What types of legal acts are there? Regulatory acts

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 conduct, 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 entire Russian Federation, then the latter operate only within the territories of the republics that are part of 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.

The 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 particular 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 subordinate nature. Regulatory legal acts of representative and executive bodies of state power of 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 other regulations are considered invalid and terminated on the following grounds:

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, and 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

According to their legal force, regulations are divided into two large groups: laws and by-laws.

Regulatory acts in Russia are divided into:

1) Depending on the specifics of the legal status of the subject of lawmaking on:

regulatory acts of government bodies;

regulatory acts of other social structures(municipal authorities, trade unions, joint stock companies, partnerships, etc.);

normative acts of a joint nature (of government agencies and other social structures);

regulations adopted in a referendum;

2) depending on the scope of action, on:

federal;

regulatory acts of the subjects of the Federation;

local government bodies;

local.

3) depending on the validity period, for:

indefinitely long-term action;

temporary.

A 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.

Laws can also be adopted in referendums - during a special procedure for the immediate, direct expression of the will of the population on one or another, usually a major issue of public life. In terms of content, the law, as a rule, regulates the most important social relations.

The law, like any normative legal act, has certain characteristics:

• 1. A law is a legal document containing rules of law.
• 2. The law is the result of the law-making activity of the highest body of state power (parliament, monarch, etc.) or the entire people.
• 3. The law regulates the most significant, typical, stable relationships in society.
• 4. The law has the highest legal force, which is manifested in the impossibility of its repeal by another body other than the one that adopted it, and also in the fact that all other legal documents should not contradict the content of the law.
• 5. The law is a fundamental legal document. It serves as the basis, basis, and guideline for the rule-making activities of other government bodies and courts.

Considering the law as a normative legal act - a source of law, it is necessary to distinguish it from individual acts containing individual instructions on specific, “one-time” issues, for example, appointment to a position, instructions to transfer property and from interpreting acts, acts of interpretation, i.e. acts that provide only an explanation of existing standards, but do not establish new standards.

Laws in a democratic state should occupy first place among all sources of law, be the basis of the entire legal system, the basis of legality and strong legal order.

The laws are divided into:

• a) constitution, constitutional;
• b) ordinary.

Constitutional laws include, first of all, laws that introduce amendments and additions to the Constitution, as well as laws the need for publication of which is directly provided for by the constitution. The Constitution of the Russian Federation of 1993 names fourteen such constitutional laws. An example of the latter could be the laws on the Government of the Russian Federation (Article 114), on Constitutional Court of the Russian Federation (Article 128), on changing the constitutional and legal status of a subject of the Russian Federation (Article 137 of the Constitution of the Russian Federation) . For constitutional laws, a more complex procedure has been established than for ordinary laws for their passage and adoption in the Federal Assembly. An adopted constitutional law cannot be vetoed by the President (Article 108 of the Constitution of the Russian Federation).

Ordinary laws - These are acts of current legislation devoted to various aspects of the economic, political, social, and spiritual life of society. They, like all laws, have the highest legal force, but they themselves must comply with the Constitution and constitutional laws.

Ordinary laws, in turn, are divided into codification and current. Codification includes the Fundamentals (Basic Principles) of the legislation of the Russian Federation and codes. The Fundamentals is a federal law that establishes principles and defines general provisions for the regulation of certain branches of law or areas of public life. A code is a law of a codification nature, which combines, on the basis of common principles, norms that regulate in sufficient detail a certain area of ​​social relations. The code most often refers to one particular branch of law (for example, the Criminal Code, the Civil Procedure Code, the Code of Administrative Offences).

In a federal state, such as Russia, federal laws and laws of the constituent entities of the Federation differ. Thus, in addition to the federal Law “On the Languages ​​of the Peoples of the Russian Federation,” a number of republics (Karelia, Kalmykia, etc.) that are part of the Russian Federation have adopted their own laws on languages. Federal laws generally apply throughout the Federation. In case of discrepancy between the law of a subject of the Federation and the law of the Russian Federation, the federal law shall apply.

Constitution as the fundamental constituent legal act of the country, it is the main, “title” law that defines the legal basis of the state, principles, structure, main characteristics of the political system, the rights and freedoms of citizens, the form of government and government, the justice system, etc.

