Ордина О.Н. Основные положения, касающиеся решения проблемы системы кодификации административного законодательства России

Аннотация: Federal laws adopted by the State Duma are submitted for examination by the Federation Council. Law is a system of rules established by the state. The main aim of law is to consolidate and safeguard the social and state system and its economic foundation. The system of law in our country consists of different branches of law. Laws of Russia confide to Constitution of Russia, federal constitutional law, federal law and law of subject of Russian Federation. The Constitution sets basic from of government: tree separate branches, each one having powers (“check and balances”) over the others. The Constitution has been repeatedly amended to meet the changing needs of the nation, bat it is still the “supreme law of the land.” All governments and governmental groups, federal, state, and local, must operate within its ruidelines. The federal and state governments formed under the Constitution. Lawmaking cannot come to an end at a certain stage by virtue of development of social, economic and political relationships that require legal regulation. Dynamism of the sources of the Russian administrative legislation, its changing and improving, passing of new acts, making amendments to those and reversal of obsolete law make it necessary to organize the entire set of the existing administrative regulation into a definite scientifically grounded system. That is during recent years the systematization by which the activity of the relevant governmental authorities in terms of regulation of the legislation is usually is of great importance in Russia in the context of forming of the new system of the sources of the Russian administrative legislation. Codification is the main form of systematization aimed at creation of consolidated or integrating acts regulating social relations in a new way and replacing the previous legislation or creating absolutely unknown acts missing in the legal system. From the moment of adoption of the Russian Constitution in 1993 there appeared the necessity to revise the entire existing administrative law matters with a view to clear out a large quantity of actually dormant but formally still not void administrative acts and to create the new ones consolidating the separated existing regulations. Administrative legislation is uncodified to utmost extent. Currently there exist a large number of non-interrelated rules of the administrative laws that are contained in different sources adopted by the authorities of different levels. Interaction and coordination on these rules are not regulated, often resulting in contradicting and duplicating. For the purpose of implementation of the principle of democratism it would be expedient to separate the whole group of the rules regulating the administrative legal status of citizens as an independent section and to issue a unified codified act covering these matters.

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Abstract: Federal laws adopted by the State Duma are submitted for examination by the Federation Council. Law is a system of rules established by the state. The main aim of law is to consolidate and safeguard the social and state system and its economic foundation. The system of law in our country consists of different branches of law. Laws of Russia confide to Constitution of Russia, federal constitutional law, federal law and law of subject of Russian Federation. The Constitution sets basic from of government: tree separate branches, each one having powers (“check and balances”) over the others. The Constitution has been repeatedly amended to meet the changing needs of the nation, bat it is still the “supreme law of the land.” All governments and governmental groups, federal, state, and local, must operate within its ruidelines. The federal and state governments formed under the Constitution. Lawmaking cannot come to an end at a certain stage by virtue of development of social, economic and political relationships that require legal regulation. Dynamism of the sources of the Russian administrative legislation, its changing and improving, passing of new acts, making amendments to those and reversal of obsolete law make it necessary to organize the entire set of the existing administrative regulation into a definite scientifically grounded system. That is during recent years the systematization by which the activity of the relevant governmental authorities in terms of regulation of the legislation is usually is of great importance in Russia in the context of forming of the new system of the sources of the Russian administrative legislation. Codification is the main form of systematization aimed at creation of consolidated or integrating acts regulating social relations in a new way and replacing the previous legislation or creating absolutely unknown acts missing in the legal system. From the moment of adoption of the Russian Constitution in 1993 there appeared the necessity to revise the entire existing administrative law matters with a view to clear out a large quantity of actually dormant but formally still not void administrative acts and to create the new ones consolidating the separated existing regulations. Administrative legislation is uncodified to utmost extent. Currently there exist a large number of non-interrelated rules of the administrative laws that are contained in different sources adopted by the authorities of different levels. Interaction and coordination on these rules are not regulated, often resulting in contradicting and duplicating. For the purpose of implementation of the principle of democratism it would be expedient to separate the whole group of the rules regulating the administrative legal status of citizens as an independent section and to issue a unified codified act covering these matters.

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