Hierarchy of sources and generally recognized principles and norms of international law in the Russian legal system

Abstract

Taking into account and on the basis of a doctrinal analysis of the provisions of the Russian Constitution, the article examines the problem of the correlation or supremacy of legal norms, international or domestic, in the Russian legal system. It is proved that the Constitution has primacy over all sources of law in Russia. Only the ratified international treaties of the Russian Federation have supremacy over the norms of federal legislation (i. e. they have the quality of "supra-legality", but not "supra-constitutionality"). At the same time, the generally recognized principles and norms of international law, which have the force of international custom for Russia, do not have this quality of "supra-legality", since the status of such international customs is ignored in the Constitution of the Russian Federation. Due to the formal and logical interpretation of the Constitution of the Russian Federation, the norms of Russian laws prevail over international customs. The hierarchy of general principles of law in the Russian legal system is determined by their origin: they are either contained in conventional or customary norms of international law, or are fixed in the legal system of Russia in the form of legal or subordinate acts. Decisions of international organizations that are binding on Russia by virtue of ratified international treaties of the Russian Federation have "supervisory" force in the Russian Federation to the extent that they do not contradict the foundations of the constitutional system of Russia.

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