In which case do the regulations apply? The concept and types of legal acts. The ratio of normative legal and law enforcement acts. Traditional vision of the nature of NPA

The legal system of most modern states operates on the basis of regulations. Sources of law of this type in the Russian legal system are represented in the widest range of varieties. Which authorities are responsible for the adoption of regulations in the Russian Federation? What is the specificity of the subordination of the relevant sources of law in terms of comparison of legal force?

Normative acts in the system of sources of law

Normative acts are one of the most common types of sources of law in modern states. Depending on the particular country, they will be leading or combined with other categories, such as, for example, legal custom or judicial precedents. The main feature that characterizes normative acts is that they are published with the direct participation of political institutions (legislative, executive bodies). This means that in all cases they will have an official, obligatory character. Consider other features that characterize regulations.

Signs of regulations

First of all, we note that the sources of law in question are law-making in nature. Norms through them are established, adjusted or canceled. Another important feature of normative acts is that they are issued within the competence of a specific authority (for example, parliament). The relevant sources of law have a written form, and also have various details (if we talk about the Russian legal tradition, then among those are the type that adopted the body, the date and place of approval of the act, its number).

Normative acts should not contradict those sources of law that have higher legal force. They must also be public. Normative acts are sources of law aimed mainly at regulating relations in society as a whole or within a certain social group. If a particular act does not meet this criterion, then it is not correct to consider it normative.

Correlation between laws and regulations

Are laws and regulations the same thing? It all depends on the interpretation of these terms, of which there can be many variants. Law in the general legal sense is any source of law, including one that is based, for example, on legal customs. In this sense, the terms under consideration can act as synonyms, since any normative act will one way or another be a law. However, other interpretations of the concepts under study are also possible.

A law in the narrow sense is a legal act adopted by a representative body of power - the Parliament. At the same time, certain types of normative acts may exist in the legal system of the state, in the development and approval of which the Parliament does not participate. If we talk about the Russian model, these can be Decrees of the President of the Russian Federation or Decrees of the Government.

The decree of the head of state is a normative act, but not a "law" in the narrow sense of the word. Therefore, it is incorrect to identify the terms under consideration in this context. In turn, the State Duma and the Federation Council develop and approve legal acts classified as "laws", but in a narrower sense. Since they are considered normative acts, in this context it is possible to identify the terms we are studying.

Criteria for the legal force of a normative act

What is the legal force of the sources of law in question? If we talk about the legal model that has been formed in the Russian Federation, it can be noted that the normative acts of the Russian Federation in any case comply with the principles defined at the level of the Constitution of the country, as well as the classification that is set out in the basic law of the state. The principle of subordination of sources of law is observed.

Classification of Acts: Constitution

Let's consider what types of normative acts are in the Russian legal model. The key law of Russia is the Constitution. The peculiarity of this normative act is that it is designed to ensure a balance of interests of various groups of society, as well as to formulate basic provisions that reflect the principles of a social contract between citizens and the state.

The Russian Constitution is a normative act characterized by the highest legal force. It establishes the key principles of state government, which must be disclosed in normative acts with lower legal force. The specificity of the Constitution of the Russian Federation is that it is approved in the course of direct voting by the citizens of the Russian Federation. The remaining bodies of state administration are formed in accordance with constitutional norms.

Classification of acts: laws

A step lower in relation to the legal force of the Constitution in the legal system of the Russian Federation are laws. They are government regulations passed by the legislature. In the Russian version, it can be federal or regional. Laws are characterized by a number of special features. Let's consider them.

First, it is assumed that the laws reflect the will of the citizens of the country, which is delegated through representative bodies of power. Secondly, laws are characterized by the greatest duration of action in comparison with other normative acts with less legal force. Thirdly, this type of regulatory acts of the Russian Federation are adopted in a special procedural order.

Laws in the Russian Federation are presented at two levels - federal and regional. Which are the first? On the top step - Federal constitutional laws. Further, two types of acts have equal legal force. Firstly, these are federal laws - sources of law adopted upon the approval of the Constitution of the Russian Federation in 1993. Secondly, these are laws (sometimes called "ordinary") - sources of law adopted before the main law of the country was approved. Codes - Civil, Family, Tax and others belong to the Federal Law.