The Russian Federation currently has a Constitution in force, adopted by referendum on December 12, 1993. The Constitution of the Russian Federation, in addition to a short preamble, contains the main, first, section of nine chapters:

• 1. Fundamentals of the constitutional system.
• 2. Rights and freedoms of man and citizen.
• 3. Federal structure.
• 4. President of the Russian Federation.
• 5. Federal Assembly.
• 6. Government of the Russian Federation.
• 7. Judicial power.
• 8. Local government.
• 9. Constitutional amendments and revision of the Constitution.

The special (second) section of the Constitution of the Russian Federation contains final and transitional provisions.

The very concept of “constitution” translated from Latin means establishment, establishment, structure. IN Ancient Rome This is how individual acts of imperial power were called.

The Constitution, as already noted, is the main source of law, containing the initial principles of the entire legal system. It has the highest legal force. The supremacy of the Constitution as the Basic Law is manifested in the fact that all laws and other acts of state bodies are issued on the basis and in accordance with it. Strict and precise observance of the Constitution is the highest standard of behavior for all citizens, all public associations, and all government bodies.

In accordance with the Constitution, constitutional laws also dedicated to legal basis state, political system. Constitutional laws are adopted on issues provided for by the Constitution (for example, the Law on a State of Emergency, the Law on the Procedure of the Government). A federal constitutional law is considered adopted if at least two-thirds of the total number of voters votes for it. total number deputies of the State Duma and if it is approved by a majority of at least three quarters of the total number of deputies of the Federation Council. The adopted federal constitutional law must be signed by the President of the Russian Federation and promulgated within fourteen days.

Among the laws should be highlighted:

• a) federal laws - those that are adopted by the federal legislative body - the Federal Assembly - and apply to the entire territory of the Russian Federation,
• b) laws of the subjects of the Federation (republican laws, laws of regions, territories) - those that are adopted in accordance with the distribution of competence by republics and other subjects of the Federation and apply only to their territory.

The division of laws into branches of law is important. In accordance with this, sectoral laws should be differentiated . The most significant role in the legislative system (after constitutional laws) is played by: administrative laws; civil laws; marriage and family laws; criminal laws; land laws; financial and credit laws; labor laws; laws on social security; procedural laws; environmental laws. In addition to sectoral ones, there are inter-industry laws, which contain norms of several branches of law (for example, health care laws, which contain norms of administrative, civil, and other branches of law).

The body of laws constitutes legislation. Therefore, when they talk about legislative acts, it means that we are talking about a system of laws in the narrow sense, and when they talk about acts of legislation, we can talk about not only laws.

Along with the most common form - the presentation of the law in a separate, isolated written act- legal theory highlights and regulations in the form of codes (collections, lists - lat.). Civil, criminal, family, labor and other codes are collections that unite an extensive set of legal norms under a single subject of regulation and, as a rule, method.

Code (codified act) is a single, consolidated, legally and logically integral, internally consistent law, other normative act that provides complete, generalized and systemic regulation of a given group of social relations.

Codified acts have different names - “codes”, “charters”, “regulations”, simply “laws”.

Of significant importance in each code (codified act) are the “general part” or “general provisions”, where the initial principles and norms, general principles and “spirit” of this branch of legislation are enshrined.

Industry codes play the main role in the legislative system , those. codified acts that head the relevant branch of legislation. These codes gather into a single focus, bringing together the main content of a particular legislative branch. All other laws and other regulations in this industry are, as it were, adjusted to the industry code. Part one of the Civil Code of the Russian Federation directly states: “The norms of civil law contained in other laws must comply with this Code.”

In a number of cases, laws on individual problems, for example on issues of property, pledge, were previously issued as independent acts because the consolidated act - code (Civil Code) in which these problems would have received detailed and systematic regulation had not yet been adopted . It is therefore quite understandable, for example, that after the adoption of the Civil Code (Part One), most of the previously adopted individual laws were repealed.

By-laws are acts issued on the basis and in pursuance of laws, containing legal norms.

By-laws have less legal force than laws and are based on them. By-laws are also very important in the life of any society, playing a supporting and detailing role.

Highlight the following types by-laws:

• 1. Regulatory legal acts of the President of the Russian Federation. The President is the head of state, and in accordance with this, the regulatory legal acts (decrees) issued by him occupy the next place after the laws and are mandatory for execution throughout the entire territory of the Russian Federation. If the decree of the President contradicts the Constitution and laws of Russia on the basis of the opinion of the Constitutional Court of the Russian Federation, the decree loses force. Compared to laws, decrees are relatively quickly adopted and come into force.
• 2. Regulatory legal acts of the Government. The Government of the Russian Federation exercises executive power in the country and, realizing this task, adopts resolutions and issues orders. Decisions of a normative nature or the most important are issued in the form of decrees.
• 3. Regulatory acts of ministries and other federal executive authorities (departments). Their peculiarity is that ministries and departments can issue orders and instructions containing legal norms in cases and within the limits provided for by the laws of the Russian Federation, Presidential decrees, and Government resolutions. Therefore, the publication of any departmental act must be based on a special instruction higher authorities, although in practice it is often different.

