The types of regulatory legal acts are. Theory of State and Law

Normative 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 way of a referendum in compliance with the procedure established by law, containing generally binding rules of conduct, designed for an indefinite circle of people and repeated application.

Normative legal act- This is an act of lawmaking, which is adopted in a special order by strictly defined subjects and contains the rule of law.

Regulatory legal act in the Russian Federation (as well as in many other countries related to the Romano-Germanic legal system) is the main, dominant source of law. Normative legal acts (in contrast to other sources of law) are adopted only by authorized state bodies within their competence, have a certain form and are clothed in a documentary form (in addition, they are drawn up according to the rules of legal technique). Normative legal acts in force in the country form a single system.

By the order of adoption and legal force, normative legal acts are subdivided into laws and by-laws.

A different approach to the concept of a normative legal act is presented by the communicative theory of law. It departs from the traditional understanding of legal acts as a heteronomous act and includes among such acts and autonomous normative legal acts. Thus NPA- the result of lawful actions of subjects aimed at achieving certain legal consequences by textual consolidation of legal information in writing.

Signs of regulatory legal acts:

Normative nature

This is a legal act

Is the result of lawmaking

Universality

Registration in the form of an official document

A certain order of grouping of legal norms.

1. Law- a normative act with supreme legal force, adopted in a special order by the highest representative body of state power or directly by the people and regulating the most important social relations. Special order - lawmaking .

By legal force and the purpose of the laws are divided into constitutional (they consolidate 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.

By the nature of the action laws are subdivided into permanent, temporary and emergency ... In the Russian Federation, as in any federal state, federal laws and laws of the subjects are in force. The laws in force form a system of legislation. The highest legal force presupposes that no other legal act should contradict the law, cannot either cancel or change it; but the law can cancel or change any other legal act. The content of the law forms primary norms, which in some cases receive further concretization and development in bylaws.

2. By-law legal act(normative) is adopted by public authorities within their competence and, as a rule, on the basis of law. As a general rule, by-laws must comply with laws. By-laws of Russia include regulations (that is, decrees containing legal norms) of the President of Russia, regulations of the chambers of the Federal Assembly (adopted on issues of their jurisdiction), regulations of the Government of Russia, various regulations (orders, instructions, regulations, etc. .) federal ministries and departments, other federal executive bodies, other federal state bodies. It is also necessary to highlight the regulatory legal acts of local governments (this is why the by-law is adopted not only by state bodies), issued in accordance with the higher laws and by-laws and affecting public relations strictly on the territory of this municipality.

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

The following hierarchical system of normative legal acts has been established in Russia :

1. The Constitution of Russia.

2. 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.

3. Laws: Federal Constitutional Laws, Codes and Federal Laws.

4. By-laws:

5. Decrees of the President of Russia,

6. Resolutions of the Government of Russia.

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

8. constitutions (charters) of the constituent entities of the Russian Federation;

9. laws of the constituent entities of the Russian Federation;

10. normative legal acts of the executive bodies of state power of the constituent entities of the Russian Federation;

11.regulatory legal acts of local self-government bodies

12. Local regulations.

Depending on the content: sectoral (norms of law, united by common features), civil law criminal law etc. complex

ACTS of the USSR - there are also.

Let's consider the types of regulatory legal acts of the Russian Federation in more detail.

1. The Constitution (Basic Law) of the Russian Federation adopted on December 12, 1993, is the basis of all Russian legislation. The supreme normative legal act having supreme legal force, supremacy and direct effect on the territory of the entire country. She must correspond all laws and other legal acts adopted in the Russian Federation(Article 15 of the Constitution of the Russian Federation).

The Constitution of the Russian Federation defines the Russian Federation as a democratic federal state with a republican form of government.

Its supremacy in the system of normative acts of the Russian state is determined by the following: 1). The Constitution was adopted by referendum as a result of the free expression of the will of the entire people; 2). The Constitution establishes the basic principles, principles, norms of the social and state system; 3). The Constitution contains a list of fundamental human and civil rights and freedoms; 4). The constitution fixes the structure and competence of the highest bodies of state power and administration; five). The Constitution is adopted, changed as a result of compliance with the complicated procedure of lawmaking; 6). The Constitution establishes the system of election and the powers of the President of Russia; 7). The Constitution establishes the system of judicial and executive power, the starting norms of local self-government.

Its purpose is to ensure the observance of the rights and freedoms of citizens, the stability of the state system, the economic and social development of the country, and its international relations. Therefore, the requirement to comply with the Constitution of the Russian Federation is equally necessary both for Russia as a whole and for individual subjects of the Federation and municipalities.

The text of the Constitution of the Russian Federation consists of 137 articles, contains norms related to various branches of law.

The main provisions of the Constitution of the Russian Federation (Chap. 1, 2 and 9 of the Constitution of the Russian Federation) can be revised only in a special procedure for convening the Constitutional Assembly, with the development of a draft of a new Constitution of the Russian Federation, subject to approval in a special order by the Constitutional Assembly or submission to a national vote (Article 135 of the Constitution RF).

Amendments to other chapters of the Constitution of the Russian Federation are also adopted in a special order (Article 136 of the Constitution of the Russian Federation).

