Based on what normative? Types of regulations. Information of an individual legal nature that has legal significance
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A normative legal act is a legal act adopted by an authorized body and containing legal norms, that is, instructions of a general nature and permanent effect, designed for repeated use.
It is widely used in all modern legal systems (especially in the countries of the Romano-Germanic legal family).
The advantages of a normative legal act in comparison with other forms of law are associated, first of all, with the increased role of the state as a coordinator of social life, identifying common interests and ensuring its centralized implementation, with the ability to adequately and quickly respond to changes in social needs, with a documentary written form, allowing you to easily and quickly convey the necessary information to the addressee, etc.
As the name itself suggests, this is an act of dual nature, i.e., both normative and legal. It should be distinguished from normative, but not legal acts (statutes of political parties, instructions for using household appliances, etc.) and from legal, but not normative acts (sentences and decisions of judicial bodies, orders on promotions, etc. ). The following features are characteristic of a normative legal act.
This is a power-volitional act emanating from the state (or recognized by it), the generally binding properties of which are derived from the power of the body that adopted it, and therefore it occupies a certain place in the hierarchy of normative acts. With its help, the law-making body exercises its powers in a certain area of public affairs management.
This is an act of lawmaking that establishes, changes or abolishes legal norms. The norms that make up the main content of a regulatory legal act are aimed at regulating the behavior of addressees with the help of mutually corresponding typical rights and obligations.
This is an official document with a clear structure and details. For optimal storage and transmission of legal information, it is performed in a special style using specific legal terms, concepts and methods of constructing text.
The preparation, adoption, implementation and repeal of a normative legal act take place in the order of sequential legal procedures designed to optimize both the content and form of the act itself, as well as the procedure for its creation and implementation.
Achieving the goals of a regulatory legal act is ensured by the economic, political, organizational, informational and punitive power of the state. Violation of it entails legal liability.
It should be borne in mind that regulatory legal acts operating within the borders of a certain state are combined into a closed hierarchical system. Each of the elements of this system must correspond not only to the competence of the body, but also to the hierarchical connections of the system as a whole. That normative act that conflicts with the constitution or another act of higher legal force falls out of this system and essentially becomes a form of manifestation of an offense. So not every act of lawmaking containing rules of law is a normative legal act.
TYPES OF REGULATIVE ACTS
According to their legal force, all regulations are divided into two large groups: laws and regulations.
Types of by-laws:
Presidential decrees and orders (the latter, unlike the former, are adopted more on procedural, current issues);
decrees and orders of the government - acts of the executive body of the state endowed with broad competence to manage social processes;
orders, instructions, regulations of ministries and departments - acts that, as a rule, regulate public relations that are within the competence of a given executive structure;
decisions and regulations of local government bodies;
decisions, orders, resolutions of local government bodies;
regulations of municipal authorities;
local regulations - regulations adopted at the level of a specific enterprise, institution and organization (for example, internal labor regulations).
Depending on the specifics of the legal status of the subject of lawmaking, all normative acts are divided into acts:
Government agencies;
other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.);
joint nature (state bodies and other social structures);
adopted in a referendum.
Types of regulatory legal acts depending on the scope:
Federal;
subjects of the federation;
local government bodies;
local.
Types of regulatory legal acts depending on the validity period:
Indefinitely long-term action;
temporary.
There are also such regulatory and legal acts as directives and regulations that are adopted by international organizations. Directives, as a rule, enable the state to specify the forms and methods of fulfilling its international obligations. The resolutions contain requirements that are subject to direct execution.
According to their legal force, regulations are divided into two large groups: laws and regulations.
Regulatory acts in Russia are divided into:
1) Depending on the specifics of the legal status of the subject of lawmaking on:
Regulatory acts of government bodies;
Regulatory acts of other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.);
Regulatory acts of a joint nature (of government agencies and other social structures);
Regulatory acts adopted at the referendum.
2) depending on the scope of action, on:
Federal;
Regulatory acts of the subjects of the Federation;
Local government bodies;
Local.
3) depending on the validity period, for:
Indefinitely long-term action;
Temporary.
A law is a normative act with the highest legal force, adopted in a special manner by the highest representative body of state power or directly by the people and regulating the most important social relations.
Laws can also be adopted in referendums - during a special procedure for the immediate, direct expression of the will of the population on one or another, usually a major issue of public life. In terms of content, the law, as a rule, regulates the most important social relations.
The 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, back in the 19th century, it was proposed to distinguish between 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 legislative body.
Mixing these values can lead to negative consequences. This happened, unfortunately, in the Constitution of the Russian Federation of 1993. All modern constitutions enshrine the principle of judicial independence. This is reflected 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 from 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 characteristics:
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 relationships in society.
The law has the highest legal force, which is manifested in the impossibility of its repeal by another body other than the one that adopted it, as well as in the fact that all other legal documents should not contradict the content of the law.
A law is a fundamental legal document. It serves as the basis, basis, and guideline for the rule-making activities of other government bodies and courts.
Considering the law as a normative legal act - a source of law, it is necessary to distinguish it from other legal acts:
firstly, from individual acts, i.e. acts containing individual instructions on specific, “one-time” issues, for example, appointment to a position, instructions to transfer property (such individual instructions are sometimes found in laws devoted to, say, privatization and management issues);
secondly, from interpretive acts, acts of interpretation, i.e. acts that provide only an explanation of existing norms, but do not establish new norms (such acts in most cases have other names, for example, “resolution”, “clarification”).
