RETRACTED The faсtors сontributing to the hierarсhy of russian legal norms

Tyumen State University Herald. Social, Economic, and Law Research

Release:

2015, Vol. 1. №1(1)

Title:

RETRACTED The faсtors сontributing to the hierarсhy of russian legal norms

About the author:

Evgeniy N. Byrdin,

Cand. Sci. (Law), Аssociate Professor, Department of the Theory of State and Law and International Law, Institute of State and Law, Tyumen State University

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Abstract:

The current legislation of the Russian Federation is a subject to constant amendments and addenda. That cannot but lead to inconsistencies between certain rules of law. Eliminating such collisions in law is determined by several factors, which influence the building of Russian rules of law hierarchy. The hierarchical system of legal norms is determined by different factors, which include: the hierarchy of public authorities, the time of a legal act adoption, the importance of public relations regulated, codified nature of the act, etc. Having analyzed the above-mentioned factors, the author comes to the conclusion that only the cumulative effect determines the place of a rule of law in the hierarchical system of the Russian legislation. The construction of such a hierarchy cannot be based on any one of the factors alone. The factors analyzed in the article constitute only a theoretical justification for the establishment of a hierarchical system of legal norms and may not act as a regulative framework for the recognition of the priority between the rules of different levels. For the practical realization of the model described, the system described should be introduced into the legislation itself.

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References:

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