Пахольчик Е.Д. Возникновение и развитие принципов и институтов торгового (коммерческого) права в России XI–XVIII вв.

Аннотация: This article covers issues related to legal system of constituent entity of the Russian Federation and correlation between legal systems of constituent entities of the Russian Federation and the legal system of entire Russia. Constitution of the Russian Federation does not use the term “legal system of constituent entity of the Russian Federation.” It only refers to the existence of legal system of the Russian Federation as a whole. It is an established fact that with regard to description of legal provisions adopted in constituent entities of the Russian Federation, it would be more accurate to use such term as “system of legal provisions established in regulatory legal acts and other forms (sources) of law of constituent entities of the Russian Federation.” This allows to avoid using theoretically dubious terms such as “regional legal system” or “legal system of constituent entity of the Russian Federation.” There are specific examples of incorrect usage of legal terms, for instance, in the Charter of Irkutsk region there is reference to the fact that Irkutsk region has “regulatory system of Irkutsk region.” However, the author thinks that it actually refers to the “system of regulatory provisions of Irkutsk region,” or “the system of legislation of Irkutsk region.” Furthermore, concerning a number of states it is only possible to mention the permissibility of using the term “legal system of constituent entity of the Federation.” For instance, some states in the United States of America not only have their own legislation concerning a number of branches of law, but also have distinct features pertaining to legal processes and institutions, as well as specifics of legal practice. Without any doubt, there are “regional legal systems” existing in unitarian states. For example, it is an established fact, that there is such thing as the legal system of Faroe Islands, which are self-governed territory as part of Denmark. As a result, the author makes a conclusion concerning the importance of streamlining the system of legal provisions within the context of maintaining the wholeness of legal environment within the territory of the Russian Federation. It is essential that constituent entities of the Federation don not contain any original sources of law that are not found on the federal level. Certainly, a number of entities of the Russian Federation have specific terms to denote particular regulatory provisions.

Abstract: This article covers issues related to legal system of constituent entity of the Russian Federation and correlation between legal systems of constituent entities of the Russian Federation and the legal system of entire Russia. Constitution of the Russian Federation does not use the term “legal system of constituent entity of the Russian Federation.” It only refers to the existence of legal system of the Russian Federation as a whole. It is an established fact that with regard to description of legal provisions adopted in constituent entities of the Russian Federation, it would be more accurate to use such term as “system of legal provisions established in regulatory legal acts and other forms (sources) of law of constituent entities of the Russian Federation.” This allows to avoid using theoretically dubious terms such as “regional legal system” or “legal system of constituent entity of the Russian Federation.” There are specific examples of incorrect usage of legal terms, for instance, in the Charter of Irkutsk region there is reference to the fact that Irkutsk region has “regulatory system of Irkutsk region.” However, the author thinks that it actually refers to the “system of regulatory provisions of Irkutsk region,” or “the system of legislation of Irkutsk region.” Furthermore, concerning a number of states it is only possible to mention the permissibility of using the term “legal system of constituent entity of the Federation.” For instance, some states in the United States of America not only have their own legislation concerning a number of branches of law, but also have distinct features pertaining to legal processes and institutions, as well as specifics of legal practice. Without any doubt, there are “regional legal systems” existing in unitarian states. For example, it is an established fact, that there is such thing as the legal system of Faroe Islands, which are self-governed territory as part of Denmark. As a result, the author makes a conclusion concerning the importance of streamlining the system of legal provisions within the context of maintaining the wholeness of legal environment within the territory of the Russian Federation. It is essential that constituent entities of the Federation don not contain any original sources of law that are not found on the federal level. Certainly, a number of entities of the Russian Federation have specific terms to denote particular regulatory provisions.