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48-450: Rechtsstaat ( German: [ˈʁɛçt͡sˌʃtaːt] ; lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in German jurisprudence . It can be translated into English as " rule of law ", alternatively "legal state", state of law , "state of justice", or "state based on justice and integrity". It means that everyone is subjected to

96-659: A 1993 referendum the Russian Constitution is considered to be the supreme law of the land. Article 15 of the Constitution reads that it "shall have supreme legal force and have direct effect, and shall be applicable throughout the entire territory of the Russian Federation." Courts are guided by the Constitution and it trumps federal and local laws. Few amendments have been made to the Constitution since its adoption. The most significant of these

144-412: A constitutional semi-presidential model, describe the system as "presidential" and even "super presidential" due to the strong and central position of the president. Constitutional laws cannot become part of the constitution or amend parts of it absent a special legal act on constitutional amendment . They are typically enacted in important areas of constitutional law, such as Article 56 which allows for

192-485: A democratic federative legal state with a republican form of governance." Similarly, the first dispositive provision of Ukraine's Constitution declares: "Ukraine is a sovereign and independent, democratic, social, legal state." The effort to give meaning to the expression "legal state" is anything but theoretical. Valery Zorkin , President of the Constitutional Court of Russia , wrote in 2003: Becoming

240-533: A history of past decisions. Examples of religious doctrines include: Roman Catholic and Orthodox doctrine generally comes from the writings of the Church Fathers , which has been clarified in various Ecumenical councils . Short versions can be found in brief statements of Christian doctrine , in prayer books. Longer versions take the form of catechisms . Protestants generally reject Christian tradition and instead derive their doctrine solely from

288-495: A legal state has long been our ultimate goal, and we have certainly made serious progress in this direction over the past several years. However, no one can say now that we have reached this destination. Such a legal state simply cannot exist without a lawful and just society. Here, as in no other sphere of our life, the state reflects the level of maturity reached by society. The Russian concept of legal state adopted many elements of constitutional economics . Constitutional economics

336-466: A lower court on the grounds that this decision contravenes uniformity in interpretation of law as established by case law. In practice, but not in theory, precedents of the higher courts are becoming an important Russian law. The Russian Supreme Court has no authority to issue general "explanations" of the substantive law and procedural issues, absent a relevant "case or controversy" in front of them. Legal scholars also take part in these discussions, and

384-437: A particular topic should be" (Bernard Crick). Political doctrine is based on a rationally elaborated set of values, which may precede the formation of a political identity per se . It is concerned with philosophical orientations on a meta-theoretical level. A legal doctrine is a body of interrelated rules (usually of common law and built over a long period of time) associated with a legal concept or principle. For example,

432-432: A phrase: republican government and international organization. In more characteristically Kantian terms, it is doctrine of the state based upon the law ( Rechtsstaat ) and of eternal peace. Indeed, in each of these formulations, both terms express the same idea: that of legal constitution or of 'peace through law.' ... Taken simply by itself, Kant's political philosophy, being essentially a legal doctrine, rejects by definition

480-410: Is "[a] policy, position or principle advocated, taught or put into effect concerning the acquisition and exercise of the power to govern or administrate in society." The term political doctrine is sometimes wrongly identified with political ideology. However, doctrine lacks the actional aspect of ideology. It is mainly a theoretical discourse, which "refers to a coherent sum of assertions regarding what

528-549: Is a field of economics and constitutionalism that describes and analyzes the specific interrelationships between constitutional issues and functioning of the economy, including the budget process . The term "constitutional economics" was used by American economist James M. Buchanan as a name for a new academic sub-discipline that in 1986 brought him the Nobel Prize in Economic Sciences for his "development of

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576-430: Is based on the supremacy of a country's written constitution . This supremacy must create guarantees for implementation of his central idea: a permanent peaceful life as a basic condition for the happiness of its people and their prosperity. Kant proposed that this happiness be guaranteed by a moral constitution agreed on by the people and thus, under it, by moral government. Kant's political teaching may be summarized in

