What are regulatory legal acts. Examples of regulatory legal acts with explanations
Regulatory legal act– an official document of the established form, adopted (issued) within the competence of the authorized state body (official) or through a referendum in compliance with the legislation of the Republic Main features of the legal act:
– establishes, changes or repeals rules of law;
– adopted (issued) by authorized government bodies or by referendum;
– contains rules designed for repeated use;
– addressed to an indefinite circle of people.
Types of regulatory legal acts:
1. Constitution– The Basic Law of the Republic of Belarus, which has the highest legal force.
2. Referendum decisions– aimed at resolving the most important issues of state and public life.
3. Program laws– are adopted in the manner established by the Constitution and on issues determined by it.
4. Codes(regulatory legal acts) – the rules of law regulating certain areas of social relations are combined and systematized.
5. Laws– normative legal acts regulating important social relations.
6. Presidential Decrees– normative legal acts of the Head of State, having the force of law, issued in accordance with the Constitution.
7. Presidential Decrees– regulatory legal acts of the Head of State, issued in order to exercise his powers and establishing (amending, canceling) certain legal norms.
8. Resolutions of the chambers of the National Assembly– normative legal acts adopted by the chambers of Parliament.
9. Resolutions of the Council of Ministers– regulatory legal acts of the Government.
10. Regulations– normative legal acts adopted (issued) by the Head of State, legislative, executive, judicial authorities, as well as local government and self-government bodies (a set of rules defining the procedure for the activities of relevant government bodies and their divisions).
11. Instructions– subordinate regulatory legal acts issued for the purpose of explaining and determining the procedure for applying a legislative act, order of a minister or head of another state.
12. Rules– forms of regulatory legal acts that establish procedural rules that determine the procedure for carrying out any type of activity.
13. Statutes (regulations)– regulatory legal acts that determine the procedure for the activities of a government body (organization).
14. Orders– are issued by the heads of Republican government bodies within the competence of the bodies they head in the relevant area of government.
15. Decisions of local government and self-government bodies– are adopted by local Councils of Deputies, executive and administrative bodies within their competence in order to resolve issues of local importance and have binding force in the relevant territory.
Decrees of the President of the Republic of Belarus and laws come into force 10 days after their official publication.
Decrees of the President, resolutions of the Council of Ministers of the Republic of Belarus- come into force from the day of their inclusion in the National Register of Legal Acts of the Republic of Belarus.
Regulatory legal acts, concerning the rights, freedoms and duties of citizens, come into force only after their official publication.
A regulatory legal act does not extend its effect to relations that existed before it entered into legal force, except in cases where it mitigates or abolishes the legal liability of citizens.
A normative legal act (part of it) ceases to be valid in the following cases:
– expiration of the act;
– recognition of a normative legal act (its part) as unconstitutional in the manner prescribed by law;
– recognition of a normative legal act (its part) as no longer in force;
– repeal of a normative legal act in cases provided for by the Constitution of the Republic of Belarus.
11.The effect of normative legal acts in time, space and among persons.
Action in time determined by the moment the normative act comes into force.
Loss of legal effect :
a) expiration of the period;
b) direct official repeal of the current legal act;
c) replacing one normative legal act with another act.
Z the law does not have retroactive effect, that is, it does not apply to legal relations that arose before its entry into force.
As an exception, a regulatory legal act acquires retroactive force:
a) if there is an indication of this in the act itself;
b) if it eliminates or mitigates criminal and administrative liability.
Also, as an exception, another principle of operation of a regulatory legal act can be applied in time- when a law that has lost legal force, by special instructions of a new law, can continue to regulate certain issues.
In space :
a) extend to the entire territory of the state;
b) act only in some precisely defined part of the country;
c) intended to operate outside the state, although, in accordance with the principles of state sovereignty, the general rule is that the laws of a particular state apply only on its territory.
State territory: part of the globe (including land, subsoil, air and water space), which is under the sovereignty of a given state and over which the state extends its power. Sovereignty extends to the territory of its embassies, warships, all ships on the high seas and other objects owned by the state and located on the high seas or outer space.
Effect of the normative legal act on a circle of persons : applies to all persons located in the territory of its operation and who are its addressees.
Exceptions:
a) foreign citizens and stateless persons cannot be subjects of a number of legal relations (for example, to be judges, to serve in the Armed Forces of Russia);
b) foreign citizens endowed with diplomatic immunity and enjoying the right of extraterritoriality do not bear criminal and administrative liability under Russian legislation;
The circle of persons to whom one or another legal act applies can also be determined by gender, age (minors), professional affiliation (for example, military personnel), health status (disabled people), etc.
