RETRACTED The faсtors сontributing to the hierarсhy of russian legal norms

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


2015, Vol. 1. №1(1)

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


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.


1. Samoshchenko, I.S. Hierarchy and the main divisions of the normative acts of the socialist state. Uch. zap. VNIISZ — Research Notes of All-Union Research Institute of Soviet Legislation. Vol. 15. Moscow, 1968. Pp. 3-17. (in Russian).

2. Levchenko, V.M. Subordinatsiia v strukture prava (funktsional'nye aspekty): monografiia [Subordination in the Structure of the Law (Functional Aspects): a monograph]. Ryazan, 1990. 176 p. (in Russian).

3. Mal'ko, A.V., Gaivoronskaia, Ia.V. Theory of legal acts of the need for and the ways of creating the. Gosudarstvo i pravo — State and Law. 2012. № 2. Pp. 15-24. (in Russian).

4. Luchin, V.O., Mazurov, A.V. Ukazy Prezidenta RF: osnovnye sotsial'nye i pravovye kharakteristiki [Decrees of the President of the Russian Federation: main social and legal characteristics]. Moscow, 2000. 303 p. (in Russian).

5. Federal Constitutional Law of December 17, 1997 No. 2-FKZ: with amendments, of 28 December 2010 "On the Government of the Russian Federation". Sobranie zakonodatel'stva Rossijskoj Federacii — Collected Legislation of the Russian Federation. 2011. № 1. Art. 1. (in Russian).

6. Lapina, M.A. Legislative function of the executive power: proposals on improvement of the Russian justice. Rossiiskaia iustitsiia. 2013. № 1. Pp. 4-7. (in Russian).

7. Tolstik, V.A. Ierarkhiia istochnikov rossiiskogo prava: monografiia [Hierarchy of the Sources of Russian Law: a monograph]. Nizhniy Novgorod, 2002. 215 p. (in Russian).

8. Starodubtseva, I.A. Federal сonstitutional principles of conflicts of law. Zhurnal rossiiskogo prava — Journal of Russian Law. 2012. № 6. Pp. 59-66. (in Russian).

9. Byrdin, E.N., Voronina, Iu.I. To the question concerning corruptogenic factors identified in the anti-corruption expertise of normative legal acts. Iuridicheskaia nauka i pravookhranitel'naia praktika — Legal Science and Law Enforcement Practice. 2013. № 1 (23). Pp. 20-27. (in Russian).