Laws in a democratic state should occupy first place among all sources of law, be the basis of the entire legal system, the basis of legality and strong legal order.
Legislation is the entire set of laws in force in the country.
It is necessary, however, to keep 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 decrees of the Government).
Currently, regulatory decrees of the President (as well as government decrees) adopted on issues related to the legislative field have appropriate, close to the law, legal force before 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 corresponding law shall apply.”
Legislation has its own clear system, classification of laws.
The laws are divided into:
a) constitution, constitutional;
b) ordinary.
Constitutional laws include, first of all, laws that introduce amendments and additions to the Constitution, as well as laws the need for publication of which is directly provided for by the constitution. The Constitution of the Russian Federation of 1993 names fourteen such constitutional laws. An example of the latter 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 and legal status of a subject of the Russian Federation (Article 137 of the Constitution of the Russian Federation). For constitutional laws, a more complex procedure has been established than for ordinary laws for their passage and adoption in the Federal Assembly. An adopted constitutional law cannot be vetoed by the President (Article 108 of the Constitution of the Russian Federation).
Ordinary laws are acts of current legislation devoted to various aspects of the economic, political, social, and spiritual life of society. They, like all laws, have the highest legal force, but they themselves must comply with the Constitution and constitutional laws. 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. The Fundamentals is a federal law that establishes principles and defines general provisions for the regulation of certain branches of law or areas of public life. A code is a law of a codification nature, which combines, on the basis of common principles, norms that regulate in sufficient detail a certain area of social relations. The code most often refers to one particular branch of law (for example, the Criminal Code, the Civil Procedure Code, the Code of Administrative Offenses).
In a federal state, such as Russia, federal laws and laws of the constituent entities of the Federation differ. Thus, in addition to the federal Law “On the Languages of the Peoples of the Russian Federation,” a number of republics (Karelia, Kalmykia, etc.) that are part of the Russian Federation have adopted their own laws on languages. Federal laws generally apply throughout the Federation. In case of discrepancy between the law of a subject of the Federation and the law of the Russian Federation, the federal law shall apply.
The Constitution as the fundamental constituent legal act of the country is the main, “title” law that defines the legal basis of the state, principles, structure, main characteristics of the political system, the rights and freedoms of citizens, the form of government and government, the justice system, etc.
The Russian Federation currently has a Constitution in force, adopted by referendum on December 12, 1993. The Constitution of the Russian Federation, in addition to a short preamble, contains the main, first, section of nine chapters:
1. Fundamentals of the constitutional system.
2. Rights and freedoms of man and citizen.
3. Federal structure.
4. President of the Russian Federation.
5. Federal Assembly.
6. Government of the Russian Federation.
7. Judicial power.
8. Local government.
9. Constitutional amendments and revision of the Constitution.
The special (second) section of the Constitution of the Russian Federation contains final and transitional provisions.
The very concept of “constitution” translated from Latin means establishment, establishment, structure. In ancient Rome, this was the name given to individual acts of imperial power.
The emergence of constitutions as the basic laws of the state is associated with the coming to power of the bourgeoisie, the emergence of a bourgeois state.
The first acts of the 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, the 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 during the 13th-20th centuries. All of them are not interconnected by a specific system and do not form a single act.
The first written constitution (i.e., representing a single fundamental law with an internal structure) can be called the US Constitution, adopted in 1787 and still in force. In Europe, the first written constitutions were the Constitutions of France and Poland in 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 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, fundamental rights, freedoms and responsibilities of man 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 government 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 legal system. It represents the basis for current legislation and 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 stipulates that the status of the capital of our state is established by federal law). As the legal basis of legislation, the Constitution is the center of the entire legal space. It contributes to the coherence of all legal development and 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 and in accordance with it. Strict and precise observance of the Constitution is the highest standard of behavior for all citizens, all public associations, and all government bodies.
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 the 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 and the political system. Constitutional laws are adopted on issues provided for by the Constitution (for example, the Law on a State of Emergency, the Law on the Procedure of the Government). A federal constitutional law is considered adopted if at least two-thirds of the total number of deputies of the State Duma votes 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 must be signed by the President of the Russian Federation and promulgated within fourteen days.
Among the laws should be highlighted:
a) federal laws - those that are adopted by the federal legislative body - the Federal Assembly - and apply to the entire territory of the Russian Federation,
b) laws of the subjects of the Federation (republican laws, laws of regions, territories) - those that are adopted in accordance with the distribution of competence by the republics and other subjects of the Federation and apply only to their territory.
The division of laws into branches of law is important. In accordance with this, sectoral laws should be differentiated. The most significant role in the legislative system (after constitutional laws) is played by: administrative laws; civil laws; marriage and family laws; criminal laws; land laws; financial and credit laws; labor laws; social security laws; procedural laws; environmental laws. In addition to sectoral ones, there are intersectoral laws that contain 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 normative legal acts of all types, and sometimes as a synonym for law. Therefore, when they talk about legislative acts, it means that we are talking about a system of laws in the narrow sense, and when they talk about acts of legislation, we can talk about not only laws.
All these “subtleties” need to be defined and designated so that, first of all, lawyers and other participants in public relations understand each other.
A normative legal act in which the law is expressed and consolidated can take different forms. Along with the most common form - the presentation of the law in a separate, isolated written act - the theory of law also identifies normative legal acts in the form of codes (collections, lists - lat.). Civil, criminal, family, labor and other codes are collections that unite an extensive set of legal norms under a single subject of regulation and, as a rule, method.
