Regulatory legal act – This is an authoritative order of the state that establishes, changes or abolishes rules of law. A normative legal act is characterized by the following features: firstly, it contains generally binding rules of behavior, that is, rules of law; secondly, it is unilaterally binding for those for whom it is intended; thirdly, has the appropriate legal force, which indicates its connection with other legal acts; fourthly, it is characterized by vagueness of the addressee; fifthly, it is the result of rule-making activities of specially authorized state bodies.

Regulatory legal acts form a system based on their legal force. Consequently, the system of normative legal acts is a total subordination of government regulations of the state, based on their legal force.

Features of the system of regulatory legal acts are as follows:

1. They are in a subordinate (subordination) relationship with each other.

2. This form of communication between us is determined by their legal force.

3. The place and role of a normative legal act in the system of government regulations of the state is officially expressed in their name (Constitution, law, resolution, etc.).

The differences in the legal acts that form the system are due to three points:

a) differences in the content of issues resolved by regulatory legal acts;

b) differences in legal nature or validity;

c) differences in the procedure for adopting regulatory legal acts. The leading role in the system of regulatory legal acts is occupied by the law.

Law – This is a normative legal act issued by the highest representative body of state power and has the highest legal force.

You can point out the following types of laws that are in force in the Russian Federation: Basic Law, or Constitution, federal constitutional laws And federal laws. In turn, these laws differ in scope. They are classified into federal And Republican. If the former regulate social relations that are important for the whole Russian Federation, then the latter operate only within the territories of the republics included in the Russian Federation.

The effect of the laws of the Russian Federation on the territory of all constituent entities of the Russian Federation is an expression of the unity of federal state power throughout the entire territory of the Russian Federation.

The effect of laws throughout the Russian Federation distinguishes laws from a number of other acts of the Federal Assembly regulating the procedure for its internal activities or fixing the personal composition of the bodies subordinate to it.

The laws of the Russian Federation are the highest imperative expression and embodiment of the state will of Russian society. This is due to their superior legal force compared to all other acts.

External details of the law include: the name of the type of act and the body that adopted it, an indication of the place and date of adoption. Among these details there must also be the signature of an official who, by law, has the right to sign the relevant acts (the President of the Russian Federation signs the laws of the Russian Federation, the Chairman of the Federation Council - resolutions of the Federation Council). The title of the law is the initial formal requisite of its content. It must strictly correspond to the meaning of the law, the subject of its regulation.

Preamble of the law – This is the initial part (introduction) preceding the main content of the law. The preamble indicates why a particular law is being adopted and what goals it pursues. The preamble should not contain normative instructions or normative definitions. In addition, it should be succinct, concise and clear.

The way in which the components of a law are interconnected is determined by its nature and content. If it is a voluminous and complex act in its construction, then its division into the corresponding regulatory parts, sections, chapters, subsections, etc. is inevitable.

The division of the law into sections and their names must correspond to the social relations that they regulate and consolidate. Moreover, the classification of the law should be based on the principle of “ascent” from the general to the specific, from simple to more complex. First it is necessary to state general provisions and the principles underlying the law, and then arrange the corresponding regulatory requirements in a certain sequence. By giving logical consistency to the law, the legislator thereby contributes to its effectiveness and the correct understanding of its content.

Constitution represents the fundamental law of the state, strengthening the fundamental social relations that determine the way of existence of the state, society, and citizens.

The Constitution is the legal basis for all current legislation. Federal constitutional laws make changes and additions to the constitution. Therefore, to adopt them, a qualified majority of votes is required - at least 2/3 of the votes of deputies of the State Duma and 3/4 of the votes of members of the Federation Council of the Federal Assembly.

Federal (ordinary) laws although they regulate important areas public relations, but do not make changes or additions to the constitution. Therefore, their adoption requires a simple majority of parliamentarians (50 percent plus 1).

Fundamentals of legislation – a legislative act of a consolidated nature, containing the most important, fundamental norms of the relevant branch of legislation. They serve as the legal basis for regulating public relations in a certain area and are published on subjects of joint jurisdiction of the Russian Federation and its constituent entities.

Regulations – a legislative act establishing the structure, functions and procedures of the chambers of the Federal Assembly, their commissions and committees. The Regulations legally provide for the procedural form of decision-making by the Federation Council, the State Duma and their working bodies.