It can be noted that the Law of the Russian Federation on amendments to the Constitution plays a special role in the legal system of the Russian Federation. This act is characterized by significant restrictions in terms of the circle of persons who have the right to submit it for discussion in Parliament. It must also be approved by the subjects of the Russian Federation.

Let us consider in more detail the specifics of various types of Russian Laws, as well as other sources of law that may have signs of legal norms. Let's start with the Federal Constitutional Laws - the second most legal acts after the Constitution of Russia.

Federal constitutional laws

These normative acts are a tool for state regulation of key social relations referred to in the Constitution of Russia. A significant part of the FKZ is aimed at legalizing the status of key political institutions. In particular, such acts include the FKZ on the Government of the Russian Federation or, for example, on the Constitutional Court of Russia. Other FKZs regulate various legal conditions. These include a law that determines the conditions and procedure for the introduction of states of emergency in the state. Federal constitutional laws are the main source of law in the framework of precedents reflecting changes in the territorial composition of the Russian Federation - for example, when new subjects are admitted to Russia. In order for the FKZ to be adopted, at least two-thirds of the deputies of the State Duma, as well as three-quarters of the senators of the Federation Council, must vote for it.

federal laws

These federal regulations are among the most numerous. At the same time, FD in practice can be represented in a fairly wide range of varieties. So, for example, a variety of Federal Laws are various Codes, which are systematized sources designed to regulate a particular area of ​​public communications.

Many Codes are considered fundamental acts in certain areas of social interaction. For example, the Civil Code of the Russian Federation is a normative act that has the highest legal force in the environment of civil law acts. A similar role is played by the Budget, Family, Tax Codes.

Ratification laws

It can be noted that in the Russian legal system there is a special type of normative acts - federal laws that ratify (or, conversely, denounce) various international agreements of Russia. These sources of law work in accordance with the provisions of the 15th and 106th articles of the Russian Constitution.

The main feature of these regulations is that they have a higher legal force than laws adopted within the state.

By-laws at the federal level

There are also by-laws in the Russian system. These may be decrees of the head of state, resolutions of the Government and other sources of law designed to supplement federal and other laws. Their legal force is lower than that of the FZ and FKZ, but the procedure for their adoption is much simpler: the President of the Russian Federation, for example, does not need to coordinate his actions with the Parliament. However, the head of the Russian state cannot issue a Decree that directly contradicts the provisions of the Federal Law and the Federal Law.

Decrees of the President

The main role of the Decrees is to give the status of normative acts to the competences of the President of the Russian Federation, which are fixed in the 4th chapter of the Constitution of Russia. Decrees of the head of state are binding on the entire territory of the Russian Federation. They, as we have already noted above, should not contradict the Federal Law, the Federal Law, and, of course, the Constitution. It can be noted that some Decrees of the President are classified as non-normative. At the very beginning of the article, we defined one of the criteria for classifying a particular source of law as normative acts - publicity. Accordingly, those Decrees of the head of state, the provisions of which do not imply this criterion (that is, aimed at a narrow circle of people), are non-normative. Such acts may be associated, for example, with resignations or appointments in the Presidential Administration and other authorities.

Government Decrees

The Decree of the Government of the Russian Federation is also a regulatory legal act that belongs to the category of by-laws. They are published on the basis of the provisions of the constitution of the Russian Federation, various federal laws or decrees of the head of state. They are also obligatory for observance in all regions of the country. At the same time, the President of the Russian Federation has the right to cancel the Decrees of the highest executive authority if they contradict the fundamental law of the country (the Constitution), the Federal Law or the Decrees of the head of state. The Decrees are executed within the scope of jurisdiction, which may relate to the Russian Federation or, in a joint manner, to the Russian Federation and the subjects. Thus, the executive bodies at the federal and regional levels operate within a single system.

Various ministries and departments work in the structure of the Government of the Russian Federation. They can also issue regulations. These can be instructions, letters, orders, regulations, etc. Their legal force is sufficient from the point of view of the obligatory execution by citizens and organizations participating in the field of legal relations, which is regulated by the relevant act. Sources of law issued by federal bodies must be registered with the Russian Ministry of Justice and subsequently published.

Regional laws

Russia is a federal state. This model of the political structure assumes a fairly pronounced autonomy of administrative-territorial entities - republics, territories, regions. Each region of the Russian Federation has its own system of regulations.