A code (codified act) is a single, consolidated, legally and logically integral, internally consistent law or other normative act that provides complete, generalized and systemic regulation of a given group of social relations.
Codified acts have different names - “codes”, “charters”, “regulations”, simply “laws”.
A special character in a federal state belongs to codified acts at the federal level. They contain basic and general provisions that are relevant 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 refer to the highest level of legislation. Each code is, as it were, an independent, developed legal “economy”, which should contain “everything” that is necessary for the legal regulation of a particular group of relations - general principles, and regulatory institutions of all main types of these relations, and law enforcement norms , etc. Moreover, all this regulatory material is brought into a single system, distributed into sections and chapters, and agreed upon.
Of significant importance in each code (codified act) are the “general part” or “general provisions”, where the Basic principles and norms, general principles and “spirit” of this branch of legislation are enshrined.
The main role in the legislative system is played by industry codes, i.e. codified acts that head the relevant branch of legislation. These codes gather into a single focus, bringing together the main content of a particular legislative branch. All other laws and other regulations in this industry are, as it were, adjusted to the industry code. Part one of the Civil Code of the Russian Federation directly states: “The norms of civil law contained in other laws must comply with this Code” (clause 2 of article 3).
In a number of cases, laws on individual problems, for example on issues of property, pledge, were previously issued as independent acts because the consolidated act - code (Civil Code) in which these problems would have received detailed and systematic regulation had not yet been adopted . It is therefore quite understandable, for example, that after the adoption of the Civil Code (Part One), most of the previously adopted individual laws were repealed.
By-laws are acts issued on the basis and in pursuance of laws that contain legal norms.
By-laws have less legal force than laws and are based on them. Despite the fact that in the normative legal regulation of social relations the main and decisive place is occupied by the law, by-laws are also very important in the life of any society, playing a supporting and detailing role.
Legal act- is a legal act issued or sanctioned by competent state bodies, possessing a state-authoritative character, having an official documentary form, containing mandatory rules of behavior and guaranteed by the coercive power of the state.
Depending on their legal force, regulations are divided into laws and regulations. A law is a normative legal act adopted in a special manner and having the highest legal force, expressing the state will on the most important issues of public life.
Types of laws in the Russian Federation:
- 1. Constitution of the Russian Federation
- 2. Federal constitutional laws
- 3. Federal laws
- 4. Laws of the subjects of the Russian Federation
Laws are basic and current. The basic laws include, first of all, the Constitution of the Russian Federation. The Constitution is the basic law of the state and society, regulating the most important aspects of their internal organization. Unlike other laws, the Constitution of the Russian Federation has the highest legal force: all other normative legal acts, including legislative ones, must not contradict constitutional provisions, and the laws themselves are adopted by those bodies and in the order that is established
Federal constitutional laws are those laws the adoption of which is provided for by the Constitution of the Russian Federation in a special, complicated manner. All other laws are called current. Among the mass of current laws, codes stand out - laws with the help of which legal norms in any particular branch of law are systematized. The totality of all existing laws is called legislation of the Russian Federation.
The laws are characterized by the following features:
- 1) are adopted only by the highest representative bodies of state power - the Federal Assembly of the Russian Federation or the parliaments of the constituent entities of the Russian Federation, in a special manner provided for by the Constitution of the Russian Federation, the constitution or charter of the constituent entity of the Russian Federation and the regulations of the relevant parliament;
- 2) regulate the most significant areas of social relations;
- 3) have the highest legal force: any other legal act issued not on the basis or in pursuance of the law, and especially not in accordance with or contrary to the law, is canceled in the prescribed manner;
- 4) have a special structure, consisting of a certain set of elements called details. The main details of the legislative act are:
- - the name of the body that adopted the law;
- - name of the law;
- - number and date of adoption of the law;
- - preamble, i.e. the introductory part, which indicates the motives, goals and objectives of the adoption of the law;
- - regulatory content of the law;
- - an indication of the entry into force of the law and the repeal of other legal acts that previously regulated these social relations;
- - signature of the relevant official (for laws of the Russian Federation - the President of the Russian Federation).
Each law consists of separate statements called clauses. An article may contain either one or several rules of law or parts of rules of law. Articles have a serial number. An article may be divided into parts, and the parts are sometimes divided into paragraphs and paragraphs. In most laws, parts of an article are designated by serial numbers, and paragraphs by letters. Paragraphs do not have numbers and are counted from the beginning of the paragraph, part or article. For ease of use of the law, its articles are combined into chapters, chapters into paragraphs, and paragraphs into sections.
Regulations- these are law-making acts of the competent authorities that are based on the law and do not contradict it. By-laws have less legal force than laws and are designed to specify the fundamental provisions of laws in relation to various life situations. The system of by-laws of the Russian Federation is headed by decrees of the President of the Russian Federation. The decrees of the President of the Russian Federation should not contradict decrees of the Government of Russia, departmental acts (orders and instructions of ministries and departments), as well as acts of local executive authorities.
For the correct application of legal norms, it is necessary to be able to accurately determine the effect of a normative legal act containing these norms in time, space and among a number of persons.