2. Federal laws Russian Federation- they also have supremacy throughout its territory; they have supreme legal force in relation to other normative acts (except for the Constitution of the Russian Federation) issued in the Russian Federation on issues related to the subjects of its jurisdiction and joint jurisdiction of the Federation and its subjects (Articles 71-72 Constitution of the Russian Federation) and its subjects.

Federal laws are adopted in the Russian Federation by the State Duma, after which they are submitted to the Federation Council for approval. A law is considered approved if more than half of the total number of members of this chamber voted for it, or if it has not been considered by the Federation Council within fourteen days. The role of the President of the Russian Federation in the adoption of laws (along with the right to legislative initiative) is to sign it within fourteen days and make it public.

A special group of federal laws - constitutional laws that are adopted on the issues of the Constitution of the Russian Federation and differ in a special procedure for adoption - is it required? votes from the total number of members of the Federation Council and 2/3 votes from the total number of members of the Duma. In contrast, for example, such an important law as the Civil Code of the Russian Federation was adopted by a simple majority of votes.

The law of June 14, 1994 recognizes the date when the federal law was adopted by the State Duma in the final version, and the federal constitutional law - the day of its approval by the chambers of the Federal Assembly in the manner prescribed by the Constitution of the Russian Federation.

Federal laws cannot contradict federal constitutional laws, since the latter have a higher legal force (part 3 of article 76 of the Constitution of the Russian Federation).

In accordance with the Constitution of the Russian Federation, the constituent entities of the Federation (republics, territories, regions, autonomous regions, autonomous districts and cities of federal significance) exercise their own legal regulation on matters of their jurisdiction, including the adoption of laws. In the event of a conflict between the federal law issued in accordance with Part No. 1.2 tbsp. 76 of the Constitution of the Russian Federation, and other act issued in the Russian Federation, the federal law is in force (part 5 of article 76 of the Constitution of the Russian Federation). Such laws cannot contradict federal law. This is the manifestation of the principle of the unity of legal regulation and legal regime on the territory of the entire state.

The laws also have a direct effect on the territory of Russia (part 1 of article 76 of the Constitution of the Russian Federation). On subjects of joint jurisdiction, federal laws are issued together with laws and other acts of the constituent entities of the Federation, adopted in accordance with federal laws (part 2 of article 76 of the Constitution of the Russian Federation).

Federal constitutional laws are adopted on issues directly provided for by the Constitution of the Russian Federation. These include laws on a referendum (paragraph "c" of Article 84 of the Constitution of the Russian Federation); on the introduction of a regime of martial law or a state of emergency (part 3 of article 87 and 88 of the Constitution of the Russian Federation); on the procedure for the activity of the Government of the Russian Federation (part 2 of article 114 of the Constitution of the Russian Federation) and other laws.

Legal regulation in the Russian Federation is not limited to laws alone. Corresponding relations are regulated by acts of the President, the Government, as well as ministries and other federal authorities, that is, bylaws.

3. Decrees of the President of the Russian Federation - issued by the President for a wide range of powers of the head of state, provided for by the Constitution (Chapter 4 of the Constitution of the Russian Federation).

Unlike laws, presidential decrees can be both normative and individual legal acts. The latter include, for example, decrees on the awarding of orders and medals to citizens, on the appointment and dismissal of senior officials, on the conferring of military ranks, on the admission to Russian citizenship.

Decrees of the President should be distinguished from his orders, which are not of a normative nature.

Decrees of the President of the Russian Federation are binding on the entire territory of the Russian Federation (part 2 of article 90 of the Constitution of the Russian Federation). This is the basis of the obligatory nature of the decrees of the President, issued within the limits of his competence and the subjects of jurisdiction and powers of the Russian Federation, in relation to the actions and acts of the bodies of the constituent entities of the Russian Federation. Compared to laws, decrees are relatively quickly adopted and come into force.

In the event of a disagreement between the federal bodies of state power and the bodies of state power of the constituent entities of the Federation, the President can use conciliation procedures to resolve the differences, and if an agreed decision is not reached, transfer the resolution of the dispute to the appropriate court (part 1 of article 85 of the Constitution of the Russian Federation).

As for the federal executive bodies and the Presidential Administration, by virtue of the powers of the head of state, presidential decrees are mandatory for all the named bodies and officials "in a straight vertical line."

The decrees of the President of Russia are not must contradict the Constitution of the Russian Federation and federal laws (part 3 of article 90 of the Constitution of the Russian Federation). If the decree of the President contradicts the Constitution and the laws of Russia on the basis of the conclusion of the Constitutional Court of the Russian Federation, the decree becomes invalid.

This provision sometimes provides a basis for the conclusion about the unconditional classification of presidential decrees among subordinate acts. However, at the same time, they forget about the principle of separation of powers and the powers of the President as the guarantor of the Constitution of Russia, the rights and freedoms of man and citizen, who takes measures to ensure the independence and integrity of the state, the coordinated functioning and interaction of public authorities (part 2 of article 80 of the Constitution of the Russian Federation ).

The President of the Russian Federation is authorized to take such measures not only "on the basis of laws" (the main formula of the subordinate nature of the act), but also in lack of law. And such a situation, unfortunately, at the present time of the transitional, unstable development of the country appears more than once. This, for example, is the case with the exercise of the private property rights of citizens to land, provided for in Art. 9 and part 1 of Art. 36 of the Constitution of the Russian Federation, the implementation of the second stage of paid privatization and even with the adoption of laws on martial law.