Code - a legislative act in which the rules of law regulating a certain area of ​​social relations are reduced to internal unity. A code, as a rule, refers to one branch of law (for example, Civil Code, Criminal Code). The systematization of legal norms in the code is carried out in an order that reflects the structure of a given branch of law.

Resolutions of the governments of the republics that are part of the Russian Federation have a similar status. But their action is limited to the territories of these republics.

By-laws include orders, instructions, letters of instruction and resolutions of ministries and departments (committees) of the Russian Federation, republics that are part of the Russian Federation.

Regulatory acts of ministries and departments (committees) operate within the limits of their powers and are strictly of a statutory nature. Regulatory and legal acts of representative and executive bodies state power republics and other subjects of the Russian Federation have special legal force on their territory. They are binding on all citizens.

Regulatory acts regulate social relations within certain limits, limited by time, space and circle of persons.

Regulatory acts are in effect in time, and the beginning of the action is determined by the moment of their entry into force.

In the legislation of the Russian Federation there are three ways to establish this point:

1. the normative act comes into force from the time of its adoption or publication;
2. the time of entry into force is determined by the expiration of the established period after publication of the act;
3. a normative act comes into force from the moment expressly specified in it or in the law approving this act.

The duration of a normative act is determined by the time that passes from the moment it comes into force until the moment it is terminated.

Laws and others regulations are considered invalid and terminated for the following reasons:

1. as a result of a direct indication of cancellation contained either in the text of a newly adopted act or in a special decision of the competent authority;
2. in connection with the adoption of a new normative act that replaced the previously valid one, if the old act itself has not been repealed;
3. upon expiration of the validity period established in the regulatory act itself.

Effect of regulations in space limited to a certain territory within which they are implemented.

The territory of a state is understood as part earth's surface within state borders, including internal and territorial waters, the airspace above them, the subsoil, as well as military, commercial and other ships located outside the state, and the territory of embassies.

Effect of regulations by circle of people applies to all Russian citizens, officials, stateless persons and foreigners, government bodies, public organizations. Some regulations apply only to citizens or relate only to stateless persons and foreigners.

Kushnir I.V. Theory of state and law. 2000

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A normative legal act is a legal act adopted by an authorized body and containing legal norms, i.e., regulations of a general nature and permanent effect, designed for repeated use.

It is widely used in all modern legal systems (especially in the countries of the Romano-Germanic legal family).

The advantages of a normative legal act in comparison with other forms of law are associated, first of all, with the increased role of the state as a coordinator social life, revealing common interest and ensuring its centralized implementation, with the ability to adequately and quickly respond to changes in public needs, with a documentary written form that allows for accessible and quick communication necessary information to the addressee, etc.

As the name itself suggests, this is an act that has a dual nature, i.e., it is both normative and legal at the same time. It should be distinguished from normative, but not legal acts (charters political parties, instructions for use household appliances etc.) and from legal, but not regulatory acts (sentences and decisions judiciary, orders for promotion, etc.). A normative legal act is characterized by following signs.

This is a power-volitional act emanating from the state (or recognized by it), the generally binding properties of which are derived from the power of the body that adopted it, and therefore it occupies specific place in the hierarchy of normative acts. With its help, the law-making body exercises its powers in a certain area of ​​public affairs management.

This is an act of lawmaking that establishes, changes or abolishes legal norms. The norms that make up the main content of a regulatory legal act are aimed at regulating the behavior of addressees with the help of mutually corresponding typical rights and obligations.

This is an official document with a clear structure and details. For optimal storage and transmission of legal information, it is performed in a special style using specific legal terms, concepts and methods of constructing text.

The preparation, adoption, implementation and repeal of a normative legal act take place in the order of sequential legal procedures designed to optimize both the content and form of the act itself, as well as the procedure for its creation and implementation.

Achieving the goals of a regulatory legal act is ensured by the economic, political, organizational, informational and punitive power of the state. Violation of it entails legal liability.

It should be kept in mind that regulations, operating within the boundaries a certain state, are combined into a closed hierarchical system. Each of the elements of this system must correspond not only to the competence of the body, but also to the hierarchical connections of the system as a whole. That normative act that conflicts with the constitution or another act of higher legal force falls out of this system and essentially becomes a form of manifestation of an offense. So not every act of lawmaking containing rules of law is a normative legal act.

TYPES OF REGULATIVE ACTS

According to legal force, all normative acts are divided into two large groups: laws and regulations.

