Despite the fact that the legislation of the Russian Federation is well developed, annually many federal laws undergo changes. Amendments to the main regulatory legal acts of the country are regularly introduced. This suggests that time is changing and the old laws are no longer relevant at present. But at the same time, the legislation has the highest legal force and all citizens of the country must abide by the legal acts. The rule of law is the fundamental principle of legality, determining that there is nothing higher than the law and everything is in front of it under equal conditions.
The concept of the rule of law. What is it?
In principle, this definition has a specific meaning and cannot have many variations. The rule of law is a doctrine that defines the equality of all people before the law. If a person, regardless of his social status and position in society, has done nothing that is contrary to the legislation of the country, he will not receive any punishment. This means that no one has the right to blame a person for any act without any reason. The rule of law is designed to protect citizens, to help them gain confidence in justice.
As already noted, the law is endowed with the highest legal force, and other regulatory legal acts should be issued on its basis. If any act is contrary to the law, any citizen of the Russian Federation has the right to appeal to the court with this kind of complaint.
How are laws formed?
The Constitution of the Russian Federation is the basic law of the country. This definition is familiar to almost every citizen, and it is true. All laws issued in the country must comply with the principles of the Constitution and in no case contradict them. In Russia, a set of laws is the creation of certain codes that govern relations in various directions. There are a lot of such codes: criminal, civil, family, etc.
Each codex has sections and articles. This allows for any violation or controversial moment to identify who is right and punish the perpetrator. For example, the criminal code of the Russian Federation. The offender inflicted bodily harm to the victim. If these injuries threaten the life and health of a person, the punishment will be one. And if it's a couple of bruises, then the punishment will be completely different.
The rule of law
One of the most important elements of the rule of law is the rule of law. It means that all legal acts are subordinate to the law. The rule of law and the law imply that all legal norms must be publicly available. The law must be stable and predictable. A judicial system should be accessible that is independent of the executive and legislative branches.
The judge makes a decision based solely on the facts presented in the case and in the laws. Modern law says that society should be empowered to adjust and create laws within the framework of democracy. At present, the rule of law is designed to counter situations where officials are above the law or given too broad powers.
The role of the rule of law
First of all, this principle does not apply to all states. It acts only in those with a democratic or liberal legal regime. The rule of law principle is very necessary for such states, since it will not allow arbitrariness in the country. In the USSR, the rule of law was proclaimed in a truncated form; decisions of congresses of the CPSU remained more important than the law. In Russia, this principle has been fully demonstrated, since the priority in legal force belongs to the Constitution and federal laws.
The rule of law is the main principle of the development and functioning of the rule of law. This concept does not tolerate any exceptions. The law will always be higher than other legal acts, and this is a universally recognized fact. The principle of the rule of law, from the point of view of the interests of the state, is correct, since it is impossible to allow other normative acts to have the highest legal force.
However, not all laws are equally superior. Since the legislation of the country cannot be called homogeneous, the distribution of legal force is rather uneven. If you make a small peculiar rating, then the leader will be the Constitution. The rule of law belongs to this document in full. The following are laws amending or amending the Constitution. Then codes and ordinary laws.
Signs of the rule of law
The rule of law state has many characteristics, including the separation of powers, the rights and duties of citizens, and the rule of law and law. But the latter concepts cannot be considered as a whole, since there are significant differences between them. Historians argue that the rule of law appeared much earlier than the law.
However, we consider the main provisions of the rule of law:
- the supreme power of the Constitution;
- a specific algorithm for adopting laws;
- compliance of other regulatory legal acts with the law;
- the presence of certain bodies designed to monitor compliance with the law.
It is these signs that form the rule of law system.
How is the rule of law implemented in practice?
Not all that is written in legal documents is fully implemented in practice. However, this cannot be said about the rule of law. There are two facts that will cast aside all doubts about the opposite.
1. All citizens of the country can and even are obliged to rely on the legislative framework of the country, including various codes, when committing any actions.
2. All legal acts, government decrees, as well as other regional laws must comply with the basic federal laws of the Russian Federation. Any citizen of the country has the opportunity and right to sue if he finds that a normative act or other document does not comply with the law.
As you can see, thanks to these signs, the rule of law is implemented in practice. In any court, the legislative framework is taken as the basis, and only then, in case of disputes, regional laws. If any acts contradict the basic laws, they are recognized as invalid. In this case, the legislator is obliged to change the documents as soon as possible in accordance with the law of the Russian Federation.
Output
The Russian Federation is a country with a democratic political regime. The rule of law principle is valid here without limitations and exceptions. Any person who knows their rights and obligations will not allow illegal actions in their favor.
The rule of law is the basis for any state of law. Unfortunately, in recent times, cases have become more frequent when an official exceeds his authority. In such a situation, a person can go to court, and the perpetrator will be punished. Also, fraud is developing more and more. All citizens of the Russian Federation are advised to familiarize themselves with their rights and obligations so as not to be deceived by criminals.