Effect of regulations over time is determined by two points: the moment a normative legal act comes into force and the moment it loses legal force. A regulatory legal act comes into force either from the time of its adoption or from the time specified in the act itself. In most cases, the act itself indicates the moment of its entry into force: the exact calendar date from which this regulatory legal act begins to operate is determined. If a normative legal act does not specify the start date of its validity, then it comes into force upon the expiration of a certain period after publication. Official publication is considered to be the publication of the text of a law (or other act) in a clearly defined publication, called official. For example, for federal laws, acts of the President of the Russian Federation, acts of the Government of the Russian Federation, this is the magazine “Collection of Legislation of the Russian Federation”, published weekly, as well as the daily newspaper “Rossiyskaya Gazeta”. Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information. Acts that are not subject to publication and are sent locally come into force from the moment they are received by the addressee.
The validity of regulatory legal acts is terminated in the following cases:
- 1) upon expiration of the act (self-cancellation);
- 2) in case of instructions from a state body to cancel the act (direct cancellation);
- 3) in the event of a new act on the same issues being adopted by the same or a higher government body (indirect cancellation).
The loss of legal force by a normative legal act may be temporary. Temporary loss occurs in the event of suspension of a normative legal act for a certain period, after which the normative legal act comes into force again.
Thus, as a general rule, the legal act that has entered into legal force and has not lost it should be applied. However, there are two exceptions to this rule:
- 1) in some cases, there may be a so-called survival of the law, which is the application of a canceled, no longer valid normative legal act to those legal relations that arose during the period of its validity;
- 2) sometimes a newly adopted normative legal act extends its effect to legal relations that arose before it entered into legal force. In such cases, they talk about the retroactive force of the law. As a general rule, most laws do not have retroactive effect. In particular, according to Art. 57 of the Constitution of the Russian Federation, laws establishing new taxes or worsening the rights of the taxpayer do not have retroactive force. The exception is criminal laws: they can have retroactive effect if they eliminate the punishability of an act or mitigate the punishment. Limits action of a normative legal act in space determined by the territory to which its regulations apply. A normative legal act can be valid in space throughout the entire territory of the state, in a certain part of the country and (in some cases) outside the state. As a rule, the effect of regulatory legal acts covers the territory that is under the jurisdiction of the government body that issued the regulatory legal act. Thus, the territory of the Russian Federation includes the territory of all its subjects, internal waters (rivers, lakes, inland sea) and the territorial sea, and the airspace above them. The regulations of the Russian Federation also apply on the continental shelf and in the exclusive economic zone (200-mile coastal strip), which, in accordance with international law, are not part of the territory of the state. Regulations may be of a general nature, i.e., act in relation to all citizens and legal entities located in the corresponding territory, or address only some of them (veterans, pensioners, students, military personnel, etc.). However, there are exceptions to this rule. A number of laws apply only to citizens of the state; they do not apply to stateless persons and foreigners. The procedure according to which laws do not apply to a particular space or persons is called extraterritoriality. Most often, heads of foreign states and governments, members of foreign state delegations, diplomatic and consular representatives of foreign states and members of their families fall under the principle of extraterritoriality. They are not subject to criminal law norms and legislation on administrative offenses. The question of the responsibility of these persons for the offenses they have committed is resolved diplomatically: most often they are declared persona non grata, that is, an undesirable person, and expelled from the country.
Normative act is an official document of a law-making body that contains legal norms.
Regulatory acts are created mainly by government bodies that have the right to make regulatory decisions on those issues that are transferred to them for resolution. At the same time, they express the will of the state. This is where their authority, formality, authoritarianism, and commitment come from.
Regulatory acts are characterized by the following signs.
Firstly, they have a law-making nature: in them the rules of law are established, or amended, or abolished. Normative acts are carriers, repositories, homes of legal norms, from which we draw knowledge about legal norms.
Secondly, normative acts should be issued only within the competence of the law-making body, otherwise on the same issue in the state there will be several normative decisions, between which contradictions are possible.
Third, normative acts are always presented in documentary form and must have the following details: type of normative act, its name, the body that adopted it, date, place of adoption of the act, number. The written form helps to achieve a uniform understanding of the requirements of legal norms, which is very important, since sanctions may be applied for non-compliance.
Fourth, each normative act must comply with the Constitution of the Russian Federation and not contradict those normative acts that have greater legal force in comparison with it.
Fifthly, all normative acts must be brought to the attention of citizens and organizations, i.e., published, and only after this the state has the right to demand their strict execution, based on the presumption of knowledge of the law, and to impose sanctions.
Requirements for regulatory acts. We will point out only the most important of them.
1. To have greater regulatory power, regulations must be of high quality. This can be achieved if they do not represent a figment of fantasy or the desire of law-making subjects, but reflect objective reality. In principle, this requirement is more general in nature and applies to legal norms in general. However, it is precisely when legal acts are adopted that the possibility of making voluntaristic decisions becomes most obvious.
However, the freedom of the legislator in making certain decisions is not unlimited. We have already spoken above about the objective conditioning of law by social relations. In the event that the adopted normative legal acts contradict objective reality, the norms contained in them will at least become “dead” and not applied in practice. In the event of an acute contradiction, the adoption of such an act is fraught with social upheaval. Any, even very good ideas, cannot be put into practice with the help of regulations if society has not “ripened” to them, if there are no necessary conditions. An example is the Election Law, which introduces elements of a proportional electoral system, i.e., representation of parties in parliament, in the absence of practically such in Russian reality (tadpole parties, i.e. parties that do not have an electorate, do not count ).