Types of by-laws:

Presidential decrees and orders (the latter, unlike the former, are adopted more on procedural, current issues);
decrees and orders of the government - acts of the executive body of the state endowed with broad competence to manage social processes;
orders, instructions, regulations of ministries and departments - acts that, as a rule, regulate public relations that are within the competence of a given executive structure;
decisions and regulations of local government bodies;
decisions, orders, resolutions of local authorities public administration;
regulations of municipal authorities;
local regulations - regulations adopted at the level of a specific enterprise, institution and organization (for example, internal labor regulations).

Depending on the specifics of the legal status of the subject of lawmaking, all normative acts are divided into acts:

State bodies;
other social structures(municipal authorities, trade unions, joint stock companies, partnerships, etc.);
joint nature (state bodies and other social structures);
adopted in a referendum.

Types of regulatory legal acts depending on the scope:

Federal;
subjects of the federation;
local government bodies;
local.

Types of regulatory legal acts depending on the validity period:

Indefinitely long-lasting;
temporary.

There are also such regulatory legal acts as directives and resolutions that are adopted international organizations. Directives, as a rule, enable the state to specify the forms and methods of implementing its international obligations. The resolutions contain requirements that are subject to direct execution.

Regulatory legal act: concept and types

Regulatory legal act (LLA) - official document established form, adopted (issued) within the competence of the authorized government agency(official), other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.) or through a referendum in compliance with the procedure established by law, containing generally binding rules of behavior, designed for an indefinite circle of people and repeated application.

A normative legal act is an act of lawmaking, which is adopted in a special manner by strictly defined subjects and contains a rule of law.

A normative legal act in the Russian Federation - Russia (as well as in many other countries belonging to the Roman-Germanic legal system) is the main, dominant source of law. Regulatory legal acts (unlike other sources of law) are adopted only by authorized state bodies within their competence, have a certain form and are presented in documentary form (in addition, they are drawn up according to the rules of legal technology). The regulatory legal acts in force in the country form a unified system.

According to the order of adoption and legal force, normative legal acts are divided into laws and by-laws.

Laws and regulations

Law is a normative act with the highest legal force, adopted in a special manner by the highest representative body of state power or directly by the people and regulating the most important social relations. A special procedure is lawmaking. According to their legal force and purpose, laws are divided into constitutional (reinforce the foundations of the social and state system and determine the basic legal principles of all current legislation) and ordinary (adopted on the basis of constitutional laws and regulate various aspects of social life). Among the latter, codified and current ones stand out. According to the nature of their action, laws are divided into permanent, temporary and emergency. In the Russian Federation, as in any federal state, federal laws and laws of constituent entities apply. The current laws form a system of legislation. The highest legal force presupposes that no other legal act should contradict the law and can neither cancel nor change it; but the law can repeal or change any other legal act. The content of the law forms primary norms, which in some cases receive further specification and development in by-laws.

A subordinate legal act (normative) is adopted by public authorities within the limits of their competence and, as a rule, on the basis of the law. By-laws must comply with laws. By-laws of Russia include normative acts (that is, decrees containing rules of law) of the President of Russia, normative resolutions of the chambers of the Federal Assembly (adopted on issues within their jurisdiction), normative resolutions of the Government of Russia, various normative acts (orders, instructions, regulations, etc. .) federal ministries and departments, other federal executive bodies, other federal government bodies. It is also worth highlighting the normative legal acts of local government bodies (which is why by-laws are adopted not only by state bodies), issued in accordance with higher laws and by-laws and affecting public relations strictly in the territory of a given municipality.

Regulatory agreements

The source of law in Russia, as well as in most countries of the world, is a regulatory agreement. The most common type of regulatory contracts and agreements are collective agreements and agreements concluded by the parties to a social partnership in labor law.

Regulatory legal acts in the Russian Federation

Since the Russian Federation - Russia is a federal state, regulatory legal acts can be federal (of the Russian Federation) and constituent entities of the Russian Federation, also within the powers of the decision of the elected body of the municipality.

In Russia the following is installed hierarchical system regulatory legal acts (depending on their legal force):

International treaties and agreements of Russia, as well as generally accepted principles and norms international law, constitute a special group, which is an integral part legal system Russia. International treaties and agreements of Russia have greater legal force than the regulatory legal acts of the Russian Federation.

Constitution of Russia.

1. Laws:

Russian Federation

Federal constitutional laws.

Federal laws (including Codes).