The acts of this group are very numerous and varied. These include orders and instructions, resolutions, regulations, letters, charters, etc.

These acts come into force 10 days after the day of their official publication in the Rossiyskie Vesti newspaper or in the Bulletin of normative acts of federal executive authorities.

4. Regulatory acts of government bodies of the constituent entities of the Federation. Local regulations. The authorities and management bodies of the subjects of the Federation, solving the problems that confront them, and, according to their competence, make decisions, putting them into legal form. The regulatory legal acts they issue apply only to the territories of the relevant regions.

In the theory of law, local normative acts are also called legal documents containing rules of law adopted by the subjects of management at an enterprise, organization, etc. The regional and regional administrations of the constituent entities of the Federation (in some regions - the government) have the right to adopt resolutions, orders, orders. The head of the administration may issue decrees and orders on issues within his competence.

There are also local acts of state and non-state institutions and organizations various forms property. For legal registration and legal institutionalization, these organizations create various legal acts: orders issued by the head of the organization, charters and regulations on the basis of which they carry out their activities. Such acts constitute the lower link of by-laws and in most cases, in order to acquire legal force, must be registered with the relevant municipal authority. For example, the charter of a limited liability company (or other similar organization) acquires legal force only after registration with state authorities.

NLA is an official, written document issued by a state body, within the established competence, aimed at introducing legal norms, changing existing ones, or their abolition. This document is always addressed to a personally indefinite circle of people. A normative legal act in most states serves as the main source and form of law. This form of law is typical for Russia and most European countries. The following features are characteristic of normative legal acts:

1) They come only from government bodies specifically authorized for this purpose;
2) there is a special procedure for their acceptance;
3) a written form and special design are used;
4) hierarchical subordination, based on the different legal force of individual acts;
5) the content of regulatory legal acts consists of rules of law.

Normative legal acts can be issued not by any state bodies and officials, but only by those specifically authorized by the state for this type of activity. All regulatory legal acts are of a state nature, i.e. They are generally binding; special requirements are imposed on their content and action.

It should, however, be borne in mind that there are acts of state bodies that are not normative in nature. For example, the President of the Russian Federation has the right to issue not only normative decrees containing rules of conduct, but also non-normative decrees, in particular, on the appointment of a specific person to the position of minister or ambassador, on the awarding of an order or the conferment of a military or honorary title. Acts of a non-normative nature are addressed to an individually determined person (Ivanov I.I., Petrov A.N., etc.), are issued on the basis of existing rules of law and do not establish new rules.

Regulatory legal acts, depending on their legal force, the body that adopted them, and the method of adoption, are divided into two large groups: laws and by-laws.

Laws are adopted by representative (legislative) bodies, by-laws - by all other authorized bodies and officials, most often by executive authorities. IN modern Russia judicial bodies do not have the right to adopt normative legal acts. They only have the right to apply or interpret already existing rules of law.

A law is a normative legal act that has the highest legal force and is adopted by representative (legislative) bodies of state power in a special manner. (Example of law - Constitution, Criminal Code, Civil Code, Railway Charter).

This form is used to regulate the most important relations for the life of society. The law has the highest legal force. It follows that the law has the following features:

1) this is an act of representative (legislative) bodies of state power or an act adopted by popular vote (referendum);

2) it regulates the most important social relations, for example, the rights and obligations of the individual, property relations, the structure of the state, etc.;

3) the law is adopted according to a special procedure called the legislative process;

4) has supremacy in the legal system of the state.

The supremacy of law, its supreme legal force, means that when a new law is adopted, all other legal acts must be brought into compliance with the law, and in case of contradiction with the law, any act can be protested or canceled. The law is always normative, since it contains rules of law, and in this way it differs from declarations, appeals and other acts adopted by representative authorities.

Among laws, the constitution has the highest legal force; the fundamental law has the highest legal force and is the basis for all other laws. The current Constitution of the Russian Federation was adopted by the people through a referendum (popular vote) on December 12, 1993. No act of the state can contradict the Constitution; its norms always take precedence over the norms of other acts.