The subjects of the Russian Federation in the status of territories and regions have Charters, those that are republics have Constitutions. Their role, in general, is similar to that of the fundamental law of Russia. That is, these legal acts fix the formation of political institutions, regulate key social relations. Constitutions and Charters must comply with all legal acts approved in the territory of the subject. In turn, none of the acts adopted in the region should not contradict any federal law or the Constitution of the state.

Regional laws are approved by representative authorities, in the formation of which citizens living in the subject of the federation participate. In some cases, these legal acts can be developed based on the criteria of joint jurisdiction. For example, if a particular law has been developed at the federal level, then its specificity may involve the issuance of acts ensuring its implementation by the parliaments of the regions. By analogy with Decrees of the President and Decrees of the Government, heads of regions, as well as executive bodies in subjects, can issue their own regulations.

municipal laws

The Constitution of the Russian Federation stipulates that the system of local self-government in Russia must be separated from the state. Municipalities can create their own regulations within their competence. These can be various decisions, orders or, for example, orders. The greatest legal force is typical for the Statutes of municipalities. Those acts that are issued by local governments are binding on residents of municipalities.

Corporate specifics

The term "normative act" can be applied not only in the aspect of state activity, but also in the sphere of civil legal relations. So, for example, there are regulations of an organization, an enterprise - commercial or not related to business. However, their scope is extremely localized. Moreover, an enterprise can publish its own sources of law based on the provisions of a limited group of state regulations.

So, for example, Article 8 of the Labor Code of the Russian Federation gives organizations a similar right - to publish their sources of law locally. Normative acts of organizations can be aimed at the implementation of certain labor law norms in the structure of a separate company. For example, they can establish certain internal regulations in the organization, predetermine the technological aspects of the interaction of employees. In many cases, their adoption requires agreement with the trade union. Of course, locally adopted normative acts should not contradict other sources of law in force in the country.

All normative legal acts can be divided into two groups according to their legal force:

1. Laws- these are regulatory legal acts that have the highest legal force, adopted in a strictly defined special order by the highest legislative body of the state or subject of the Federation and regulate the most important public relations.

There are the following types of laws:

- Constitution

- laws that are adopted on issues directly related to the Constitution.

- Federal Current Laws- these are acts of current legislation devoted to various aspects of the socio-economic, political and spiritual life of society;

- Laws of the subjects of the Federation- these are laws that are issued directly by the representative bodies of the subjects of the Federation and extend their effect to the corresponding territory

2. Bylaws- these are 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.

By-laws include:

Regulatory legal acts of the President of the Russian Federation (decrees, orders);

Normative-legal acts of the government of the Russian Federation (orders, resolutions);

Normative-legal acts of ministries and other federal executive bodies (orders, instructions, regulations, orders);

Normative-legal acts of state power of subjects of the Federation.

Law: concept, signs, types.

law- this is an act of the legislative body adopted in a special order, which has the highest legal force and is aimed at regulating the most important social relations.

Law- this is an act of law-making, which has the highest legal force, aimed at regulating the most important social relations and is adopted in a special manner by the highest legislative body of the state or subject of the Federation, or directly by the people.



The main features of the law:

1. It has the highest legal force, that is, it occupies the main place after the Constitution in the hierarchy of normative legal acts.

2. Accepted only by the relevant competent legislative bodies of the state or subject of the Federation, or directly by the people.

3. Regulates the most important public relations in the sphere of economic, political, cultural, social and spiritual life.

4. It is accepted in a special and officially approved procedural order.

5. It is obligatory. This implies that its norms must be respected and implemented by all state bodies, officials, citizens, public organizations, legal entities without exception.

Types of laws:

1. By scope, they distinguish:

federal laws;

Laws of the subjects of the Federation.

2. According to the subjects of lawmaking, there are:

Laws adopted by the legislature in the process of legislative activity;

Laws adopted by the people as a result of a referendum.

3. According to the subject of legal regulation, there are: constitutional, criminal law, civil law, etc.

4. By validity period:

Permanent;

Temporary.

5. According to their legal force:

- Constitution- this is a fundamental normative legal act, which has the highest legal force, fixes the foundations of the constitutional order, the rights and freedoms of man and citizen, the form of government and the state structure, and establishes the federal bodies of state power.

- Federal constitutional laws- laws that are adopted on issues directly related to the Constitution, as well as serving as the basis for current legislation.

- Federal laws.

- The law of the subject of the Federation.

