Hierarchy of normative legal acts of the Russian Federation. The legal system of the Russian Federation

Throughout its history, humanity has tried many times to find the most effective regulator of social relations, which could be influenced by all strata of society and each citizen individually. During the search, various solutions appeared, but all of them did not bring the proper result. But already closer to our era was invented right. In fact, these were moral norms that were sanctioned by this or that state, principality or other territorial formation and used directly in the society.

Such a regulation became the prototype of the present law in the sense in which all people understand it. However, not only the structure of legal norms in a particular state is of great interest, but also the mechanism for their direct implementation. This process has always been carried out through official orders from the authorities. As a rule, such orders were made, or rather, registered in specific documents, which today bear the name "regulatory legal acts." It should be noted that in Russia, as in other states, official documents, in order to ensure the effectiveness of the implementation of their provisions, are included in a single hierarchical structure. It is thanks to the hierarchy of the NAP that the most precise regulation of relations in society can be achieved.

Thus, we will further consider the concept, types of regulatory acts, their hierarchy and much more.

The concept of NPA

The legal system of the Russian Federation is considered a structure, one of the elements of which are NPAs. However, before considering the features of the entire legal policy of the Russian Federation, it is necessary to familiarize yourself with the key provisions of the concept of NAP. According to the established tradition in the theory of state and law, normative acts are considered as official documents having a fixed form.

They are issued within the competence of a state body and contain a certain number of generally binding standards of conduct. The NRAs, as a rule, are designed for a large number of persons, and their application is made repeatedly. It should be noted that normative acts can also be published by referendum, taking into account all legislative procedures. Such a practice has been introduced in many countries of the world, since it most fully characterizes the regime of democracy.

Normative act as the source of law

In the countries of the Roman legal family, the hierarchy of normative legal acts plays a primary role in the process of regulating legal relations. Because NPA in such states is the main source of law. Such documents are issued only by authorized bodies within their competence. In addition, the established form indicates that the NRAs are compiled on all the existing parameters of legal equipment. As a rule, the hierarchy of normative legal acts exists only in the countries of the Romance family, because in the Anglo-Saxon states the key source is the judicial precedent. In this case, the hierarchy of the NRA structure is simply not needed.

Types of basic NRAs

If we take into account the peculiarities of the legal system of the Russian Federation, the normative acts, as the concept presented above, can be conditionally divided into two large groups, namely:

1. Laws , that is, NPAs, which are adopted not simply by the highest state authorities, but by legislative bodies. In addition, laws can be called all the acts issued in order of lawmaking.

2. By-laws are official documents issued by state bodies within their competence and, as a rule, on the basis of previously issued laws. Such documents include acts of the President of the Russian Federation, government, ministries, and other federal agencies.

It should be noted that at the head of the entire system is the Constitution of the Russian Federation, which is the main law of the state. All these types of basic legal acts of the Russian Federation characterize the established legal traditions of our state.

Legal hierarchy

The hierarchy of normative legal acts of the Russian Federation is conditioned by a certain set of factors through which the necessity of giving one acts (their types) to a higher legal power is theoretically justified than by the other. It is divided into two main types:

1. The vertical hierarchy of normative legal acts of the Russian Federation is the distribution of all official documents from the Constitution to individual departmental acts. In this case, there are two main types of vertical hierarchy, namely: federal (which is applied throughout the Russian Federation) and local (the level of subjects of the federation).

2. The horizontal hierarchy of normative acts of the Russian Federation shows the differentiation of all official documents on their sphere of application. An excellent example is the local acts of the subjects of the Russian Federation. They are equal in legal force, but they are regulated only within the territory of a certain subject.

In order to understand in more detail how the above types of basic normative legal acts organize the regulation of public relations in the Russian Federation, we need to consider their characteristics separately from each other. It should be noted that special tables are used in the process of training lawyers-practitioners. With their help novice jurists get acquainted with the peculiarities of the structured system of the NRA. Thus, it helps to understand what the hierarchy of normative legal acts of the Russian Federation is, the scheme. With her help, it is much easier to imagine an intricate system of ABA.

The Russian Constitution

The entire legal system of the Russian Federation is enshrined in a single basic state normative act - the Constitution. As in other countries, the main law of the Russian Federation contains the initial principles of ensuring the rights and freedoms of citizens, fixes the separation of all government bodies into legislative, executive and judicial bodies, as well as the mechanism of their interaction among themselves. Although the Constitution of the Russian Federation is called the Basic Law, its publication is made in a specific order. In the same way, changes are made to the basic law. In accordance with the provisions of the Constitution of the Russian Federation, it is amended by convening a Constitutional Assembly. But such an order is realized only if it is necessary to revise the entire law in its entirety. In other situations, changes to the Constitution are made through federal laws.

Principles enshrined in the Constitution

Hierarchy of normative legal acts of the Russian Federation Not only comes from the Constitution, but also is largely based on the principles enshrined in it. In addition, these principles characterize the framework of legal regulation in the state. The following basic provisions of the basic law can be singled out:

1. Democracy of the state and power.

2. Democracy.

3. The federal principle of territorial organization.

4. Russia is a legal and social state.

5. Humanism of all social relations.

6. The secular nature of power.

7. The form of government is republican.

Federal laws

The hierarchy of normative acts of Russia, If you do not take into account the Constitution, which is the basis of the legal system, head federal laws. It is federal legislation that directly affects public relations, which need to be regulated. At the same time, laws may touch upon almost any issues that are the subject of direct jurisdiction of the federation or its subjects. The norms of these NRAs are mandatory for execution at all levels of regulatory regulation. Published by-laws should not only comply with the norms of laws, but also not contradict them.

As a rule, federal laws are adopted on the following issues, for example:

- Amendments to the Constitution of the Russian Federation;

- on the federal structure of the Russian Federation;

- protection of human rights and freedoms, citizen;

- regulation of the three-level system of legislative, judicial and executive authorities;

- establishment of the federal budget;

- ensuring security, law and order;

- regulation of other issues of foreign and domestic policy;

Issues that are not affected by federal legislation are regulated by local acts of subjects. Nevertheless, the hierarchy of normative legal acts of the Russian Federation is actually headed by laws, which indicates their significant role. Therefore, the provisions of the Federal Law are always priority.

Types of FZ

Laws, like other NAPs, have their own classification. As a rule, all RF laws are divided into two key types:

1. Basic laws, that is, regulatory acts issued by lawmaking by the authorized government body for the regulation of certain legal relationships.

2. The laws on the introduction of changes are specific normative acts having an equal legal force with the Federal Law. In fact, they are laws, but their provisions are implemented only by changing the current legislation, and not by regulating any relations.

In addition, it should be noted that the hierarchy of normative legal acts in the Russian Federation contains so-called codes. These acts are codified collections of numerous legal norms united by a single subject of regulation.

Regulations

In addition to the Constitution and the Federal Law, the subordinate legislation also includes subordinate acts. They are published in the sphere of reference of certain bodies and departments for the prompt and "point" regulation of specific relations and the solution of certain tasks. The subordinate acts in their mass are divided into acts of the president of Russia and the government. As for the presidential acts, they usually regulate issues related to the appropriation of class ranks, honorary titles, appointment to posts in higher bodies of power, granting political asylum, as well as certain issues arising in the process of international cooperation. The subordinate acts of the government are the NAP of the supreme executive authorities, issued to ensure executive power in the state.

Conclusion

So, in this article we present the concept, types and hierarchy of normative legal acts in the Russian Federation. It should be noted that the submitted question still needs some legal improvements, so that the legal regulation by the state authorities is realized more effectively.