Laws are divided into constitutional and ordinary (current). Constitutional laws are those laws the adoption of which is provided for in the text of the constitution itself. This is enshrined in Art. 108 of the Constitution of the Russian Federation. An example of a federal constitutional law is the law on the judicial system, since Part 3 of Art. 118 of the Constitution of the Russian Federation provides that the judicial system of the Russian Federation is established by federal constitutional law. IN Russian Constitution they are called federal constitutional laws. In the constitutions of other states, for example, Spain, France, they are called organic. These laws have the following features:

1) they have higher legal force compared to ordinary laws;

2) are adopted in a special manner - by a qualified majority, i.e. pre-established increased voting quorum. In Russia, for example, at least 2/3 of the deputies of the State Duma and 3/4 of the members of the Federation Council from their list must vote for a federal constitutional law. While a simple majority of votes in both houses (50% plus one vote) is sufficient to pass an ordinary law;

3) The head of state does not have the right of veto over constitutional laws, but must, after a certain period of time (in Russia - within 14 days), sign the law and promulgate it.

Current (ordinary) laws are federal laws that are adopted on the basis and in pursuance of the Constitution and constitutional laws. They regulate various aspects of the economic, social, political and cultural life of the country.

Among the federal constitutional laws mentioned in the Russian Constitution, similar laws have already been adopted and are in force - on the Government of the Russian Federation, on the Constitutional Court of the Russian Federation, on the Commissioner for Human Rights in the Russian Federation, on the Judicial System of the Russian Federation, etc. Laws on the state of emergency, on martial law, about the anthem, flag, coat of arms of Russia and a number of others.

Codified laws are also distinguished as a special type - these are major acts designed to comprehensively regulate a certain area of ​​public life. These include the fundamentals of legislation and codes for various branches of legislation. An example is the Fundamentals of Legislation on Notaries in the Russian Federation and the Criminal Code of the Russian Federation.

All laws, regardless of their nature, are subject to promulgation and publication.

There is a constitutional rule that unpublished laws cannot be applied.

Subordinate regulatory legal acts at the federation level include:

1. resolutions adopted by the chambers of the Federal Assembly, the State Duma and the Federation Council;

regulatory decrees of the President of the Russian Federation. These include only those decrees that contain rules of conduct of a general nature (i.e., rules of law), since the President of the Russian Federation, according to the Constitution of the Russian Federation, can also adopt decrees that are not normative legal acts, because they are of an individual nature. For example, a Decree on pardoning a specific person sentenced by a court to capital punishment is not a normative legal act, since it does not contain rules of law. And the decree on increasing the amount of pensions or benefits is a normative legal act, so it is designed for repeated application to everyone who receives pensions or benefits;

3. resolutions of the Government of the Russian Federation, which regulate relations in various sectors of public and state life;

4. regulatory orders and instructions of ministries, state committees and other federal departments.

They cannot contradict the Constitution and laws. Subordinate regulatory legal acts are also adopted by other state bodies - the government, local government bodies and other bodies. They also cannot contradict the Constitution, laws and presidential decrees and are issued strictly within their competence. The legality of such acts is verified in judicial procedure, and they are supervised by the prosecutor's office, i.e. she can protest them (except for government acts, which can only be repealed by the President).

By-laws also include acts of central executive authorities - ministries, state committees, federal services, as well as acts of heads of local administrations and executive bodies of the constituent entities of the Federation.

Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen must be published for public information, otherwise they cannot be applied.

All other forms (sources) of law are classified as so-called non-legislative. That is, they are not formed by special legislative bodies of the state.

In order to correctly resolve specific legal cases, you need to know the rules for the operation of normative legal acts in time, space and among persons. Determining how a normative act operates over time means that it is necessary to establish from what moment it begins to operate and when its effect ceases. This procedure is established by a special federal law. There are several options for the entry into force of regulatory legal acts. For the most important and major laws, the rule is that the law comes into force from the moment established in a special resolution or in the law itself. For example, the new Criminal Code of the Russian Federation was adopted by the Federal Assembly in the summer of 1996, and came into force on January 1, 1997. Several months between adoption and entry into force are necessary to ensure that everyone can become familiar with the contents of the new Code.

If the moment of entry into force of the law is not specifically established, then it begins to operate 10 days after its first official publication in the “Rossiyskaya Gazeta”, “Parliamentary Gazette” or “Collection of Legislation of the Russian Federation”. Regulatory decrees of the President of the Russian Federation begin to take effect 7 days after publication, but sometimes they can come into force from the moment of publication or even signing by the President. Decrees of the Government of the Russian Federation come into force from the date of their signing, but some of them affecting the rights, freedoms and responsibilities of citizens - after 7 days after publication.