2. Regulatory acts must have a structure, and not represent a chaotic set of regulations. As a rule, a normative act has an introductory part called a preamble. It sets out the goals and objectives of the normative act and characterizes the socio-political situation existing at the time of its adoption. The first articles of a normative act may be devoted to defining the terminology used in the future. Then the construction of a normative act can fit into the following scheme: subjects of legal relations (for example, taxpayers and financial authorities), objects (received income), rights and obligations (obligation to pay taxes, the right to check the accuracy of their payment, etc.), benefits, incentive measures ( for example, tax exemption for small businesses for two years from the date of establishment) and sanctions (for tax evasion, a fine in the amount of a hidden amount). This order of arrangement of normative material is used in non-codified acts, the presence of which is inherent in “young”, recently emerged branches of law. “Old” branches of law are, as a rule, codified. Codes have a more complex structure.
3. Regulatory acts must be understandable to citizens. Moreover, here the legislator should focus not on intellectuals, but on people of average or even below average intellectual level. Regulatory acts must be presented in simple, clear language, have a strict style, comply with the laws of formal logic, and also not be too abstract in nature, but at the same time not get bogged down in details. They should not contain complex legal terms.
Regulatory acts, when drafted intelligently and skillfully, are a powerful weapon for transforming society. However, a lot depends on their developers, who must take into account objective realities as much as possible and completely discard their personal biases. If the stamp of subjectivism is excessively bright, then regulations can become a weapon of causing harm to the people. For example, the publication in 1991 of the Decree of the President of the Russian Federation, allowing freedom of trade, pursued a noble goal: to liberate citizens in the sphere of exchange. But the lack of thought in organizing the implementation of the Decree led to undesirable consequences: unsanitary conditions in cities, a surge in infectious diseases, etc. Therefore, it is extremely important to develop guidelines for the production of normative acts (law on the issuance of normative acts).
Types of regulations. Regulatory acts, depending on their legal force, can be divided into two large groups: laws and regulations. The term “legislation” is often used. This concept includes all regulations issued by federal and regional state bodies. This terminological name is justified because the basis of an integral system of normative acts is formed by laws.
Let us list and briefly describe the main types of regulations.
Laws- these are normative acts adopted in a special manner by legislative bodies, regulating the most important social relations and having the highest legal force.
Laws are the most significant type of regulations.
Firstly, laws can be passed by only one body - the parliament, which holds legislative power in the country. Thus, in the USA, laws are adopted by the US Congress, in Russia - by the Federal Assembly.
Secondly, laws are adopted in a special manner, which is called the legislative procedure.
Thirdly, laws regulate the most important relationships in society. Some countries have established a strict list of issues that must be resolved through the law. In other states, for example in Russia, there is no such list, so the Federal Assembly can formally pass a law on any issue. However, it is unlikely that Parliament will find it necessary to legislate on an issue that is not of primary importance.
Fourthly, laws have higher legal force compared to other types of regulations.
According to their significance, laws are divided into three groups: basic laws (constitutions) regulating fundamental issues of the life of the state (constitutional system, fundamental rights and freedoms of citizens, the system of state power, etc.);
- constitutional laws regulating issues of public life related to the subject of the Constitution (Law on Presidential Elections, Law on Elections to the State Duma, Law on the Judicial System, etc.). Such issues are generally regulated in the Constitution, but in constitutional laws they receive further development and detail. It is clear that constitutional laws should not contradict the Constitution of the Russian Federation;
- current (ordinary) laws adopted to regulate all other important issues in the life of society (for example, the Law on Joint Stock Companies, the Civil Code, the Criminal Code, the Law on Education, etc.). Current laws should also not contradict the Constitution of the Russian Federation and federal constitutional laws.
Type of current laws - codes, which represent complex systematized acts. As a rule, the code contains all or the most important rules of any branch of law in a certain order. Thus, the Criminal Code contains all the rules on crime and punishment, and the Civil Code contains the most important rules regulating property relations. Codes refer to the highest level of legislation. Each code is like a developed “legal economy”, which should contain everything that is necessary to regulate one or another group of social relations. Moreover, all this material is brought into a single system, distributed into sections and chapters, and agreed upon. As a rule, the code consists of two parts: general and special. The general part contains norms that are important for the application of any norm of the special part, that is, for any relationship regulated by the code. Thus, the Criminal Code in the General Part contains rules on the age at which criminal liability begins, the concept of a crime, a list of punishments, and the basic rules for their application. The Special Part provides for specific acts and punishments for them.
Legislative process. In Russia, laws are adopted by the State Duma, approved by the Federation Council and signed by the President. Such a complex procedure for the entry into force of laws is necessary in order to exclude the creation of hasty, ill-conceived, or even erroneous laws, to resolve the issue of the availability of financial resources necessary for its implementation, and to prevent contradictions in the legal system.
The legislative process goes through several stages in its development.
- Legislative initiative. This is the right of certain bodies and officials to raise the issue of issuing laws and submit their drafts for consideration by the State Duma, which gives rise to the obligation of the legislative body to consider them. This right is vested in the President, the Federation Council, the Government, the legislative bodies of the constituent entities of the Federation, the Constitutional, Supreme and Supreme Arbitration Courts, as well as members of the Federation Council and deputies of the State Duma. The range of subjects of legislative initiative, as we see, is not very wide. This is due, firstly, to the fact that its significant expansion will force the State Duma to spend the lion's share of time deciding whether to accept or reject the proposal. Secondly, these subjects have significant information about social life, which cannot always be said about other government bodies and citizens.
