Ukase

Last updated
Example of a Soviet-era ukaz: the appointment of the Presidium of the Council of Ministers of the USSR, 1964. Decree of Presidium of the Supreme Soviet of the Soviet Union, 15.10.1964 - Alexey Kosygin.jpggarf.jpg
Example of a Soviet-era ukaz: the appointment of the Presidium of the Council of Ministers of the USSR, 1964.

In Imperial Russia, ukaz ( /jˈks/ ; [1] Russian : указ [ʊˈkas] ) was a proclamation of the tsar, government, [2] or a religious leader (patriarch) that had the force of law. "Edict" and "decree" are adequate translations using the terminology and concepts of Roman law.

Contents

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". [1]

History

Prior to the 1917 October Revolution, 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. [3]

After the Revolution, a government proclamation of wide meaning was called a "decree" (Russian: декрет, dekret); more specific proclamations were called ukaz. Both terms are usually translated as "decree".[ citation needed ]

Executive Order of the President of Russia

Example of a modern ukaz: the ambassadorial appointment of Sergey Kislyak to the United States in 2008. UKAZ Prezidenta RF ot 26.07.2008 N 1122.png
Example of a modern ukaz: the ambassadorial appointment of Sergey Kislyak to the United States in 2008.

According to the Russian Federation's 1993 constitution, an ukaz is a presidential decree. The US term "executive order" is also used by the official website as an equivalent of the Russian ukaz. [4]

As normative legal acts, such ukazes have a status of by-law in the hierarchy of legal acts (along with a Decree of the Government of the Russian Federation, 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the Constitution of Russia, Federal Constitutional Laws, Federal Laws and laws of Russian regions – and may be superseded by any of these laws.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, as an international document, has higher status than any Russian law or presidential executive order. [5]

See also

Notes

  1. 1 2 OED staff 1989.
  2. Chisholm 1911.
  3. Wikisource-logo.svg One or more of the preceding sentences incorporates text from a publication now in the public domain : Chisholm, Hugh, ed. (1911). "Ukaz". Encyclopædia Britannica . Vol. 27 (11th ed.). Cambridge University Press. p. 564.
  4. See in Russian, in English
  5. "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."

Related Research Articles

<span class="mw-page-title-main">Roman law</span> Legal system of Ancient Rome (c. 449 BC – AD 529)

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.

The politics of Ukraine take place in a framework of a semi-presidential representative democratic republic and of a multi-party system. A Cabinet of Ministers exercises executive power. Legislative power is vested in Ukraine's parliament, the Verkhovna Rada.

Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect.

<span class="mw-page-title-main">President of Russia</span> Since 1991, head of state of the RSFSR and Russia

The president of the Russian Federation is the supreme head of state of the Russian Federation, as well as the commander-in-chief of the Russian Armed Forces. It is the highest office in Russia.

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".

A decree is a legal proclamation, usually issued by a head of state, 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.

Law of Russia Overview of the law of Russia

The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation.

<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.

Proclamation Official declaration

A proclamation is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state. A proclamation is (usually) a non-binding notice.

<span class="mw-page-title-main">Beneš decrees</span>

The Beneš decrees were a series of laws drafted by the Czechoslovak government-in-exile in the absence of the Czechoslovak parliament during the German occupation of Czechoslovakia in World War II. They were issued by President Edvard Beneš from 21 July 1940 to 27 October 1945 and retroactively ratified by the Interim National Assembly of Czechoslovakia on 6 March 1946.

<i>Dziennik Ustaw</i> Government gazette of Poland

Dziennik Ustaw or Dziennik Ustaw Rzeczypospolitej Polskiej is the most important Polish publication of legal acts. It is the only official source of law for promulgation of Polish laws. The publication of this journal is solely the responsibility of the Prime Minister of the Republic of Poland. 'Dziennik Ustaw' traces its history to the 1918 'Dziennik Praw Królestwa Polskiego' and has changed its name several times during its existence.

Constitutional Court of Russia

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.

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

Law of Indonesia is based on a civil law system, intermixed with local customary law and the Roman Dutch law. Before the Dutch presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat. Foreign influences from India, China and the Middle East have not only affected culture, but also the customary adat laws. The people of Aceh in Sumatra, for instance, observe their own sharia law, while ethnic groups like the Toraja in Sulawesi still follow their animistic customary law.

<span class="mw-page-title-main">Government of Russia</span> Federal administrative apparatus of the Eurasian country

The Government of Russia exercises executive power in the Russian Federation. The members of the government are the prime minister, the deputy prime ministers, and the federal ministers. It has its legal basis in the Constitution of the Russian Federation and the federal constitutional law "On the Government of the Russian Federation". The Apparatus of the Government of Russia is a governmental body which administrates the activities of the government.

The Ministry of Law and Justice in the Government of India is a cabinet ministry which deals with the management of the legal affairs, legislative activities and administration of justice in India through its three departments namely the Legislative Department and the Department of Legal Affairs and the Department of Justice respectively. The Department of Legal Affairs is concerned with advising the various Ministries of the Central Government while the Legislative Department is concerned with drafting of principal legislation for the Central Government. The ministry is headed by Cabinet Minister of Law and Justice Kiren Rijiju appointed by the President of India on the recommendation of the Prime Minister of India. The first Law and Justice minister of independent India was Dr. B. R. Ambedkar, who served in the Prime Minister Jawaharlal Nehru's cabinet during 1947–51.

Coup of June 1907

The Coup of June 1907, sometimes known as Stolypin's Coup, is the name commonly given to the dissolution of the Second State Duma of the Russian Empire, the arrest of some its members and a fundamental change in the Russian electoral law by Tsar Nicholas II on 16 June [O.S. 3 June] 1907. This act is considered by many historians to mark the end of the Russian Revolution of 1905, and was the subject of intense subsequent debate as to its legality. It also created a fundamental shift in the makeup of future Dumas in the Russian Empire: whereas previous laws had given peasants and other lower-class people a larger proportion of electors to the Duma, the new law transferred this to the propertied classes, in an effort to avoid election of the large number of liberal and revolutionary deputies who had dominated the First and Second Dumas. Although it largely succeeded in this objective, it ultimately failed to preserve the Imperial system, which ceased to exist during the Russian Revolution of 1917.

<span class="mw-page-title-main">Politics of France</span> Political system of France

The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of National Sovereignty as defined by the Declaration of 1789."

Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. Although statutory interpretation usually involves a personal predisposition to the text, the goal is generally to "concretise" it: to harmonise text and purpose. This is the final step in the interpretative process. Statutory interpretation is broadly teleological, comprising as it does first the evaluation and then the application of enacted law.

Decree of the President of Russia Russian legal act

A Decree of the President of the Russian Federation or Executive Order (Decree) of the President of Russia is a legal act (ukase) with the status of a by-law made by the President of Russia.

References

Wiktionary-logo-en-v2.svg The dictionary definition of ukase at Wiktionary