For many years, humanity has been thinking about the problem of its own self-regulation. A rational creature always tries to find its place among similar individuals. However, the organization of people at all times was a difficult task, since there was no universal method for regulating relations within this complex system. Gradually, methods were found, but all of them did not bring the desired effect.
The first of these was violence. But his role was very overestimated, since people united only under the power of fear. At the first opportunity and the loss of power of a leader, any social system built on violence and fear would fail. The violent method has been replaced by religion. Theological concepts and beliefs have been the main regulator for many centuries. However, despite the authority of the church, religion was gradually supplanted by the true method of influencing human relationships, which developed throughout human history.
The name of this method is law. Its development today really surprises many scientists. Indeed, law is not only a regulator, but also a science. If we talk about this category as an object, it should be noted that it is structured. His system contains a lot of specific elements and additional systems, because law regulates almost all human relations at all absolutely levels. A rather interesting structure is the system of legislation. In the Russian Federation, this set of different norms and institutions is endowed with characteristic features that cannot be seen in other countries. Therefore, in the article we will try to understand what the system of legislation is and what functions are assigned to it.
System of law
It should be noted that the system of legislation and the system of law are interconnected elements. Therefore, they simply need to be considered in aggregate in order to understand in more detail the features of each. Firstly, both categories are part of the legal system, which is structured in any state. Secondly, the system of legislation of the Russian Federation, in fact, is a formalized expression of the system of law. Thus, a logical question arises: what is the first category? If we take into account the most “classical” understanding, then this category is an internal construction of important elements of law and their relationship. It should be noted that the legal system for the most part is built on the principle of hierarchy and the relationship of all elements with each other.
Structural elements of the legal system
Many people at the first mention of the term "system of law" are very much lost. However, this category consists of elements that are familiar to almost everyone. The structural parts are as follows:
- The branch of law is a set of rules that govern relations in a certain area of human life. At present, in the Russian Federation there are such sectors as civil, criminal, land, administrative, criminal procedure, etc. Branches, as a rule, unite in their structure the regulatory norms for the generic object of their regulation.
- The institute of law can be called a set of norms on any particular regulatory issue.For example, there is an institution of presidency in constitutional law, responsibility in criminal law, etc. That is, homogeneous relations governed by some common object are regulated.
- The rule of law is the most “small”, insignificant element of the legal system. It expresses specific rules, which are then combined into wider structures.
Correlation of elements of the legal system
It should be noted that there are times when the boundaries, for example, between an institution and an industry are substantially blurred. For example, very often a separate institution includes so many legal norms in its structure that it can be distinguished into a whole sub-branch or a separate branch of law. An example of this is the civil liability industry sub-industry. But such global correlation issues arise very rarely, since in most cases the addition and expansion of institutions in a particular industry takes a long period of time.
How does the legal system relate to the legal system?
Now let’s try to understand how the legal system and the legal system relate to each other. The answer lies in the very essence of the law. If you think about what this category is, then you immediately think of many normative acts. In this case, regulations include legal norms, institutions and industries. It is thanks to these normative documents that the law practically implements its relations. But in this case the question arises: "Which concept is broader - a system of law or legislation?" In general, the answer to it is obvious.
The system of legislation is essentially narrower than the system of law, because normative acts, as a rule, are issued within a particular industry. That is, there may be several acts at once, which include norms, for example, of the civil industry. In addition, the legislative system also includes international regulations, which also include the norms of individual industries. Thus, the legal system, legislation are two interrelated categories that simply cannot be considered separately from each other.
The concept of a system of legislation
Given all the above described features of the presented legal category, we can conclude that the system of legislation of the Russian Federation is a set of all, without exception, normative acts in which the structural nature and internal content of the characteristics of law are manifested. In other words, we are talking about the form of manifestation of legal sectors, institutions and individual norms. This form, as a rule, takes the form of official documents: laws, decrees, instructions, etc. In this case, the interpretation of legislation as a separate category plays an important role. Indeed, it is thanks to her that the systems of legislation of the Russian Federation are an independent problem for study.
What is legislation?
There is a narrow and broad interpretation of legislation as a separate category. In the first case, legislation refers only to the totality of all the most “authoritative” normative acts, namely laws. With a narrow interpretation, all legal acts are taken into account, regardless of their legal strength and place in the system. In this case, it is clearly seen that the system of existing legislation is fundamentally different from legislation, as a separate concept. Because the system implies the interconnection and subordination of its internal elements.
Legislation Structure
The system of Russian legislation, as mentioned earlier, is a hierarchy with a clear structure. However, the structure of this category has a large number of interpretations. In other words, there are several types of aggregate regulatory acts of the state.These varieties appear due to the ordering of different criteria of the hierarchy in which normative acts are located among themselves. That is, the structure clearly shows how the various LAs relate to each other.
Types of legislative structures
Today, there are several main types of legislative structures, namely:
- The horizontal structure of the legislative system is a product of regulation of individual legal sectors. This structure is a set of regulatory acts that are united by one regulatory object. For example, one can distinguish the aggregate of legal acts that make up the system of tax legislation, criminal, civil, etc. This can be seen in almost any industry. In this case, all acts are not subject to each other on the principles of a legal hierarchy.
- The vertical structure is more acceptable and understandable. It involves the construction of all official documents by their legal force.
That is, the norms of all, without exception, regulatory acts are interconnected and are in a state of strict hierarchy. As a rule, the head of the legislative base is the Constitution - the main law. On the basis of its principles, the remaining documents are issued, namely: laws and regulations. In addition, as in the case of a horizontal structure, all legal acts regulate relations in a certain area of human life. Thus, various elements of the legal system find their application in the legal acts, which at the same time are endowed with different legal powers.
In addition to the presented types of legislative structures, there are also examples of a different structure and relationship of the legal acts. They are distinguished depending on the territorial structure of each particular state.
The system of legislation of different states
Given the completely diverse principles of territorial construction, which are used in different countries, we can distinguish legislative systems based on the action of these factors. For example, there is legislation of the federation, republic and autonomy. As for the first category, this system is also divided into federal and legislation of the subjects of the federation. This means that at the national level, government authorities issue legal acts that regulate certain relations throughout the entire territory. At the same time, the subjects of the federation are entitled to publish their normative documents, which also regulate certain issues related to the regulation of public relations. However, official normative acts of the subjects of the territorial structure should not compete with national ones. A similar type of legislative structure can be clearly seen in the Russian Federation.
Legislation of the republic and autonomy
Legislation, or rather, its system in the republic, is a single set of regulatory acts. In other words, we are talking exclusively about the availability of only the national level of publication of normative acts. There is a single body that is authorized to issue legal acts. However, this principle is violated if there is autonomy within the republic. Such territorial units, as a rule, are endowed with the ability to issue normative acts to regulate their internal process of life. However, in all other cases, the main coordinator is the line of republican legislative acts.
The essence of comprehensive legislation
Many states have so-called comprehensive legislation. Its essence is very often incomprehensible even in the scientific community. Therefore, people are wondering what a complex system of legislation is. As a rule, the essence of this category is that it regulates the most specific issues and social relations.Such relations include relations in the field of the legal status of youth, women, ethnic groups, transport, medical legislation, etc. In other words, issues that are not within the scope of an object are regulated. Any legal industry.
Conclusion
So, in this article, the author considered such a concept as a system of legislation. The concept and structure of this category were also presented. It should be noted that theoretical developments in this field are still being carried out by scientists. They are simply necessary, because the level of implementation of the law as a whole will depend on the quality of the system of regulatory acts.