624-427: Is not considered a separate source of law or cited by judges, but judges and attorney rely on it for their arguments. All international law and the international treaties of the Russian Federation are part of Russian domestic legal system. Domestic law gives way to international law according to Article 15 of the Constitution. The Constitutional Court has the greatest expertise in applying international law. During

672-495: Is part of the doctrine of frustration which is part of contract law . Doctrines can grow into a branch of law ; restitution is now considered a branch of law separate to contract and tort . The title of Doctor in fact means "one with the authority to establish doctrine in his or her respective field of study"; a doctorate is a terminal academic degree that legally confers said authority within its respective field. For more information, see Doctor (title) . Law of

720-543: Is purely transitional until the Russian parliament can add new laws. It cannot contradict legislative acts of RF. Judges often reason by analogy , using the general principles of the law the codes to interpret provisions broadly. Judges don't rely on natural law , but rather legal positivism combined with general principles of law. They may rely on "the requirements of good faith, reasonableness, and justice since Civil Code and other codes tell specific principles within

768-476: Is the opposite of Obrigkeitsstaat ( German: [ˈoːbʁɪçkaɪ̯t͡sʃtaːt] ) or Nichtrechtsstaat (a state based on the arbitrary use of power), and of Unrechtsstaat (a non- Rechtsstaat with the capacity to become one after a period of historical development). In a Rechtsstaat , the power of the state is limited in order to protect citizens from the arbitrary exercise of authority . The citizens share legally based civil liberties and can use

816-516: The courts . In continental European legal thinking, the Rechtsstaat is contrasted with both the police state and the État légal . German writers usually place the theories of German philosopher Immanuel Kant (1724–1804) at the beginning of their accounts of the movement toward the Rechtsstaat . Kant did not use the word Rechtsstaat , but contrasted an existing state ( Staat ) with an ideal, constitutional state ( Republik ). His approach

864-485: The state as superior in wisdom, to the individuals who are its members." He believes that a constitution , intended for use by at least several generations of citizens, must be able to adjust itself for pragmatic economic decisions and to balance interests of the state and society against those of individuals and their constitutional rights to personal freedom and private happiness. The standards of constitutional economics when used during annual budget planning, as well as

912-546: The 19th century under the reforms of Emperor Alexander II , is based primarily on the German legal tradition. It was from here that Russia borrowed a doctrine of Rechtsstaat , which literally translates as "legal state". The concept of "legal state" ( Правовое государство , pravovoe gosudarstvo ) is a fundamental (but undefined) principle that appears in the very first dispositive provision of Russia's post-Communist constitution : "The Russian Federation – Russia – constitutes

960-413: The 21st century, the concept of the legal state has become not only a legal but also an economic concept, at least for Russia and many other transitional and developing countries. Doctrine Often the word doctrine specifically suggests a body of religious principles as promulgated by a church. Doctrine may also refer to a principle of law, in the common-law traditions, established through

1008-585: The Bible . According to sociologist Mervin Verbit , doctrine may be understood as one of the key components of religiosity . He divides doctrine into four categories: content, frequency (degree to which it may occupy the person's mind), intensity and centrality. Each of these may vary from one religion to the next, within that religious tradition. In this sense, doctrine is similar to Charles Glock 's "belief" dimension of religiosity. The term also applies to

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1056-617: The Chambers of the Federal Assembly" dated 14.06.1994 No. 5-FZ establish that laws that have not been officially published are not applied. Federal laws, federal constitutional laws and acts (usually resolutions) of the chambers of Parliament are subject to publication. International treaties ratified by the Parliament are published together with the laws on ratification. Laws are published within 7 days after being signed by

1104-600: The Constitution of Russia, the President of Russia is head of the state, and of a multi-party system with executive power exercised by the government, headed by the Prime Minister, who is appointed by the President with the parliament's approval. Legislative power is vested in the two houses of the Federal Assembly of the Russian Federation, while the President and the government issue numerous legally binding by-laws. However, even some academics who accept that Russia has

1152-516: The President of the Russian Federation" Government may also issue directives having "normative" character. Agencies may enact regulations through their general competency, but these are limited to the extent of the constitution and relevant codes. If these limits are not strictly defined, then the president may use agencies to get around the legislative process. Consequently, agencies may have their powers limited by statutes. The Civil Code purposely authorizes supplementary rules by "statute" rather than

