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Scientific novelty of work.

the present work is one of the first complex, monographic works devoted to theoretical research of the unanimity of legislative system on the basis of the analysis modern konstitutsionno-state institu tov of the Russian Federation.
In frameworks avtorskoju visions of legislative system, its device, the legislation the understanding by the author of unity of legislative system as legal principle and public practice is formulated, ways of maintenance of the named unity in OWLS (W.CHHbJX 1 reveal! OL; 11 iko-legal conditions. In work basic distinction between the understanding of legality developed during Soviet time, and understanding of legality with reference to the present requirements of the Russian Federation is spent. In particular, the special accent is made on value of a mode of the constitutional legality. Simultaneously modern concept of legality is historically deduced from sights, representations about legality of the previous periods of the state history of Russia. The positions which are taken out on that to a board. On protection following positions and conclusions which contain novelty aspects are taken out and directed on maintenance of unity of legislative system of the Russian Federation. 1. The legislative system is the external form of the legal system. The legislation as the generalised designation of element structure of legislative system is understood in narrow and wide senses. The treatment of the legislation in narrow sense as systems only laws is declared as the ideal purpose of development legal, including legislative, systems. The legislation in a broad sense is understood as the system including such are, subordinate legislation standard legal acts, law-making treaties, judicial certificates with the standard maintenance. 2. ' the Legislative system has the difficult device including branch (including complex), the federal, hierarchical structures showing different aspects of action of the legislation. The branch structure in bolshej a Mercedes shows a subject orientation of legal regulation. Through it the legislation incorporates difficult character of adjustable relations. The federal structure opens a difficult subject underlying cause pravotvorcheskoju process and the legislation. The hierarchical structure is directed on streamlining of that complexity that bring in legislative system a subject pravovoju regulations and an originality the certificate ivnosgi subjects the right! vorchestva, that is hierarchical structure appreciably •>> espech and Baei edinsto о1раслевой (including complex) and felsragivnoj sgruktur legislations. 3. In legal regulation on directions MOIYJ different by it to be used different interpretations of the term "legislation". However in each case the given term should have the strict legal maintenance. Important at federal level standard to fix obshchepravovye definitions of the legislation, legislation system (legislative system), structure of system of the legislation, the legislation of subjects of federation, normative acts of municipal unions, and also the requirement to registration of certificates entering into the legislation and key rules of their acceptance, change, action. 4. Unity legislative siaemy - intrinsic display of the constitutional unanimity of system of the government (a part of 3 articles 5 of the Constitution of the Russian Federation).
The unity of the government should not be understood as its unification and realisation in the unique imperious centre. The unity is combined with principles of realisation of the government on the basis of its division on legislative, executive, judicial (article 10 of the Constitution of the Russian Federation), differentiations of terms of reference and powers (including pravotvorcheskih) between public authorities of the Russian Federation, subjects of the Russian Federation, local governments that follows from is frequent 3 articles 5, parts of 3 articles 11, articles 12, 130, I 32 of the Constitution of the Russian Federation. Such understanding of unity of the government is reflected by legislative system, will be transformed in it to its own initial principle - unity of legislative system. 5. The unity of legislative system consists: in uniform basic bases of all kinds pravotvorcheskogo process; In the uniform, hierarchically constructed system of legal acts; in independence of subjects pravotvorcheskoj activity within the limits of the constitutional model pravotvorcheskih powers of all levels I \KMI: In duties of subjects of law-making to spend work, to the first, on coordination of law-making and differentiation among themselves pravotvorcheskih powers, secondly, on operative reduction of the certificates in conformity with certificates bolshej a validity, thirdly, on liquidation of blanks of legal regulation, fourthly, on planning, law-making forecasting: In participation of subjects of the Russian Federation in federal legislative process, and local governments in *аконо1ате.чьной process on \rovne subekgov the Russian Federation; in existence of special means of constant monitoring of the legislation, revealing in it of contradictions of different certificates, legal the permission or elimination of the named contradictions (on this direction iichegkchvovany, in particular, judicial authorities, vessels and Offices of Public Prosecutor »»!); In allocation in the legislation of the special auxiliary block directed directly not on regulation of public relations, and on maintenance of stability of the legislation, its operative updating (the legislation on a recognition of legal acts become invalid, invalid, about stay of action of legal acts, about modification and additions in operating certificates); Available in legislative system of set of conflict rules (law of conflict). 6. Zakonoda t ate et in subjects of the Russian Federation forms own system. The constitution of the Russian Federation (a part of 4 articles 76) speaks about own legal regulation of subjects of the Russian Federation. As it is represented, own legal reaction is impossible without own legislation. 7. Practical measures of maintenance of unity of legislative system of the Russian Federation it is necessary to consider: Actions on improvement of quality of standard legal acts; use of experiments by preparation of acts; accurate legislative planning and forecasting: the account corrected the legislative technics all the subject am and law-makings; Increase of level of legal literacy of the population; strengthening of the control over conformity accepted, and also before the accepted standard legal acts of subjects of the Russian Federation to the federal legislation, and standard legal acts of municipal unions - to the federal legislation and законодаiельству subjects of the Russian Federation; perfection of institute of federal intervention, work of plenipotentiaries of the President of the Russian Federation in federal districts. 8. Formation of legislative system of the country at once at two levels of the power (federal, regional) demands accurate razfanichenija pravotvorcheskih powers of federal public authorities and public authorities subektov federation. Given works it should be planned in territorial (federal districts, subjects of federation, interdepartmental interaction, other), departmental cuts to be a constant. 9. In the Constitution of the Russian Federation it is necessary to fix the norms establishing responsibility of the state bodies and officials as subjects of the Russian Federation, and the Russian Federation for actions, steam> shajushie unity and integrity of the Russian Federation, it for konodat ate noj with and stsm y. I actual importance of dissertational research. Theoretical positions of dissertational research can be used in educational process at lecturing and carrying out of seminar employment on a constitutional law, the theory of state and law, to corresponding special courses, and also in pravotvorcheskoj and pravoprimenitelnoj activity. Objectivity and reliability of the received results is supported by use in research of extensive information base, including the theoretical positions containing in works of domestic and foreign scientists, the analysis of sources, historical materials, acts, and also judiciary practice.
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A source: Antsiferova Olga Valernanovna . Ensuring the unity of the legislative system of the Russian Federation. Thesis for a candidate of law degree. 2003

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