В любом государстве существует своя система rights, it is based on established traditions, level of sense of justice, political stability and many other aspects. However, an indispensable element of any such system is a legal act of power institutions.
Россия - страна с федеративным устройством.This means that in its composition there are subjects that have a certain independence, including legal ones. This is making its own adjustments to the process of lawmaking. The main law for us is the Constitution, approved in 1993, which established the basic procedural procedures and types of 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 called upon to carry out independent judiciary, based on the norms of the Basic Law. The new Constitution of our country established the principles of the activity of this body, and in the summer of 1994 a federal law "On the Constitutional Court of the Russian Federation" was adopted, which defines the main points in the work of this legal entity. In particular, the procedure for the formation of the Constitutional Court of the Russian Federation, the quantitative and qualitative composition of judges, as well as the procedure for appointing the Chairman of this court, are prescribed there.
In jurisprudence, it is common to divide all legal actsinto two types: laws and by-laws. The reason for this differentiation can be explained quite simply: everything depends on the legal force of the normative act. And it, in turn, is determined depending on the body or official who has accepted any legal document, and if to be more precise, the position of this body or official in the hierarchy of state power. Therefore, a fairly simple principle operates: the higher the position of the post or institution of power, the stronger the legal force of the act. In our country, the power is divided into 3 groups: judicial, executive and legislative, each of them within the scope of its competence can adopt various regulatory acts. However, it is clear that the legislature enjoys the primacy, therefore its legal norms are central to other acts of the branches of power and are framed in the form of laws that can be divided into two types: the federal constitutional law and the federal law.
So, we have defined the hierarchy of the legislativesystem of Russia. The main body of this power is the Federal Assembly, which in turn is divided into two chambers: the State Duma (the lower house), which consists of 450 deputies elected on the basis of an equal secret ballot, and the Federation Council of the Federal Assembly. The latter consists of 170 senators elected from the representative and legislative body of the subject of the Russian Federation. Laws in our country are adopted by the State Duma, which, in turn, is the highest legislative body of the state, therefore these documents have the largest legal force and operate throughout the country. However, among them, too, there is a legal differentiation. At the top of the legal Olympus is the Constitution of the Russian Federation, no legal act can contradict it, otherwise it is subject to cancellation. One position below is the federal constitutional law. Such laws regulate the legal relations fixed in the Basic Legislative Act of the country, but they specify them, make them deeper and more elaborate. Even lower are federal laws that regulate all other types of legal interaction.
FKZ (federal constitutional laws) of the Russian Federation inquantitatively they occupy less volume in the general regulatory base of the state. However, our country is by its constitution a federation, therefore in the system of legislative acts there are also legal norms of the subjects of the Russian Federation. Therefore, in the territory of our state, the principle of subjects of reference and their delimitation operates. What does this mean? In fact, everything is quite simple. First, there are subjects of reference exclusively to the Russian Federation, for which the federal constitutional law, federal law (federal law) is adopted. No normative act of the region of the country can contradict it, but if this happens, then it is subject to cancellation. Secondly, there are subjects of mutual jurisdiction of the Federation and its subject, for which the federal constitutional law and federal law are also adopted in all their diversity, and in the event of a contradiction, the same principle applies as in the first variant. Thirdly, there are subjects of reference exclusively of the subject of the Russian Federation, and here, if a contradiction arises, then the force of the subject of the Russian Federation acquires n / n. But even in this case, it can not contradict the Constitution of Russia.
Now we will deal with regulatory acts,published by the executive branch of power. Here, the same principles of the legal force of the act apply, as in the case of its legislative variety. The main carrier of executive power in the Russian Federation is the President of the country, therefore his orders will have the greatest power. The position below will be the orders of the Government of our country, which, together with the President, exercises executive power. Even lower - the orders of federal ministries and departments. Similar normative acts of the regions operate only on their territory, and are mutually subordinated according to the same scheme. At the lowest position in this hierarchy there will be documents of local self-government in the form of decisions. All legal acts adopted by subordinate bodies and officials may be abolished by higher instances, such procedure is determined by the Federal Constitutional Law "On the Legal Basis of a Federal State"
В России правотворчество проходит пять основных stages: legislative initiative, discussion (three readings), voting, promulgation and publication. In this case, there are procedural differences. The Federal Constitutional Law of the Russian Federation is adopted by a qualified majority, for this it is necessary to approve two-thirds (2/3) votes in the State Duma and three quarters (3/4) of the Federation Council. Also, its peculiarity is that the head of state can not reject him. In the case of the federal law, the president may disagree with his acceptance, then he goes to a second trial of both chambers. And if it is approved by the majority of two chambers of parliament, then in this case it is subject to signing by the head of the Russian Federation. The law and other legal document becomes effective after the expiry of ten days from the date of its promulgation. This is the mechanism for creating laws and by-laws in our country.
