Each sphere of public legal relations has its own legal framework. Not a single act committed today by a person, society or state is complete without legal regulation. What are the legal foundations of activity? How is the basic legal system built in the Russian Federation? Answers to these questions will be presented in our article.
Role of law
Legally recognized rules of conduct are called law. There is a right in any state of the world. In this case, the state is called a special political institution, the purpose of which is controlling, organizing and directing activities in relation to society.
State-legal foundations play an important role in society. Specialists in the field of law distinguish the following areas of activity:
- regulation of the economy;
- prevention and elimination of dangerous social conflicts;
- protection of the current state system;
- maintaining order and stability in society;
- state defense;
- protection of the interests of the country in the interstate field, etc.
Legal frameworks are legally enforced rules of conduct. They are expressed in the form of laws and regulations. The role of laws will be discussed below.
Rule of law
A legal norm is formed, established and protected by the state. It provides participants of legal relations with regulatory obligations and subjective powers. From this we can conclude that the rule of law is a universally binding rule of conduct.
All legal norms are built on the basis of morality. They are specific in nature. The totality of norms on a particular issue is presented in regulatory legal acts.
The question of what exactly can be called a normative act depends on the type of legal system operating in a given state. For example, in the Roman-Germanic system, legal sources are divided into public and private. Public laws include laws, regulations, doctrines, and sometimes customs. Russian law operates according to the Roman version. There is also an Anglo-Saxon system where judicial precedent plays a special role. Some scholars also single out the third legal branch - the Muslim one. Here the legal basis is the Quran.
Legal basis of the Russian Federation
The Russian Federation is a legal state. What does it mean? What signs are characteristic for our country? In the main state law, the Constitution, the following is enshrined:
- universal equality of people before the court and the law;
- ensuring freedoms and human and civil rights;
- implementation of the principle of separation of powers;
- conflict resolution through an independent and fair court.
In a state of law, power limits itself. A similar effect is achieved by implementing the principle of separation of powers. In Russia, according to the law, a civil society is developed. It is it that monitors the quality of powers exercised by the state. In the economic sphere, Russia recognizes the freedom of market relations.
Thus, most of the principles established in the Russian Constitution point to our country as a rule of law state. Each of the principles presented will be discussed in more detail below.
Constitution
First you need to understand what constitutes the main state law - the Constitution. This is the legal basis of the state, which contains many different norms and principles.
The Constitution is studied by a separate legal discipline - constitutional law. This scientific branch studies the organization of state power, the basic forms of its existence, the relationship between society and man.
The constitution has the highest legal force in the country. No adopted normative act may contradict its provisions. The basic law of the country spells out the rights, freedoms and duties of man and society.
Man, Person, Citizen
Regulatory frameworks govern people's lives. Every person is a member of society, but not every person in society can be a citizen. What is the difference between a person and a citizen, and a citizen - from a person? How do these three categories relate in law? It should be a little more detailed study of the subjects of law.
Man is not a legal concept, but rather a biological one. Every person from birth has personal rights: to life, health, freedom, development, etc. If a person has the citizenship of any country, then he becomes a citizen. However, he has such a status only in his homeland. Here, one important principle should be singled out: not every person is a citizen, but every citizen is a person.
The concept of personality is not often used in law, since it refers more to sociology. However, the basics of legal regulation affect individuals. This is largely due to the concepts of legal capacity and legal capacity. The more rights a person has, the higher his chances of becoming a full-fledged personality.
Authorities
The principle of separation of powers is the legal basis of the Russian state. In Russia, power is divided into three branches: legislative, executive and judicial. Each branch has a significant proportion of dependence on each other. Legislative bodies adopt regulations, the executive branch monitors their implementation, and the courts punish non-compliance with laws. This is a holistic and harmonious system testifying to the legal orientation of the state.
What place does the head of state occupy in the system of government bodies? The president is above all bodies. He supervises their activities, and also empowers certain officials.
Local government
An important place in the structure of the legal framework is occupied by the system of local self-government (MC). This is an organization of independent activity of citizens, providing an independent decision by the population of local issues. Local self-government monitors municipal property, protects the rights and freedoms of residents of a particular territory, and also maintains a dialogue with state authorities.
The main legal source of the local government system is the Federal Law "On General Principles of MS in Russia". On the basis of this law, acts of local significance are lined up in certain territories.
Branches of Law
The system of Russian law consists of norms, institutions and industries. As we have already found out, a rule of law refers to a rule of conduct. Each norm is combined into an institution - an integral element of the legal industry. The industry itself regulates relations in a particular social field.
The main legal sectors in the Russian Federation are:
- constitutional;
- civilian;
- criminal;
- labor;
- administrative
- family;
- civil and criminal procedural;
- tax, etc.
Each sphere is characterized by certain rights and obligations. They are implemented at the expense of the concepts of legal capacity and legal capacity. The ability to exercise their rights is common to all citizens. However, there is a group of rights, the realization of which is possible only upon coming of age. This is a category of legal capacity. Finally, there is tort - the ability to bear responsibility for one’s actions.
Law affects a person through legal facts. The facts themselves are divided into events - independent of the will of the person, and actions - the facts dependent on the person.