Federal subject

Federal subject law

2. Decrees of the President of Russia,

3. By-laws:

Decrees of the Government of Russia.

Acts of federal executive authorities (ministries, federal services and agencies).

4. Local regulations.

At the municipal level - decisions of the municipality.

Regulatory legal act– this is an official document in the appropriate form, issued by an authorized body (President, Government, Parliament, etc.) within its competence. NLA should not contradict those legislative acts, which have greater legal force. Prerequisites such a document – ​​repeated use, an indefinite circle of persons, establishment, change or termination of certain legal relations. In other words, legal acts always give rise to a rule of law.

A legal act is a broader concept, which includes any legal documents issued by state and local authorities. In the literature, PA is used as a synonym for an individual legal act. This is a unilateral decision of a government body, addressed to specific subjects of legislation, and therefore not of a universal nature. A striking example– these are documents for official use that are removed from public access. They do not create any legal norms, but are only aimed at their individual application.

Comparison of legal and regulatory legal acts

IBOs are required to be in open access, and all subjects of law - to be informed about the emergence of new laws, changes and repeal of old ones. PAs are one-time in nature; they do not establish new rules and regulations. Some acts are freely available, while others, on the contrary, are protected from dissemination by appropriate decisions. Legal acts are addressed to an unlimited number of persons (individuals, legal entities, business entities, charitable organizations), and PA – to specific subjects of legal relations, up to a certain person(Decree of the President of the Russian Federation on awarding a military personnel with an order or medal, appointment to a particular position).

TheDifference.ru determined that the difference between a legal act and a normative legal act is as follows:

Nature of application. If NPA is universal, then PA is individual.

Scope of application. PAs are addressed to a limited circle of persons, while legal acts are addressed to an unlimited circle of subjects.

Application time. The legal regulation is used until its effect is canceled or suspended. PA is oriented for one-time use - in a specific situation.

Establishment of the rule of law. A legal norm always generates a new legal norm or changes, supplements or cancels an old one, while a PA is a tool for implementing such a norm.

Question No. 53 Concept characteristics of types of by-laws.

The features of by-laws that distinguish them from laws are that they:

are published in accordance with the law;

They regulate certain specific aspects of social relations.

Thus, a by-law is a normative act issued in accordance with the law by a competent authority, aimed at the implementation and development of legislative provisions and regulating certain specific aspects of public relations.

By-laws in the Russian Federation are divided into:

to decrees and orders of the President of the Russian Federation;

acts of the Government of the Russian Federation;

acts of federal ministries and departments;

acts of the executive power of the constituent entities of the Russian Federation;

acts of local government bodies;

Let's take a closer look at them.

Decrees and orders of the President of Russia

IN Russian history The decree as a legal act influenced the development of the legal system for many hundreds of years. So, in pre-revolutionary Russia in the form of decrees, the highest commands of the monarch were approved, which actually had the force of law. Therefore it is no coincidence explanatory dictionary V.I. Dalia interprets the word “decree” as “a written order, command of the sovereign.”

IN Soviet era decrees were issued by the Presidiums of the Supreme Soviets of the USSR and union republics. Some of these decrees (on legislative issues) were submitted for approval to the next session of legislative bodies.

In the Russian Federation, in accordance with the Constitution (Part 1, Article 90), the President of the Russian Federation has the right to issue decrees and orders. There is a difference between them. It is believed that a decree is an act of broader, significant action, and an order is a document of a more private, specific purpose. In general, Presidential orders, as a rule, are not normative legal acts (i.e., they do not contain rules of law). They are usually adopted on operational issues of public administration (creation of working commissions, allocation of funds to regions from the reserve fund, etc.).

Presidential decrees are also not all normative legal acts. They are often accepted specific issues management (appointment to a position, assignment of a title, etc.). In this case, they are law enforcement acts. Their difference from the Presidential orders is somewhat conditional and can be considered (analyzed) in relation to each specific case.

Regulatory decrees of the President have distinctive features:

cannot contradict federal laws, but have priority over other by-laws;

regulate various areas public life;

are of a generally binding nature.

Thus, a presidential decree of a normative nature is a by-law containing rules of law that regulate various spheres of public life and has priority over other by-laws.

Depending on the nature of the President’s powers, all his decrees can be classified:

decrees within the boundaries of their own powers;

decrees based on powers delegated by parliament;

decrees subject to approval by the Federation Council (on the introduction of martial law, state of emergency, submissions on the appointment of judges of the Constitutional Court, Supreme Court, Higher Arbitration Court, Prosecutor General).