- Preparation of bills. Such preparation should begin with identifying social needs for the creation of legal norms based on a comprehensive study of social practice, scientific data, proposals of government bodies, political parties and other public associations, as well as individual citizens. Various bodies can prepare draft regulations. More often, the sectoral principle is used, which is far from flawless (the project is prepared by the body that is responsible for a particular area). Sometimes special commissions are formed to prepare bills. In addition, bills can be prepared on an alternative basis.
- Discussion of the bill. Occurs at a meeting of the legislative body and opens with a report from a representative of the subject who introduced the bill for discussion. Then the relevant committee of the legislative body gives its opinion. Next, deputies discuss, evaluate the bill, and make amendments to it. The draft may undergo several readings (discussions), the number of which is not limited by law.
- Adoption of the law. Carried out by open voting. Voting can be for the project as a whole or item by item. For the adoption of ordinary laws, a simple majority of voters is sufficient, for constitutional laws - two thirds of the total number of deputies. The law must be reviewed by the Federation Council within two weeks (which can approve or reject it), but if no consideration is given, the law is considered adopted. Within two weeks after this, the law must be signed by the President, who, in turn, can veto it.
- Publication of the law. This is the placement of the full text of a normative act in a publicly accessible printed publication, the publication of which is of an official nature. This stage is a necessary condition for the entry into force of any normative act, since otherwise it is impossible to apply sanctions for its non-compliance, and indeed to demand its compliance. Laws are published within 10 days after their signing in the “Collection of Legislation of the Russian Federation” and in the “Rossiyskaya Gazeta”. Other Russian regulations are also published there.
Decrees. They are issued by the President of Russia on issues within his competence, which is quite broad, since he is at the same time the head of state and, in fact, the head of the executive branch. If the decree contradicts the Constitution and laws of Russia, it may be declared invalid by the Constitutional Court. In terms of their content, Presidential decrees are mainly related to the specification and detailing of existing laws, the adoption of rules and regulations named in acts of parliament. Norm! The decrees of the President are explicit in nature, in which he acts as a guarantor of the Constitution of the Russian Federation or regulates the procedure for exercising the powers granted to him by the Constitution, in particular, on issues of the structure of executive power, defense, protection of public order, citizenship, and awards. Decrees are published in the “Collection of Legislation of the Russian Federation” (SZ RF).
Regulations. This type of regulations is issued by the Russian Government. The competence of the Government mainly includes resolving issues of a socio-economic nature (management of industry, agriculture, construction, transport and communications, social protection of the population, foreign economic relations, organization of the work of ministries and departments, etc.). A large number of Government acts are associated with the development of a mechanism and procedure for the execution of laws adopted by parliament. “Launching” them into life is a very important type of law-making activity carried out by the Government, since if a mechanism for implementing laws is not developed, they will lose their meaning. Resolutions are a mirror of the activities of the Government. Their analysis provides an answer to the question of whether the Government acted effectively, competently, and promptly. They are also published in the “Collection of Legislation of the Russian Federation”.
Instructions of ministries and departments. These bodies are created to manage this or that area of activity, the implementation of special executive, control, licensing or supervisory functions of the state. Their normative acts, in addition to instructions, are called by other terms: . orders, regulations, instructions, rules, charters, etc. But it is the instructions that play the leading role. They regulate the main types (forms) of official activities and the functional responsibilities of employees of a certain category. But there are instructions that are intersectoral in nature and apply not only to workers, but also to other organizations, to all citizens (instructions of the Ministry of Finance, the Central Bank, the Ministry of Transport, the Ministry of Labor, etc.). Such acts are subject to registration with the Ministry of Justice, where their legality is verified. Acts of ministries and departments are published in the “Bulletin of normative acts of ministries and departments”.
Regulatory acts of legislative (representative) bodies of the subjects of the Federation. Laws are their most common name. Not all subjects of the Federation are actively involved in lawmaking. In this regard, Moscow, St. Petersburg, Sverdlovsk and Saratov regions are actively showing themselves. Budget, taxes, privatization - these are the most serious issues of regional rule-making. Moreover, the adoption of acts of this kind requires the conclusion of the administration of the subject of the Federation.
Regulatory acts of governors of territories and regions (presidents of republics) are called decrees.
Regulatory acts of the administration of territories, regions (governments of republics). These acts are usually called resolutions. They can regulate various issues - leasing premises, land plots, collecting fees for travel on public transport, for training in children's music schools, etc.
Acts of both representative and executive bodies of the constituent entities of the Federation are published in local newspapers.
Acts of local government bodies are usually called decisions. They are published on issues of local importance concerning residents of cities, districts, villages, towns, villages (landscaping, landscaping, trade, utilities, consumer services, etc.).
Corporate (intra-organizational, intra-company) regulations. These are acts that are issued by various organizations to regulate their internal issues and apply to members of these organizations. Corporate acts regulate a wide variety of relations that arise in the specific activities of enterprises (issues of the use of their financial resources, management, personnel, social issues, etc.). In the process of reducing government interference in the affairs of enterprises and expanding their independence, corporate acts take on an increasing burden.
Regulatory acts in the Russian Federation
State legislation is formed as a result of the publication of legal norms, their consolidation in official acts and the systematization of these acts. A structural element of the legislative system is a normative legal act.
Normativity implies that legal documents contain rules of law (general rules of conduct established and protected from violation by the state).
Legal act- is an official document adopted (issued) by competent government bodies and containing generally binding legal norms.
A normative legal act is an official document of a permanent or temporary nature, aimed at establishing, changing the content or repealing legal norms. Regulatory legal acts are generally binding and are designed for repeated use.
