The Ratio of Legal Systems in the Theory and Practice of the Regulation of Social Relations in Modern Russia. Part 3

Abstract

In the regulation of domestic and cross-border public relations in the Russian Federation, international law can not only participate, but also have an advantage and in some sense supremacy over national law. But we are not talking about the hierarchical subordination of rules of law in a single legal framework in the form in which it exists in national law (the national legal system), but of the priority (supremacy) of rules of one (international) legal system over the rules of national legal system. The very establishment of such a priority (and in this sense of the supremacy) is possible only if these legal systems are regarded as independent legal phenomena. Together with the rules of Russian law, they constitute not the legal system of Russia, the only normative component of which is the law of our government, but the sum of a different order - a set of offi cially recognized and active in our country legal rules, the content of which is directly dependent on the will of our state. A third set of rules may also be distinguished - the whole of implemented in our state rules of law - which includes all the legal rules that can act as a regulator of social relations in Russia, including the relevant norms of foreign law.