On the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, the Government of the Russian Federation may issue decrees and orders. Based on this, it can be said that acts of the Government of the Russian Federation are of a subordinate and even “mandatory” nature.

Decrees of the Government of the Russian Federation, As a rule, they are normative, i.e. for the most part they are normative legal acts. The execution of decrees of the Government of the Russian Federation is carried out within the jurisdiction and powers of the Russian Federation and the joint jurisdiction of the Federation with its subjects.

Orders, as a rule, are addressed to a narrow circle of executors and are law enforcement acts.

Acts of federal ministries and departments

They are subject to government acts and most often have an industry-specific purpose (apply only to persons working in a given industry). Sometimes, due to the intersectoral, functional focus of the ministry (department), these acts can be addressed to several ministries and regulate intersectoral relations. For example, legal acts of the Ministry of Finance, Ministry of Internal Affairs.

Acts of federal ministries and departments are issued in the form of orders and instructions.

Orders can be normative and non-normative.

Regulatory orders are devoted most important issues work of federal executive authorities: their structure, tasks, functions. Non-normative orders are law enforcement acts.

The instructions regulate the main types (forms) of official activities, functional responsibilities a certain category of workers. They have normative content.

By-laws at the level of a subject of the Russian Federation

Acts of the executive power of the constituent entities of the Russian Federation

The presidents of the republics that are part of the Russian Federation issue decrees and orders.

Governors, heads of administrations of regions, territories, autonomous regions, districts, cities federal significance, the regional government (if there is one), when exercising its powers, issues decrees and orders.

Relevant regional ministries, departments, departments and other executive authorities of the constituent entities of the Russian Federation are vested with the right to issue orders and instructions. These acts are issued on the basis of the powers of each of the bodies, in accordance with the constitutions, charters and laws of the constituent entities of the Federation, as well as in accordance with the Constitution and laws of the Russian Federation. They have a local scope, extending only to the territory of the corresponding subjects of the Federation. All noted acts can be both regulatory and law enforcement.

Acts of local government bodies

In accordance with the Constitution of the Russian Federation, local government bodies independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees, protect public order, and also resolve other issues of local importance. Within the limits of their powers, local government bodies issue relevant legal acts:

resolutions and orders of heads of local government bodies;

acts of township and rural gatherings (meetings);

acts of representative bodies.

All the acts noted above can be both regulatory and law enforcement.

Local regulations (acts of organizations and institutions)

They regulate managerial, production, commercial, scientific, educational and other relations related to the purpose of an enterprise or institution. Thus, each enterprise or institution has its own charter, regulations or other founding document, internal regulations, etc. Their effect has legal significance. Therefore, all these acts are subject to registration or approval by government agencies.

Examples of local regulations include:

orders, instructions of normative and individual significance, adopted by the heads of enterprises, institutions and organizations. With their help, issues of internal regulations and material incentives are regulated;

decisions of collegial management bodies (general meeting of shareholders, board of directors, etc.).

presidential decrees and orders (the latter, unlike the former, are adopted more on procedural, current issues);

decrees and orders of the government - acts of the executive body of the state endowed with broad competence to manage social processes;

orders, instructions, regulations of ministries and departments - acts that, as a rule, regulate public relations that are within the competence of a given executive structure;

decisions and regulations of local government bodies;

decisions, orders, resolutions of local government bodies;

regulations of municipal authorities;

local regulations - regulations adopted at the level of a specific enterprise, institution and organization (for example, internal labor regulations).

Appendix 1

In the field of legal activity and legal informatization, the term “legal information” is widely used. Legal information includes, first of all, legal acts, as well as all information that is related to law: materials on the preparation of bills and other normative legal acts, their discussion and adoption, accounting and streamlining, interpretation and implementation of legal norms, studying the practice of their application. Legal information also includes materials about legal education and the development of scientific concepts for the development of law.

Based on the above, legal information can be defined as an array of legal acts and closely related reference, regulatory, technical and scientific materials covering all areas of legal activity.

Legal information, depending on who is its “author”, that is, from whom it comes and what it is aimed at, can be divided into three large groups: official legal information, information of an individual legal nature that has legal significance, and unofficial legal information information.

Official legal information is information emanating from authorized state bodies, having legal significance and aimed at regulating public relations.

