Sources of Russian law.

The framework of the Russian legal system is created by the Constitution, constitutions of the Subjects of the Federation, decisions of the Constitutional court, decisions and directives of the Supreme Court and the Supreme Arbirtazhny Court, international treaties, federal constitutional laws and federal laws, regional laws and ordinances, municipal legal acts, directives and statements of the Central Bank and governmental ministries and state authorities.

Conflict of legal acts is resolved according to the juridical power of the legal acts. The Constitution has a supreme power on the whole territory of Russia. Codes and federal constitutional laws have more power than federal laws. A conflict between regional and federal laws is decided in favour of a regional law if one is admitted within the regional competence and vice versa. An international treaty that has been ratified has direct effect and precedence over the domestic legislation.

Russia is a civil law country; decisions rendered by courts are not binding on other courts. However, the lower courts generally follow the principles established by the supreme courts. Moreover, according to Art.304 of the Code of Procedure in Commercial Courts, the Supreme Arbitrazhny Court can set aside a decision of a lower court on the grounds that this decision contravenes uniformity in interpretation of law as established by case law. In practice precedents of the higher courts are becoming an important source of Russian law.

 

 

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