Law is a complex system of institutions, sub-institutions and norms. In order to create an ordered collection of thoughts and ideas, the general principles of law were created and proclaimed as fundamental.
Principles - what is it?
The essence of the creation of legal principles lies in the proclamation of the main ideas and fundamental principles for the further development of a system. Russian law as the most important proclaims the following principles:
- Legality.
- Democracy.
- Respect for rights and human freedoms and citizen.
- Justice.
- Justice.
- Responsibility for guilt.
This is not a complete list, which the regulatory system of the Romano-German legal family, to which the Russian Federation belongs, can boast. However, in order to understand the essence, it is important to consider all of the above general principles of Russian law in more detail.
The principle of legality as a guarantor of the implementation of the Constitution
The Russian state has a strict hierarchical system of subordination of regulatory legal acts. Any law, regulations, documents of local and executive authorities should not contradict the Constitution of the Russian Federation. That is why legality is a general principle of law, ranking first.
Strict and strict observance of the established legal norms guarantees the creation and maintenance of order in modern society. Rule of law is dominant in every state where there is a developed legislative system. In Russia, the significance of the unwritten rule governing the rule of law is proved by the presence of a federal form of government. The guarantee that the administrative-territorial entity does not create its own legal base, as well as its laws will not contradict the Constitution, is the principle of legality.
What role does democracy play in law?
The general principles of the law of the Russian Federation as the main proclaim the principle of democracy. However, there is an active debate over whether it is important to take this norm into account when creating the legislative framework. In support of the importance of the principle of democracy, the following arguments are made:
- The right to adopt laws by the people is exercised both directly and indirectly. In the first case, a special role belongs to such a form of expression of will as a referendum, in the second - the will of the people is expressed through elected representatives, that is, indirectly.
- In the adoption of legislative acts, the will of the people plays a paramount role. This means that the principle of democracy in the first place puts the satisfaction of the needs of society.
- A strict hierarchical system, built in accordance with the principle of legality, implements the will of the people in absolutely all normative legal acts.
Three elements of the principle of democracy fully prove that the construction of a state based on the rule of law, and subsequently civil society, is completely dependent on the implementation of the proclaimed position.
The role of human and civil rights and freedoms in the state
The general description of the principles of law necessarily includes an unwritten provision on the observance and respect of the rights and freedoms of man and citizen.
The creation of the idea of protecting the rights of a citizen lies at the heart of building a rule of law state and civil society. The principle of observing the freedoms and legitimate interests of a person shows that the legal system of the Russian Federation seeks to improve the life of society and build a law-abiding society.Thus, compliance with this principle can be seen in the Constitution of Russia, which enshrines the fundamental rights and freedoms of both man and citizen. An important feature is that the legislation proclaims not only natural norms (the right to life, in the name, to inviolability), but also positive rights (to elect and be elected, to engage in entrepreneurial activity).
This principle includes the protection of the interests of citizens living in the territory of the Russian Federation, as well as the protection of the legal status of foreign persons.
Principle of justice
The general principles of law include an equally important provision on justice. The idea of this article suggests that the norms reflected in regulatory legal acts must necessarily correspond to the life of modern society. The most striking example of the implementation of the idea of justice is the decriminalization of norms criminalizing speculation. If in the Soviet Union for economic acts of this kind they imprisoned for 10 years, now the committed action does not violate the framework of the law. As you can see, the newly created legal system of the Russian Federation is fully consistent with the level of development of society.
In the process of lawmaking, the principle of justice is taken into account for the formation of a harmonious legal status both on the part of society and an individual, and on the part of the state. This means that when creating norms, it is important to avoid infringement of the rights and freedoms of man and citizen, but not to infringe on the powers of state bodies. The presence of the principle of justice provides a balance between public authorities and society as a whole. Of course, any legal act must be fair.
The principle of justice as a necessary balance of the legal system
The principle of justice is a general principle of law, but it can be considered as a general legal, sectoral and intersectoral provision.
The judicial system in the Russian state belongs to a separate branch of state power. That is why this principle is considered one of the most important. The principle of justice should be provided by the highest courts of the Russian Federation, as well as the judicial system of state entities. Thus, the consolidation of the provision gives the right to every citizen or legal entity to impartial dispute resolution.
The role of a judge in the implementation of the principle of justice is to conduct a trial and adjudicate strictly on the basis of Russian legislation, as well as personal experience. It is important to take into account the fact that the above general principles of law call for the construction of a harmonious and consistent legal system. While the principle of justice is necessary for the implementation of the mechanism for the protection and protection of their rights. If justice had not been proclaimed the basic idea of creating legal norms, all other principles would have lost their meaning for lack of proper protection.
