LEGAL SYSTEM

SOURCES OF LAW

The Russian legal system is a civil law system conceptually based on statutes and codes. The statutory provisions are rather abstract and require interpretation when they are applied to a particular legal relationship or in a court case.

Being a federal state, the Russian legal system comprises federal and regional statutes and codes. The Constitution of the Russian Federation (the Constitution)1 draws a fundamental borderline between the competence of the federal and regional authorities. A more detailed division of powers is provided by federal agreements between the Russian Federation and its regions. For example, civil, criminal, tax, customs, land, forestry, water resources, inland water transportation, and civil and criminal procedure matters are regulated at the federal level. Centralised regulation of fundamental matters under federal legislation creates a homogeneous legal environment in all regions of the Russian Federation and consequently, as will be discussed further below, a rather unified application of law by Russian courts.

The statutory law regulates nearly all spheres of activities and is regularly supplemented and amended by the legislator. In those fields where there is less or no statutory regulation, sub-laws fill the gap.

A large part of Russian legal acts are sub-laws enacted by the state executive bodies and other state organs.

Although there is no statutory definition of the hierarchy of sources of law, it is accepted doctrinally2 that the sources of law form the following hierarchy:

• 1. the Constitution;

• 2. ratified international treaties;

• 3. federal constitutional laws; and

• 4. federal codified laws (codes) and federal laws.