In any country has its own system of law, it is based on tradition, the level of justice, political stability, and many other aspects.However, an essential element of any system is the legal act of the institutions of power.
Legal basis State
Russia - a country with a federal system.This means that a part of it, there are subjects that have a certain autonomy, including legal.This brings about changes in the legislative process.The main law of our Constitution is approved in 1993, which established the basic procedures and procedural laws in force in the territory of the Russian Federation.During this period in our country there is a special supervisory body - the Constitutional Court.It is intended to carry out an independent judiciary based on the norms of the Basic Law.The new Constitution of our country established principles of this body, and in the summer of 1994, the Federal Law "On the Constitutional Court of the Russian Federation", which determines the main points in the work of the legal unit.In particular, it established the procedure for the formation of the Constitutional Court, the quantitative and qualitative composition of the judges, and the procedure for appointing the Chairman of the Court.
Classification of Russian legislation
The law instituted to share all legal acts into two types: laws and regulations.The reason for this differentiation is explained simply: everything depends on the legal force of a normative act.And she, in turn, is determined by the body or official, or receive any legal document, or to be more precise, the position of the body or official in the hierarchy of the government.Therefore, there is a fairly simple principle: the higher the position of the office or institution of power, the stronger the legal validity of the act.In our country, power is divided into 3 groups: the judicial, executive and legislative, each within its sphere of competence can take various regulations.However, it is clear that the legislature enjoys supremacy, so its legal norms are the main acts against other branches and decorated in the form of laws, which can be divided into two types: a federal constitutional laws and federal laws.
nuances of lawmaking
So, we have identified a hierarchy of legislative system of Russia.The main body of this authority is the Federal Assembly, which in turn is divided into two chambers: the State Duma (lower house), which consists of 450 deputies elected on the basis of equal secret ballot, and the Council of the Federation.The latter consists of 170 senators elected from the representative and legislative body of the subject of the Russian Federation.The laws in our country are taken Duma, which, in turn, is the supreme lawmaking body of the state, so these documents have the greatest legal force and effect on the entire territory of our country.However, among them also have the legal differentiation.On top of the legal Olympus is Russian Constitution, no legal act can not contradict it, otherwise it will be canceled.One position below is a federal constitutional law.These laws govern the relationship, enshrined in the basic legislative act of the country, but they concretise them make a deep and well developed.Below that are the federal laws that govern all other types of legal cooperation.
Laws
FCL (federal constitutional laws) RF quantitatively occupy a smaller volume in the general legal framework of the state.However, our country is a federation in structure, so in the present statutes and regulations of the RF subjects.Therefore, on the territory of our country, the principle of doing things and their distinctions.What does this mean?Actually it's pretty simple.Firstly, there are only subjects of conducting the Russian Federation, for which federal constitutional laws, FL (federal law).None of regulation region of the country can not contradict him, but if it happened, it is subject to cancellation.Secondly, there are subjects of mutual conducting Federation and its subjects, which also take and federal constitutional law and federal law in all their diversity, as in the case of contradictions the same principle as in the first embodiment.Third, there are objects of reference only subject of the Russian Federation, and here, if there is a conflict, the force becomes n / act of the subject of the Russian Federation.But even in this case it can not contradict the Russian Constitution.
bylaws
Now let's deal with the normative acts issued by the executive branch.Here, the same principles apply void act, as in the case with its legal species.The main bearer of executive power in the Russian Federation is the President of the country, so his orders will have the greatest power.The position of the lower will be the order of the Government of our country, which, together with the President exercises executive power.Even lower - order federal departments and agencies.Similar regulations apply only to the regions of their territory and vzaimopodchineny under the same scheme.In the lowest position in the hierarchy of the documents will be in the form of local government decisions.All the legal acts adopted by subordinate bodies and officials may be reversed by higher courts, such an order determined by the federal constitutional law "On the legal basis of a federal state»
appearance of a regulatory act
In Russia, law-making takes five basic steps: legislative initiative, discussions (three readings), voting, promulgation and publication.At the same time, there are procedural differences.Federal Constitutional Law of the Russian Federation shall be adopted by a qualified majority, it requires the approval of two-thirds (2/3) of the votes in the State Duma, and three-quarters (3/4) Council of Federation.Its feature is the fact that the head of state can not reject it.In the case of the federal law the President can not agree with his acceptance, then he goes for a retrial both chambers.And if it is approved by a majority of the two chambers of parliament, in this case, to be signed by the head of the Russian Federation.Law and other legal documents shall take effect after the expiration of ten days from the date of its publication.This is the mechanism for the creation of laws and regulations in our country.
