The state cannot exist without rules and norms regulating interaction between its subjects and their relations with the government. In a general sense they are also the answer to a question what is the law. At its absence there would come chaos both within one country, and on the international scene, and its non-performance threatens with punishment.
The law – what is it?
It represents the statutory act approved by the government, serving as the regulator of certain public interactions. This definition of what is the law in law. It is restriction of freedom of action which can do harm to other subjects, society. The law – a government basis, not contradicting the Constitution and legal principles. Has the right to change or repeal it only the body which accepted it, being guided by strictly stipulated regulations. The main properties of the law is:
- documentary fixing;
- obligation;
- state force;
- general availability.
Signs of the law
There are lines which define this type of regulations among others. Thanks to them it is designated what is the law, and the supremacy is given it. Main signs:
- The regulatory authority or referendum adopts the law.
- The order of its preparation with the subsequent edition is defined by the Constitution and the regulations of chambers of Federal Assembly.
- Interests and will have to be expressed by the law, and protection of the rights of the people still has to be carried out.
- It has the highest validity on the basis of what to it there have to correspond all bylaws, without contradicting in anything to it.
- The law governs the main public relations.
For what laws are necessary?
Normative legal acts are necessary for establishment of an order in society. Without them anarchy and crime would reign in it, people would have no sense of security. Lawlessness can lead to the fact that each person will have the right to dispose of someone else's property, life. It is a way to violence, slavery, theft, disorders. The law – the constraining force not allowing to violate the rights of people. It regulates their relationship, establishes a framework.
Types of laws
One of the main criteria of their classification – on validity. According to it, laws of the state happen such types:
- constitutional;
- federal constitutional;
- laws of subjects;
- federal.
Constitutional laws
This type of regulations is political and legal. They are qualified as basic laws which define the constitutional system, freedoms, human rights, the citizen. In them the form of government of the state and its device is designated. Such laws establish public authorities, and they develop basic provisions of the Constitution. Their acceptance and modification is carried out according to the order provided in the article of the Constitution.
This type of laws can be designated so:
- The standard law or several those of which the Constitution of the state is in total formed.
- Declaration on acceptance, declaration, regulations of introduction of the Constitution.
- Basic laws which are adopted for the reason that they are directly provided or follow from the Constitution.
- The regulations concerning a certain circle of questions of the state way.
Federal constitutional laws
They concern the questions provided and connected integrally with the Constitution. For example, it is the main laws on activity of the Constitutional Court, Government of the country, a referendum, the judicial system. Such acts are deemed accepted if they are approved by 75% of voices of total number of members of the Federation Council. Adoption of the federal constitutional law requires at least 2/3 voices from total number of deputies of the State Duma. When it is adopted, its signing by the President and publication has to be carried out within 14 days.
Federal constitutional laws can be adopted on the following questions:
- Regulations of acceptance of a new subject which will be a part of the state.
- Change of the status of the subject of the country.
- Law on the judicial system, its powers and activity.
- Description, use order, establishment of the anthem, coat of arms, country flag.
- Algorithm of activity of the government of the state.
- Regulation of military regime and state of emergency.
Federal laws
They concern different aspects of spiritual, political, social and economic life of society. These are acts of which the existing legal framework, for example, civil, criminal, family codes is formed. They have the highest validity, and are accepted by Federal Assembly or a national referendum. Besides a traditional form, federal laws can be adopted as the basic principles of regulation, principles of the legislation.
The last represent laws which are adopted concerning joint conducting activity of the country and its subjects. Principles of the legislation contain the principles of settlement of certain areas of the public relations, the general regulations which are subject to a specification by means of normative legal acts of the country and its subjects. They are designed to protect the rights of the citizen of the country.
Laws of subjects
They extend to a certain territory of the state. Laws of subjects are issued by their representative bodies. These regulations have the highest validity and concern questions of joint maintaining the country and its subjects. They can regulate also interaction of the state directly with the population of the country which lives in a certain territory. Main types of laws of subjects:
- usual or current laws which are adopted concerning maintaining subjects of the country;
- the constitutions existing in the republics;
- charters of the cities, areas, regions of federal importance.
Who establishes laws?
There is a certain algorithm and structure of this process. Establishment of the law is carried out so:
- At first the bill is drafted. Experts have to be experienced. Involve the practicing lawyers, teachers of the corresponding subject in HIGHER EDUCATION INSTITUTIONS in this process more often.
- The legislation regulates a question of the one who adopts laws. The legislature represented by the State Duma is engaged in it. Deputies are elected by the people therefore also his opinion is considered. The bills which are under consideration are published on the state official sites that citizens could express the point of view.
- When the law is adopted by the State Duma, it is transferred to Council of federations for receiving its approval on the general vote.
- Accepted and approved, it has to be signed by the president then it will be published.
Structure of introduction of the legislation:
- legislature (State Duma);
- executive power acting through the president who signed the law;
- the judicial authority controlling its introduction and execution.
What will be for violation of the law?
It is fraught with punishment. Understanding, what is it the law, will help to avoid problems. Lack of information in this question does not exempt from punishment for failure to follow rules. If the subject made violation, laws provide responsibility for it. There are its such types:
- Criminal. It is provided for commission of crimes. Has the right to bring to trial only court which designates also its measure which consists in imprisonment more often.
- Administrative. This type of responsibility is applied for offenses which disturb the public peace, or those which are made in the field of public administration. Measures of responsibility serve administrative penalties to which corrective works, a penalty, administrative detention for up to 15 days belong.
- Civil. It is applicable for violation of property rights among which harming property, failure to follow contractual obligations. Compensation of the caused losses acts as a measure of responsibility.
- Disciplinary. Resort to it in case of violation of office, military, subject and labor discipline. As a measure of responsibility the exception of educational institution, dismissal, a reprimand, a remark can be chosen.
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