LawState and Law

Sources of law

Sources of law are certain forms of external expression of its content, fixed officially. It should always be remembered that along with the external form, there is also the internal structure of the industry under consideration.

In Russia, there is a document in which all the provisions are collected, which in general characterize all sectoral areas. This document is the Constitution of the country.

For each sectoral direction, their own regulations and normative acts have been developed. So, for example, the sources of municipal law are, apart from the Constitution, federal legislation, statutes of state entities, municipal regulations, as well as international legal provisions.

It should be noted that in the Constitution of the country territorial self-government is fixed as one of the foundations of the constitutional system. In the Basic Law, Chapter 8 is devoted to the regulatory regulation of territorial self-government. It should be noted that this chapter does not exhaust the constitutional norms. Thus, Article 3 establishes the right of the people to express their will, either directly or through local authorities, in Article 8 the territorial form of property is recognized and protected . In Article 9 it is determined that the resources of nature can be owned by territorial authorities and so on.

Federal laws, as sources of law, reflect the general territorial, legal, economic, organizational principles on the basis of which local self-government is built. Together with this, these principles also determine the state guarantees for the exercise of power on the ground.

Federal legislation establishes the regulatory framework of territorial self-government. This basis is made up of the following sources of law: the Constitution, constitutional laws of the federal level, legislative acts and the regulatory normative acts adopted according to them , as well as statutes, decisions taken at local referenda or civil gatherings and other acts.

It is established that Russia is a federal state and consists of subjects. The sources of the law of the subjects are their constitutions (statutes). They participate in the regulation of local authority.

In addition, normative acts issued at the territorial level act as sources of municipal law. These documents, together with regional and federal acts, have great significance in the issue of the activities of territorial formations and local authorities. The structure of municipal regulations includes the charter, normative acts adopted at the gathering of citizens (local referendum), norms, orders and resolutions of the representative body, local head, other officials and bodies specified in the charter.

International legal norms act as sources of municipal law. They are an integral part of the legal system of the state. If the international treaty fixes norms different from the country's legislation, then international norms are used.

As already mentioned above, the Constitution is the main source of law in Russia. It fixes all general legal provisions. Customs rules are not an exception. This branch is regulated both by constitutional provisions, and by other acts and norms. In particular, sources of customs law are laws adopted within the framework of the relevant (customs) sphere, and other acts containing the relevant regulatory norms. The same category includes decrees (both the Government and the President), as well as other orders, instructions, regulations and requirements.

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