Information of an individual legal nature that has legal significance is information emanating from various subjects of law who do not have power and aimed at creating (changing, terminating) specific legal relations.

Unofficial legal information is materials and information about legislation and the practice of its implementation (application), which do not entail legal consequences and ensure the effective implementation of legal norms.

Let's look at these groups in more detail.

1. Official legal information

Official legal information, in turn, is divided into regulatory legal information and other official legal information.

1.1. Regulatory information

The normative part of legal information, which forms its core, is a set of normative legal acts (hereinafter referred to as NLA) in all their diversity and dynamics.

A normative legal act is a written official document adopted (issued) in a certain form by a law-making body within its competence and aimed at establishing, amending and repealing legal norms. A normative legal act can be either a permanent or temporary act, designed for a clearly established period, determined by a specific date or the occurrence of a particular event.

In turn, a legal norm is usually understood as a generally binding state regulation of a permanent or temporary nature, designed for repeated use (Resolution State Duma Federal Assembly of the Russian Federation dated November 11, 1996 N 781-II GD).

Thus, the rule of law is not designed for any specific case or circumstance, but for one or another type of cases, circumstances determined by some common feature, and thus the rule of law is designed for a certain category, type of social relations. Rules of law represent general, typical behaviors.

A rule of law is distinguished from legal regulations of a non-normative nature by the following specific features:

• 1) repeated application (that is, a rule of law does not lose force after a single application, but is in effect constantly and is designed to be implemented whenever the circumstances provided for by this rule are present. It is not limited to a single application);
• 2) non-personalization (that is, the norm extends its effect not to individually defined subjects, but, as a rule, to a circle of persons, bodies, organizations united by some common characteristic (occupation, gender, residence in a certain territory, etc. )).

Both features of a legal norm should be taken in unity, and the first feature is of primary importance, since it directly reflects the focus of the norm on regulating a certain type of relationship, establishing a measure of behavior.

The rule of law concerns:

• a) a circle of government bodies, organizations, institutions;
• b) circle of officials;
• c) all citizens or some category of them, determined by one or another common characteristic (military personnel, pensioners, employees of any branch of the economy, etc.);
• d) one or another specific government body, institution, organization, regardless of their personnel (definition of general powers);
• e) a specific official (President of the Russian Federation, Prosecutor General of the Russian Federation, etc.) regardless of who personally holds the corresponding position.

The legal force of a normative legal act is the property of the act to generate certain legal consequences. The legal force of an act indicates the place of the act in the system of legal acts and depends on the position and competence of the body that issued the act.

A characteristic feature of the system of legal acts is its hierarchical structure, according to which each act occupies its own step on the hierarchical ladder and is subordinate to other acts, that is, the relationship of acts is characterized by the supremacy of some acts over others. Acts have unequal legal force, depending on the place of the body that issued it in the system of state bodies and its competence. Acts higher authorities have greater legal force, acts of lower bodies must be issued in accordance with them, since they have less legal force.

In accordance with their legal force, regulatory legal acts are divided into laws (laws of the Russian Federation and laws of constituent entities of the Russian Federation), by-laws, international treaties and agreements, and domestic treaties.

Laws of the Russian Federation are normative legal acts adopted by referendum or by the legislative body of the Russian Federation and regulating the most significant social relations.

The Constitution of the Russian Federation, adopted by popular vote, has the highest legal force. Being a law, the Constitution of the Russian Federation is the legal basis of the legislation of the Russian Federation. All other laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.

The laws of the Russian Federation are adopted in the form:

• - laws of the Russian Federation on amendments to the Constitution of the Russian Federation;
• - federal constitutional laws;
• - federal laws (including codes).

Federal constitutional laws cannot contradict the Constitution of the Russian Federation. Federal laws cannot contradict not only the Constitution of the Russian Federation, but also federal constitutional laws.

The laws also include the constitutions of the republics that are part of the Russian Federation, the charters of other constituent entities of the Russian Federation, as well as laws adopted by the legislative bodies of the constituent entities of the Russian Federation.

By-laws are normative legal acts issued on the basis and in pursuance of laws. They can specify the norms of laws, interpret them or establish new norms, but at the same time they must comply with and not contradict the laws. By-laws are a means of implementing legislative norms.

They, in turn, are also divided into several types depending on the position and competence of the body that issued the by-law, and also have a hierarchical structure. The leading role in the system of by-laws of the Russian Federation belongs to acts of the President of the Russian Federation.

