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Problems of Legal Regulation of Legislative Systems

Student: Zvorykina Ekaterina

Supervisor: Elena A. Lukyanova

Faculty: Faculty of Law

Educational Programme: Public Law (Master)

Year of Graduation: 2019

Every day a significant array of laws and regulations is passed. They are part of the legislative system of the Russian Federation, which is experiencing another round of its development. However, its comprehensive legal regulation is currently lacking, as a result of which the system loses its inherent properties: it is not holistic, integrative and stable. Therefore, the legislative system of the Russian Federation is ineffective, and is a system of forms of law, in which law is often absent as content. This requires a decision by adopting a «law on laws». To achieve the goal of creating the concept of such a law, the subject of the master’s study was the legal norms governing the construction of legislative systems in the Russian Federation and foreign countries, the practice and legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, statistical and analytical data, and legal doctrine. The study is based on a systems approach, during which it applied general philosophical methods, as well as special ones: the formal legal method, the comparative legal method and the interpretation of legal norms. Doctrinal approaches to the concept of legislation, the legislative system, its characteristics, structure and main problems were studied. Requirements have been made for the effectiveness of this system. The law-making practice of regulating the legislative systems of the CIS countries, as well as the practice of such regulation in the subjects of the Russian Federation, was analyzed. In addition, through the prism of performance criteria, the drafts «Law on Laws» of 1996 and 2014 was reviewed and compared. As a result of the study, the concept of a «law on laws» was proposed, the object, subject and content of which are aimed at creating an effective legislative system in Russia, in which mechanisms are in place to ensure the realization of the right, in particular human and citizen rights and freedoms.

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