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The primary and fundamental statement of laws in the
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
n Federation is the
Constitution of the Russian Federation The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections ...
. Statutes, like the Russian Civil Code and the
Russian Criminal Code The Russian Criminal Code () is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Criminal Code of the Russian Federation (UGKRF) came into force on 1 January 1997. The new Criminal Code replaced the So ...
, are the predominant legal source of Russian laws.


Hierarchy


Constitutionism

Adopted by national
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
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 A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
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.


Constitutional laws

Constitutional laws cannot become part of the constitution or amend parts of it absent a special legal act on
constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
. 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

Statutes A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
are the predominant legal source of Russian law, and may only be enacted through the legislative process. Codes are the basis for law on a matter, and they are usually supplemented with legislation to develop certain provisions. There are gaps in some of the codes, but even so the judges will find a basis for deciding the case in a given code. Codes are interpreted flexibly, and interpretation may be based on enumeration of "general principles" of the codes. General principles are usually articulated at the beginning of the codes in the first chapter to outline the reason for the legislation. Reasoning by analogy is also allowed. The
Civil Code of Russia Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...
is the "constitution" of the
market economy A market economy is an economic system in which the decisions regarding investment, production, and distribution to the consumers are guided by the price signals created by the forces of supply and demand. The major characteristic of a mark ...
, 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
Criminal Code of Russia The Russian Criminal Code () is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Criminal Code of the Russian Federation (UGKRF) came into force on 1 January 1997. The new Criminal Code replaced the So ...
(UGKRF, 63-ФЗ) is the penal statute. It lays out conduct impermissible in Russia. The first and most recent UGKRF came into force on 1 January 1997. On 8 January 1997,
President Yeltsin Boris Nikolayevich Yeltsin (1 February 1931 – 23 April 2007) was a Soviet and Russian politician and statesman who served as President of Russia from 1991 to 1999. He was a member of the Communist Party of the Soviet Union (CPSU) from 1961 to ...
signed the Criminal Correctional Code to regulate the conditions of the sentences. The new Criminal Code replaced the
Soviet The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
analogue of 1960. The main changes deal with economic crimes and property crimes.


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 A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ...
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.


Judicial explanations of law

The Russian Supreme Court has no authority to issue general "explanations" of the substantive law and procedural issues, absent a relevant "case or controversy" in front of them. Legal scholars also take part in these discussions, and the opinions of the judges and commentators are published and used as persuasive authority. This process is somewhat analogous to the discussion that scholars take in ''
American Law Reports In American law, the ''American Law Reports'' are a resource used by American lawyers to find a variety of sources relating to specific legal rules, doctrines, or principles. It has been published since 1919, originally by Lawyers Cooperative Pub ...
'' or in
law reviews A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide ...
. The judges and scholars may codify what is practice, or more importantly address new issues of law to the lower courts and instruct them how to interpret these issues. The texts of the explanations of the law are published, and cited by many courts. In contrast, only selected judicial opinions are published. It is not clear which explanations are binding to lower courts, as there is a tension between the Constitution and federal law versus guiding explanatory principles. Still, lower courts that ignore relevant explanations will probably get reversed.


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
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
may decline to apply (1) any law that violates the Constitution and (2) any normative regulations, in particular subordinate regulations that contravene statutes. The
Supreme Court of the Russian Federation The Supreme Court of the Russian Federation () is a court within the judiciary of Russia and the court of last resort in Russian administrative law, civil law, criminal law and commercial law cases. It also supervises the work of lower court ...
has jurisdiction to determine the constitutionality of regulations issued by government agencies. The Supreme Court has held that lower courts must evaluate the contents of applicable laws or other normative acts for their conformity to the constitution, and to apply the constitution where they conflict.


Other sources


USSR legislation

USSR legislation fills gaps as the new system is being put in place, and is purely transitional until the Russian parliament can add new laws. It cannot contradict legislative acts of RF.


Analogy

Judges often reason by
analogy Analogy is a comparison or correspondence between two things (or two groups of things) because of a third element that they are considered to share. In logic, it is an inference or an argument from one particular to another particular, as oppose ...
, using the general principles of the law the codes to interpret provisions broadly.


Legal consciousness, natural law, good faith and general principles

Judges don't rely on
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
, but rather
legal positivism In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This con ...
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.


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.


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.


International law

All
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
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.


Type of legal system

During the Soviet period, Russian law was considered to be
socialist law Socialist law or Soviet law are terms used in comparative legal studies for the general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with majo ...
. 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 Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rel ...
. However, there are problems with this new classification (similar to the ones that plagued Russia's classification as a socialist law country). 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.


Publications

The Constitution of Russia instructs the president either to reject the laws passed by parliament, or to sign and publish them. 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. 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. The official publication of the law in Russia is the first publication of the full text: * in the "Parliamentary Newspaper" () — the official printing body of the Federal Assembly; * in
Rossiyskaya Gazeta ' () is a Russian newspaper published by the Government of Russia. History ''Rossiyskaya Gazeta'' was founded in 1990 by the Supreme Soviet of the RSFSR, Supreme Soviet of the Russian SFSR during the ''glasnost'' reforms in Soviet Union, shortl ...
() — the official publication of the government; * in the "Collection of Legislation of the Russian Federation" (); * on the Official Internet portal of legal information (www.pravo.gov.ru) () (since 2011).


Legal education

Legal education has traditionally begun with the
specialist degree The specialist degree is an academic degree conferred by a college or university. The degree is formatted differently worldwide and may be either a five-year program or a doctoral level graduate program that occurs after a master's degree but befo ...
in law ().


See also

*
Institute of State and Law The Institute of State and Law (ISL) of the Russian Academy of Sciences (RAS) (''Russian'': Институт государства и права Российской академии наук (ИГП РАН)) is the largest scientific legal c ...
* Russian legal history * Old Russian Law *
List of Russian legal historians Russian legal historians, scholars who study Russian law in historical perspective, include: * Harold J. Berman (1918–2007), Harvard law professor and expert on Russian law * William E. Butler (1939–), distinguished professor of law at Dicki ...
*
Constitution of Russia The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993. The latest significant reform occurred in 2020, marked by extensive amendments that altered various sections ...
*
Civil Code of Russia Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...
* Copyright in Russia *
Criminal Code of Russia The Russian Criminal Code () is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Criminal Code of the Russian Federation (UGKRF) came into force on 1 January 1997. The new Criminal Code replaced the So ...
*
Law of the Soviet Union The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Modified versions of the Soviet legal system operated in many Communist states following the Second World War—including ...
* Judicial system of the Russian Empire *
Sudebnik The Sudebnik of 1497 (), also known as the Sudebnik of Ivan III (), was a collection of laws introduced by Ivan III in 1497. It played a big part in the centralisation of the Russian state, the creation of all-Russian legislation, and the elimin ...
* Garant database of Russian legislation * Consultant Plus database of Russian legislation * Scholars in Russian law


References

* *


External links

* — Documents of the President of Russia * — Documents of the Government of Russia * — Normative legal acts of the Russian Federation from the Ministry of Justice of the Russian Federation * — Official Russian internet portal for legal information
Russian Private Law
— A blog in English on Russian private law problems

from the
Library of Congress The Library of Congress (LOC) is a research library in Washington, D.C., serving as the library and research service for the United States Congress and the ''de facto'' national library of the United States. It also administers Copyright law o ...
*With its Light and Dark Sides; The Unique Semi-Presidential System of the Russian Federation
KÜRESEL SİYASET MERKEZİ
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