Acts of the President of the Russian Federation are adopted in the form of decrees and orders and cannot contradict the Constitution of the Russian Federation and the laws of the Russian Federation. Regulatory legal acts of the President are adopted, as a rule, in the form of decrees.

Acts of the Government of the Russian Federation are adopted in the form of resolutions and orders that cannot contradict the Constitution of the Russian Federation, laws of the Russian Federation, or acts of the President of the Russian Federation. Acts of the Government of the Russian Federation have great strength in relation to acts of federal executive authorities and acts of local authorities. Regulatory legal acts of the Government are adopted, as a rule, in the form of resolutions.

Acts of federal executive authorities (so-called departmental acts) are issued on the basis of and in pursuance of not only the Constitution of the Russian Federation, laws of the Russian Federation, presidential decrees, but also decrees of the Government of the Russian Federation. By-laws of the constituent entities of the Russian Federation have their own hierarchical structure and apply to all persons and other subjects of law located on the territory of the corresponding constituent entity of the Russian Federation.

An international treaty is a normative legal act regulating the relations of the Russian Federation with a foreign state or international organization.

In accordance with the Constitution of the Russian Federation, international treaties of the Russian Federation are integral part its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.

An internal treaty is a normative legal act regulating relations between the Russian Federation and the constituent entities of the Russian Federation, as well as between various constituent entities of the Russian Federation on issues of mutual interest to the parties (delimitation of jurisdiction and powers between the Russian Federation and the constituent entities of the Russian Federation, joint activities in the economic field, etc.).

1.2. Other official legal information

Other (non-normative) official legal information may include:

• - non-normative acts of a general nature;
• - acts of official clarification;
• - law enforcement acts.

Acts of a general nature, while not being normative, create a series of legal relations; many subjects participate in their execution, but they are limited to a one-time execution (decision to carry out preventive vaccinations, to build a plant, etc.). Such acts are adopted by authorized state bodies.

Acts of official clarification of current norms are acts of interpretation of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation, guiding clarifications of the Plenum of the Supreme Court of the Russian Federation, the Plenum of the Supreme Arbitration Court of the Russian Federation, etc. On the issue of the legal nature of these acts in scientific literature there is no consensus of opinion. Some authors classify acts of official clarification as acts of interpretation that do not contain new norms, while others classify them as normative legal acts. At the same time, the real significance of these acts in ensuring the uniform application of laws in judicial practice is not questioned.

Law enforcement acts are individual legal acts adopted by legislative, executive, judicial, prosecutorial bodies, state inspections etc. They do not apply to any person, body, organization (as a normative act), but to a specific, specific subject of legal relations regulated by this act (court verdict, decision to grant a pension, order of the director of an enterprise on dismissal, Decree of the President of the Russian Federation on the appointment of a minister etc.).

There is a dependence of the form of the act on its normative content.

Legal acts are adopted (issued) in the form of laws, decrees, regulations, orders, orders, rules, instructions, regulations. The procedure for preparing regulatory legal acts of federal executive authorities is regulated by current legislation. In accordance with the Decree of the Government of the Russian Federation dated August 13, 1997 N 1009 “On approval of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration,” normative legal acts of federal executive bodies are issued only “in the form of resolutions, orders, instructions, rules, instructions and regulations. The publication of normative legal acts in the form of letters and telegrams is not allowed."

However this rule in legislative practice it is sometimes violated. For example, the Central Bank of the Russian Federation, by its Order dated September 15, 1997 N 02-395 “On the Regulations of the Bank of Russia “On the procedure for the preparation and entry into force of regulatory acts of the Bank of Russia” (clause 1.5 of the Regulations), determines the list of forms in which regulatory acts of the Bank of Russia can be issued : instruction, provision, instruction. This contradicts the Decree of the Government of the Russian Federation No. 1009 in terms of classifying the instruction as a form of normative legal act. In accordance with Article 6. Federal Law“On the Central Bank of the Russian Federation”, regulatory acts of the Bank of Russia affecting the rights, freedoms or obligations of citizens are subject to registration with the Ministry of Justice of the Russian Federation in the manner established for the registration of regulatory legal acts of federal ministries and departments.

The Ministry of Justice of the Russian Federation in the "Explanations on the application of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration", approved by Order No. 42 dated April 17, 1998, emphasizes that from the date of entry into force of the Government of the Russian Federation Resolution No. 1009, normative legal acts of federal executive bodies are issued only in the form of decrees, orders, regulations, rules, instructions and regulations. Acts issued in a different form (for example, instructions) should not be of a normative legal nature.