Regulations.

Sub-legislative legal act(PNLA) - a legal act of a public authority that has a lower legal force than a law. It should not be identified only with the state, since, for example, local self-government is not included in the system of state authorities - Article 12, the Constitution of the Russian Federation - Russia.

Classification:

In the Russian Federation at the federal level, by-laws include:

Decrees of the President of the Russian Federation;

Decrees and orders of the Government of the Russian Federation;

Acts of the Central Bank of the Russian Federation, ministries, state committees and other executive authorities;

Decrees of the chambers of the Federal Assembly of the Russian Federation;

Decisions of courts and arbitration courts.

By scope:

General (valid throughout the state)

Local (operate in a separate area)

Departmental (operate within departments)

Local (intraorganizational)

Individual (are distinguished in case of recognition of the existence of individual legal norms, for example, in the communicative theory of law).

By publishing bodies(in relation to the system of legal acts of Russia):

Decrees of the President of Russia;

Decrees of the Government of Russia, state committees, administrations;

Orders, instructions, instructions and other departmental local acts;

Decisions of representative bodies of local self-government.

The communicative theory also highlights intrastate autonomous legal acts.(contracts and agreements), both general normative and individually normative, as well as all heteronomous individual legal acts.

By-laws must not contradict the law, because according to the hierarchy of normative legal acts (NLA), it is below the law and is a by-law, which should be taken literally.

The characteristic features of by-laws are that:

1. They are accepted by law.

2. They are accepted in accordance with the law.

3. They cannot be against the law.

4. They have less legal force in relation to the law.

Depending on the body that adopted the by-law normative act, there are:

1. General regulations- these are normative legal acts of general competence, the effect of which applies to all persons within the territory of the country. With their help, state administration and coordination of the economic, political and socio-cultural life of the country is carried out.

The main place in the system of general by-laws belongs to:

Decrees and orders of the President as the head of state, which have the greatest legal force after the law and regulate the main directions of the domestic and foreign policy of the state;

Government acts adopted on the basis of and pursuant to the laws and decrees of the President and solving operational issues of state management of the economy, health care, education, social and cultural construction, etc.

2. Departmental regulations- these are regulatory legal acts that are adopted within their competence by ministries, state committees and other departments, regulate, as a rule, public relations that are within the competence of this executive structure (customs, transport, banking relations, issues of organizing education , health protection, etc.). Typically, such acts are issued in the form of orders, instructions, resolutions, orders, regulations, letters, instructions, charters, and others.

3. Local regulations- these are regulatory legal acts of local representative and executive authorities (in districts, cities, towns, etc.). They are published by local representative authorities and local self-government bodies. The validity of these acts is limited to the territory subject to them and are binding on all persons residing in this territory. These can be decisions, orders, resolutions of local governments.

4. Local (intraorganizational) regulatory acts are adopted within their competence by the administration of enterprises, institutions, and apply to employees of the relevant enterprises.

According to the legal force, normative acts are divided into two large groups: laws and by-laws.

Regulations in Russia are divided into:

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

Normative acts of state bodies;

Normative acts of other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.);

Normative acts of a joint nature (state bodies and other social structures);

Normative acts adopted by referendum.

2) depending on the scope, on:

federal;

Regulatory acts of the subjects of the Federation;

Local self-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 at referendums - in the course of a special procedure for direct, direct expression of the will of the population on one or another, as a rule, major issue in public life. The content of the law, as a rule, regulates the most important social relations.

The concept of law has been revealed over several millennia in scientific and practical activities. Sometimes the concept of law is used as a synonym for the concept of law, any source of law. Therefore, as early as the 19th century, it was proposed to distinguish between the law in the formal and material senses. In the material - again, as a synonym for all sources of law, in the formal - as an act adopted in accordance with the established procedure by the legislature.

Mixing these values ​​can lead to negative consequences. Unfortunately, this happened in the 1993 Constitution of the Russian Federation. All modern constitutions enshrine the principle of judicial independence. This is fixed in the formula "judges are independent and subject only to the law."

In this context, the concept of law is used in a broad sense, as a synonym for law, as protection against interference by other branches of government in judicial activities, primarily “from telephone law”. In addition, this formula affirms the principle of legality in judicial activity.

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

A law is a legal document containing rules of law.

The law is the result of the law-making activity of the highest body of state power (parliament, monarch, etc.) or the entire people.

