long history of law has developed a variety of forms of expression of the legislative will of the state.And each of them has chosen for its management the most appropriate sources of law.In Russia, for them to understand a set of regulations.
General and specific sources
Russian legislation is multifaceted and has a special structure.Such a provision in the legal field because the sources of law in Russia are ambiguous territorial effect.So experts are divided regulatory all sources into two parts: general and special.
general part of paramount importance for the life of Russia.And because traditionally this circle decided to rank the following acts:
- The Constitution - the basic document, which in theory should draw all the other laws.Logically, it follows that the extension of the Constitution is carried out on the territory of Russia.
- Federal laws - among them also includes constitutional laws (a special type designed to amend the current text of the Constitution).Also operate on the whole territory, but are subordinate to the act of the previous position.
- Acts of the President - are guiding the character with respect to internal and external development of the state.Also they have a common territorial significance.
- Acts of the Government and its structural elements - usually the sources of law in Russia is not so much limited by the territorial characteristic of many spheres of life.So it has meaning only in the area for which they were taken.
The group of jurists specific sources include the following:
- intergovernmental treaty, obliged to perform in the territory of Russia;
- acts of subjects of the federation, they're local - are designed to function only in a well-defined entity and accepted by the competent authorities in the field.
last sources of law in the Russian Federation handed down in a separate group because of their fundamental differences from the above-mentioned basic forms of expression rights.Thus, the text of international treaties only partially compiled Russia, and local acts are strictly limited effect on a relatively small area of the country.
use together in a particular industry
Such a wide range of acts as a source of law is not necessarily the full extent involved in the same industry.See this simply an example of civil and insurance law.
Thus, the sources of insurance law include three groups of regulations:
- federal laws, among which are the tax and the civil code, as well as a special law "On the organization of insurance business in the Russian Federation";
- local acts of the insurer;
- custom made in insurance activities.
Strictly speaking, the latter two types of sources can act as such only if they are not directly contradict the first.
But more complex structures are created in other sectors of legislation.Thus, the system and the sources of civil law are so closely intertwined that the structure of the industry is carried on a set of sources.Accordingly, a common attribute of the totality of the sources of law in Russia.To feature - "ancillary" forms, such as business practices, business habit and practice.
And, therefore, every branch of law is based only on those sources that best meet the effective regulation of this sphere of relations.