In society, everything is subject to rules: laws, acts, instructions and other normative legal acts.
We explain what regulatory legal acts are, how to draw them up and where to look for the current rules of your industry.
Why is it needed?
A normative legal act (NLA) establishes norms within the state. The Constitution of Russia, laws within the subject of the country and labor regulations in the organization are all normative legal acts.
One of the collections of legal acts edited by the Russian newspaper. Photo walkasong.org
- It can only be in written form.
- Reusable.
- Aimed at a certain circle of people, not a specific person.
- It gives rise to new legal relations, changes or repeals existing norms.
NPAs are of indefinite long-term action and temporary action. In the first case, the adopted norm will be implemented until it is canceled. In the second, it is used within a predetermined time frame. If the head of a department goes on a long business trip, he delegates authority to one of the employees. Then a temporary regulatory legal act is formed.
Regulatory legal acts are classified according to various criteria. For better understanding, we have placed them in a diagram.
| Level | Name of the entity that adopted the normative act | Type of normative act | Is it a legislative act? |
| International | International organizations | International instruments ratified by the state | No |
| Federal | People | Constitution of the Russian Federation | Yes |
| Federal | State Duma of the Russian Federation | Laws of the Russian Federation | Yes |
| Federal | President of the Russian Federation | Decrees | Yes |
| Federal | Government of the Russian Federation | Regulations | Yes |
| Federal | Ministries | Instructions | Yes |
| Regional |
Duma (legislative assemblies) |
Laws | Yes |
| Regional | Governors of regions, territories, presidents of republics | Decrees | Yes |
| Regional |
Administrations of regions, territories,governments of the republics |
Regulations | Yes |
| Local | Local authorities | Solutions | No |
| Local | Organizations | Corporate acts | No |
Requirements for regulatory legal acts
Each legal entity undergoes several checks. The law - through several readings in the State Duma, the decision of the enterprise - through the workers' union. In this way, the participants in the process jointly legalize the future decision. All accepted legal acts are subject to three mandatory requirements.
Reflection of objective reality.Authors of regulatory legal acts must understand that the adopted norm must be based on the implemented algorithm. In Russia there is no department or competent authority monitoring “dead” legal acts. Therefore, they are not punished for them. It is assumed that multilateral control during adoption insures against the dominance of unnecessary legal acts.
However, there is a problem. The State Duma of Russia periodically devotes plenary sessions only to the technical cleaning of broken laws.
Smoking in the entrance is prohibited, but very few people are punished for it. Photo kp.by
Another example. It makes no sense to introduce a corporate regulation prohibiting smoking in the area adjacent to the office. At a minimum, it is worth considering an alternative solution.
Structure.In Russia there is no special law regulating the structure of legal acts. The last attempt to create such a document is the Ministry of Justice undertaken in 2014, but the document did not even reach the State Duma.
Requirements for legal acts are usually established by line ministries. If a business decides to further regulate labor regulations, then they should look for rules for creating legal acts in Labor Code of the Russian Federation.
The general practice in structure has developed as follows:
- Preamble. The purposes of adoption of legal acts are indicated.
- Main part. In a broad sense, it is called a normative legal act. Codes of rules, instructions and regulations are located in this section.
- Conclusion. Signatures of receiving authorities and applications are placed here.
Easy to understand.Federal laws are written in legal language, but a special analytical note is published in the media. She translates the meaning of the adopted document from “official” into Russian. Ideally, each legal regulation should be provided with an explanation.
Employee remuneration policy PJSC Sberbank of Russia.
Where to findregulatory legal acts
According to the Constitution of the Russian Federation, regulatory legal acts come into force only after publication. There is no other way.
State documents are published in Rossiyskaya Gazeta. They are displayed in chronological order in special section of the site. On the same page you can subscribe to the mailing list of new regulations published in the latest issue of Rossiyskaya Gazeta. This makes it easier to keep track of important changes in legislation.
On the Internet it is easy to find reference sites with a database of regulatory legal acts. They are intermediaries and therefore publish updated information with a delay.
In theory, it is easier to search for legal entities on Official Internet portal of legal information. The site is fast, but its interface takes some getting used to. It is difficult to recommend it for everyday searching.