The law regulates the most significant, typical, stable relations in society.

The law has the highest legal force, which is manifested in the impossibility of its cancellation by another body, except for the one that adopted it, and also in the fact that all other legal documents should not contradict the content of the law.

The law is a fundamental legal document. It serves as a base, basis, guideline for the rule-making activities of other state bodies, courts.

Considering the law as a normative legal act - a source of law, it is necessary to distinguish it from other legal acts:

first, from individual acts, i.e. acts containing individual prescriptions on specific, “one-time” issues, for example, appointment to a position, assignment to transfer property (such individual prescriptions are sometimes found in laws on, say, privatization, management issues);

secondly, from interpretive acts, acts of interpretation, i.e. acts in which only an explanation of the existing norms is given, but no new norms are established (such acts in most cases have other names, for example, “decree”, “clarification”).

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

Legislation is the whole set of laws in force in the country.

However, it must be borne in mind that in some formulations of regulatory acts, the term “legislation” refers not only to laws, but also to other regulatory documents containing primary legal norms (for example, regulatory decrees of the President of the Russian Federation, regulatory resolutions of the Government).

Currently, the regulatory decrees of the President (as well as resolutions of the Government) adopted on issues related to the legislative field have the appropriate, close to law, legal force until the adoption and entry into force of the law on this issue. Part one of the Civil Code of the Russian Federation directly states: “In the event of a conflict between a decree of the President of the Russian Federation or a Decree of the Government of the Russian Federation, this Code or another law, this Code or the relevant law shall apply.”

Legislation has its own clear system, classification of laws.

Laws are divided into:

a) the 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 the publication of which is provided directly by the constitution. The Constitution of the Russian Federation of 1993 named fourteen such constitutional laws. An example of the latter can be laws on the Government of the Russian Federation (Article 114), on the Constitutional Court of the Russian Federation (Article 128), on changing the constitutional legal status of a subject of the Russian Federation (Article 137 of the Constitution of the Russian Federation). For constitutional laws, the procedure for their passage and adoption in the Federal Assembly is more complicated than for ordinary laws. An adopted constitutional law cannot be vetoed by the President (Article 108 of the Constitution of the Russian Federation).

Ordinary laws 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, constitutional laws. This ensures the unity of the entire legislative system and the consistent implementation in it of those fundamental political and legal principles that are expressed in the Constitution and constitutional laws. The main task of a special body of justice - the Constitutional Court - is to ensure strict compliance with the Constitution of the Russian Federation of all laws, other normative legal acts and, thereby, the implementation of constitutional principles in all acts.

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. Fundamentals - this is a federal law that establishes the principles and defines the general provisions for the regulation of certain branches of law or areas of public life. The Code is a law of a codification nature, in which, on the basis of common principles, norms are united that regulate a certain area of ​​social relations in sufficient detail. The code most often refers to any one branch of law (for example, the Criminal Code, the Code of Civil Procedure, the Code of Administrative Offenses).

In a federal state, which is Russia, federal laws and laws of subjects of the Federation are distinguished. So, in addition to the federal law "On the languages ​​of the peoples of the Russian Federation" in a number of republics (Karelia, Kalmykia, etc.) that are part of the Russian Federation, their own laws on languages ​​have been adopted. Federal laws apply, as a rule, throughout the territory of the Federation. In the event of a discrepancy between the law of a subject of the Federation and the law of the Russian Federation, the federal law shall apply.

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

In the Russian Federation, the Constitution adopted at the referendum on December 12, 1993 is currently in force. The Constitution of the Russian Federation, in addition to a brief 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" in translation from Latin means the establishment, institution, device. In ancient Rome, this was the name given to certain acts of imperial power.

The emergence of constitutions as the fundamental laws of the state is associated with the coming to power of the bourgeoisie, the emergence of the bourgeois state.

The first acts of a constitutional type were adopted in England. However, the historical features of its development have led to the fact that it lacks a constitution in the usual sense of the word. In other words, there is no single act regulating both the most important aspects of the internal organization of the state, social structure, and the rights and freedoms of citizens. Modern Great Britain is a country with an unwritten constitution, which consists of numerous acts adopted in the period of the 13th-20th centuries. All of them are not interconnected by a certain system and do not form a single act.

