The long history of law has developed a number of forms of expression of the legislative will of the state. And each of them chose the most acceptable sources of law for their management system. In the Russian Federation, they mean a set of normative acts.
General and specific sources
The legislation of Russia is multifaceted and has its own special structure. This situation in the legal sphere is due to the fact that the sources of law in the Russian Federation have an ambiguous territorial effect. Therefore, experts in the field of regulatory regulation decided to divide all sources into two parts: general and special.
The general part is of paramount importance for the life of Russia. And therefore traditionally it is customary to classify the following acts into this circle:
- The Constitution is the basic document on which in theory all other legislative acts should be based. It logically follows that the spread of the Constitution is carried out throughout Russia.
- Federal laws - they also include constitutional laws (a special type designed to amend the current text of the Constitution). They also operate throughout the territory, but have a position subordinate to the previous act.
- Acts of the President - are guiding in relation 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 characteristic, but by the sphere of life. And therefore they matter only in the area for which they were accepted.
Jurists include the following groups of special sources:
- intergovernmental agreements required to be executed on the territory of Russia;
- acts of the constituent entities of the federation, they are local — they are intended to function only on the territory of a strictly defined subject and are adopted by authorized bodies on the ground.
The latest sources of law in the Russian Federation are placed in a 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 strictly limited effect in a relatively small section of the country.
Use of aggregate in a specific industry
Such a wide range of acts as sources of law is not necessarily fully involved in one industry. To verify this is quite simple with the example of civil and insurance law.
So, sources of insurance law include three groups of regulations:
- federal laws, among which the Tax and Civil Code stand out, as well as the special law “On the organization of insurance business in the Russian Federation”;
- local acts of the insurer;
- customs adopted in insurance activities.
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 different branch of legislation. So, the system and sources of civil law are so closely interconnected that the structure of the industry is transferred to the totality of sources. Accordingly, the totality of the sources of Russian law is referred to the general part. The special ones are “auxiliary” forms, such as business customs, business customs and law enforcement practice.
And, therefore, each branch of law is based only on those sources that maximally correspond to the effective regulation of the sphere of relations in question.