1200-769: The Russian Federation The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation . Statutes, like the Russian Civil Code and the Russian Criminal Code , are the predominant legal source of Russian laws. Adopted by national referendum on 12 December 1993 with 54.5% of the vote, the Constitution took effect on the day it was published – 25 December of

1248-407: The Russian Federation has jurisdiction to determine the constitutionality of regulations issued by government agencies. The Supreme Court has held that lower courts must evaluate the contents of applicable laws or other normative acts for their conformity to the constitution, and to apply the constitution where they conflict. USSR legislation fills gaps as the new system is being put in place, and

1296-518: The Soviet period, Russian law was considered to be socialist law . Since the fall of the Soviet Union that is no longer the case, and most scholars have classified the Russian legal system as a civil law system . However, there are problems with this new classification (similar to the ones that plagued Russia's classification as a socialist law country). Some legal branches could be considered as

1344-593: The broader term "legislation" which could encompass other secondary law. Russia is a civil law country; and, strictly speaking, decisions rendered by courts are not binding on other courts. However, the lower courts generally follow the principles established by the supreme courts. Moreover, according to Art.308.8 of the Code of Procedure in Commercial Courts, the Supreme Court can set aside a decision of

1392-411: The case in a given code. Codes are interpreted flexibly, and interpretation may be based on enumeration of "general principles" of the codes. General principles are usually articulated at the beginning of the codes in the first chapter to outline the reason for the legislation. Reasoning by analogy is also allowed. The Civil Code of Russia is the "constitution" of the market economy , and is special in

1440-455: The code. Other principles are equity and fairness, general principles of law, etc. The Russian Civil Code explicitly mentions custom as a separate source of law. Traditions may establish rules of decision where there is no dispositive language in statute or other written law. Individual scholars may be influential by drafting legislation or debating proposed legislation. Unlike in some civil-law systems, academic treatises or learned commentary

1488-411: The concept of an established procedure to execute an operation in warfare . The typical example is tactical doctrine in which a standard set of maneuvers, kinds of troops and weapons are employed as a default approach to a kind of attack. Examples of military doctrines include: The Cold War saw the enunciation of several strategic doctrines designed to contain Soviet expansion. Carter Doctrine

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1536-482: The conditions of the sentences. The new Criminal Code replaced the Soviet analogue of 1960. The main changes deal with economic crimes and property crimes. The President has power to issue normative and non-normative decrees , provided they do not contravene the constitution and federal laws. "On the basis and for the sake of implementation of the Constitution of the Russian Federation, federal laws, normative decrees of

1584-474: The constitution in the decisions of the Constitutional Court are also authoritative and binding on the political branches. The ordinary or lower courts may also apply judicial review. Courts of general jurisdiction may decline to apply (1) any law that violates the Constitution and (2) any normative regulations, in particular subordinate regulations that contravene statutes. The Supreme Court of

1632-431: The contractual and constitutional bases for the theory of economic and political decision-making." According to Buchanan, the ethic of constitutionalism is a key for constitutional order and "may be called the idealized Kantian world" where the individual "who is making the ordering, along with substantially all of his fellows, adopts the moral law as a general rule for behaviour". Buchanan rejects "any organic conception of

1680-401: The doctrine of frustration of purpose now has many tests and rules applicable with regards to each other and can be contained within a "bubble" of frustration . In a court session a defendant may refer to the doctrine of justification. It can be seen that a branch of law contains various doctrines, which in turn contain various rules or tests . The test of non-occurrence of crucial event

1728-573: The hierarchy of codes, since it will supplant contradictory text in other codes. New codes and laws supersede old ones, unless a statute expressly preserves the old law. The Criminal Code of Russia (UGKRF, 63-ФЗ) is the penal statute. It lays out conduct impermissible in Russia. The first and most recent UGKRF came into force on 1 January 1997. On 8 January 1997, President Yeltsin signed the Criminal Correctional Code to regulate