The first written constitution (i.e., representing a single basic law with an internal structure) can be called the US Constitution, adopted in 1787 and still in force today. In Europe, the first written constitutions were those of France and Poland of 1791.

1. As the Basic Law of the state and society, the Constitution, unlike other legislative acts, has a constituent, fundamental character. It regulates a wide range of social relations, the most important of them, which affect the fundamental interests of all members of society, all citizens. The Constitution establishes the foundations of the socio-economic system of the state, its national-territorial structure, the fundamental rights, freedoms and duties of a person and citizen, the organization and system of state power and administration, establishes the rule of law and legality. Therefore, constitutional norms are fundamental for the activities of state bodies, political parties, public organizations, officials and citizens. The norms of the Constitution are primary in relation to all other legal norms.

2. The Constitution, as already noted, is the main source of law, containing the initial principles of the entire system of law. It represents the basis for the current legislation, determines its nature.

Current legislation develops the provisions of the Constitution. In a number of cases, the Constitution contains instructions on the need to adopt a particular law (for example, Article 70 of the Constitution of the Russian Federation establishes that the status of the capital of our state is established by federal law). As a legal basis for legislation, the Constitution is the center of the entire legal space. It contributes to the coherence of all legal development and the systematization of law.

3. The Constitution 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 of and in accordance with it. Strict and exact observance of the Constitution is the highest standard of behavior for all citizens, all public associations, all state bodies.

4. The Constitution as the Basic Law is characterized by stability. This is determined by the fact that it consolidates the foundations of the social and state system.

The stability of the Constitution as the Basic Law is ensured by a special procedure for its adoption and amendment.

In accordance with the Constitution, constitutional laws can be issued, also devoted to the legal foundations of the state, the state system. Constitutional laws are adopted on issues provided for by the Constitution (for example, the Law on the state of emergency, the Law on the procedure for the activities of the Government). A federal constitutional law is considered adopted if at least two-thirds of the total number of deputies of the State Duma voted for it 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 is subject to signing by the President of the Russian Federation and promulgation within fourteen days.

Among the laws should be distinguished:

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 the republics, 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 distinguished. 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; social security laws; procedural laws; environmental laws. In addition to sectoral laws, there are intersectoral laws that contain the norms of several branches of law (for example, laws on health care, which contain norms of administrative, civil, and other branches of law.

The body of laws constitutes legislation. Again, the concept of legislation is used in a narrow, precise sense precisely as a system of laws and in a broad sense - as a system of legal acts of all kinds, and sometimes as a synonym for law. Therefore, when they talk about legislative acts, it means that they are talking about a system of laws in the narrow sense, and when they talk about acts of legislation, they can talk not only about laws.

All these "subtleties" need to be defined, designated, so that, first of all, lawyers, and other participants in public relations, understand each other.

The normative legal act, in which the law finds its expression and consolidation, can take different forms. Along with the most common form - the presentation of the law in a separate, separate written act - the theory of law also distinguishes normative legal acts in the form of codes (collections, lists - lat.). Civil, criminal, family, labor and other codes are collections that combine a vast set, a system of legal norms, according to a single subject of regulation and, as a rule, a method.

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

Codified acts have various names - "codes", "charters", "regulations", simply "laws".

A special character in a federal state belongs to the codified acts of the federal level. They contain the initial and general provisions that are important for the entire federal state. In the republics and other subjects of the Federation, acts are adopted in accordance with their competence on the basis of federal codes and other federal laws.

Codes belong to the highest level of legislation. Each code is, as it were, an independent, developed legal "economy", in which there should be "everything" that is necessary for the legal regulation of a particular group of relations - both general principles, and regulatory institutions of all the main varieties of these relations, and law enforcement norms , etc. Moreover, all this normative material is brought into a single system, distributed into sections and chapters, and agreed upon.

Essential in each code (codified act) are the “general part” or “general provisions”, where the Initial principles and norms, the general principles and the “spirit” of this branch of legislation are fixed.

The main role in the system of legislation is played by sectoral codes, i.e. codified acts leading the relevant branch of legislation. These codes are collected into a single focus, bringing together the main content of a particular legislative branch. All other laws and other normative acts of the given branch are, as it were, adjusted to the branch code. In part one of the Civil Code of the Russian Federation it is directly stated: “The norms of civil law contained in other laws must comply with this Code” (clause 2, article 3).