Constitutional principles
The general principles of constitutional law can well be attributed to the principles of any branch of Russian law, since each legal institution is built in strict accordance with the Basic Law of the state. The Constitution of the Russian Federation enshrines the following development ideas:
- Popular sovereignty suggests that "the source of power in the Russian Federation is its multinational people." So begins the preamble of the Constitution of the Russian Federation, in accordance with which the subsequent norms of the law are built.
- Representation of the people shows the direct implementation of public authority. So, in the administrative apparatus there is no such deputy or official who would not be elected directly by the people and called upon to carry out and indirectly realize the will of the people.
- The principle of separation of powers, better known as "System of checks and balances", Louis Montesquieu was first introduced. In the Russian Federation, this principle was introduced in order to prevent monopolization of powers by bodies of any branch of government, including the president.
- Equality of citizens shows that the country's society is equal and independent of external indicators and signs. Russian law equally protects both a foreign person and a citizen of his state, ensures the exercise of rights regardless of nationality, language, sex, age, and so on.
- General principles of law of the Basic Law include the principle of individual freedom. The state provides the necessary list of conditions for the free development of a person, providing free secondary education, pension insurance, child benefits, family protection programs, and so on. In addition, each resident of our country has the right to independently choose whether to work or not, to engage in creative, scientific or other activities or not to do it at all, a resident of the Russian state is free to make decisions regarding the choice of religion.
It is impossible to fully describe the full list of principles reflected in the Constitution of Russia, since each norm directly or indirectly fixes one or another beginning, position, idea.
Principles of Criminal Law
Are common criminal law principles include both constitutional provisions and special rules relating only to the competence of the industry.
So, the most important principle of criminal law is the principle of guilt. He says that a person is subject to criminal prosecution only for those actions (inaction) in respect of which the subject's guilt is established. Guilt is the mental attitude of a person to a committed illegal act. Also, the definition of guilt includes awareness of the inadmissibility of behavior and the ensuing socially dangerous consequences.
The legal principle of guilt, enshrined in criminal law: in the Criminal, Criminal Procedure, Criminal Executive Code and other regulatory legal acts, indicates the mandatory determination of guilt in relation to a suspected and accused person. Moreover, this feature is necessarily personified in nature and cannot be collective.
Another principle of criminal law is presumption of innocence. Norma talks about not allowing a person to be charged until this fact is established in court. When studying legal disciplines, it is important to consider that the prosecution comes into legal force only within 10 days, and not from the moment the sentence is announced, as many people think.
Principles of Labor Law
The developing system of labor relations aims to form a legislative base appropriate to society. Thus, the general principles of labor law are enshrined not only in the Labor Code, but also in other regulatory legal acts: FKZ, FZ, Government Decisions, NLA of executive authorities and so on.
A formal list of fundamental principles and ideas is laid down in the following provisions:
- Freedom of labor implies that each subject has a choice of legal relations in any activity, which includes the preference of a particular profession, the right to dispose of his abilities, free use and distribution of his own forces. Also, the Regulation includes a general wording about the ability to work. If a person is not involved in a particular industry, this is not punishable.
- A general description of the principles of labor law contains a prohibition of forced labor. Since slave society has remained in the distant past, legislation, based on the first principle, does not allow the emergence and spread of forced labor. Any discrimination of the subject of labor relations is not allowed.
- Numerous state social programs are aimed at protecting the population of the Russian Federation from unemployment. The provision of jobs in the specialty, the guarantee of employment of civil servants, numerous benefits for workers of a particular area - any action by the country's authorities takes into account the needs of society, and also protects the population from rising unemployment. Social programs aimed at assisting in employment are being actively developed. For example, young specialist doctors are provided with a decent monetary reward, as well as high-paying housing, provided that the former student works for a certain period in places remote from the city.
General principles of environmental law and international relations
Ecology today is a complex biological complex that needs proper protection. A huge number of natural problems can be solved only through universal human efforts. Therefore, all the general principles of environmental law are principles of international law.
Nature conservation is laid down in the following provisions:
- Paid nature management.
- Legal regulation of owners of natural objects.
- Rational use of resources.
- Inadmissibility of environmental pollution.
- Integrated use of natural objects and so on.
General principles of international law are mainly contained in the Charter of the United Nations. This regulatory act as the main proclaims the following provisions:
- The law of peaceful coexistence.
- The right of nations to self-determination.
- The principle of maintaining the integrity of states.
- The principle of resolving disputes by peaceful means.
- The principle of sovereign equality between states and many others.
