but these are limited to the extent of the constitution and relevant codes. If these limits are not strictly defined, then the president may use agencies to get around the legislative process. Consequently, agencies may have their powers limited by statutes. The Civil Code purposely authorizes supplementary rules by "statute" rather than the broader term "legislation" which could encompass other secondary law.
Judicial decisions, judicial practice and explanations of supreme courts
Russia is a civil law country; and, strictly speaking, decisions rendered by courts are not binding on other courts. However, the lower courts generally follow the principles established by the supreme courts. Moreover, according to Art.308.8 of the Code of Procedure in Commercial Courts, the Supreme Court can set aside a decision of a lower court on the grounds that this decision contravenes uniformity in interpretation of law as established by case law. In practice, but not in theory, precedents of the higher courts are becoming an important Russian law.[2]
Judicial explanations of law
The
Judicial review of laws for constitutionality by the constitutional court
Judicial Review allows courts to declare unconstitutional laws void. Constitutional Courts are therefore negative legislators. The interpretations of the constitution in the decisions of the Constitutional Court are also authoritative and binding on the political branches. The ordinary or lower courts may also apply judicial review. Courts of general
Other sources
USSR legislation
USSR legislation fills gaps as the new system is being put in place,[when?] and is purely transitional until the Russian parliament can add new laws. It cannot contradict legislative acts of RF.[citation needed]
Analogy
Judges often reason by analogy, using the general principles of the law the codes to interpret provisions broadly.[clarification needed][citation needed]
Legal consciousness, natural law, good faith and general principles
Judges don't rely on natural law, but rather legal positivism combined with general principles of law. They may rely on "the requirements of good faith, reasonableness, and justice since Civil Code and other codes tell specific principles within the code. Other principles are equity and fairness, general principles of law, etc.[citation needed]
Custom
The Russian Civil Code explicitly mentions custom as a separate source of law. Traditions may establish rules of decision where there is no dispositive language in statute or other written law.[citation needed]
Academic commentary
Individual scholars may be influential by drafting legislation or debating proposed legislation. Unlike in some civil-law systems, academic treatises or learned commentary is not considered a separate source of law or cited by judges, but judges and attorney rely on it for their arguments.[citation needed]
International law
All international law and the international treaties of the Russian Federation are part of Russian domestic legal system. Domestic law gives way to international law according to Article 15 of the Constitution. The Constitutional Court has the greatest expertise in applying international law.[citation needed]
Type of legal system
During the Soviet period, Russian law was considered to be socialist law. Since the fall of the Soviet Union that is no longer the case, and most scholars have classified the Russian legal system as a civil law system. However, there are problems with this new classification (similar to the ones that plagued Russia's classification as a socialist law country).[further explanation needed][3] Some legal branches could be considered as the mix of civil law and common law. For, example civil procedural law is considered by Dmitry Maleshin as a mix of civil law and common law.[4]
Publications
The Constitution of Russia instructs the president either to reject the laws passed by parliament, or to sign and publish them.[5]
The Constitution of Russia and the Federal Law "On the Procedure for the Publication and Entry into Force of Federal Constitutional Laws, Federal Laws, Acts of the Chambers of the Federal Assembly" dated 14.06.1994 No. 5-FZ establish that laws that have not been officially published are not applied.[6]
Federal laws, federal constitutional laws and acts (usually resolutions) of the chambers of Parliament are subject to publication. International treaties ratified by the Parliament are published together with the laws on ratification.
Laws are published within 7 days after being signed by the President and come into force after another 10 days, unless otherwise provided in the law itself.[7]
The official publication of the law in Russia is the first publication of the full text:
- in the "Parliamentary Newspaper" (Парламентская газета) — the official printing body of the Federal Assembly;
- in Rossiyskaya Gazeta (Российская газета) — the official publication of the government;
- in the "Collection of Legislation of the Russian Federation" (Собрание законодательства Российской Федерации);
- on the Official Internet portal of legal information (www.pravo.gov.ru) (Официальный интернет-портал правовой информации) (since 2011).
Legal education
Legal education has traditionally begun with the specialist degree in law (специалист по правоведению).[8]
See also
- Institute of State and Law
- Russian legal history
- Old Russian Law
- List of Russian legal historians
- Constitution of Russia
- Civil Code of Russia
- Copyright in Russia
- Criminal Code of Russia
- Law of the Soviet Union
- Judicial system of the Russian Empire
- Sudebnik
- Garant database of Russian legislation
- Consultant Plus database of Russian legislation
- Scholars in Russian law
References
- ^ Yılmaz, Müleyke Nurefşan İkbal (August 31, 2020). "With its Light and Dark Sides; The Unique Semi-Presidential System of the Russian Federation". Küresel Siyaset Merkezi (in Turkish). Retrieved December 23, 2020.
- ^ Sources of Russian law.
- ^ William Partlett, Reclassifying Russian Law: Mechanisms, Outcomes, and Solutions for an Overly Politicized Field, Columbia Journal of East European Law, Vol. 2, p. 1 (2008). Available at: https://ssrn.com/abstract=1197762.
- ^ Maleshin, Dmitry (January 29, 2007). "Russian Style of Civil Procedure".
- ^ "Конституция России. — Статья 107". Archived from the original on June 28, 2017. Retrieved July 5, 2017.
- ^ "ФЗ «Об опубликовании законов» (1994). — Статья 1". Archived from the original on June 23, 2017. Retrieved July 5, 2017.
- ^ "ФЗ «Об опубликовании законов» (1994). — Статья 6". Archived from the original on July 3, 2017. Retrieved July 5, 2017.
- ^ Harvard 2011, p. 3.
- The Russian Legal Profession (PDF), Harvard Law School Program on the Legal Profession, 2011, retrieved January 25, 2013
- Peter Maggs, William Burnham and Gennady Danilenko, Law and Legal System of the Russian Federation, Juris Publishing, Inc., 2012
External links
- kremlin.ru/acts — Documents of the President of Russia (in Russian)
- government.ru/docs — Documents of the Government of Russia (in Russian)
- zakon.scli.ru — Normative legal acts of the Russian Federation from the Ministry of Justice of the Russian Federation(in Russian)
- pravo.gov.ru — Official Russian internet portal for legal information (in Russian)
- Russian Private Law — A blog in English on Russian private law problems
- Legal Research Guide: Russia from the Library of Congress
- With its Light and Dark Sides; The Unique Semi-Presidential System of the Russian Federation, KÜRESEL SİYASET MERKEZİ