On the question of the place of generally recognized principles and norms of international law in the system of sources of Russian administrative law

 
PIIS160565900030974-5-1
DOI10.61205/S160565900030974-5
Publication type Article
Status Approved
Authors
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Russian Federation,
Abstract

Currently, international relations are being transformed, which calls into question the relevance of international legal sources to the regulation of domestic legal relations. Despite the direct constitutional consolidation of generally recognized principles and norms of international law as elements of the Russian legal system, establishing the place of these sources in the system of legal regulation and the conditions for their application is an urgent problem. The importance of the study is also due to the fragmentation of the sources of regulation of administrative and legal relations and the lack of a unified legal act directly consolidating the place of generally recognized principles and norms of international law in the system of sources of administrative law.

 

The purpose of the study is to formulate requirements for generally recognized principles and norms of international law for their inclusion in the system of sources of Russian administrative law with the definition of the appropriate place in this system.

 

General and specific methods of scientific research were used in the preparation of the article. The leading place was taken by special legal methods: a systematic approach, comparative legal, formal legal methods, and the method of content analysis.

 

As a result of the study, it was possible to determine the position of the studied elements of the source system, to prove the admissibility of their indirect application in the regulation of administrative and legal relations and the procedure for the reception of these sources into the Russian legal system.

 

Keywordsgenerally recognized principles and norms of international law, international treaty, Constitution of the Russian Federation, formalization, genetic sources, sources of legal regulation
Received16.07.2024
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