This article will briefly talk about the features of the Russian legal system, about the role of law in public activities. The functions of the legal system, the gradation of legal measures and laws, the importance and role in the process of formation of civil society will also be presented.
General characteristics of the system
The legal system of any state is a combination of domestic legislative standards and international legal obligations.
The role of jurisprudence in society and the state as a whole is very serious and valuable, because it is intended to regulate the order between members of society and to establish relations that are correct from the point of view of morality and justice.
Original Sources and Sources of Law in the Russian Federation
Legal liability is established on the basis of the following sources:
- Constitution of the state.
- Federal laws, decrees and orders of the first person of the country - the President of the Russian Federation.
- Federal constitutional laws.
- Normative legal acts of legislative bodies.
- Departmental legal documentation of executive authorities.
- International agreements and treaties ratified in the established international legal order.
According to the first part of Article 15 of the Russian Constitution, all legal agreements, norms and principles must comply with the requirements of the fundamental source of law in Russia - the Constitution of the Russian Federation, not contradict it and comply with thematic necessity.
Regulations that run counter to clauses or principles of the Constitution must be either repealed or amended.
Types of legal force
To achieve consistency and rule of law in the field of legal relations, there is a certain hierarchy of legal acts by their legal weight. It assumes a vertical and horizontal hierarchical direction:
- Vertical - the formation of legal acts regulating the norms of the Constitution and the activities of departmental bodies. Vertical legislation also contains federal laws (they enter into force throughout the country) and regional laws (operating within the framework of state entities).
- Horizontal - these are legal acts that are fully equal in strength of jurisdiction, but find their application in certain strictly defined circumstances. So, for example, there is a type of legal documentation that is subject to application in some part of the country. Also, in the context of such legal acts, such a situation can happen that in the process of practical industry activity one of them outweighs the other, similar, similar to it in accuracy and scope of the issue. Such situations are dealt with through litigation.
The concept and features of the Russian legal system can be viewed through the prism of aspects of a social, social nature, which are described in more detail below.
Aspects of the legal relations system in Russia
Features of the Russian legal system summarize the aspects described below.
The first aspect - the ideology of the state is the starting point of lawmaking, therefore it serves as an indicator of the relevance and relevance of the strategically important issue and objectives, the criterion of legitimacy of the adopted laws and norms.
The second aspect is the well-established principles and laws of federalism. This principle, in turn, requires the construction of complex, multifactorial legal relations.
The third aspect is the need to assess the objectivity of the current socio-economic and organizational-technological conditions in the country.
The fourth aspect is the existence of such an urgent problem as an imperfect mechanism of interaction between federal and regional gradations of power. Such a mechanism should be as legally justified and convenient as possible, taking into account all the signs and characteristics of the Russian legal system, since it is the key to building a civil society and legal stability.
Features of the legal system in the Russian Federation
Any branch of social life has certain features. The legal relationship system is no exception. The main features and characteristics of the Russian legal system are described by such signs:
- An impressive, dominant defense of universal public interests, a common cause to the detriment of the individual claims of the individual, the spirit of generalization and collegiality.
- Weakly expressed legal personality in the culture as a whole.
- The wide and widespread influence of non-legal regulators in public life: religious, moral, social, corporate.
- The negative attitude of the Orthodox religious community to the foundations of public law life, the culture of law as such.
- A significant role of the state in the regulation of legal relations and legal culture.
The peculiarities of the Russian legal system should also include originality and originality. As well as the lack of similarity with other legal models.
Historical aspects and features of the Russian legal system
if we talk about the history of law in Russia, it should be noted that on this subject there are several points of view that to some extent differ from each other. There is no unequivocal opinion on the origin of the Russian legal system. Some historians believe that the domestic legal system is inherently “unique”, not belonging to any of the existing or existing families of law.
Another category of researchers believes that the law features of the modern Russian legal system has many similarities with such classical systems of legal relations as the Anglo-Saxon and German-Romanesque models.
