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MINISTRY OF EDUCATION AND SCIENCE OF THE KYRGYZ REPUBLIC
KYRGYZ-RUSSIAN SLAVIC UNIVERSITY
THEME: «WHAT IS LAW?»
Done by: Tairova Parizat, FS-2-16
Checked by: Volkotrubova A.V., Ph.D
The law - normative act adopted in a special manner the supreme representative body of the legislature or the direct will of the people through a referendum and regulating the most important and stable social relations. The laws are the basis of the legal system of the State, its central part. The law - the highest form of public expression of the popular will, the direct embodiment of its sovereignty. It establishes the starting beginning of legal regulation, gives it unity. The rules contained in the acts of other bodies, based on the norms of law, develop and concretize its provisions are derived from them. Higher legal force of law means that no other body can not cancel or modify the law in addition to the highest legislative body. The new law necessitates the need to repeal or amend all the other acts that are contrary to its content. Higher legal force of law also means that the acts of other state bodies are derived and can not contradict it. The law is always standard, that is, contains a rule of law, for it is characterized by a special order of acceptance, a special legislative procedure, divided into a number of stages: the preparation of the bill, a legislative initiative, the bill discussion, enactment and promulgation.
Signs of the law include the following: - it shall be made only by the legislature or a referendum; - the procedure for the preparation and publication of the Russian Federation is determined by the Constitution and the regulations of the Federal Assembly of the Russian Federation; - Ideally, he should express the will and interests of the people; - it has the supreme legal force and all laws must conform to it, and nothing to contradict; - it regulates the most important, key public relations. It is these features of the law and release system and other regulations give it the rule of quality. Amend or repeal the law is entitled to only the body that it adopted, and in strictly defined order.
Kinds of laws on the legal force:
1) The Constitution (the law of laws) - the fundamental constituent of political and legal act enshrines the constitutional order, the rights and freedoms of man and citizen, which determines the form of government and state structure, establishing the federal authorities; 2) federal constitutional laws - adopted on the issues envisaged and organically bound to the Constitution (for example, the Federal Constitutional Law on the Constitutional Court of the Russian Federation, on the judicial system, on the referendum on the Government of the Russian Federation, etc.); 3) federal laws - acts of the current legislation on different aspects of socio-economic, political and spiritual life of society (for example, the Civil Code, the Criminal Code, Family Code, etc.). 4) The laws of the federation - issued their representative bodies, and apply only to the appropriate area (for example, the law of the Saratov region on the municipal service of the Saratov region, about social guarantees, etc.).
Classification of law can be carried out for various reasons: - the subjects of legislation (adopted by the people in a referendum or by the legislature); - subject of legal regulation (constitutional, administrative, civil, criminal, etc.); - Duration (permanent laws and temporary); - character (current and extraordinary); - the scope of the (general federal and regional); - content (economic, fiscal, social, political, etc.) it; - degree systematizing (the usual codification and, in other words, organic - CC RF, RF MC etc.); - significance contained in these norms (constitutional and ordinary); - volume control (general and specific).
Considering the law as a normative legal act - a source of law, it is necessary to distinguish it from other legal acts: First, from individual acts, ie acts containing specific prescriptions for specific, "one-off" issues such as appointment, assignment to transfer the property (such individual prescriptions are sometimes found in the laws dealing with, say, privatization, governance issues); Secondly, by interprets acts, acts of interpretation, ie acts in which an explanation is given only to the existing rules, but the new rules are established (such acts in the majority of cases have other names, such as "Resolution", "explanation"). The laws in a democratic state should take the first place among the sources of law, be the basis of the entire legal system, rule of law, good law and order.
"Legislation - a whole set of laws in force in the country."
Laws divided into:
Constitution, constitutional (organic)
Among the constitutional laws are above all laws, amending and additions to the Constitution and laws, the need for publication of which is provided directly by the constitution. For constitutional laws set more complex as compared to the ordinary laws of procedure of the passage and adoption in the Council of State. On the adoption of constitutional laws can not be imposed by the President's veto.
Ordinary laws - it acts of the current legislation on various aspects of economic, political, social, and spiritual life of society. They, like all laws, have the highest legal force, but they must comply with the Constitution, constitutional laws. Ordinary laws, in turn, are divided on the codification and current
Constitution as the fundamental law of the state
The concept of "constitution" in Latin means the establishment, institution, unit. In ancient Rome, the so-called individual acts of imperial power. The advent of the Constitution as the fundamental law of the state is connected with the coming to power of the bourgeoisie, the emergence of the bourgeois state. The first constitutional acts of the type have been adopted in England. However, the historical features of its development led to the fact that it lacks a constitution in the normal sense of the word. In other words, there is no single act regulating how the most important aspects of the internal organization of the state, social order and the rights and freedoms of citizens. Modern Britain - a country with an unwritten constitution that make numerous acts adopted during the thirteenth and twentieth centuries. All of them are not related to each other a certain system and do not constitute a single act. First written constitution (m. E. Representing a single basic law with internal structure) may be mentioned US constitution adopted in 1787 G. & acting on this day. In Europe, the first written constitution was the Constitution of France and Poland in 1791
1. The primary law of the state and society Constitution, unlike other legislation, has a constitutive, fundamental. It regulates a broad scope of public relations, the most important ones, which affect the fundamental interests of all members of society, all citizens. The Constitution establishes the foundations of socio-economic structure of the state, its national-territorial structure, fundamental rights, freedoms and duties of man and citizen, organization and system of government and adminstration, establishes the rule of law and legality. Therefore, the constitutional norms - fundamental for the activitiies of state bodies, political parties, public organizations, officials and citizens. Provisions of the Constitution is prior to all other rules of law. 2. The Constitution, as already noted, is the main source of law that contains the source the beginning of the whole legal system. It represents the basis for the current legislation, defines its character. Current legislation develops the provisions of the Constitution. In some cases, the Constitution provides guidance on the need for the adoption of a law (such as Article 70 of the Russian Constitution provides that the status of our nation's capital is set by federal law). As the legal basis of legislation Constitution Center are all legal space. It promotes coordination of all legal development and systematization of law. 3. The Constitution shall have supreme legal force. Supremacy of the Constitution as the Fundamental Law is manifested in the fact that all laws and other acts of state bodies shall be promulgated on the basis and in accordance with it. Strict and precise observance of the Constitution - is the highest standard of behavior for all citizens, of all public associations, all state bodies. 4. The Constitution as the basic law is characterized by stability. This is determined by the fact that it establishes the foundations of the social and political system. The stability of the Constitution as the Basic Law provides a special procedure for its adoption and change.
Laws - regulations adopted by the supreme representative bodies of the government of the country on a strictly defined procedure, having supreme legal force and contain primary rules for the regulation of various groups of public relations. In recent years the Russian Federation developed an intense activity for the preparation and adoption of new laws. Since the beginning of the 90s. and it has so far been published about a thousand laws. Such important laws have been passed directly reflect the economic reform and democratization of all spheres of life in Russia, as the Civil Code, the Family Code, the Tax Code, the laws on the referendum, elections and others. The role of law in the Russian state is immeasurably increased. He is increasingly becoming the main and decisive document that defines the main directions of regulation of social relations, their safety and protection; steadily increasing proportion of laws in the common system of regulations.