A normative legal act is a written document created as a result of the law-making activities of competent state bodies or the entire people to establish or recognize rules of law, introducing, amending or repealing rules of a general nature, which contains rules of law and is aimed at regulating certain social relations.

Marchenko notes that all regulatory legal acts are state in nature, their system is determined by the constitution, they contain general regulations in contrast to law enforcement acts, each state has its own hierarchy, i.e. “system of arrangement, subordination of regulatory legal acts.”

The features of this source of law are as follows:

this is an act of a normative nature (contains normative instructions);

this is a legal act (contains only rules of law, in contrast to acts normative content, for example, instructions on how to operate equipment);

this is an act created as a result of the law-making activities of the state or at a referendum (legislative procedure providing for the passage of a bill in parliament, conciliation procedures, “reading of laws”, promulgation, etc.);

this is an act that is generally binding (designed for an indefinite number of persons);

this is an act drawn up in the form of an official state document(observing the necessary details and indicating the procedure for its entry into force);

This is an act in which the rules of law are grouped into certain structural units (articles, chapters, sections).

A normative legal act is the most common source of law, especially for countries of the Romano-Germanic (continental) legal system. It enshrines most of the socially significant norms that regulate the most important social relations. Other sources of law do not have general regulatory significance. Articles of regulatory legal acts clearly formulate the prescribed rules of conduct. Unlike a normative legal act, legal precedents are casuistic in nature, and legal customs are of an uncertain nature. Regulatory legal acts may be subject to rapid changes compared to other acts.

In the Russian Federation there is complex system normative legal acts that are in a certain subordination among themselves, aimed at regulating social relations. The legislative system of any state is characterized, first of all, by division into laws and regulations (according to legal force). The grounds for dividing normative acts into types are: legal force, nature and scope of action, content, subjects of publication, etc. The legal force of normative legal acts is the most essential feature their classifications.

Acts of higher law-making bodies have greater legal force compared to acts of lower bodies, which must comply with the former.

The Constitution has the highest legal force and is the basis of current legislation. Its fundamental ideas are detailed in other acts, which must not contradict the Constitution.

Laws are adopted by the highest representative bodies of both the Federation and its subjects, or by referendums. This is related to the supremacy of laws in the system of regulatory legal acts. The division into laws and regulations is characteristic of the legislation of any state.

A law is a normative legal act adopted in a special manner and having the highest legal force, expressing the state will on the main issues of public life. The law contains legal norms and is the main source of law. The law is adopted only by the highest representative body or by referendum, has supreme legal force and supremacy in relation to other sources of law, reflects the will and interests of the entire society, is issued on the most important issues of state and public life, adopted, amended and supplemented in a special legislative manner. In some states, laws can be adopted not only by representative bodies, but also by the highest judicial authorities, in the order of delegated law-making, in referendums. Laws are adopted on significant issues of public life, in a special legislative order, they form the core of the entire legal system of the state, determining the structure of the entire set of legal acts of the country.

No by-law can interfere with the scope of legislative regulation. Thus, the primacy of laws, their supreme legal force and the special procedure for adoption are their most significant features. Only the body that adopted it has the right to change or repeal a law.

The classification of laws can be as follows:

by legal force (constitution, federal constitutional and federal laws);

by scope (federal and federal subjects);

by subjects of lawmaking (adopted in a referendum or by government bodies);

by sector (constitutional, administrative, civil);

By external form expressions (constitution, code, law, charter);

by duration (permanent and temporary);

by a circle of persons (extending their effect to foreigners, citizens, stateless persons);

according to the time of entry into force (directly or from the date specified in the law).

Subordinate legal acts are issued within the competence of the executive body of state power; they should not contradict the law, but can specify, develop, and supplement it. By-laws have less legal force than laws; they are based on the legal force of laws and cannot contradict them. By-laws specify the fundamental provisions of laws in relation to the characteristics of various dominant interests in society. All by-laws are usually acts of various executive authorities. According to the subjects of publication and area of ​​distribution, they are divided into:

departmental;

intra-organizational.

General by-laws are normative legal acts of general competence, the effect of which applies to all persons a certain state. These include rule-making regulations of the highest executive bodies (decrees and orders of the President of Russia as acts of initial law-making, decrees and orders of the Government of the Russian Federation, which are normative in nature).