Can we, say, expect that the President will turn to the Federal Assembly with a proposal to introduce martial law without taking independent measures to repel aggression against even the smallest and most remote region of Russia? It is unlikely that this follows from the Constitution of Russia. On the contrary, Art. 80 of the Constitution of the Russian Federation directly authorizes the President to act independently in this case.

The situation is similar with ensuring the rights of citizens, a single economic space and free movement of goods and services, etc.

In such cases, the President is obliged to take regulatory and legal measures to ensure the norms of the Constitution pending the adoption of federal laws. In the annual messages of the President to the Federal Assembly, attention has been repeatedly drawn to this. In the context of the country's still unstable development, such a practice seems to be simply necessary. This possibility also follows from the formula - "decrees., Should not contradict the Constitution and laws."

In modern developed states, civilized provisions on "delegated legislation" directly provided for by constitutions have been adopted, authorizing the president or government of the country to adopt legislative acts in the manner prescribed by the constitution (see, for example, the Constitutions of Spain, France, Italy). Unfortunately, in Russia the same attitude to “delegated legislation” arising from the “omnipotence” of the legislative body remains, while many states have recognized the rationality and necessity of this practice.

The next in terms of legal force type of by-laws are the decrees of the Government of the Russian Federation.

4. Resolution of the Government of the Russian Federation. According to V.M. Raw, annually the Government adopts more than 1000 regulations on various issues. Approximately every third federal law contains an order for the Government to develop "in its own execution" certain normative acts.

The Government of the Russian Federation exercises executive power in the country, adopts resolutions and issues orders. Decisions that are of a normative nature or of most importance are issued in the form of decrees. Decisions on current and operational issues are issued in the form of orders (Article 115 of the Constitution of the Russian Federation). A feature of the Government's acts is that they can be adopted only on the basis and pursuant to the Constitution of the Russian Federation, laws of the Russian Federation, as well as decrees of the President of the Russian Federation, and can be canceled by the President if they contradict the Constitution of the Russian Federation, federal laws and presidential decrees (Art. 115 of the Constitution of the Russian Federation).

This constitutional formula directly implies the subordinate nature and even the "sub-indication" of the decrees of the Government of the Russian Federation.

The execution of decrees of the Government of the Russian Federation is ensured within the scope of the jurisdiction and powers of the Russian Federation and the joint jurisdiction of the Federation with its constituent entities. Within these limits, “the executive authorities of the constituent entities of the Federation form a single system of executive power in the Russian Federation” (part 2 of article 77 of the Constitution of the Russian Federation). Therefore, there are no legal conflicts not provided for by the Constitution of Russia. Practical inconsistencies and disputes, of course, do take place, but they are quite resolvable within the framework of interaction between the authorities of the Russian Federation and its subjects on the basis of existing laws.

5. Normative legal acts of ministries and other federal executive bodies (departments). Their peculiarity lies in the fact that ministries and departments (the departments include: state committee, committee, federal service, Russian agency, federal inspectorate) can issue orders and instructions containing the rules of law, in cases and within the limits stipulated by the laws of the Russian Federation, decrees of the President , by government decrees.

The acts of this group are very numerous and varied. These include orders and instructions, decrees, regulations, letters, statutes, etc. All of them are issued to implement the functions of state administration in various spheres of public life and are mandatory for all organizations, institutions and officials subordinate to ministries and departments.

Normative acts of ministries and departments are inferior to decrees of the President and decrees of the Government in terms of legal force. Most of the acts of ministries and departments are acts of internal action, i.e. regulate only the structure and procedure for the functioning of the relevant department and are obligatory only for employees of this department. Some ministries and departments may issue acts of external action, mandatory for citizens and organizations not subordinate to this department (for example, acts of the Ministry of Internal Affairs, Central Bank of the Russian Federation, Ministry of Finance of the Ministry of Transport, sanitary and epidemiological supervision, tax service and many other bodies. ).

The publication of such "departmental", as they are often called, acts are stipulated by the Federal Constitutional Law "On the Government of the Russian Federation", regulations on ministries and other federal executive bodies.

Normative acts of ministries and departments regulating the rights and freedoms of citizens, as well as acts of an interdepartmental nature, are subject to mandatory registration with the Ministry of Justice of the Russian Federation. Acts that have not passed such registration do not enter into force and do not entail legal consequences. Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not published (part 3 of article 15 of the Constitution).

Registration with the Ministry of Justice of the Russian Federation is necessary to verify the legality of the rule-making decision of the ministry or department: it is checked whether this act infringes upon the rights and freedoms of citizens, whether they are assigned additional obligations not provided for by the legislation of the Russian Federation.

The normative acts of ministries and departments cannot be referred to by the courts when resolving disputes.

In the Russian Federation, the executive bodies of the constituent entities of the Federation, as well as local self-government bodies, are also vested with the right to issue by-laws.

6. Normative legal acts of the constituent entities of the Russian Federation and local self-government. Local acts. The authorities and administrations of the constituent entities of the Federation, solving the tasks that face them, and according to their competence, make decisions, expressing them in normative legal acts. The normative legal acts issued by them apply only to the territory of the respective regions. They are accepted in accordance with applicable federal laws and cannot contradict them.

