Источники Рос права (Eng).pptx
- Количество слайдов: 30
Sources of Russian law
THE WORDS YOU MAY NEED: sources of law – источники права to replace – заменить alternative civilian service – альтернативная гражданская служба сonviction – взгляд, убеждение religious belief – религиозные убеждения contradict - противоречит
THE WORDS YOU MAY NEED: envisaged – предусмотренный significance – значение to approve – утвердить to prescribe – прописывать Code – Кодекс treaty - договор
THE WORDS YOU MAY NEED: to ratify – ратифицировать precedence – приоритет, первоочередность decree – указ directive – директива precedent – прецедент to admit – признать domestic legislation – внутреннее (национальное) законодательство
THE MAIN SOURCE OF LAW IN RUSSIA IS WRITTEN LAW
THE SYSTEM OF SOURCES OF RUSSIAN LAW The Constitution of the RF Federal constitutional laws Federal laws International treaties Executive regulations Court decisions
THE CONSTITUTION HAS a Supreme power on the whole territory of Russia
PARAGRAPH 3 OF THE ARTICLE 59 OF THE CONSTITUTION: «A citizen of the Russian Federation shall have the right to replace military service by alternative civilian service in case his convictions or religious belief contradict military service and also in other cases envisaged by the federal law» .
FEDERAL CONSTITUTIONAL LAWS legal acts, which determine the beginnings of the state and social status of the individuality and the organization, on which constructions the whole system of regulations is based on.
FEDERAL CONSTITUTIONAL LAW HAS THE FOLLOWING FEATURES: Develops and supplements the provisions of the Constitution; Is accepted only on those issues which are expressly provided by the Constitution; Has more legal force than the federal laws, the laws of the Russian Federation; Has a special procedure for the adoption, defined in Art. 108 of the Constitution (in particular, the President of the Russian Federation can not deny adoption of Federal Constitutional laws).
THE FEDERAL CONSTITUTIONAL LAW IS ADOPTED IF min 3/4 of the total number of the Federation Council min 2/3 of the total number of the State Duma
NATIONAL FLAG OF RUSSIA
FEDERAL LAWS legislative acts, adopted in accordance with Federal Constitutional laws and regulating certain limited areas of public life.
The date of adoption of the law shall be the date of its adoption by the State Duma of the Federal Assembly of the Russian Federation and the final version. Federal laws must be officially published within 7 days from the date of signing by the President of the Russian Federation and shall enter into force for the entire territory of the Russian Federation at the end of 10 days from the date of official publication, unless the law does not establish other order of its entry into force.
CODE is a complete collection of rules in one subject area
RUSSIAN CIVIL CODE
RUSSIAN CRIMINAL CODE
RUSSIAN TAX CODE
RUSSIAN FAMILY CODE
RUSSIAN LABOR CODE
EXECUTIVE REGULATIONS The decrees and orders of the President of the Government of the ministries of the state committees
THE DECREES AND ORDERS OF THE PRESIDENT They are taken on a normative character, should not contradict the Constitution, federal constitutional and federal laws. As a rule, Presidential Decree shall come into force at the same time throughout the country for 7 days after their official publication.
THE DECREES AND ORDERS OF THE GOVERNMENT Government of the Russian Federation shall issue its decisions and orders on the basis of federal laws, decrees of the President. These acts regulate the relations in the field of management. They shall enter into force on the date of their signature, if they themselves do not set a different implementation of the order.
THE ACTS OF THE FEDERAL AUTHORITIES are among the so-called departmental subordinate legislation. They are issued in the form of orders, regulations, instructions, etc.
COURT DECISIONS
On the issue of classification decisions of higher courts (especially decisions of the Constitutional Court of the Russian Federation) to the sources of Russian law there is no consensus in the legal literature. Some authors recognize them as sources of Russian law (Tumanov, Ebzeev, Kolesnikov), while others deny it (Bogdanov, Morschakova, Habrieva).
Supreme courts Lower courts
INTERNATIONAL LEGAL ACTS International legal acts play an important role as sources of Russian law. According to paragraph 4, Art. 15 of the Constitution, generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. The procedure for the implementation of these rules of international law is very diverse for different relationships. It covers not only the sphere of private law (civil, family, labor), but also the rights of the public, which applies primarily to law enforcement and the courts.
INTERNATIONAL TREATIES
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