A normative legal act is adopted (issued) in the manner and form determined by the Constitution of the Russian Federation and federal laws by a state authority or local government body vested with the right to adopt (issue) normative legal acts (hereinafter referred to as the law-making body), on the subjects of its jurisdiction, or in a referendum .
A normative legal act can be adopted (issued) jointly by several law-making bodies, as well as by one of these bodies in agreement with others.
Such an act always has a clear internal structure. The text, for ease of use, may have a preamble, be divided into sections, chapters, articles, paragraphs, paragraphs, parts, paragraphs, etc. This structure of a normative legal act is the result of a long development of the theory and practice of rule-making.
In a modern state, the entire set of normative and other legal acts of the state ultimately establishes a certain legal system of the state.
In the Russian Federation, regulatory legal actsthere are:
The Constitution of the Russian Federation is the fundamental law of the state;
laws of the Russian Federation on amendments to the Constitution of the Russian Federation, federal constitutional laws, federal laws;
regulatory resolutions of the chambers of the Federal Assembly of the Russian Federation;
regulatory decrees of the President of the Russian Federation;
regulatory decrees of the Government of the Russian Federation;
regulatory legal acts of federal ministries and other federal executive authorities;
regulatory guidelines, regulations, instructions of the Central Bank of the Russian Federation (Bank of Russia);
normative decisions of the Constitutional Court of the Russian Federation;
regulatory orders, instructions, orders, regulations and instructions of the Prosecutor General of the Russian Federation;
constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation;
regulatory legal acts of local government bodies.
The Constitution of the Russian Federation, laws and other regulatory legal acts of federal government bodies constitute federal legislation.
The sphere of exclusive regulation by the Constitution of the Russian Federation, federal constitutional laws and federal laws includes:
foundations of the constitutional system of the Russian Federation;
rights, freedoms and responsibilities of a person and a citizen, ways to ensure them, as well as legal liability and other coercive measures in relation to the individual;
legal status of public associations;
federal structure of the Russian Federation;
general principles of organization of local self-government;
establishing a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities, the formation of federal government bodies;
fundamentals of federal policy in the field of state, economic, environmental, social, cultural and national development of the Russian Federation;
the procedure for the formation and expenditure of federal budget funds, federal taxes and fees;
federal transport, communication routes;
defense, defense production, determination of the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property;
the procedure for introducing martial law or a state of emergency;
safety, production of toxic substances, narcotic drugs and the procedure for their use;
the procedure for ratification and denunciation of international treaties of the Russian Federation, ratification and denunciation of such treaties;
judicial system, prosecutor's office, civil, civil procedural, arbitration procedural, criminal, criminal procedural, criminal executive legislation, legal regulation of intellectual property.
Thus, laws on these issues are passed only at the federal level.
Federal laws can be adopted in the form of codes of the Russian Federation and the fundamentals of legislation of the Russian Federation.
Code of the Russian Federation - This is a federal law adopted on the subjects of jurisdiction of the Russian Federation, as well as on subjects of joint jurisdiction of the Russian Federation and its subjects, containing in a systematized form all or the main part of the legal norms governing a certain area of public relations.
Fundamentals of legislation of the Russian Federation - This is a federal law adopted on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, ensuring uniform legal regulation of certain social relations.
Today, the key law regulating relations in the field of protecting citizens’ health is Basicslegislation of the Russian Federation on health protectioncitizens dated July 22, 1993 No. 5487-1.
In order to ensure legal succession, the laws that were in force on the territory of the Russian Federation before the adoption of the Constitution of the Russian Federation (1993), upon its entry into force, acquired the status of federal laws and are applied on the territory of the Russian Federation until officially repealed to the extent that does not contradict the Constitution of the Russian Federation and federal constitutional laws , federal laws and international treaties of the Russian Federation. One of the trends in the development of the legislative system of the Russian Federation in the last decade is the integration into Russian legislation of generally recognized principles and norms of international law and international treaties of the Russian Federation. Generally recognized principles and norms of international law and international treaties of the Russian Federation occupy a separate position in the system of regulatory legal acts of the Russian Federation and are an integral part of its legal system.
International treaty of the Russian Federation- is an international agreement concluded by the Russian Federation with a foreign state (states) or with an international organization in writing and governed by international law, regardless of whether such an agreement is contained in one document or in several related documents, and also regardless of its specific name.
The procedure for concluding, implementing and terminating international treaties of the Russian Federation is determined by Federal Law No. 101-FZ dated July 15, 1995 “On International Treaties of the Russian Federation.”
If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply (Article 15 of the Constitution of the Russian Federation).
The Constitutional Court of the Russian Federation, within the limits of its powers, makes decisions, conclusions and determinations, as well as decisions on organizational issues.
The decisions of the Constitutional Court of the Russian Federation on recognizing normative legal acts or parts thereof as inconsistent with the Constitution of the Russian Federation are normative. Regulatory legal acts of the Constitutional Court of the Russian Federation are adopted on the basis of and in pursuance of the Constitution of the Russian Federation, Federal Constitutional Law No. 1 of July 21, 1994 - FKZ "On the Constitutional Court of the Russian Federation".