The normative legal acts of local self-government are an independent system, independent of government bodies, but subordinate to the Constitution and laws of the Russian Federation and the constituent entities of the Federation. These acts are issued by municipalities, councils and heads of self-governing territories - urban and rural settlements, as well as directly by the population itself. Regulatory legal acts include decrees of heads of municipalities, districts, cities, villages and townships, special territories, closed cities and towns.

Acts of municipal bodies and heads of administrations, settlement and village gatherings (assemblies) of citizens establish mandatory norms rights for the population of self-governing territories, institutions and organizations operating within these territories.

In accordance with the Constitution of the Russian Federation, certain powers of state bodies can be transferred to local self-government bodies, provided that material and financial resources are transferred with them from the budget of the city, district (Article 132 of the Constitution of the Russian Federation). Acts of local governments establish the status of the municipal territory and its bodies, the procedure for managing municipal property, taxes and fees, rules of public order and other norms of local importance

Execution of acts of local self-government bodies is ensured by administrative measures and protected in court.

In the theory of law local regulations also called legal documents containing the rules of law adopted by the subjects of management at the enterprise, in the organization, etc. Regional and regional administrations of the constituent entities of the Federation have the right to adopt resolutions, orders, orders. The head of the administration, on issues within his competence, can issue decrees and orders.

There are also local acts of state and non-state institutions and organizations of various forms of ownership. 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 bylaws and in most cases, in order to acquire legal force, they must be registered with the appropriate municipal authority (for example, the charter of a limited liability company).

At present, there are known discrepancies between federal laws and the laws of the constituent entities of the Federation. There are also mutual claims and disagreements between the parties. However, they are gradually being overcome in the process of concluding treaties between the Federation and its subjects, and in some cases - by decisions of the Constitutional Court of the Russian Federation.

Along with the laws of the subjects of the Federation, the presidents of the republics, governors, heads of administrations of territories, regions, autonomous districts and autonomous regions, mayors of cities of federal significance, as well as governments, departments and other executive bodies of the subjects of the Federation issue decrees, resolutions, orders and instructions in accordance with their powers, determined by constitutions, statutes. These acts are adopted on the basis of the powers of each of the bodies, in accordance with the constitutions, statutes and laws of the subject of the Federation, as well as in accordance with the federal Constitution and laws.

In accordance with the Constitution of the Russian Federation and the laws of the Federation and its constituent entities, various institutions, enterprises, public and economic associations, including commercial organizations, are formed at the state and public level. Each institution, enterprise or organization has its own charter, regulation or other constituent document, internal regulations for employees and administration, rules for the participation of members of this organization in the management of its activities, rules for accounting for economic and financial activities, rules for relationships with clients, etc.

All such rules, if they are established by the organization itself, its bodies on the basis of laws and other acts of state bodies, are called corporate acts and norms that are important for the internal activities of an institution, enterprise, joint-stock company or other commercial organization. They determine the internal work schedule, the rights and obligations of members or work collectives, and the management procedure.

Typical examples today can be the charters and rules of the internal organization of a joint-stock company, a non-profit foundation, a public organization, or a state institution.

All these acts are subject to registration or approval by state or corporate bodies (for public organizations, including trade unions). Their action has legal significance, which has significantly increased in modern conditions of free education and the activities of public and commercial organizations.

Public relations can be regulated by such sources of law as a contract and a custom sanctioned by the state.

7. Regulatory contract. Contract - an effective legal tool for determining the rights and obligations, the rules of the relationship between citizens and legal entities. It is of great importance in relations between states. However, the contract is equally important as one of the main sources of law in the field of commercial relations and property turnover.

Regulatory agreement - an agreement with the participation of authorized government agencies, containing legal norms. Mandatory for a large, formally not defined circle of people, designed for repeated use.

From a legal point of view, a contract is usually an agreement between two or more persons to establish, change or terminate civil rights and obligations. The content of the contract is therefore mutually established legal rights and obligations. The contract is concluded on the following principles:

1) equality;
2) autonomy (independence) of the parties;
3) property liability for violation of an obligation.

Signs of a regulatory contract:

- the legal framework - supplements and specifies the current legislation, the higher the position in the management hierarchy is occupied by the participating state body, the higher the legal force of the contract;
- are in the public interest, the goal is to achieve the common good;
- contains rules governing the behavior of not only the direct parties to the agreement, but also other subjects;
- uncertainty, multiple addressees;
- designed for long-term action and repeated use;
- formalized confinement system;
- unilateral modification or refusal to execute is unacceptable;
- publicity, public availability - official publication, confidentiality is not applicable.

The peculiarity of the contract as a subordinate source of law is that the parties can conclude both a contract provided for and not provided for by law or other legal acts. The main requirement for the form, content and subject of the contract is that it does not contradict the current legislation.

The terms of the contract must comply with the norms contained in the legislation. Otherwise, it can be declared invalid. At the same time, the legislator established the legal priority of the contract over the law adopted after the conclusion of the contract (clause 2 of article 422 of the Civil Code of the Russian Federation).

8. Custom as a source of law.

Legal custom- a generally recognized rule that has developed as a result of long-term application, which is not officially recorded in a regulatory legal act.

