Decree of Presidium of the Supreme Soviet of the Soviet Union, 15

In Imperial Russia, a ukase () or ukaz (russian: указ ) was a proclamation of the

tsar Tsar ( or ), also spelled ''czar'', ''tzar'', or ''csar'', is a title used by East and South Slavic monarchs. The term is derived from the Latin word ''caesar'', which was intended to mean "emperor" in the European medieval sense of the ter ...

, government, or a religious leader (

patriarch The highest-ranking bishops in Eastern Orthodoxy, Oriental Orthodoxy, the Catholic Church (above major archbishop and primate), the Hussite Church, Church of the East, and some Independent Catholic Churches are termed patriarchs (and in certai ...

) that had the force of law. "

Edict An edict is a decree or announcement of a law, often associated with monarchism, but it can be under any official authority. Synonyms include "dictum" and "pronouncement". ''Edict'' derives from the Latin edictum. Notable edicts * Telepinu Pro ...

" and "

decree A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...

" are adequate translations using the terminology and concepts of

Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...

. From the Russian term, the word ''ukase'' has entered the English language with the meaning of "any proclamation or decree; an order or regulation of a final or arbitrary nature".

History

Prior to the 1917

October Revolution The October Revolution,. officially known as the Great October Socialist Revolution. in the Soviet Union, also known as the Bolshevik Revolution, was a revolution in Russia led by the Bolshevik Party of Vladimir Lenin that was a key mome ...

, the term applied in Russia to an edict or ordinance, legislative or administrative, having the force of law. A ukase proceeded either from the emperor or from the senate, which had the power of issuing such ordinances for the purpose of carrying out existing decrees. All such decrees were promulgated by the senate. A difference was drawn between the ukase signed by the emperor’s hand and his verbal ukase, or order, made upon a report submitted to him. After the Revolution, a government proclamation of wide meaning was called a "

" (Russian: декрет, dekret); more specific proclamations were called ''ukaz''. Both terms are usually translated as "decree".

Executive Order of the President of Russia

According to the Russian Federation's 1993 constitution, an ''ukaz'' is a

presidential decree A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...

. The US term "executive order" is also used by the official website as an equivalent of the Russian ''ukaz''. As

normative legal act Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legi ...

s, such have a status of

by-law A by-law (bye-law, by(e)law, by(e) law), or as it is most commonly known in the United States bylaws, is a set of rules or law established by an organization or community so as to regulate itself, as allowed or provided for by some higher authorit ...

in the hierarchy of legal acts (along with a

Decree of the Government of the Russian Federation Orders of the Government of Russia (russian: Постановления и Pаспоряжения) is secondary legislation, a normative administrative directive content published by the Government of the Russian Federation within the limits of i ...

, instructions and directions of other officials). Presidential decrees may not alter the regulations of existing legal sources – Russia's international agreements, the

Constitution of Russia The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of gov ...

, Federal Constitutional Laws,

Federal Law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...

s and

laws of Russian regions Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

– and may be superseded by any of these laws. For example, thanks to Article 15 of the Constitution of Russia, the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

, as an international document, has higher status than any Russian law or presidential executive order."Universally recognized principles and norms of international law as well as international agreements of the Russian Federation should be an integral part of its legal system. If an international agreement of the Russian Federation establishes rules, which differ from those stipulated by law, ''then the rules of the international agreement shall be applied''."
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History

Executive Order of the President of Russia

See also

Notes

References

External links