Local by-laws are acts of local representative and executive authorities. They are issued by territorial bodies of state power and administration or local self-government bodies (constitutions and charters of subjects, regulatory decisions or resolutions of councils, mayor's offices, municipalities, regulations, provisions, resolutions, orders).

Departmental by-laws are adopted on the basis of the laws of the Russian Federation, decrees of the President and decrees of the Government. In accordance with them, relations under the jurisdiction of a certain executive structure are regulated. But among them there are acts of significant scope (acts of the Ministry of Finance, Ministry of Internal Affairs). Intradepartmental acts apply to a limited sphere of public relations; some executive bodies have the right to issue acts of external action (Ministry of Internal Affairs). “The leading form of a departmental act is an order, which can be both normative and non-normative in its content. An order mediates activities of various natures, it approves, and thereby gives the corresponding legal force to other normative acts... it has rule-making significance.

Acting as an act of detailing the Government resolution.”

Intra-organizational by-laws are regulations issued by various organizations to regulate their internal issues and apply to members of these organizations.

Local regulations are adopted in fairly wide areas of public activity. Special significance they purchased from organizations that regulate relations between employers and employees. In market economic relations Collective agreements, labor protection agreements and other acts of joint rule-making are acquiring great regulatory significance. Local regulations also include orders of the employer and the administration of organizations, adopted within the limits of their competence.

Local regulations belong to the category of secondary legal sources of law, standing at the lowest level of legal regulation. They have a limited scope and must not conflict with laws and other regulations. The current labor legislation regulates in detail the procedure for the development and adoption of local regulations, which become a kind of “codes” on the scale of individual organizations. Local acts may introduce benefits and incentives for employees of specific organizations, but they should not establish sanctions that are not provided for by liability laws.

Action in time presupposes the need to take into account the time of entry into force of the act and the loss of legal force. Typically, an act comes into force from the moment it is adopted by a law-making body or begins to operate after a certain period of time after its publication. Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force simultaneously throughout the entire territory of the Russian Federation after 10 days after their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force. These laws are published in the information bulletin “Collections of Legislation of the Russian Federation”. Federal laws are published in Rossiyskaya Gazeta and submitted for inclusion in the reference bank of legal information of the scientific and technical center for legal information Sistema. The publication of normative legal acts in the above-mentioned publications is official. Federal laws may also be published in other printed publications. Acts of the President of the Russian Federation, if they are of a normative nature, come into force throughout the entire territory of Russia simultaneously after 7 days after their publication in official publications. The named deadlines for the entry into force of normative legal acts do not apply in cases where, upon their adoption, a different deadline for their entry into force is established. Acts of the Government of the Russian Federation come into force from the day of their signing by the Chairman of the Government of the Russian Federation.

A special procedure for entry into force is established for normative acts of central authorities public administration RF. It largely depends on compliance with such conditions as state registration with the Ministry of Justice of the Russian Federation and official publication. These acts that affect the rights, freedoms and legitimate interests of citizens or are of an interdepartmental nature and have passed state registration with the Ministry of Justice of the Russian Federation are subject to official publication. The official publication of these acts is carried out no later than 10 days after their state registration.

Acts that have not undergone state registration, as well as those registered but not published in the prescribed manner, do not entail legal consequences as not coming into force.

It is necessary to take into account the rule that the law does not have retroactive effect, i.e. it does not apply to relations that existed before the adoption of the new law (new edition). Giving a law retroactive effect is possible only in cases that are specified in the law itself or if the law mitigates or completely eliminates liability. Regulatory legal acts lose their force over time upon expiration, due to the publication of a new act replacing the old law, based on the direct instructions of a specific body. Thus, regulatory legal acts have “certain temporary, territorial restrictions (limits) of their existence and action, and also apply to a certain circle of persons (subjects of law). As a general rule, regulatory legal acts are applied to relations that took place during the period from their entry into force until they lose force.”

Action in space is determined by the territory of distribution of power of the bodies issuing the act. The territorial limits of the validity of regulatory legal acts reflect the sovereignty of the state and its jurisdiction. In accordance with the territory of action, federal regulations, acts of the constituent entities of the Federation and local regulations have their own space. Federal laws have equal force on the territory of all constituent entities of the Russian Federation. Laws and other regulations of the subjects are valid only on their territory. If the law of a subject of the Federation differs from the federal law, the law of the Russian Federation applies. The issue should be resolved in the same way in cases of conflict between other regulations of the same type.

