The Norms of International Soft Law in the Legal System of the Russian Federation

Sergei Marochkin, Rustam Khalafyan

Abstract


The norms of international “soft law” (ISL) have explicitly gained a certain importance in the legal system of the Russian Federation. Although soft law does not have legal force, its norms have become widespread within the framework of domestic jurisdiction.

The present article reflects the outcome of the holistic legal analysis of the impact of ISL as a regulatory instrument on different component parts of the domestic legal system, such as positive law, law-enforcement practice, legal theory, legal consciousness of non-state actors.

A conclusion has been formulated about the development of a definite tendency that the international component part of the Russian legal system is not only limited to “the universally-recognized norms of international law and international treaties and agreements”, as it is stated in part 4 of article 15 of the Constitution of the Russian Federation. An increasingly important role is played by international norms of a non-legal nature. This appears outstanding in view of the peculiarities of “soft law”.


Full Text: PDF DOI: 10.5539/jpl.v6n2p90

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Journal of Politics and Law ISSN 1913-9047 (Print) ISSN 1913-9055 (Online)

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