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Contents:
  1. Law and Legal System of the Russian Federation - Sixth Edition - PDF eBook
  2. Legal systems in the Russian Federation: overview
  3. Constitutional Justice of Russia within the judicial landscape of contemporary Europe
  4. Library of Congress

Operating under the Constitution, the legacy of the Soviet Union, where the judiciary formed part of the law enforcement system and the judge had no more institutional or personal independence from the Executive than a police officer or a clerk, however remains powerful. It is far from clear that the executive and legislative branches have wholeheartedly or consistently embraced the changes, and the lack of political will or consensus is a significant factor in the slow and uneven progress of reform.


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Box 91 Geneva 8, Switzerland. Language Switcher en es fr ru. Courts of general jurisdiction may decline to apply 1 any law that violates the Constitution and 2 any normative regulations, in particular subordinate regulations that contravene statutes. The Supreme Court of the Russian Federation has jurisdiction to determine the constitutionality of regulations issued by government agencies. The Supreme Court has held that lower courts must evaluate the contents of applicable laws or other normative acts for their conformity to the constitution, and to apply the constitution where they conflict.

USSR legislation fills gaps as the new system is being put in place, and is purely transitional until the Russian parliament can add new laws. It cannot contradict legislative acts of RF. Judges often reason by analogy , using the general principles of the law the codes to interpret provisions broadly.


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Other principles are equity and fairness, general principles of law, etc. The Russian Civil Code explicitly mentions custom as a separate source of law. Traditions may establish rules of decision where there is no dispositive language in statute or other written law. Individual scholars may be influential by drafting legislation or debating proposed legislation.

Law and Legal System of the Russian Federation - Sixth Edition - PDF eBook

Unlike in some civil-law systems, academic treatises or learned commentary is not considered a separate source of law or cited by judges, but judges and attorney rely on it for their arguments. All international law and the international treaties of the Russian Federation are part of Russian domestic legal system. Domestic law gives way to international law according to Article 15 of the Constitution. The Constitutional Court has the greatest expertise in applying international law.

Legal systems in the Russian Federation: overview

During the Soviet period, Russian law was considered to be socialist law. Since the fall of the Soviet Union that is no longer the case, and most scholars have classified the Russian legal system as a civil law system. However, there are problems with this new classification similar to the ones that plagued Russia's classification as a socialist law country.

Some legal branches could be considered as the mix of civil law and common law.

Constitutional Justice of Russia within the judicial landscape of contemporary Europe

For, example civil procedural law is considered by Dmitry Maleshin as a mix of civil law and common law. From Wikipedia, the free encyclopedia.

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Library of Congress

Constitution Law. Judiciary Law enforcement. Central Election Commission Presidential elections Federal subjects Heads of federal subjects Regional parliaments. Foreign relations. Language Switcher en es fr ru.

On June 16, in. Until the nineteenth century, the Russian judicial system was subject to an administrative hierarchy headed by the Tsar. During the Tsarist period, volost courts applied locally generated customary law rather than the Civil Code.