Subjects of the Russian Federation have their own constitutions (charters). The constitutions (statutes) of the constituent entities of the Russian Federation are adopted on the basis of the Constitution of the Russian Federation and cannot contradict it. State authorities of the constituent entities of the Russian Federation, within the limits of their powers, adopt (publish) laws and other regulatory legal acts in the manner prescribed by the legislation of the constituent entities of the Russian Federation. Regulatory legal acts of the constituent entities of the Russian Federation are adopted (issued) on the basis of and in pursuance of federal legislation, the constitution (charter) of the corresponding constituent entity of the Russian Federation and cannot contradict them. These regulations apply only to the territory of the relevant region.
Local government bodies, within the limits of their powers, adopt (issue) normative legal acts. Regulatory legal acts of local government bodies are adopted (issued) on the basis of and in pursuance of federal legislation, the constitution (charter), laws and other regulatory legal acts of the relevant subject of the Russian Federation and cannot contradict them.
The constitutions (statutes) of the constituent entities of the Russian Federation, laws and other regulatory legal acts of state authorities of the constituent entities of the Russian Federation and regulatory legal acts of local government bodies constitute the legislation of the constituent entities of the Russian Federation.
Federal legislation and the legislation of the constituent entities of the Russian Federation constitute the legislation of the Russian Federation.
Let us note that legislative acts, despite their broad regulatory content, cannot fully implement legal regulation of all health issues. Laws do not always indicate specific mechanisms for implementing the norms contained in them. That is why the role of legal acts of executive authorities, which ensure the implementation of legislative norms based on the real legal situation, is increasing.
Subordinate legal acts of federal executive authorities include: decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, decrees, orders and orders of various federal ministries and departments.
Regulatory acts of the President of the Russian Federation and the Government of the Russian Federation are the most important sources of law. They serve as the legal basis for the emergence, change and termination of administrative-legal relations that determine the rules of conduct in the field of public administration.
The procedure for the preparation, introduction, consideration, adoption (publication), entry into force and official publication of laws constituting the legislation of the Russian Federation and other normative legal acts is determined accordingly by the Constitution of the Russian Federation, Federal Constitutional Law of October 10, 1995 No. 2-FKZ "On the referendum of the Russian Federation ", other federal constitutional laws, Federal Law of July 15, 1995 No. 101-FZ "On International Treaties of the Russian Federation", Federal Law of June 14, 1994 No. 5-FZ "On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly", decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation, as well as the legislation of the constituent entities of the Russian Federation.
All regulatory legal acts have certain temporary, territorial restrictions (limits) of their existence and action, and also apply to a certain circle of persons. As a general rule, regulatory legal acts are applied to relations that took place during the period from their entry into force until they lose force.
The time limit for the validity of a normative act is the period from the moment it enters into legal force until the moment it is terminated.
In the Russian Federation, regulatory legal acts come into force in one of the following ways:
as a result of an indication in the text of a regulatory legal act on the calendar date from which the legal document comes into force;
as a result of indicating other circumstances with which the entry into legal force of the document is associated (for example, “from the moment of signing”, “from the date of publication”, etc.);
as a result of the application of the general rules specified in the legislation.
According to these general rules, laws and other normative legal acts of the highest representative bodies come into force throughout the entire territory of the Russian Federation simultaneously after 10 days from the date of their official publication.
Regulatory legal acts of the President of the Russian Federation come into force throughout the entire territory of the Russian Federation simultaneously after seven days from the date of their official publication, and acts of the Government of the Russian Federation - from the day of their signing.
Acts of federal executive authorities (for example, orders of the Ministry of Health and Social Development) come into force from the moment of publication and, like other acts, are subject to state registration with the Ministry of Justice of the Russian Federation (Federal Registration Service).
The procedure for the entry into force of regulatory acts of the constituent entities of the Russian Federation and regulatory acts of municipal bodies is determined by them independently.
A normative legal act (its parts) ceases to be in force as a result of:
expiration of the regulatory legal act (part thereof);
recognition of a normative legal act (its part) as no longer in force (a direct indication of cancellation, which may be contained in an act of higher legal force or in acts of the same level);
adoption (issue) of a new normative legal act of equal or greater legal force, replacing a previously adopted (issued) normative legal act (part thereof). In connection with the adoption (issue) of a new normative legal act, all normative legal acts or parts thereof are declared invalid if they contradict the provisions of the new normative legal act;
entry into force in the prescribed manner of an international treaty of the Russian Federation, the provisions of which contradict the provisions of a previously adopted (published) normative legal act (part thereof);
recognition of a normative legal act (its part) as inconsistent (non-conforming) with the Constitution of the Russian Federation in the manner prescribed by law. The effect of regulatory legal acts that constitute the legislation of the Russian Federation extends to citizens of the Russian Federation, as well as to foreign citizens and stateless persons located on the territory of the Russian Federation, unless otherwise provided by federal laws and international treaties of the Russian Federation.
Regulatory legal acts that make up federal legislation are valid throughout the Russian Federation, unless otherwise provided in these acts (acts on their entry into force). The effect of regulatory legal acts that make up the legislation of the constituent entities of the Russian Federation extends to the territory of the corresponding subject. Regulatory and legal acts of local government bodies are valid on the territory of the relevant municipality.
The most important of the by-laws is the Program of State Guarantees for the provision of free medical care to citizens of the Russian Federation, first adopted in 1998 and adjusted annually by the Government of the Russian Federation. In accordance with the Decree of the Government of the Russian Federation dated September 11, 1998 No. 1096 “On approval of the Program of State Guarantees for Providing Free Medical Care to Citizens of the Russian Federation,” this Program defines the types of medical care provided to the population free of charge.
