сообщение на тему Law of Russia

Report on “Low of Russia”

Part I: The Russian Legal System

1. What tradition of law does Russia use?

Russia is a prominent representative of the Romano-Germanic (Civil Law) legal tradition. This system, prevalent in continental Europe, is characterized by its reliance on comprehensive, written legal codes that systematically cover entire areas of law. In Civil Law systems, the primary source of law is enacted legislation, or lex scripta, rather than judicial decisions. The law is seen as a set of abstract rules created by the legislature, and the judge's role is to apply these rules to specific cases, not to create law. Russia's adoption of this tradition dates back to the reforms of Peter the Great and Catherine the Great, who looked to European models. Despite the socialist period in the 20th century, which introduced its own distinct features, the post-Soviet Russian Federation reaffirmed its Civil Law roots, modernizing its civil, criminal, and procedural codes based on European examples.

2. What is the supreme law of the land in Russia? Federal Constitution / Constitutions of the subjects of the Russian Federation.

The supreme law of the land in the Russian Federation is the Constitution of the Russian Federation, adopted in 1993. It holds the highest legal force, and all other laws and legal acts must not contradict it. The Constitution establishes the foundation of the constitutional system, the structure of the state, and the rights and freedoms of man and citizen. While the republics within Russia have the right to adopt their own constitutions, and other regions can adopt charters, these documents must fully align with the federal Constitution. In case of any discrepancy between a regional constitution/charter and the federal Constitution, the provisions of the federal Constitution prevail, ensuring legal unity across the entire federation.

3. What are the other sources of the Russian law?

Besides the Constitution, the system of sources of Russian law includes federal constitutional laws and federal laws, which regulate the most important social relations. The next level consists of subordinate acts: decrees and directives of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, as well as acts of federal ministries and agencies. Internationally recognized principles and norms of international law and international treaties of the Russian Federation are also an integral part of its legal system. If an international treaty establishes rules other than those stipulated by Russian law, the rules of the international treaty shall apply.

4. What is the role of the judicial precedent?

Within the strict Civil Law tradition, judicial precedent (pretsedent) is not considered a formal source of law. Courts are not formally bound by the decisions of higher courts in similar cases. However, in modern Russian legal practice, the role of judicial interpretation, especially from the highest courts, has significantly increased. The explanations provided by the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation are de facto highly authoritative and are meticulously followed by lower courts to ensure uniform application of the law. Thus, while not a formal source like a code, precedent plays a crucial de facto persuasive role.

5. What are the areas of the Russian law?

Russian law is divided into several major branches, similar to other Civil Law countries. The core areas include Constitutional Law (governing the state system and fundamental rights); Civil Law (regulating property, contracts, and obligations); Administrative Law (concerning state administration and relations between citizens and officials); Criminal Law (defining crimes and punishments); Labor Law (governing employment relationships); and Family Law (regulating marriage, divorce, and child custody). Procedural laws, such as Civil Procedural Law and Criminal Procedural Law, define the rules for conducting trials and legal proceedings.

Part II: Article 43 of the Constitution of the Russian Federation

Text of the Article in English:

1. Everyone shall have the right to education.

2. The accessibility and freeness of pre-school, general basic and secondary vocational education in state or municipal educational institutions and at enterprises shall be guaranteed.

3. Everyone shall have the right to receive on a competitive basis free higher education in a state or municipal educational institution and at an enterprise.

4. Basic general education shall be compulsory. Parents or guardians shall ensure that their children receive a basic general education.

5. The Russian Federation shall establish federal state educational standards and support various forms of education and self-education.

Discussion and Characteristics:

Article 43 of the Russian Constitution enshrines one of the most important socio-economic rights – the right to education. It is characterized by its comprehensive and multi-level approach. The Article not only proclaims the right but also outlines the state's obligations to guarantee its realization. Key characteristics include its universality (it applies to "everyone"), its focus on accessibility and freeness for the core levels of education, and the establishment of compulsory basic general education (9 years of school) as a duty for both the state and parents. Furthermore, it balances the guarantee of free education with the principle of competition for higher education, acknowledging the need for merit-based selection in universities.

Real-Life Examples of Application:

1. Free Secondary Education: A primary example is the standard Russian school system. Every child, regardless of the family's financial status, is entitled to free education for 11 years (from primary to full secondary education) in a municipal school. The state funds these schools, and parents do not pay tuition, directly implementing paragraph 2 of the Article.

2. Unified State Exam (EGE) and University Admission: The right to free higher education on a competitive basis (paragraph 3) is realized through the Unified State Exam. School graduates take this standardized test, and their scores are used to apply to state universities. Those with the highest scores who pass the competitive selection are admitted to state-funded spots where the government covers their tuition costs.

3. Enforcement of Compulsory Education: Paragraph 4 is applied through the work of commissions on juvenile affairs and the protection of their rights. If a child systematically misses school without a valid reason (truancy), the school administration and these commissions can intervene. They work with the parents, imposing administrative fines to enforce their responsibility to ensure their child receives the mandatory 9 years of education.

Kamila Sharipova YUPR-22