Law of Russia

Last updated

The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation. Statutes, like the Russian Civil Code and the Russian Criminal Code, are the predominant legal source of Russian laws.

Contents

Hierarchy

Constitutionism

Adopted by national referendum 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 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. [1]

Constitutional laws

Constitutional laws cannot become part of the constitution or amend parts of it absent a special legal act on constitutional amendment. 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 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 is the "constitution" of the market economy, 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 (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 signed the Criminal Correctional Code to regulate the conditions of the sentences. The new Criminal Code replaced 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 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. [2]

Judicial explanations of law

The Russian Supreme Court have 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 or in law reviews.[ according to whom? ] 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 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 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,[ when? ] and is purely transitional until the Russian parliament can add new laws. It cannot contradict legislative acts of RF.[ citation needed ]

Analogy

Judges often reason by analogy, using the general principles of the law the codes to interpret provisions broadly.[ clarification needed ][ citation needed ]

Judges don't rely on natural law, but rather legal positivism 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.[ citation needed ]

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.[ citation needed ]

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.[ citation needed ]

International law

All international law 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.[ citation needed ]

During the Soviet period, Russian law was considered to be socialist law. 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. However, there are problems with this new classification (similar to the ones that plagued Russia's classification as a socialist law country).[ further explanation needed ] [3] 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. [4]

Publications

The Constitution of Russia instructs the president either to reject the laws passed by parliament, or to sign and publish them. [5]

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. [6]

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. [7]

The official publication of the law in Russia is the first publication of the full text:

Legal education has traditionally begun with the specialist degree in law (специалист по правоведению). [8]

See also

Related Research Articles

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.

<span class="mw-page-title-main">Law of Canada</span>

The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.

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. It has the force of law. The particular term used for this concept may vary from country to country. The executive orders made by the President of the United States, for example, are decrees.

<span class="mw-page-title-main">Constitution of Russia</span> Principles, institutions and law of political governance in 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 government. The current Constitution is the second most long-lived in the history of Russia, behind the Constitution of 1936.

<span class="mw-page-title-main">Constitutional Council (France)</span> National constitutional ruling body of the French Republic

The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal in Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic, or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament.

<span class="mw-page-title-main">Law of Singapore</span> National law of the city-state

The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law, company law and family law, are almost completely statutory in nature.

<span class="mw-page-title-main">Judiciary of Russia</span> Statutory body with hierarchical structure

The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Judicial Qualification Collegia, and the Ministry of Justice, and the various courts' chairpersons. And although there are many officers of the court, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system.

<span class="mw-page-title-main">Law of France</span>

French law has a dual jurisdictional system comprising private law, also known as judicial law, and public law.

<span class="mw-page-title-main">Law of Brazil</span> Law system of Brazil

The law of Brazil is based on statutes and, partly and more recently, a mechanism called súmulas vinculantes. It derives mainly from the European civil law systems, particularly the Portuguese, the Napoleonic French and the German.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

<span class="mw-page-title-main">Criminal Code of Russia</span> Prime source of criminal law in 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 Soviet analogue of 1960. The main changes deal with economic crimes and property crimes. These were the main pitfalls of the Soviet Criminal Code, as most of the other chapters were already amended to correspond to new Russian realities.

<span class="mw-page-title-main">Constitutional Court of Russia</span>

The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia which is empowered to rule on whether certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect the Constitution and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest court of appeal is the Supreme Court of the Russian Federation.

The legal system of Azerbaijan is based on civil law. As the country was a republic of the Soviet Union until 1991, its legal history has also been influenced heavily by socialist law. However, after the collapse of the Soviet Union, Azerbaijan became independent by enactment of the constitutional act of national independence on 18 October 1991. Azerbaijan adopted a Constitution in 1995 which is the foundation of the legislative system of the modern country.

<span class="mw-page-title-main">Legislative Duma of Tomsk Oblast</span> Regional parliament of Tomsk Oblast, Russia

The Legislative Duma of Tomsk Oblast is the standing regional legislative parliament of the government of Tomsk Oblast, a single-chamber body of 42 deputies.

The law of Finland is based on the civil law tradition, consisting mostly of statutory law promulgated by the Parliament of Finland. The constitution of Finland, originally approved in 1919 and rewritten in 2000, has supreme authority and sets the most important procedures for enacting and applying legislation. As in civil law systems in general, judicial decisions are not generally authoritative and there is little judge-made law. Supreme Court decisions can be cited, but they are not actually binding.

<span class="mw-page-title-main">Judicial review</span> Ability of courts to review actions by executive and legislatures

Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.

<span class="mw-page-title-main">Law of the United States</span> Overview of the law of United States of America

The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.

<span class="mw-page-title-main">Ministry of Justice (Russia)</span> Russian government ministry

The Ministry of Justice of the Russian Federation is a ministry of the Government of Russia responsible for the legal system and penal system.

The law of Mexico is based upon the Constitution of Mexico and follows the civil law tradition.

<span class="mw-page-title-main">Federal Bailiffs Service (Russia)</span>

The Federal Bailiffs Service or Federal Service of Court Bailiffs is a federal law enforcement agency of the Ministry of Justice of Russia.

References

  1. ↑ Yılmaz, Müleyke Nurefşan İkbal (August 31, 2020). "With its Light and Dark Sides; The Unique Semi-Presidential System of the Russian Federation". Küresel Siyaset Merkezi (in Turkish). Retrieved December 23, 2020.
  2. ↑ Sources of Russian law.
  3. ↑ William Partlett, Reclassifying Russian Law: Mechanisms, Outcomes, and Solutions for an Overly Politicized Field, Columbia Journal of East European Law, Vol. 2, p. 1 (2008). Available at: https://ssrn.com/abstract=1197762.
  4. ↑ Maleshin, Dmitry (January 29, 2007). "Russian Style of Civil Procedure".
  5. ↑ "Конституция России. — Статья 107". Archived from the original on June 28, 2017. Retrieved July 5, 2017.
  6. ↑ "ФЗ «Об опубликовании законов» (1994). — Статья 1". Archived from the original on June 23, 2017. Retrieved July 5, 2017.
  7. ↑ "ФЗ «Об опубликовании законов» (1994). — Статья 6". Archived from the original on July 3, 2017. Retrieved July 5, 2017.
  8. ↑ Harvard 2011, p. 3.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.