The peculiarity of the custom is that it is a rule of behavior that has become a habit. From a legal point of view, custom is an unwritten source of law, characterized by disorder, plurality and diversity.

State-sanctioned custom is a very rare form of law.

9. Precedent- a rule, a general legal provision, newly formulated in a court decision, to which a generally binding significance is attached, serves as a standard when the courts consider similar cases. Published for general information in the official publications of the highest judicial authorities.

Legal acts- these are official documents of the competent state bodies aimed at achieving any legal consequences.

General signs of legal acts:

come from the state, are associated with its powers of power;
are binding on the persons to whom they are addressed;
entail legal consequences, i.e. affect the responsibilities of the subjects;
supported by the force of state coercion.

Types of legal acts depending on the resulting legal consequences:

normative legal acts (NLA) - aimed at establishing, changing or canceling;
acts of interpretation (interpretational) - aimed at clarifying the rules of law;
acts of application of law (or law enforcement, individual legal) - are aimed at the implementation of the prescriptions of legal norms.

It is necessary to strictly distinguish between law enforcement acts, normative acts and acts of interpretation of the rules of law.

Normative legal act

Normative legal act is a legal act adopted by an authorized body and containing legal norms, i.e. general and permanent prescriptions for repeated use.

Important! It should be borne in mind that:

Each case is unique and individual.
Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

Normative acts are issued by bodies with rule-making competence in a strictly established form. A normative act is an official document, a carrier of legally significant information.

Comment

Regulation of public relations by virtue of the current legislation cannot be carried out by a legal act in the form of a letter, in the absence of registration of the relevant document and its official publication (see, for example, the Supreme Court of the Russian Federation of July 16, 2018 N VKAPI18-20 "On invalidating the letter of the Ministry of Internal Affairs of the Russian Federation of April 26, 2007 N 1/3315, the Ministry of Defense of the Russian Federation of 05/02/2007 N 180/4 / 1-483, PF RF dated 02.05.2007 N GB-25-26 / 4730 "On the form of a certificate issued to those who have the right to simultaneously receive two pensions provided for by the Law of the Russian Federation of 02.12.1993 N 4468-1" ).

By legal force all regulations are divided into two groups:

the laws;
regulations.

Types of laws

The Constitution (the law of laws) is a fundamental constituent political and legal act that enshrines the constitutional system, human and civil rights and freedoms, determines the form of government and state structure, and establishes federal bodies of state power;
federal constitutional laws- are adopted on issues provided for and organically related to the Constitution of the Russian Federation (for example, federal constitutional laws on arbitration courts, on military courts, on the Constitutional Court of the Russian Federation, on the judicial system, on a referendum, on the Government of Russia, etc.);
federal laws- these are acts of current legislation on various aspects of the socio-economic, political and spiritual life of society (for example, the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Family Code of the Russian Federation, etc.);
laws of the subjects of the Federation- are published by their representative bodies and their effect applies only to the relevant territory (for example, the law of the Saratov region on municipal service in the Saratov region, on social guarantees, etc.).

Types of bylaws

decrees of the President of the Russian Federation (by-laws of the highest legal force);
decrees of the Government of the Russian Federation (acts of the executive body of the state, endowed with broad competence in managing public processes);
orders, instructions, regulations of ministries, departments, state committees (regulate, as a rule, public relations that are within the competence of this executive structure);
decisions and decrees of local government bodies;
decisions, orders, decisions of local government bodies;
regulations of municipal authorities;
local regulations (regulations adopted at the level of a particular enterprise, institution and organization, for example, internal labor regulations).

Enforcement act

Enforcement act - one of the types of legal acts, a well-known official document issued by a competent authority or official on a case (issue) in relation to a specific subject or subjects on the basis of the relevant legal norm.

The purpose of the acts of application of law follows from their name - they are called upon to apply legal norms to the relevant persons, but in no case create new norms or change or supplement old ones; it is not their function.

Typical signs of law enforcement acts:

have an individually defined character, i.e. refer to specific persons who can be named by name (for example, a court verdict, an order to dismiss an employee from work, a decree on awarding a citizen with an order);
are overbearing and binding, since they come from the state or, with its consent, from public associations, local governments, other structures and entities (delegated powers); failure to comply with such acts may be subject to sanctions;
do not contain legal norms(general rules of conduct), therefore, are not the source and form of law; their purpose is not to create, but to apply the rules of law;
act as legal facts that give rise to specific legal relations between the one who applies the norm and the one to whom it is applied; thereby, these acts carry out local (casual) legal regulation, specifying general prescriptions;
are exhausted by a single use and other situations and other subjects do not apply; after a single use, they cease to be effective;
provided by government coercion, since we are talking about the implementation of the legislator, even if this requires the use of power.

It should be borne in mind that not all official documents are law enforcement acts (for example, various types of certificates, receipts, invoices, payment orders, diplomas, certificates, letters, identity cards, etc.), since they do not fit the above signs. Such "government papers" act as technical and operational means of service relationships between citizens and organizations, as well as the latter among themselves.

A classic law enforcement act (for example, a court verdict) should:

have the necessary external attributes (requisites), i.e. meet the established rules and requirements (place and time of issue, date, signature, seal, reference to the law, by whom it was issued, etc.);
have a certain internal structure: a descriptive part, motivational and resolution, in which the decision itself is stated. Without some elements of such attributes, the most important act may lose its legal force.

