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Law of Russia

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The legal system of the Russian Federation is a complex structure of rules. It is based on a hierarchy of different types of laws. At the very top sits the Constitution of the Russian Federation. This document is the supreme law of the land. Article 15 of the Constitution states it has supreme legal force. It has a direct effect throughout the entire territory of Russia. This means all other laws must follow the Constitution. If a local or federal law conflicts with it, the Constitution wins. The Constitution establishes the fundamentals of government. It also proclaims the rule of law and political pluralism. It guarantees fundamental human rights to the Russian people.

Russia uses a semi-presidential system of government. This system includes strong executive power. The President serves as the head of the state. The President also oversees a multi-party system. Executive power is exercised by the government. This government is headed by a Prime Minister. The President appoints the Prime Minister. However, the parliament must approve this appointment. Legislative power belongs to the Federal Assembly. This assembly consists of two separate houses. Some academics describe this as a "super presidential" system. They say this because the President holds such a central position.

The modern legal structure began after the Soviet Union dissolved. The Russian Federation became an independent state in 1991. On 12 December 1993, a national referendum was held. Citizens voted on the new Constitution. It was adopted with 54.5% of the vote. The Constitution officially took effect on 25 December 1993. Since then, very few amendments have been made. The most significant change occurred in 2008. This amendment changed the presidential term of office. The term was increased from four years to six years.

Statutes are the most common source of Russian law. These are enacted through a formal legislative process. Many statutes are organized into large books called codes. Codes serve as the basis for law on specific subjects. The Civil Code is a very important code. It is often called the "constitution" of the market economy. It can even override contradictory text in other codes. The Criminal Code is another vital set of rules. It is the penal statute that lists impermissible conduct. The current Criminal Code came into force on 1 January 1997. This replaced the older Soviet version from 1960. It brought new rules regarding economic and property crimes.

There are also different levels of laws below the Constitution. Federal constitutional laws are one type. These deal with issues specifically mentioned in the Constitution. They have more legal force than regular federal laws. However, they have less force than amendments to the Constitution. The President and the government can also issue sub-laws. The President issues decrees and directives. These must not go against the Constitution or federal laws. Government agencies also create regulations. These regulations are limited by the Constitution and relevant codes.

Russia is classified as a civil law country. In this system, court decisions are not strictly binding on other courts. However, lower courts usually follow the principles of supreme courts. The Supreme Court can set aside lower court decisions. This happens if a decision breaks the uniformity of law. The Supreme Court also reviews regulations from government agencies. The Constitutional Court plays a unique role here. It acts as a "negative legislator." It can declare certain laws void if they are unconstitutional. Its interpretations of the Constitution are authoritative and binding.

Several other factors influence how laws are applied. International law and treaties are part of the Russian legal system. According to Article 15, domestic law gives way to international law. Judges also use "general principles" to interpret the law. These include concepts like good faith, reasonableness, and justice. If a code has a gap, judges may use reasoning by analogy. This means they apply similar rules to new situations. Even custom is mentioned as a source of law in the Civil Code. Finally, legal scholars provide influential academic commentary. While not a separate source of law, their work helps guide arguments in court.

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