Certain federal regulations and regulations of the subjects of the Federation apply to certain areas that form part of their territory, which does not always coincide with the territory of the subjects of the Federation. Regulatory acts of the Russian Federation also apply to the territories of embassies, representative offices, military and merchant ships flying the Russian flag and other territorial entities of the Russian Federation abroad. Certain regulations may apply to Russian citizens working abroad. The operation of legal acts on the territory is also regulated by international legal acts and treaties.

International treaties also regulate the extraterritorial effect of legal acts of the Russian Federation (dissemination of the country's legislation beyond its borders). The principle of territorial application of legal acts means that acts of federal bodies are valid throughout the territory, acts of constituent entities of the federation - in the territory of a given subject, acts of local government bodies - in the territory governed by this body.

Action across a circle of persons means the extension of regulatory requirements to all addressees within the territorial scope of a particular act. However, there are exceptions to general rule when the effect of the legal acts on a circle of persons does not coincide with the effect on the territory (for example, in relation to foreigners enjoying diplomatic immunity, or in relation to a certain circle of persons outlined by law - military personnel, prosecutors, police, etc.). In the latter case, we are talking about special regulations.

Labor legislation also applies the principle of operation of regulatory legal acts on labor by categories of workers (special norms regarding the labor of women, minors, disabled people, persons employed in certain fields of activity, public sector employees working in heavy and hazardous work, temporary and seasonal workers, etc.). In this case, for various categories of persons performing labor or official functions, special rules establish a special procedure for hiring and dismissal, features of regulation of work and rest time, benefits and benefits in remuneration, etc. This, in turn, involves the provision of certain categories of workers certain benefits, rights and advantages. At the same time, restrictive measures may be introduced in relation to, for example, civil servants - on combining positions, on engaging in entrepreneurial or other paid activities, etc.

Lesson #18

TOPIC: Lawmaking

Law and other regulations

Concept and characteristics of a normative legal act

All legal acts issued by the state can be divided into two groups: regulatory and individual legal. Regulatory legal act - This is a legal act issued or sanctioned by competent state bodies, possessing a state-authoritative character and having an official documentary form, containing mandatory rules of conduct and guaranteed by the coercive power of the state. A regulatory legal act is a type legal act which means a document adopted government agency or an official, aimed at establishing, changing or repealing a legal norm or its implementation.

In contrast to normative legal acts that establish legal norms and are of a personally uncertain nature, individual legal acts(they are also called law enforcement) are aimed at implementing legal norms, contain individual instructions and are designed for a one-time action. Therefore, being legal, but not establishing rules of law, these acts cannot be classified as normative. An example of such acts may be court verdicts on specific cases, orders from heads of organizations to impose disciplinary sanctions, etc.

The normative legal act is characterized the following signs:

1) contains generally binding rules of behavior (rules of law) and therefore is addressed to non-personalized subjects, operates continuously, is designed for repeated action and regulates the most typical social situations;

2) is of an authoritative, mandatory nature and is ensured (in case of non-compliance) with measures of state coercion;

3) contains certain, clearly and clearly formulated instructions and determines the conditions for their implementation and protection;

4) published only by competent authorities. The legislation strictly defines the circle of law-making subjects, who are allowed to issue legal acts only on issues within their jurisdiction;

5) is adopted in compliance with strictly defined procedural requirements, in the manner prescribed by law;

6) has an official documentary form, which implies the presence of an exact name, a certain (usually unified) structure (division into sections, chapters, articles, paragraphs), content, methods and style of presentation, symbols and details (dates, signatures, seals) etc.);

7) has a certain legal force, which is understood as the degree of subordination of this legal act to the acts of higher authorities. The legal force of a normative legal act depends on which body issued this act, what place this body occupies in the system of law-making state bodies.

Types of legal acts

There are several classifications of regulatory legal acts. Depending on their legal force, regulatory legal acts are divided into laws And by-laws.

Law - This is a normative legal act adopted in a special manner and having the highest legal force, expressing the state will on key issues of public life.

Laws regulate the most important social relations and can only be adopted by the legislative body (monarch or parliament) or by all citizens in a referendum. They have the highest legal force in the system of regulatory legal acts of the state. This means that, firstly, all other legal acts must proceed from the laws and never contradict them. Secondly, in the event of a conflict between the rules of acts of different legal force, the rule of law applies. Thirdly, laws are not subject to approval by any body. And finally, fourthly, no one has the right to repeal or change the law except the body that issued it. The procedure for the development, adoption and entry into force of a law is determined, as a rule, by the constitution of the state.

