The rule of law - what is it?

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The rule of law - what is it?
The rule of law - what is it?
Anonim

Despite the fact that the legislation of the Russian Federation is well developed, every year many federal laws undergo changes. Amendments are regularly made to the main regulatory legal acts of the country. This suggests that times are changing and the old laws are no longer relevant at the present time. But at the same time, the legislation has the highest legal force and all citizens of the country must unquestioningly comply with regulatory legal acts. The rule of law is the fundamental principle of legality, which determines that nothing is above the law and everyone is equal before it.

The concept of the rule of law. What is this?

In principle, this definition has a specific meaning and cannot have many variations. The rule of law is a doctrine that defines the equality of all people before the law. If a person, regardless of his social status and position in society, has not done anything that is contrary to the laws of the country, he will not receive any punishment. This means that no one has the right to accuse a person of any act without existing reasons. The principle of the rule of law is designed, among other things, to protect citizens, to help them gainconfidence in justice.

the rule of law is
the rule of law is

As already noted, the law is endowed with the highest legal force, and other legal acts should be issued on its basis. If any act is contrary to the law, any citizen of the Russian Federation has the right to apply to the court with such a complaint.

How are laws formed?

The Constitution of the Russian Federation is the fundamental law of the country. This definition is familiar to almost every citizen, and it is true. All laws issued on the territory of the country must comply with the postulates of the Constitution and in no case contradict them. In Russia, the code of laws is the creation of certain codes that regulate relations in various directions. There are a lot of such codes: criminal, civil, family, etc.

rule of law
rule of law

Each codex has sections and articles. This allows, in case of any violation or controversial point, to identify who is right and punish the culprit. For example, the Criminal Code of the Russian Federation. The perpetrator inflicted bodily harm on the victim. If these injuries threaten the life and he alth of a person, the punishment will be one. And if it's a couple of bruises, then the punishment will be completely different.

Rule of Law

One of the most important elements of the rule of law is the rule of law. It means that all normative legal acts are subject to the law. The rule of law and law implies that all rules of law must be publicly available. The law must be stable andpredictable. The judiciary, independent of the executive and legislative branches, should also be accessible.

rule of law
rule of law

The judge makes a decision based solely on the facts presented in the case and the laws. Modern law says that society should be endowed with the ability to correct and create laws within the framework of a democracy. Currently, the rule of law is designed to counteract situations where officials become above the law or are given too broad powers.

The role of the rule of law

First of all, this principle does not apply to all states. It only works in those who have a democratic or liberal legal regime. The principle of the rule of law is very necessary for such states, since it will not allow arbitrariness in the country. In the USSR, the rule of law was proclaimed in a truncated form, the decisions of the CPSU congresses remained more important than the law. In Russia, this principle is fully manifested, since the priority in legal force belongs to the Constitution and federal laws.

rule of law and law
rule of law and law

The rule of law is the main principle of the development and functioning of the rule of law. This concept does not tolerate any exceptions. The law will always be superior to other legal acts, and this is a generally recognized fact. The principle of the rule of law, from the point of view of the interests of the state, is correct, since it is impossible to allow other normative acts to have the highest legal force.

But notall laws are equally supreme. Since the legislation of the country cannot be called homogeneous, the distribution of legal force is rather uneven. If we make a small original rating, then the leader will be the Constitution. The rule of law belongs to this document in full. Next come laws to amend or amend the Constitution. Then codes and ordinary laws.

Signs of the rule of law

The rule of law has many characteristics, including the separation of powers, the rights and obligations of citizens, and the rule of law and law. But the latter concepts cannot be considered as a whole, since there are significant differences between them. Historians argue that the rule of law predates the law.

signs of the rule of law
signs of the rule of law

However, consider the main provisions of the rule of law:

- supreme power of the Constitution;

- a certain algorithm for passing laws;

- compliance of other legal acts with the law;

- the presence of certain bodies designed to monitor compliance with the law.

It is these signs that form the system of the rule of law.

How is the rule of law implemented in practice?

Not everything that is written in legal documents is fully implemented in practice. However, the same cannot be said about the principle of the rule of law. There are two facts that will cast aside all doubts to the contrary.

1. All citizens of the country can and even are obliged when performing any actionsrely on the legal framework of the country, including various codes.

2. All legal acts, government decrees, as well as other regional laws must comply with the basic federal laws of the Russian Federation. Any citizen of the country has the opportunity and the right to sue if he finds that a normative act or other document does not comply with the law.

constitution rule of law
constitution rule of law

As you can see, thanks to these signs, the rule of law is carried out in practice. In any court, the legislative framework is taken as the basis, and only then, in the event of disputes, regional laws. If any acts contradict the fundamental laws, they are declared invalid. In this case, the legislator is obliged to amend the documents in the shortest possible time in accordance with the law of the Russian Federation.

Conclusion

The Russian Federation is a country with a democratic political regime. The principle of the rule of law operates here without limitation or exception. Any person who knows his rights and obligations will not allow illegal actions in his direction.

The rule of law is the basis for any rule of law. Unfortunately, cases when an official exceeds his powers have become more frequent recently. In such a situation, a person can go to court, and the guilty will be punished. Fraud is also on the rise. All citizens of the Russian Federation are advised to familiarize themselves with their rights and obligations in order not to be deceived by criminals.

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