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Law of Russia
The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation. Statutes, like the Russian Civil Code and the Russian Criminal Code, are the predominant legal source of Russian laws.
Adopted by national referendum on 12 December 1993 with 54.5% of the vote, the Constitution took effect on the day it was published – 25 December of the same year. It set out the fundamentals of government as well as proclaiming the rule of law, the ideological neutrality of the state, political pluralism, competitive elections and a separation of power, guaranteeing fundamental human rights to the Russian people. The Constitution establishes a semi-presidential system that encompasses strong executive power and increased independence for the president. Since its adoption in a 1993 referendum the Russian Constitution is considered to be the supreme law of the land. Article 15 of the Constitution reads that it "shall have supreme legal force and have direct effect, and shall be applicable throughout the entire territory of the Russian Federation." Courts are guided by the Constitution and it trumps federal and local laws.
Few amendments have been made to the Constitution since its adoption. The most significant of these was made in 2008. It concerned the term of office to be held by the President of the Russian Federation, which was increased from four to six years.
After the dissolution of the Soviet Union, the Russian Federation came into being as an independent state in 1991 and it is described as a "democratic, federal, rule-based republic" in its constitution which is adopted in 1993, includes many universal principles such as human rights and freedoms, free elections, political and ideological pluralism and judicial independence. According to the Constitution of Russia, the President of Russia is head of the state, and of a multi-party system with executive power exercised by the government, headed by the Prime Minister, who is appointed by the President with the parliament's approval. Legislative power is vested in the two houses of the Federal Assembly of the Russian Federation, while the President and the government issue numerous legally binding by-laws. However, even some academics who accept that Russia has a constitutional semi-presidential model, describe the system as "presidential" and even "super presidential" due to the strong and central position of the president.
Constitutional laws cannot become part of the constitution or amend parts of it absent a special legal act on constitutional amendment. They are typically enacted in important areas of constitutional law, such as Article 56 which allows for the passage of the constitutional laws necessitated by a state of emergency
Statutes are the predominant legal source of Russian law, and may only be enacted through the legislative process. Codes are the basis for law on a matter, and they are usually supplemented with legislation to develop certain provisions. There are gaps in some of the codes, but even so the judges will find a basis for deciding the case in a given code. Codes are interpreted flexibly, and interpretation may be based on enumeration of "general principles" of the codes. General principles are usually articulated at the beginning of the codes in the first chapter to outline the reason for the legislation. Reasoning by analogy is also allowed.
The Civil Code of Russia is the "constitution" of the market economy, and is special in the hierarchy of codes, since it will supplant contradictory text in other codes. New codes and laws supersede old ones, unless a statute expressly preserves the old law.
The Criminal Code of Russia (UGKRF, 63-ФЗ) is the penal statute. It lays out conduct impermissible in Russia. The first and most recent UGKRF came into force on 1 January 1997. On 8 January 1997, President Yeltsin signed the Criminal Correctional Code to regulate the conditions of the sentences. The new Criminal Code replaced the Soviet analogue of 1960. The main changes deal with economic crimes and property crimes.
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Law of Russia
The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation. Statutes, like the Russian Civil Code and the Russian Criminal Code, are the predominant legal source of Russian laws.
Adopted by national referendum on 12 December 1993 with 54.5% of the vote, the Constitution took effect on the day it was published – 25 December of the same year. It set out the fundamentals of government as well as proclaiming the rule of law, the ideological neutrality of the state, political pluralism, competitive elections and a separation of power, guaranteeing fundamental human rights to the Russian people. The Constitution establishes a semi-presidential system that encompasses strong executive power and increased independence for the president. Since its adoption in a 1993 referendum the Russian Constitution is considered to be the supreme law of the land. Article 15 of the Constitution reads that it "shall have supreme legal force and have direct effect, and shall be applicable throughout the entire territory of the Russian Federation." Courts are guided by the Constitution and it trumps federal and local laws.
Few amendments have been made to the Constitution since its adoption. The most significant of these was made in 2008. It concerned the term of office to be held by the President of the Russian Federation, which was increased from four to six years.
After the dissolution of the Soviet Union, the Russian Federation came into being as an independent state in 1991 and it is described as a "democratic, federal, rule-based republic" in its constitution which is adopted in 1993, includes many universal principles such as human rights and freedoms, free elections, political and ideological pluralism and judicial independence. According to the Constitution of Russia, the President of Russia is head of the state, and of a multi-party system with executive power exercised by the government, headed by the Prime Minister, who is appointed by the President with the parliament's approval. Legislative power is vested in the two houses of the Federal Assembly of the Russian Federation, while the President and the government issue numerous legally binding by-laws. However, even some academics who accept that Russia has a constitutional semi-presidential model, describe the system as "presidential" and even "super presidential" due to the strong and central position of the president.
Constitutional laws cannot become part of the constitution or amend parts of it absent a special legal act on constitutional amendment. They are typically enacted in important areas of constitutional law, such as Article 56 which allows for the passage of the constitutional laws necessitated by a state of emergency
Statutes are the predominant legal source of Russian law, and may only be enacted through the legislative process. Codes are the basis for law on a matter, and they are usually supplemented with legislation to develop certain provisions. There are gaps in some of the codes, but even so the judges will find a basis for deciding the case in a given code. Codes are interpreted flexibly, and interpretation may be based on enumeration of "general principles" of the codes. General principles are usually articulated at the beginning of the codes in the first chapter to outline the reason for the legislation. Reasoning by analogy is also allowed.
The Civil Code of Russia is the "constitution" of the market economy, and is special in the hierarchy of codes, since it will supplant contradictory text in other codes. New codes and laws supersede old ones, unless a statute expressly preserves the old law.
The Criminal Code of Russia (UGKRF, 63-ФЗ) is the penal statute. It lays out conduct impermissible in Russia. The first and most recent UGKRF came into force on 1 January 1997. On 8 January 1997, President Yeltsin signed the Criminal Correctional Code to regulate the conditions of the sentences. The new Criminal Code replaced the Soviet analogue of 1960. The main changes deal with economic crimes and property crimes.
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