Non-normative acts are issued in the most different forms. However, you should pay attention to the following. According to the established situation, if acts are issued in the form of laws, rules, instructions, regulations, then they are normative. However, there are exceptions to this rule. So, in 1994 - 1996. non-normative acts were adopted in a form traditionally inherent only to normative acts, namely: 9 laws were adopted regulating material support and medical care for individual families dead deputies. These laws are individual legal acts and are not normative in nature, since they are personalized. Legal theory has a negative attitude towards the practice of issuing such acts in the form of laws.

2. Information of an individual legal nature,

having legal significance

This type of legal information differs from official legal information in that it comes not from authorized state bodies, but from various subjects of law who do not have power - citizens, organizations.

Legal information of an individual legal nature that has legal significance can be divided into:

• - agreements (transactions);
• - complaints, statements giving rise to legal consequences.

Common features of these acts:

• - are of an individual legal nature;
• - aimed at creating (changing, terminating) specific legal relations.

A specific supply agreement is concluded between two specific organizations, entails certain legal consequences - it establishes the rights and obligations of the parties to the agreement, and terminates after the terms of the agreement are fulfilled. A claim brought by a specific citizen against a specific organization for a specific reason also gives rise to certain legal consequences.

3. Unofficial legal information

Unofficial legal information, which is materials and information about legislation and the practice of its application, differs from official legal information and legal information of legal significance, primarily in that it does not entail legal consequences. It can be divided into the following groups:

• - materials for the preparation, discussion and adoption of laws and other regulatory legal acts;
• - materials for recording and systematizing legislation (card files for recording normative legal acts, preliminary materials for the preparation of meetings and codes of laws, unofficial collections of normative legal acts, etc.);
• - statistical materials on legal issues (statistical data on the state of crime, offenses, etc.);
• - samples of business papers;
• - comments on legislation;
• - scientific, popular science, educational and other works on legislative issues.

Unofficial legal information, while not being normative and generating legal consequences, is nevertheless important for the effective implementation of legal norms. Thus, the opinions of famous scientists who comment and explain legislation are of interest to both specialists and the general public and are used in the implementation and application of legal norms.

Our life consists of a huge number of legal norms enshrined in various documents. IN in a general sense they are called “laws” and are differentiated depending on the scope of application. However, the legislation itself is multifaceted and has a large number institutions. One of the basic issues of jurisprudence is the difference between a legal act (LA) and a normative legal act (NLA). Understanding this problem is key to competent application of the law.

Definition of a legal act and a normative legal act

Regulatory legal act– this is an official document in the appropriate form, issued by an authorized body (President, Government, Parliament, etc.) within its competence. The legal acts should not contradict those legislative acts that have greater legal force. Mandatory conditions of such a document are repeated use, an indefinite number of persons, the establishment, modification or termination of certain legal relations. In other words, legal acts always give rise to a rule of law.
Legal act– a broader concept, which includes any legal documents issued by state and local authorities. In the literature, PA is used as a synonym for an individual legal act. This is a unilateral decision of a government body, addressed to specific subjects of legislation, and therefore not of a universal nature. A striking example is documents for official use that are removed from public access. They do not create any legal norms, but are only aimed at their individual application.

Comparison of legal and regulatory legal acts

Legal acts must be in the public domain, and all legal entities must be informed about the emergence of new laws, changes and repeal of old ones. PAs are one-time in nature; they do not establish new rules and regulations. Some acts are freely available, while others, on the contrary, are protected from dissemination by appropriate decisions. NLAs are addressed to an unlimited number of persons (individuals, legal entities, business entities, charitable organizations), and PAs are addressed to specific subjects of legal relations, up to a specific person (Decree of the President of the Russian Federation on awarding a military personnel with an order or medal, appointment to a particular position).

TheDifference.ru determined that the difference between a legal act and a normative legal act is as follows:

Nature of application. If NPA is universal, then PA is individual.
Scope of application. PAs are addressed to a limited circle of persons, while legal acts are addressed to an unlimited circle of subjects.
Application time. The legal regulation is used until its effect is canceled or suspended. PA is oriented for one-time use - in a specific situation.
Establishment of the rule of law. A legal norm always generates a new legal norm or changes, supplements or cancels an old one, while a PA is a tool for implementing such a norm.