LawState and Law

Types of sources of law

Sources of law are the forms by which the will of the state is elevated to the status of universally binding norms in the jurisdiction. The implementation of such citizens is ensured by the state at the legislative level. Currently, the most known are the types of sources of law, such as:

- legal custom ;

- judicial legal precedent;

- legal act;

- normative contract;

- Doctrines and ideas of legal science.

First of all, it is worth noting that legislation in the Russian Federation - this is the form of expression of law (or its source), and it plays an important role in public life. Legislation includes the various types of sources of law presented above. All these or other forms of expression of legal bases originate in the basic law of the state. According to it, all other norms of law are formed. The Constitution has the highest legal power in comparison with other acts.

Further we will consider in detail all types of sources of law:

The legal custom is the oldest, the first established form of law. It is an unwritten rule of conduct that has evolved over time as a result of their repeated use. State legal practice is recognized as a generally binding rule. Any custom is formed and is gaining strength gradually, but as society is considered a dynamically developing system, new, more adapted to the present, come to replace the obsolete.

A normative legal act, like, however, other different types of sources of law (other than custom) has a written form and is consistent with the Constitution. Any act can influence public relations, operates throughout the country, has legal force, is part of the legal system.

Judicial legal precedent. The essence of it is that the decision of the judiciary in any case becomes a standard (a model) for the resolution of similar cases. Just like custom, it is considered the oldest source of law. For the precedent is characterized by multiplicity, casuistry, flexibility, inconsistency. There are several conditions under which the precedent functions as a source of law to the full: recognition by the state apparatus, the functioning hierarchy of the judiciary, normativity, etc.

A contract with normative content is another source of law. The difference in it from other similar documents is that it contains rules of a general nature, which are binding for a number of persons. To implement the treaty, factors such as the agreement of all parties are necessary; Knowledge of the will of the parties; The possibility of its content by these parties. Classification of legal contracts in Russia: administrative, constitutional, labor.

Types of sources of civil law

These include all forms expressing civil law standards. Their types: the Constitution, as well as civil legislation and other adopted by the Federal Law; Various normative acts, which deal with the norms of civil legal relations; Departmental acts; Customs of business turnover; International treaties, etc.

Types of sources of administrative law

External forms that express administrative rules and rules that have legal force. These include the Constitution of the Russian Federation; Principles of international law; Laws regulating issues of public administration, executive power, etc .; Legal acts of the administrations of the Federation; Acts of regional government bodies; Public contracts, etc.

It is worth noting that the Constitution is the source of all branches of law without exception. Other types of sources have influence only in certain legal branches.

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