Military Review

What is the most important law in the country: on the hierarchy of acts and laws in the Russian Federation

24

December 12 is the Constitution Day in Russia. This year, as is well known, a whole set of amendments to the basic law of the country was adopted in our country. Against the background of the ongoing discussion of the so-called "zeroing of presidential terms", such detail as the emphasis of the updated Constitution on the fact that for Russia the main body of laws should be internal laws, is often overlooked.


Initially, the Constitution was designed in such a way that it recognized the supremacy of international law over domestic law. As a result, the Russian Federation actually found itself in serious dependence on a number of international institutions, including various courts. And these institutions often acted not at all in the interests of Russia and Russian citizens.

An interesting question is related to how things stand with what laws are paramount in the Russian Federation today. In particular, we will talk about how Russian laws are structured, which of them can and should be considered the most important.

Lawyer Anton Kornev talks about this on his channel. The video tells about the hierarchy of regulatory legal acts in Russia in sufficient detail.

A separate question is how successfully the law, which is the main one in the state, works.

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  1. Deck
    Deck 11 December 2020 10: 59
    +2
    In our country, by-laws are the main ones. Decrees, orders, instructions, orders for the ministry or department. Mostly chipboard. We live by them
    1. Lech from Android.
      Lech from Android. 11 December 2020 11: 10
      0
      Decrees, orders, instructions, orders for the ministry or department. Mostly chipboard. We live by them

      Sometimes they contradict each other, sometimes they just hopelessly lag behind life, sometimes there are such gaps in them ... that through them you can safely break the law without fear of consequences ... for example, withdraw money in large quantities and not pay taxes to your state.
      But the main thing is not to violate the basic principles specified in the main articles of the constitution, and with that, that's just the trouble.
      The State Duma understands the basic law of the country too peculiarly, adopting certain by-laws.
      1. bad
        bad 11 December 2020 11: 43
        +17
        Quote: Lech from Android.
        Sometimes they contradict each other, sometimes they just hopelessly lag behind life, sometimes there are such holes in them ... that through them you can safely break the law without fear of consequences

        For this, everything is conceived - the system is built in such a way as to blur responsibility. And such a system needs to be broken. More precisely repair
        1. Alexander Vorontsov
          Alexander Vorontsov 11 December 2020 12: 09
          -5
          Another Mamkin specialist and master of sports in all sports?

          The system is built around the world so that people on the ground would have some freedom to correct certain issues based on their preferences.
          An example is the USA, where each state has its own norms regarding a whole list of questions.
          1. Stas157
            Stas157 11 December 2020 13: 30
            +6
            What is the law in the country the most important

            Neither the Constitution nor the Court are the most important in our country ... in our country, the main Putin!

            In dictatorial regimes, law and law are declarative and selective in nature, applied selectively, not to everyone. And the Constitution can be reset.
          2. Boris ⁣ Shaver
            Boris ⁣ Shaver 11 December 2020 19: 29
            -1
            Quote: Alexander Vorontsov
            The system is built like this all over the world

            "All over the world" sodomy is in favor - will you also start practicing now?
            1. Alexander Vorontsov
              Alexander Vorontsov 11 December 2020 19: 40
              +2
              Quote: Boris ⁣Razor
              "All over the world" sodomy is in favor - will you also start practicing now?

              You pulled out of my phrase a part that is secondary.
              "The system is built all over the world in order to ..."
              And the most interesting thing is after the words.
              "... on the ground, people had some freedom to adjust certain issues based on their preferences"

              So that ... each of us could conclude a contract for the "purchase of a kitchen" (for example) as flexibly as possible for us. By writing down the terms and conditions in it.
              On what day to deliver, to which floor to deliver and at whose expense to lift and unload.

              But if the kitchen seller includes a clause in the contract that if you refuse his assembly services (at an exorbitant price) and assemble it yourself, then he deprives you of the guarantee, then, despite the fact that you signed the contract, you are appealing to a higher document - the law on protection consumer rights. According to which the obligations of the seller or supplier are established.