Correlation between normative legal and law enforcement acts

Normative and individual legal acts are often confused.

Indeed, they have a lot in common:

both of them are categorical and imperious in nature, supported by the force of state coercion to fulfill the instructions contained in them;
they are published (accepted) by a strictly defined circle of specially authorized persons;
they have a clear structure and attributes, violation of the requirements of which makes them invalid;
they directly regulate social relations;
have the same focus on streamlining relations, strengthening the rule of law and ensuring law and order, etc.

Distinctive features (characteristic features) of the law enforcement act are indicated above.

A normative legal act is an official document adopted by a competent subject of lawmaking activity in a special order, containing the norms of law, having its own details, structure, and a special order of entry into force.

Signs:

1. Official document - any official document is always in writing.

2. Always contains the rules of law

3. Accepted by the competent state. bodies, non-state actors in lawmaking, the government, the president, non-state actors in lawmaking (local self-government bodies), or by the population in a referendum

4. Accepted in a special procedural order

5. Has its own details: name (law, regulation, order, decree), title, date and place of adoption, date of entry into force, signatures of officials, etc. Title of the act - name, date and places of adoption.

6. Has its own internal structure - the normative material is distributed in parts, sections, chapters, chapters - consist of parts, and some - from points.

Types of regulatory legal acts:

1. By scope

federal, subjects of the federation, bodies of local self-government, local

2. By the terms of validity:

permanent, temporary (where the validity period of the act is indicated)

3. On the subject of legal regulation:

constitutional, civil, etc.

4. On the subjects of law-making:

referendum acts, acts of state bodies. authorities, sanctioned legal acts of non-state actors of lawmaking

5. By legal force:

laws, regulations

Laws: - this is a normative legal act, adopted in a special order by legislative (representative) authorities or directly at a referendum, regulating the most important social relations and possessing supreme legal force.

Signs:

1.variety of NPA

2. is adopted in a special procedural order, enshrined in the Constitution and the regulations of the Parliaments.

3. Adopted only by legislative (representative) bodies, or by referendum.

4. Regulates the most important social relations - regulating polit. the system of society, the most important relationship

5. It has the highest legal force - that is, all other legal acts are issued on the basis of laws and cannot contradict it

6.has a special order of entry into force

7.expresses the will and interests of society as a whole, if we are talking about a democratic state

Classification of laws:

1. By the time of action: temporary (emergency), permanent

2. By the circle of persons: general action (CRF), special (law on the status of judges, on the prosecutor's office, etc.)

3. By scope: federal and subjects

4. By legal force: KRF, FKZ, FZ (codified and ordinary), laws of the constituent entities of the Russian Federation (on issues of joint jurisdiction, on issues of their exclusive jurisdiction)

Constitution - This basic the law of the state, expressing the will and interests of the peoples as a whole, or of individual social strata (groups) of society and securing in their interests the most important principles of the social system and state organization of the corresponding country.

Basic properties of K .:

1.special subject that establishes K. or on whose behalf it is accepted

2. the constituent primary character of constitutional institutions - the people, being the bearer of sovereignty and the only source of power, establishes the foundations of the public and state. devices.

3.a special subject of constitutional regulation - is comprehensive and affects all spheres of society

4.Special legal properties:

The supremacy of K.

Higher legal force

Stability K.

Direct action

The core of the legal system

Special procedure for adoption, revision and amendment

Special protection

Types of constitutions:

1.by the subject of acceptance

opened and accepted by the people

2.flexible and rigid - in order of changes

3.in the form of expression - written (single legal regulation) and unwritten

4.real (the situation corresponds to reality) and fictitious - according to the nature of the implementation

By-laws- are issued by the competent authorities or officials of the state on the basis of and in the implementation of laws and contain legal norms

Types of bylaws of the Russian Federation:

1.regulatory decrees and orders of the President of the Russian Federation

2.regulations and orders of the government - general by-laws

3. departmental by-laws - orders, instructions, regulations of ministries, departments, state. committees

4. decisions and decrees of state bodies. authorities and administration of the subjects of the federation - decisions of the chairman of the regional government or

5. normative acts of municipal (non-state) bodies

4.5 - local

6.Local (intra-organizational regulations)

3. The action of the ABO in time, space and in the circle of persons:

Entry into force of a normative act and loss of legal entities. strength.

The NLA comes into force:

1.the entry can be indicated in the normative act itself:

A) from the moment of signing

B) from the moment of adoption

D) from the exact date

2.if there are no such indications, then after a certain period of time after publication

A) laws - after 10 days

B) regulations of the president and government - after 7 days

C) departmental legal acts come into force from the day they are assigned a serial number of the state. registration (in the Ministry of Justice of the Russian Federation)

D) extraordinary acts - with the occurrence of certain circumstances

E) there are legal acts that cannot be published; for acts that are not subject to publication - the introduction for them from the moment of actual receipt of the act by the performers

Loss of legal entities strength:

1.the validity period for which the law was issued has expired

2. as a result of direct cancellation of the act by publishing a decision of the competent authority about it

3.in connection with the issuance of a new normative act replacing the previous one

