A long history of law has developed a number offorms of expression of the legislative will of the state. And each of them chose for the management system the most acceptable sources of law. In the Russian Federation, they mean a set of normative acts.
General and special sources
Legislation of Russia is multifaceted and has its ownspecial structure. This situation in the legal sphere is due to the fact that sources of law in the Russian Federation have an ambiguous territorial effect. And because experts in the field of regulatory regulation, it is common to divide all sources into two parts: general and special.
The general part is of paramount importance for the life of Russia. That is why it is customary to include the following acts in this circle:
- The Constitution is the basic document for whichtheories must rely on all other legislative acts. It logically follows that the spread of the Constitution is carried out throughout the territory of Russia.
- Federal laws - in their number alsoincluded and constitutional laws (a special kind, designed to amend the current text of the Constitution). They also operate throughout the territory, but have a subordinate position in relation to the previous act.
- Acts of the President - are of a directing nature with regard to the external and internal development of the state. Also have a common territorial significance.
- Acts of the Government and its structural elements- as a rule, these sources of law in the Russian Federation are limited not so much by the territorial characteristics as by the sphere of life activity. That is why they matter only in the area for which they were adopted.
Lawyers include the following in the group of special sources:
- intergovernmental agreements obligated to be executed on the territory of Russia;
- Acts of the subjects of the federation, they are also local - are intended for functioning only in the territory of a strictly defined subject and are accepted by authorized bodies on the ground.
The last sources of law in the Russian Federation area separate group because of their cardinal differences from the above basic forms of expression of law. Thus, the text of international treaties is only partially compiled by Russia, and local acts have a strictly limited effect on a relatively small part of the country.
Use of the aggregate in a particular industry
Such a broad list of acts as sources of law is not necessarily fully involved in one industry. To be convinced of this quite simply on the example of civil and insurance law.
Thus, the sources of insurance law include three groups of normative acts:
- federal laws, among which are the Tax and Civil Code, as well as a special law "On the organization of insurance business in the Russian Federation";
- local acts of the insurer;
- The customs adopted in the insurance business.
Strictly speaking, the last two types of sources can act as such only if they do not directly contradict the first.
But a more complex structure was created in a differentbranch of legislation. Thus, the system and sources of civil law are so closely interrelated that the structure of the industry is transferred to a combination of sources. Accordingly, the whole of the whole set of sources of law of Russia. To the special - "auxiliary" forms, such as: the customs of business turnover, business practices and law enforcement practice.
And, consequently, each branch of law relies only on those sources that best meet the effective regulation of the sphere of relations in question.