              That's what this system is for.
              And not at all for what they wrote about the nonsense of an uneducated person.
              1. Boris ⁣ Shaver
                Boris ⁣ Shaver 11 December 2020 21: 18
                -1
                Quote: Alexander Vorontsov
                the most interesting thing is after the words.
                "... on the ground, people had some freedom to adjust certain issues based on their preferences

                You will be surprised, but your opponent said exactly the same thing as you, only with a negative connotation. It is stupid to argue about the shades - both for him and for you are conditioned only by subjective expectations from this "freedom to correct". Any freedom can be used both for good and for evil.
                Do not agree?
        2. Boris ⁣ Shaver
          Boris ⁣ Shaver 11 December 2020 19: 27
          -1
          Quote: malo
          repair

          Remodel
      2. Deck
        Deck 11 December 2020 12: 27
        -1
        The State Duma understands the basic law of the country too peculiarly, adopting certain by-laws

        By-laws are adopted not in the Duma, but all kinds of officials, in uniform and without
    2. tihonmarine
      tihonmarine 11 December 2020 11: 12
      +2
      Quote: Deck
      Decrees, orders, instructions, orders for the ministry or department. Mostly chipboard. We live by them

      As they said before, "We have nothing more permanent than temporary."
    3. Pensive Lawyer
      Pensive Lawyer 11 December 2020 11: 21
      +2
      By-laws concretize the norms of legislation, without contradicting them.
      Using a simplified example taken from my head (made up): the law says that large breeds of dogs cannot be walked without muzzles.
      And already decrees regulate what breeds of dogs are considered large and what counts as a muzzle.
      This is done in order not to change the law 200 times with the advent of a new breed, but to change the bylaw, which is easier in terms of procedure.
      Internal orders and regulations also specify the procedure for citizens to receive public services, the interaction of government agencies with each other.
      All this cannot be found in the laws (in detail), since all these procedures change regularly, along with changes in the level of technology and the speed of interaction.
      1. Deck
        Deck 11 December 2020 12: 24
        -3
        Example (simple):
        Article 31 of the Constitution of the Russian Federation states: Citizens of the Russian Federation have the right to assemble peacefully, without weapons, to hold meetings, meetings and demonstrations, processions and picketing.
        On June 19, 2004, the Federal Law "On Meetings, Rallies, Demonstrations, Processions and Picketing" was adopted, in which, as in the aforementioned Decree of the Presidium of the USSR Supreme Soviet of July 28, 1988, the notification procedure is preserved
        Now you, dissatisfied with the pension reform, send a notification to the mayor's office or the village council, go out into the street with a poster and receive a baton in the ribs from a riot policeman and 15 days from a judge for participating in unauthorized event.
        By-laws concretize the norms of legislation, without contradicting them.

        As it is very strange to concretize. Do not contradict, you say?
      2. Boris ⁣ Shaver
        Boris ⁣ Shaver 11 December 2020 19: 30
        0
        Quote: Pensive Lawyer
        By-laws concretize the norms of legislation, without contradicting them.

        Often contradicting. Not so long ago, for example, the Ministry of Construction "canceled" a government decree. Moreover - by letter!
        As a result, the Ministry of Construction apologized, but during this time the n-th number of projects passed the examination with adjustments according to the "new" rules.

        And in general, the subject of letters, which even under EBN officially deprived the status of a source of law, is still a disaster. Some thread of a bureaucrat, referring to such a letter, forces you to do what you should not do at all. And you must prove that it is not a camel, but through court. I cannot understand this at all.
    4. Boris ⁣ Shaver
      Boris ⁣ Shaver 11 December 2020 19: 26
      0
      Quote: Deck
      Decrees, orders, instructions, orders for the ministry or department

      Verbal orders and agreements
  2. vladimirvn
    vladimirvn 11 December 2020 11: 19
    0
    "What is the most important law in the country" ...?
    We have one law, if you are close to the ruling elite, then all the other laws of the Russian Federation, by-laws for you.
  3. rocket757
    rocket757 11 December 2020 11: 23
    0
    A separate question is how successfully the law, which is the main one in the state, works.