1776-447: The latter's transparency to the civil society, are of primary importance to the implementation of the rule of law . Moreover, the availability of an effective court system, to be used by the civil society in situations of unfair government spending and executive impoundment of any previously authorized appropriations, becomes a key element for the success of any influential civil society. Some Russian researchers support an idea that, in

1824-508: The law are published, and cited by many courts. In contrast, only selected judicial opinions are published. It is not clear which explanations are binding to lower courts, as there is a tension between the Constitution and federal law versus guiding explanatory principles. Still, lower courts that ignore relevant explanations will probably get reversed. Judicial Review allows courts to declare unconstitutional laws void. Constitutional Courts are therefore negative legislators. The interpretations of

1872-522: The law, especially governments. A Rechtsstaat is a constitutional state in which the exercise of governmental power is constrained by the law . It is closely related to " constitutionalism " which is often tied to the Anglo-American concept of the rule of law , but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics , rationality , law , natural law , religion , or equity ). Thus it

1920-614: The mix of civil law and common law. For, example civil procedural law is considered by Dmitry Maleshin as a mix of civil law and common law. The Constitution of Russia instructs the president either to reject the laws passed by parliament, or to sign and publish them. The Constitution of Russia and the Federal Law "On the Procedure for the Publication and Entry into Force of Federal Constitutional Laws, Federal Laws, Acts of

1968-484: The opinions of the judges and commentators are published and used as persuasive authority. This process is somewhat analogous to the discussion that scholars take in American Law Reports or in law reviews . The judges and scholars may codify what is practice, or more importantly address new issues of law to the lower courts and instruct them how to interpret these issues. The texts of the explanations of

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2016-529: The opposition between moral education and the play of passions as alternate foundations for social life. The state is defined as the union of men under law. The state rightly so called is constituted by laws which are necessary a priori because they flow from the very concept of law. A regime can be judged by no other criteria nor be assigned any other functions, than those proper to the lawful order as such." The actual expression Rechtsstaat appears to have been introduced by Carl Theodor Welcker in 1813, but it

2064-408: The passage of the constitutional laws necessitated by a state of emergency Statutes are the predominant legal source of Russian law, and may only be enacted through the legislative process. Codes are the basis for law on a matter, and they are usually supplemented with legislation to develop certain provisions. There are gaps in some of the codes, but even so the judges will find a basis for deciding

2112-536: The previous Truman Doctrine and Eisenhower Doctrine and to some extent it rejected the Nixon Doctrine . See also Reagan Doctrine . In modern peacekeeping operations , which involve both civilian and military operations, more comprehensive (not just military) doctrines are now emerging such as the 2008 United Nations peacekeeping operations' "Capstone Doctrine" which speaks to integrated civilian and military operations. By definition, political doctrine

2160-432: The same year. It set out the fundamentals of government as well as proclaiming the rule of law, the ideological neutrality of the state, political pluralism, competitive elections and a separation of power, guaranteeing fundamental human rights to the Russian people. The Constitution establishes a semi-presidential system that encompasses strong executive power and increased independence for the president. Since its adoption in

2208-618: Was announced in 1980 by American President Jimmy Carter after the Soviet invasion and occupation of Afghanistan. It declared that any Soviet aggression towards the Persian Gulf would be considered a danger to the essential interests of the United States. This led to the creation of significant American military installations in the area and the formation of the Rapid Deployment Force . The proclamation reinforced

2256-540: Was made in 2008. It concerned the term of office to be held by the President of the Russian Federation, which was increased from four to six years. After the dissolution of the Soviet Union, the Russian Federation came into being as an independent state in 1991 and it is described as a "democratic, federal, rule-based republic" in its constitution which is adopted in 1993, includes many universal principles such as human rights and freedoms, free elections, political and ideological pluralism and judicial independence. According to

2304-565: Was popularised by Robert von Mohl 's book Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates ("German Policy Science according to the Principles of the Constitutional State"; 1832–33). Von Mohl contrasted government through policy with government, in a Kantian spirit, under general rules. The most important principles of the Rechtsstaat are: The Russian legal system , borne out of transformations in

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