Agrarian law. Classification of sources of agricultural law (the most important)

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Agrarian law. Classification of sources of agricultural law (the most important)

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3. Classification of sources of agricultural law

Sources of law - this is an external form of expression of the law-making activity of the state with the support of the will of the people, with the help of which the will of the legislator becomes mandatory for execution. In the agrarian legal doctrine, a three-term classification of the sources of agrarian law is common.

They are divided according to the method of lawmaking into normative legal acts of the state, acts of authorized and delegated lawmaking. In agrarian law, to a greater extent than in other branches of law, acts of authorized and delegated lawmaking are used as sources of law.

Sanctioning activity - diverse legal activities of the state in the approval, consideration, approval of normative acts of agricultural commercial organizations and public self-government bodies of peasants - the Association of Peasant (Farm) Enterprises and Agricultural Cooperatives.

The specificity of delegated lawmaking is expressed in the fact that while authorizing agricultural commercial organizations and public peasant self-government to develop regulatory legal acts, the state nevertheless does not lose its competence to legally regulate agrarian relations. Delegated law-making in the field of public administration is associated, as a rule, with the temporary granting to a subordinate state body of the right to develop a normative act, the publication of which is within the competence of the delegating body. The most common form of the source of law are legal acts.

1. The main source of agrarian law, as well as for all other branches of Russian law, is the Constitution of the Russian Federation, which has supremacy over all legal acts in the Russian Federation and has the highest legal force.

2. Federal constitutional laws that comment on many provisions of the Constitution of the Russian Federation, including those related to agrarian law.

Author: Zavrazhnykh M.L.

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