Most jurists are firmly convinced that the Russian system of legal relations is integral and separate, although it never combined the various components and subsystems of law.
Historical findings on the origin of law
The most common opinion regarding the historical origin of the code of legal norms in Russia is that the domestic legal system is a synthesis of many global legal models, combining the legal foundations that existed throughout the whole human experience in legal relations.
The characteristic features and characteristics of the Russian legal system are that it is considered to be the most influential and large socialist legal system, which at the moment is open to new achievements, plans and implementation of ideas.
Structure in the Russian Federation
Features and structure of the Russian legal system has the outlines of a pyramid consisting of three levels. The first level is federal law. This is the pinnacle of the legal pyramid. At this level are international agreements and treaties, the Constitution as the primary source of law, Presidential decrees and decrees, federal constitutional laws, Government legal regulations.
These laws regulate the foundations of social and economic life, as well as such branches of law as labor, family, criminal, civil, administrative, financial, and environmental.
International law consists of International Public, National, as well as International Private.
At the second level are the laws of state entities. For this type of regulatory documentation, its origin is from local legislative bodies, and the scope is a certain territory.
At the third level are local numeric regulatory legal acts. This level is conditionally divided into four more components.
Classification of legal acts
The first component is orders, decrees, instructions, orders of departmental, ministerial, departmental level federal orders, the effect of which applies to the whole country.
The second component is orders, decrees, instructions, orders of departmental, ministerial, departmental levels, federal orders operating within a specific territory.
The third component is the legislative activity of local self-government bodies, which, within the framework of their competence, issue laws that operate on the territory of municipalities.
The fourth component is the sum of orders and instructions of the governing structures of enterprises and organizations that operate within the framework of the activities of these enterprises and organizations.
Any legal requirements consist of legal norms. These are the most important and numerous legal sources. The rule of law is an elementary part of the legal system, consisting of three parts - hypotheses (“If ...”), dispositions (“That ...”), sanctions (“Otherwise ...”).
Industries
Legal industries are divided into private and public. Public law regulates relations between certain subjects of legal relations, one of which is the state. This type of legal activity regulates criminal cases, administrative, constitutional, financial, environmental law.
Private law specializes in the settlement of personal or property relations of a public nature, between participants in legal relations, which are individual individuals or legal entities.
Codes
The predominant number of branches and sub-branches of law have a special coding, which helps subjects to better navigate law-making activities. It is called the all-Russian classifier of legal norms. Any code has a strong legal force, along with federal laws.
Internal functions
The functions and features of the Russian legal system that it directly performs are described below. Among the internal functions of the legal system are the following:
- spatial function - identification of the limits of the legal field and scope;
- subject function - involving information on the composition, legal status, competence and other features of entities that operate within the legal framework;
- modeling function - determining the behavior models of subjects, their legal status, their rights and obligations;
- value-orientation function - providing a hierarchy, consolidation, protection, legal values, providing information about them, as well as the formation of a system of legal values that characterize the law itself;
- communicative function - building relationships, ties and communication of a legal nature, the elimination of communication barriers.
External functions
Among the external functions of the system of legal relations, it is worth highlighting the following:
- social integrity function;
- legal policy function;
- the function of saving national sovereignty and collegiality;
- the function of spiritual identification, which ensures proper conformity between accepted norms and rules and what is actually present in society.
A few words in conclusion
Today, almost any developed state in the world seeks to create on its basis an ideal legal state. In this case, issues that relate to the formation and consolidation in society of completely new models of thinking, professionalism, culture, a sense of legality, security and universal justice come to the fore. Some experts are inclined to the view that the Russian legal system is one of the most powerful and influential systems of the socialist type.
Based on the foregoing, we can conclude that the role of law-making activity and laws is very important in building a civil society, maintaining moral values. The main feature of the legal system of the Russian Federation is that it is socially oriented, poorly secluded, pushing into the background the personal claims of individual individuals, but taking into account the general well-being and well-being of citizens. Laws are the main starting point of any activity in the field of economics, politics, paperwork, public activities.