In a number of cases, laws on certain issues, for example, on issues of property, collateral, were previously issued as independent acts because that consolidated act - the code (Civil Code), in which these problems should have received detailed and systemic 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 that contain legal norms.

By-laws have less legal force than the laws based on them. Despite the fact that the law occupies the main and decisive place in the normative legal regulation of social relations, by-laws are also very important in the life of any society, playing an auxiliary and detailed role.

Legal act: concept and types

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

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

The normative legal act in the Russian Federation - Russia (as well as in many other countries belonging to the Romano-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 put into documentary form (in addition, they are drawn up according to the rules of legal technique). Regulatory legal acts in force in the country form a single system.

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

Laws and regulations

Law - 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 order is lawmaking. By legal force and purpose, laws are divided into constitutional (fix 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 society). Among the latter, codified and current ones stand out. According to the nature of the action, laws are divided into permanent, temporary and emergency. In the Russian Federation, as in any federal state, there are federal laws and laws of subjects. The laws in force form the system of legislation. The highest legal force assumes that no other legal act should contradict the law, 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 concretization and development in by-laws.

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

Regulatory contracts

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

Regulatory legal acts in the Russian Federation

Since the Russian Federation - Russia is a federal state, normative legal acts may be federal (of the Russian Federation) and subjects of the Russian Federation, also within the authority of the decision of the elected body of the municipality.

Russia has the following hierarchical system normative legal acts (depending on their legal force):

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

Russian Constitution.

1. Laws:

Russian Federation

Federal constitutional laws.

Federal laws (including Codes).

Subject of the Federation

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 level of the municipality - decisions of the municipality.

Regulatory act is a written official document accepted by the authorized body of the state.

A normative act establishes, changes or cancels the rules of law.

Beginning and validity period of normative acts

Normative acts are valid 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 moment:

    the normative act enters into force from the time of its adoption or publication;

    the time of entry into force is determined by the expiration of the established period after the publication of the act;

    a normative act enters into force from the moment directly indicated in it or in the law approving this act.

Depending on the period of validity, normative acts can be divided into:

    on temporary acts;

    acts of indefinite duration.

Types of regulations

All regulations can be divided into the following types:

  • regulations;

    international laws.

Law

A law is a normative legal act issued by the highest representative body of state power and has the highest legal force.

An act of this type is adopted only by the authorities (legislative or representative) or the citizens of the country through a referendum.

Only the authority that issued it can mark or amend the law.

Acts of this type regulate the processes associated with the development of the state and society.

You can point to such types of laws that are in force in the Russian Federation: the Basic Law, or the Constitution, federal constitutional laws and federal laws.

Regulations

By-laws are issued on the basis of and for the purpose of implementing laws and represent a hierarchically built model in which the norms must correspond to those prescribed in sources of greater legal force and be the basis for acts at a lower level.

The main types of normative acts of a by-law nature in Russia are divided into:

    federal acts (decrees and orders of the President of the Russian Federation, government decrees, orders of ministries and departments);

    acts of subjects of the federation (local constitutions, charters, as well as laws adopted by the legislative and executive authorities of the region);

    municipal laws (orders, decisions or resolutions issued by city halls, city councils and similar structures).

international laws

A special type of normative acts is international laws.

They are accepted by organizations outside Russian jurisdiction and are divided into two types - directives that give the government of specific countries to choose how to implement the adopted international obligations and regulations, where there are requirements that are mandatory for direct implementation by all states.

The Russian Constitution states that the principles and norms characteristic of international law, and the treaties of the Russian Federation with other states are part of the national legal system.

Hierarchical system of legal acts

In general, the hierarchical system of legal acts of Russia can be represented as follows:

1) Constitution (Basic Law);

2) federal laws;

3) decrees of the President;

4) resolutions of the Government;

5) normative acts of ministries and departments.

A special group is formed by:

a) international treaties of Russia;

b) normative acts of state authorities of the subjects of the Federation.

Regulation levels

The effect of normative legal acts can be extended at several levels.

General federal acts are binding on the entire territory of Russia.

The acts of the subjects of the federation apply to residents of individual regions, as well as to all persons, regardless of residence permit and citizenship, who come to the subject or temporarily reside in it.

Municipal legal acts, which are the main instrument of local self-government, apply to residents of the city, district or region, as well as persons arriving there.

It is also possible to single out local legal acts, the peculiarity of which lies in a narrow focus.


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