There are laws main(constitutions of the state, subjects of the federation, federal constitutional laws (in the Russian Federation)) and ordinary(federal laws, charters of the subjects of the federation, laws of the subjects of the federation).

The leading place in the system of state legislation is occupied by the constitution (from the Latin constitutio - establishment, establishment, structure). Constitution - this is the fundamental law of the state and society, regulating the most important aspects of their internal organization. Unlike other laws, the constitution:

· is an act of a fundamental nature (reinforces the foundations of the state system, fundamental rights and freedoms, determines the form of the state, the system of supreme bodies of state power, i.e., it actually “establishes” the state);

· is the main source of law, serves as the basis for current legislation (other laws, based on the principles of the constitution, develop its norms);

· has the highest legal force (all current legislation must at least not contradict constitutional provisions, and the laws themselves and other legal acts are adopted by those bodies and in the manner established by the constitution);

· is characterized by stability, because it consolidates the very foundations of the state system;

· characterized by a special (difficult in comparison with other laws) procedure for adoption and amendment.

History knows various ways adoption of constitutions: by constitutional assembly or convention (USA), constituent assembly(Italy), referendum (Russia, France), the highest legislative body (USSR), unilateral act of the head of state (Russian Empire in 1906, Japan in 1889). The last method, called octroirovaniye, characteristic of absolute monarchies.

The Constitution is not always a single document. For example, in England there is a so-called unwritten constitution, which actually consists of several thousand uncodified acts.

Today, the Russian Federation has a fairly coherent legislative system. At the head of the entire hierarchy of laws is the Constitution of the Russian Federation, adopted in a national referendum on December 12, 1993. All other laws can be divided into constitutional(adopted in a special manner on issues provided for by the Constitution) and current. Among the mass of current laws, stand out codes, systematizing legislation in any particular branch of law (Criminal, Civil, Family Codes).

The Code is not just a mechanical combination of independent normative legal acts that retain their legal force. This is a new single act, which replaces the previous ones, brings all the regulatory material of the industry into a specific system, distributing it into sections, chapters and articles. In the Russian Federation, codes, as a rule, consist of general and special parts. The first sets out the fundamental principles and principles for this industry, formulates the most important concepts, lists their characteristics, the second contains directly applicable legal norms.

Along with federal laws in the Russian Federation operate laws of the subjects of the federation. The legal system of the republics that are part of the Russian Federation is headed by constitutions, while in the remaining subjects of the federation, statutes are an act of fundamental importance. In accordance with them, within the framework of their own competence, the subjects of the federation can issue their own laws, which should not contradict federal legislation(only in the case when a particular issue is under the joint jurisdiction of the Russian Federation and its subject).

Another basis for classifying laws is the subject of their legal regulation. In accordance with it, all laws are divided into criminal, civil, labor laws etc.

The law as a normative legal act of the highest legal force has a special structure, elements (details) of which are:

· name of the body that adopted the law;

· name indicating the range of social relations that it regulates;

· number and date of acceptance;

· preamble, which describes the motives, goals and objectives of its adoption;

· regulatory content;

· an indication of its entry into force and the repeal of other legal acts that previously regulated these social relations;

· signature of the relevant official.

By-laws

A special kind regulatory legal acts are by-laws - law-making acts of the competent authorities, which are based on the law and do not contradict it. By-laws have less legal force than laws and are intended to specify the fundamental provisions of laws in relation to the originality various situations and individual interests.

By-laws on the sphere of distribution and subjects of publication can be divided into general, local And intra-organizational. The general by-laws apply to the entire territory of the country. As a rule, these include acts of higher authorities. In the absence of an appropriate law that would regulate this type relations, general by-laws actually have the highest legal force, which they, however, lose after the legislative regulation of a given range of relations. Local by-laws are issued by local authorities. Their action is limited to the territory under the jurisdiction of this body. Intra-organizational acts are regulations issued by various organizations to regulate their internal issues and apply only to members of these organizations. A variety of these acts can be considered special departmental acts that apply only to a limited sphere of public relations (any sector of the economy, ministry, banks, exchanges, etc.).

The system of by-laws of the Russian Federation is headed by decrees of the President of the Russian Federation. They should not contradict decisions of the Government of Russia, departmental acts (orders and instructions of ministries and departments), as well as acts of local executive authorities. Along with them, there are also Intra-organizational by-laws.

Related information.