    Any, even the best law, is only PART OF THE BUSINESS!
    The question is who and how puts himself above the law and what happens to him for this ... if at all.
  4. Alexander Vorontsov
    Alexander Vorontsov 11 December 2020 12: 08
    +2
    .

    If we take the introductory level, then yes, the information is at the level of a civics lesson.
    Constitution - FZ - government decrees - by-laws - recommendations

    If you dig deeper, then the whole jurisprudence is already touched upon - the topic is very extensive and you cannot discuss it in a normal way.
  5. Whowhy
    Whowhy 11 December 2020 20: 44
    0
    Initially, the Constitution was designed in such a way that it recognized the supremacy of international law over domestic law. As a result, the Russian Federation actually found itself in serious dependence on a number of international institutions, including various courts.

    An absurd statement. The constitution recognized the priority of international law only after the conclusion of an international treaty.
    At present, in fact, nothing has changed for international treaties, except for an empty declaration in the Constitution. Will you run to the international court with your Constitution when all over the world your assets are arrested?
    But human rights now really cannot be protected in Russia. Previously, they somehow looked back at the International Court of Human Rights, although in the overwhelming majority of cases it was still useless, but now the last thread has been cut off, since all branches of government are now under the president ...
    1. Lara Croft
      Lara Croft 11 December 2020 21: 23
      -3
      Quote: whowhy
      But human rights now really cannot be protected in Russia. Previously, they somehow looked back at the International Court of Human Rights, although in the overwhelming majority of cases it was still useless, but now the last thread has been cut off, since all branches of government are now under the president ...

      Yes, the "shop" for those offended by the Party and the Government was closed ...
  6. Lara Croft
    Lara Croft 11 December 2020 21: 05
    +1
    From the beginning, Vidie learned that US citizens always go to the Constitutional Court, which has never been in the US ...
    And about special norms in relation to general ones, the uncle did not say a word ...
    About 15 tbsp. The Constitution of the Russian Federation in the old edition (allegedly according to which international norms (even those not related to the Russian Federation) were higher than national ones) I would rather not write anything ...
    1. Ross xnumx
      Ross xnumx 13 December 2020 03: 39
      +1
      Quote: Lara Croft
      From the beginning, Vidie learned that US citizens always go to the Constitutional Court, which has never been in the US ...

      Nobody noticed this anyway. At the beginning the phrase sounds:
      Even assuming certain international obligations, we still have to defend our interests, and if this, God forbid, happened, then we have to complain to the Constitutional Court. Nowhere else. By the way, in the United States of America it was so long ago. This has never happened before.

      But it was necessary:
      Even assuming certain international obligations, we still have to defend our interests, and if this, God forbid, happened, then we have to complain to the Constitutional Court. Nowhere else. By the way, in the United States of America it was so long ago. For this they have the US Supreme Court. This has never happened before.
      1. Lara Croft
        Lara Croft 13 December 2020 11: 04
        +1
        ROSS 42 (Yuri Vasilievich) For this they have the US Supreme Court.

        So exactly Comrade. general p-k ...
  7. ivan2022
    ivan2022 30 January 2021 14: 51
    0
    A.S. Pushkin wrote: "Custom is a despot among people." The law works only as long as the policeman's fist or baton works and the fear of being in a cell among "convicts" works. And if not, then they put it on the Law and don't remember. They act according to custom.
    If a minister in Japan is caught on bribes, he shoots himself in the forehead; if in Russia, he behaves as if he was not only convicted under the Law, but also awarded an order.
    Such a case is known; in the city of Zelenograd they began to register cars with a license plate of the type B # # # OR - it turns out a thief!
    The check-in queue was huge. Everyone wanted a badge of valor!