4.for emergency acts - change of circumstances

Retroactivity - the extension of the law to events that took place before joining the legal entity. strength; as a general rule, the law does not have retroactive effect. Exception to the rule:
1) when the legislator directly gives retroactive legal force

2) the issuance of acts mitigating or eliminating legal entities. responsibility or punishability

Ultra-activity (experiencing the law) - the law or part of it loses its force on special instructions can continue to regulate certain social relations

In space: territorial action of legal acts and extraterritorial action of legal acts. The territorial effect of an NLA means that it operates within the territory of the state. Acts valid throughout the state, acts of the subjects of the federation, acts of municipal bodies. What is meant by territory? This is the earth and water surface, airspace, bowels, territorial waters, continental sheikh. Extraterritorial action means the possibility of their application in relation to Russian citizens who are outside the Russian Federation. The conditional territory of the state is the territory of embassies, consulates, military units deployed abroad, the territory of civil ships and aircraft solons located in neutral territory, the territory of warships, as for warships and aircraft - wherever they are.

The action of the legal acts in the circle of persons . Legal acts apply to all addressees within the territorial scope of an act. There is a concept of a special action of the NLA - when it applies to certain categories of citizens (military regulations for example). There are 3 exceptions to the general rule: 1. Heads of state and government, employees of diplomatic and consular missions are endowed with diplomatic immunity, therefore, measures of responsibility and state cannot be applied to them. coercion for violation of criminal law and legislation on administrative offenses; 2. foreign persons and stateless persons (stateless persons) residing on the territory of the state, although they enjoy a wide range of rights and freedoms, along with citizens in some legal relations, cannot act as bearers of rights. 3. some normative acts, in particular, providing for criminal liability apply to citizens regardless of their location and regardless of whether they have already been punished according to the norms of foreign legislation or not.

This is a document of a legal orientation, it is adopted by the authorities competent in the issues that it is intended to resolve, each of its types is characterized by its own special procedure for creation. Acts are recorded on paper in the form of documents, established samples with characteristic details.

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A normative act, as a norm-forming document, is called a source of law, in fact it is a "repository" of legal norms. It should be determined that a rule of law is a written and documented rule that is mandatory for implementation and observance by each member of civil society.

This is a "brick" in the wall of any legal system. The state acts as a guarantor of their observance. If they are violated, civil or even criminal liability arises, also enshrined in special norms.

Normative acts have a number of characteristic features by which they can be distinguished from any other document. We list:

Published by authorized state bodies, local authorities, officials.
They are created and issued in a special order, which differs at different levels of adoption of documents, depending on which authority they are developed by. It is possible to identify the main stages that are common to everyone, until the moment of official publication, it goes through several stages: preparation of the project, adoption, signing, state registration.
The norms prescribed in them are focused exclusively on everyone, act constantly, they are applied repeatedly until the acts are canceled or amended, by virtue of which the norms will become inoperative.

Normative legal act - legislative formulation. The same concept is used in many sources of legal literature. Lawyers often use a more abbreviated version of "regulatory". There is one more term - "legal act". What is the meaning of such diversity, and is there a difference between them?

"Regulatory" and "legal" are not the same

"Normative act", as a concept, is somewhat narrower than the definition of "legal". The latter include all documents of a legal nature, whether they are adopted by state and municipal authorities, or official documents of legal entities: contracts, regulations, orders, decisions and protocols.

Legal theorists divide legal acts into groups:

Regulatory legal.
Non-normative, that is, they do not contain norms. The non-normative include, first of all, individual or, in other words, acts of the application of law.

Both groups are legal in nature, but at the same time there are differences between them, which are as follows:

In the first group, there are rules of behavior (legal norms), in the second, not, but it carries individual instructions and instructions.
Regulatory legal acts are applied many times, individual ones - once, their effect is terminated after the end of the relationship, the performance of the prescribed actions.
The former are addressed to an indefinite circle of individuals and legal entities, as a result of which they cover almost all social relations, the latter are published for each specific case or person individually (hence the other name “individual act”), and end after the expected events occur.
And, perhaps, the main difference: non-normative acts are issued for the purpose of applying and complying with the normative and legal ones.

Individuals include: a verdict or a court decision, an order for employment or dismissal, a decision of a meeting of the owners of an apartment building. All of them are based on the rules of law and published for their implementation.

Types of acts

Along with regulatory and non-regulatory, one more type of legal acts should be distinguished - explanatory and interpretive norms. They are aimed at explaining the meaning of the adopted document, the norms contained in it, and determine the effect of the rules established earlier.

Normative legal acts are decisive in public life and legal relations, therefore, we will dwell on them in more detail.

In the system of lawmaking, there is their division into such types as:

The laws.
Regulations.

It is based on their legal force, which directly depends on the position and competence of the publisher in the general hierarchy of government agencies.

For example, the documents adopted at the lower level of power (by the municipality) have the least power. The largest is for federal constitutional laws.

The platform for a separate by-law taken is a specific law, the level of which is higher, and the force, respectively, is greater. Let's take an example: presidential decrees, government decrees, ministerial orders. It should be remembered that such documents will be subordinate only if they contain the very "bricks" mentioned above.

There are also general and special acts. All persons are subject to general, and special to one or more categories.

