Sources of law are the forms by which in the jurisdiction the will of the state is elevated to the rank of generally binding norms. The implementation of such by citizens is ensured by the state at the legislative level. Currently, the most famous are the types of sources of law, such as:
- legal custom ;
- judicial legal precedent;
- legal act;
- regulatory agreement;
- legal doctrine.
First of all, it is worth noting that the legislation in the Russian Federation - this is the form of expression of law (or its source), and it plays a crucial role in public life. Legislation includes various types of sources of law, presented above. All these or other forms of expression of legal foundations originate in the basic law of the state. According to it, all other rules of law are formed. The Constitution bears the highest legal force in comparison with other acts.
Next, we consider in more detail all types of sources of law:
Legal custom is the oldest, first established form of law. It represents the unwritten rules of behavior that have developed over time due to their repeated application. State legal custom is recognized as a generally binding rule. Any custom is formed and gains strength gradually, but since society is considered to be a dynamically developing system, outdated ones are replaced by new ones that are more adapted to the present.
A normative legal act, as well as other various types of sources of law (other than custom), has a written form and is consistent with the Constitution. Any act can affect public relations, acts throughout the country, has legal force, is part of the legal system.
Judicial legal precedent. Its essence is that the decision of the judiciary in any case becomes the standard (model) of resolving similar cases. As well as custom, it is considered the oldest source of law. The precedent is characterized by multiplicity, casuistry, flexibility, inconsistency. There are several conditions under which the precedent functions as a source of law in full: recognition by the state apparatus, the current hierarchy of the judiciary, normativity, etc.
A contract with regulatory content is another source of law. The difference in it from other similar documents is that it contains general rules that are binding on a certain group of people. For the implementation of the contract, factors such as the consent of all parties are necessary; knowing the will of the parties; the possibility of its content by these parties. Classification of legal agreements in Russia: administrative, constitutional, labor.
Types of civil law sources
These include all forms that express civil law. Their types: Constitution, as well as civil law and other adopted Federal Laws; various normative acts, which consider the norms of civil relations; departmental acts; business practices; international treaties, etc.
Types of sources of administrative law
External forms expressing administrative norms and rules that have legal force. These include the Constitution of the Russian Federation; principles of international law; laws governing issues of public administration, the activities of the executive branch, 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 sectors.