The law in jurisprudence - in the narrow sense of the normative legal act , which is adopted by the representative (legislative) body of state power in a special manner, regulates certain social relations and is provided with the possibility of applying state coercion measures. In addition, in a broad sense, the law refers to any normative legal act operating within the framework of a specific legal system [1] . Historically, law has replaced legal custom . [2]
Law is the main source of law in the countries of the continental legal family .
The order of adoption of laws in the vast majority of countries is as follows: legislative initiative - discussion of the bill - adoption of the law - its publication. [2]
The significance and nature of the legal norms contained in the laws distinguish between organic (constitutional) and ordinary laws. Constitutional laws predetermine the content of current legislation, consolidate the basic principles and principles of the social and state system , the procedure for education and activities, as well as the competence of state bodies, establish the electoral system , fundamental rights and duties of citizens. [2]
Content
- 1 History
- 2 Laws of Russia
- 3 See also
- 4 notes
- 5 Literature
History
Isidore of Seville believed that the law ( lex ) is a “written establishment” ( constitutio scripta ) in which the law ( ius ) is expressed.
Laws of Russia
None of the laws should contradict the Constitution of the Russian Federation, as well as the general principles of international law and international treaties signed on behalf of the Russian Federation. By their legal nature, international treaties of the Russian Federation, strictly speaking, are not its internal law, but are applied on its territory, taking advantage of the primacy over domestic law. The Constitution of the Russian Federation, due to the special procedure for its adoption and operation, is also a separate legal act of a non-legislative nature. The issue of the place of the constitution and international agreements is controversial and debatable in legal science, rather they should be considered as separate types of sources of law . In Russia , the following classification of laws by legal force has been adopted:
- Laws of the Russian Federation on amendments to the Constitution of the Russian Federation .
In accordance with Part 1 of Art. 2 of Federal Law of March 4, 1998 No. 33-ФЗ “On the Procedure for the Adoption and Entry into Force of Amendments to the Constitution of the Russian Federation,” amendments to Chapters 3–8 of the Constitution of the Russian Federation are adopted in the form of a special law of the Russian Federation on amendments to the Constitution of the Russian Federation.
- Federal constitutional laws .
Accepted only on issues specifically specified in the Constitution of the Russian Federation (Article 108; Part 1 of the Constitution of the Russian Federation)
- Federal laws (until 1991 - the laws of the RSFSR , from 1991 to 1993 - the laws of the Russian Federation ).
Accepted on all other issues.
In addition to federal legislation, legislation of the constituent entities of the Russian Federation is highlighted, which is built on the same principle as the federal one, and is adopted on issues referred by the Constitution to the joint jurisdiction of the Russian Federation and its constituent entities, as well as to the subjects of exclusive jurisdiction of the constituent entities of the Russian Federation .
The legislation of the constituent entities of the Russian Federation includes:
- basic laws (constitutions or charters) of constituent entities of the Russian Federation
- laws of the constituent entities of the Russian Federation
Ensuring the operation of laws, that is, protecting the rights, freedoms and property of a citizen and a person, is the main task of the state and government. [3] Draft laws may undergo independent anti-corruption expertise to prevent corruption in the law [4]
See also
- De minimis non curat lex
- Presumption
- Constitution
- Codex
Notes
- ↑ Large legal dictionary . / Auto-comp. V.N. Dodonov , V.D. Ermakov, M.A. Krylova et al. Ed. A. Ya. Sukharev , V.E. Krutskikh , etc. - M .: INFRA-M, 2003. - ISBN 5-16-000169-7
- ↑ 1 2 3 Law // Kazakhstan. National Encyclopedia . - Almaty: Kazakh encyclopedias , 2005. - T. II. - ISBN 9965-9746-3-2 .
- ↑ Constitution of the Russian Federation, Art. 2, Art. eighteen
- ↑ The effectiveness of independent anti-corruption expertise as an institution of civil society // Civil Society In Russia And Abroad. - 2019 .-- Issue. 2 . - S. 31–34 . - ISSN 2221-3287 .
Literature
- Nechaev V.M. Law // Encyclopedic Dictionary of Brockhaus and Efron : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.