Law and act: relationship of terms

The terms "law" and "act" relate quite simply. Lawyers are of the opinion that the law is the act. More precisely, it is a normative act endowed with supreme legal force, for the adoption of which a special procedure has been established.

In everyday life, and in legal bibliography, most often the term "law" is used in relation to any document that contains norms, regulations, instructions. Sometimes this term is used as a substitute for the concept of “legislation” as a whole. In principle, there should be no misunderstanding here, since it usually follows from the context that the entire legal framework is meant.

Systematization and levels

The set of regulations is a rather complex, multi-stage subordinate system. Its classification, based on various characteristics, fully covers and structures legislation.

Systematization occurs according to the following criteria:

On the subjects of lawmaking. The subjects include citizens (popular vote is one of the ways in which laws are passed), government bodies of the Russian Federation, constituent entities of the Russian Federation and local authorities.
By time: temporary and continuous.
In terms of legal force, this has already been said - these are laws and by-laws;

It is according to the last criterion that the following levels are distinguished:

Federal. This is the highest level of government. At this level, the State Duma is working on federal constitutional and federal laws, normative documents of the President of Russia and the Government are being developed;
Regional. At this stage, legislative acts are the prerogative of the constituent entities of the Federation. Charters, laws of representative bodies, governor's decrees, decrees of presidents of republics within the Federation, decrees of executive bodies of subjects are created;
Local. This is the level of lawmaking of municipalities.

It is worth considering the following varieties in more detail:

Federal laws regulate all areas of social and economic relations, or as lawyers say, all branches of law. They are called current or regular. First of all, these include codes: civil, land, tax, housing, criminal and many others, which are complexly structured documents covering all fundamental industry norms.
Municipal legal acts - local documents accepted by urban, rural or settlement formations. They are issued by councils, administrations or heads of municipalities and they differ in that their execution is mandatory only for residents of this district and does not go beyond the local territory.
Local regulations, are not included in the group of normative legal acts, rather they can be attributed to legal acts in general. They are developed by legal entities to formalize the provisions of codes and legislative innovations. They are prepared in the form of regulations, charters, orders and other internal documents that employers and employees are guided by in their professional activities.

Western and Eastern traditions of lawmaking

The history of law distinguishes between two well-established legislative approaches: Western and Eastern. What's the difference?

In the Eastern and Western traditions, the place and significance of legal acts in the life of the country and society are determined in different ways. The Constitution is generally recognized as the defining force and supreme law in the West. Then, according to the principles of subordination and mutual complementarity, the acts follow the steps of the legal system below. Civil society is governed by a legislatively enshrined norm on a daily basis.

However, in the countries of the eastern region, an important cell in the legal system is occupied by traditions and customs, which often have a religious background. Morals and patterns of behavior, tested by generations, can replace norms.

The main problems of the Russian legal system

In the process of its formation, the Russian legal system was more influenced by Western law than by Eastern one. Russia has always been characterized by low legal literacy of citizens, their "detachment" from the legislation. Citizens seem to live within the framework of the law, but on occasion they become unprotected, due to ignorance of their rights and responsibilities.

Of course, the problems of law should be discussed in a separate article, since each industry has its own shortcomings.

But, if we consider the system of legislation of the Russian Federation in general, a number of problems can be distinguished:

Spaces. Society and the state are always in the process of development, sometimes it happens that some relations and obligations remain unsettled.
Lack of uniform interpretation. Regulatory documents, in the absence of official clarifications, allow the existence of several opinions on the same issue.
There are no uniform principles according to which normative acts should come into force, there are no general rules for setting deadlines for publication.

Lawmaking

It is a creative activity for the preparation and implementation of regulatory legal acts.

There are four stages (stages) in the legislative process, each of which is characterized by a certain set of actions and rules:

The legislative initiative submits for consideration bills or amendments to them, proposals on the need for amendments to existing provisions.
Draft laws are considered by the committees of the chambers of the Federal Assembly of the Russian Federation, such a consideration is called preliminary.
Direct discussion in the State Duma. Three readings usually take place.
The final stage of lawmaking: the adoption or rejection of the bill.

Legal technique as part of the legal system

Legal technique is a toolkit for the legislative process. This is a certain set of rules, means, methods, with the help of which the meaning inherent in the normative documentation is expressed. Legal documents are distinguished by the presence of a special terminology, a special linguistic and syntactic structure of sentences, but at the same time they must "speak" in a language accessible to people.

The technique is designed to streamline and structure the texts so that the entire legal framework exists in a single style. Currently, it has become an independent industry, the study of which takes place along with others and allows you to master practical skills for the competent execution of legal documentation.

How laws work

The value and significance of a law is revealed only in the process of its work. It is not enough to release it, you still need to determine its scope.

Firstly, they are not always mandatory. The moment from which it becomes necessary to comply with the law, and liability arises for failure to comply, is the time of its entry into force. Its obligation lasts until canceled or terminated.

Secondly, some laws related to the subtype of special regulations work for certain categories of persons, for example, medical workers, military personnel, large families. According to the principle of territoriality, they apply to residents of the country or temporarily staying foreign citizens who are here during their operation.

Work on the preparation of legal acts is a significant and justified activity of the state, and they themselves, in any of their versions, are a necessary regulator of social, political, economic and interpersonal relations.