Trends in the ʼLivingʼLaw Development in Russia: The Lawmaking of Other Authorities
Abstract
This article defines key directions of the lawmaking development in modern states that are conditioned by peculiarities of the legal development of society. The Presidential, Governmental and other executive authorities have particular importance for the legal regulation.
Lawmaking problems remain relevant both in legal science and legal activity. Currently, there are many controversial issues in this area, including the correlation between the federal and regional lawmaking, application of sociological methods in the lawmaking process, observance of legislative techniques, identification of law-forming interests and provision of the balance between them, problem of law conflicts, etc.
In this article we drew our attention to two real-life problems of the modern lawmaking process in Russia. In the first place, it is a hierarchical violation of statutory enactments on legal force. Secondly, it is an improper provision of laws with by-laws. In our opinion, the trends in the lawmaking development manifested in the Russian legal system are a consequence of the following factors: political, social and economic situation in the society; the state position on the international stage; internal processes of the law system development.
This research mainly aims to identify trends in the development of the modern law making in Russia.
References
[2] Alekseev, S.S. 1982. Obshchaya teoriya prava [General theory of law]. Moscow: Yuridicheskaya literatura.
[3] Kurdyuk, P.M. 1997. Regionalnoe pravotvorchestvo: sostoyanie, problemy, perspektivy: Dis. … kand. yurid. nauk [Regional law-making: state, problems, prospects: PhD Thesis Abstract]. St. Petersburg (p. 3).
[4] Kurdyuk, P.N. 2014. Konstitutsiya Rossiiskoi Federatsii kak tsementiruyushchaya osnova regionalnogo zakonotvorchestva na primere Zakonodatelnogo sobraniya Krasnodarskogo kraya [The Constitution of the Russian Federation as a cementing basis of regional law-making process as exemplified by the Legislative Assembly of Krasnodar Territory]. Vlast zakona, 1(17), 25-33.
[5] Llewellyn, K.N. 1960. The Common Law Tradition. Deciding Appeals. Boston, Toronto: Little, Brown and Company.
[6] Llewellyn, K.N. 1962. Jurisprudence. Realism in theory and practice. Chicago; London: The University of Chicago Press.
[7] Malko, A.V. 2005. Teoriya gosudarstva i prava [Theory of state and law]. Moscow: Yurist.
[8] Marchenko, M.N. 2006. Problemy teorii gosudarstva i prava [Problems of the theory of state and law]. Moscow: Prospekt.
[9] Montesquieu, S. 2011. On the spirit of the laws. Moscow: Direkt-Media.
[10] Nersesyants, V.S. 2000. Obshchaya teoriya prava i gosudarstva [General theory of state and law]. Moscow: NORMA.
[11] Pound, R. 1942. Social control through law. New Haven: Yale Univ. Press; Oxford Univ. Press.
[12] Problemy teorii gosudarstva i prava [Problems of theory of state and law]. 2013. Kazan: Poznanie.
[13] Teoriya gosudarstva i prava [Theory of state and law]. 1999. Moscow: Yurist.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.