The official Internet portal of legal information has been operating since 2005. Apparently, the structure has not changed fundamentally since then
Since December 2017, the Russian Ministry of Justice has launched a specialized legal portal Regulatory legal acts in the Russian Federation. The site is integrated into the state information system. If the department has adopted a legal regulation, it is automatically published on the legal portal. This is the easiest way to obtain up-to-date information on legal acts at the federal, regional and municipal levels. The site is being tested and some sections are not working. The main thing is that the NPA databases are in perfect order.
Portal “Regulatory legal acts in the Russian Federation”. Flexible search will help you find the right legal entities
Legislative acts are always adopted together with analytical reports, accompanying notes or industry reviews. They are located in System for supporting legislative activities. This is an internal resource of the State Duma, but is useful to all entrepreneurs.
The Legislative Support System has a low entry threshold
Look for regulations in official sources.
Remember
- Regulatory legal acts establish the norms by which the state and its institutions live.
- Regulatory legal acts must reflect objective reality, have a clear structure and be understandable.
- Businesses have the right to issue their own corporate acts if they do not contradict current laws.
- Check with legal regulations only through official sources.
All regulatory legal acts can be divided into two groups according to their legal force:
1. Laws- these are normative legal acts that have the highest legal force, adopted in a strictly defined special order by the highest legislative body of the state or subject of the Federation and regulating the most important social relations.
The following types of laws are distinguished:
- Constitution
– laws that are adopted on issues directly related to the Constitution.
- Federal current laws– these are acts of current legislation devoted to various aspects of the socio-economic, political and spiritual life of society;
- Laws of the subjects of the Federation– these are laws that are issued directly by the representative bodies of the constituent entities of the Federation and extend their effect to the corresponding territory
2. By-laws– these are law-making acts of competent authorities that are based on the law and do not contradict it. By-laws have less legal force in relation to laws.
By-laws include:
Regulatory legal acts of the President of the Russian Federation (decrees, orders);
Regulatory acts of the government of the Russian Federation (orders, resolutions);
Regulatory acts of ministries and other federal executive authorities (orders, instructions, regulations, instructions);
Regulatory legal acts of state power of the subjects of the Federation.
Law: concept, signs, types.
law- this is an act of the legislative body adopted in a special manner, which has the highest legal force and is aimed at regulating the most important social relations.
Law is an act of lawmaking that has the highest legal force, aimed at regulating the most important social relations and is adopted in a special manner by the highest legislative body of the state or subject of the Federation, or directly by the people.
Main features of the law:
1. It has the highest legal force, that is, it occupies the main place after the Constitution in the hierarchy of normative legal acts.
2. It is adopted only by the relevant competent legislative bodies of the state or subject of the Federation or directly by the people.
3. Regulates the most important public relations in the sphere of economic, political, cultural, social and spiritual life.
4. Adopted in a special and officially approved procedural manner.
5. Is compulsory. This implies that its norms must be observed and implemented by all government bodies, officials, citizens, public organizations, and legal entities without exception.
Types of laws:
1. According to the scope of action, the following are distinguished:
Federal laws;
Laws of the subjects of the Federation.
2. The subjects of lawmaking are distinguished:
Laws adopted by the legislative body in the process of legislative activity;
Laws adopted by the people as a result of a referendum.
3. According to the subject of legal regulation, the following are distinguished: constitutional, criminal law, civil law, etc.
4. By validity period:
Permanent;
Temporary.
5. According to their legal force:
- Constitution is a fundamental legal act that has the highest legal force, establishing the foundations of the constitutional system, the rights and freedoms of man and citizen, the form of government and government, establishing federal government bodies.
- Federal constitutional laws– laws that are adopted on issues directly related to the Constitution, as well as serving as the basis for current legislation.
- Federal laws.
- Law of the subject of the Federation.
By-laws.
Subordinate legal act(PNLA) is a legal act of a government body that has lower legal force than the law. It should not be identified only with the state, since, for example, local self-government is not included in the system of state authorities - Article 12 of the Constitution of the Russian Federation - Russia.
Classification:
In the Russian Federation at the federal level, by-laws include:
Decrees of the President of the Russian Federation;
Decrees and orders of the Government of the Russian Federation;
Acts of the Central Bank of the Russian Federation, ministries, state committees and other executive authorities;
Resolutions of the chambers of the Federal Assembly of the Russian Federation;
Decisions of courts and arbitration courts.
By scope:
General (valid throughout the state)
Local (operate in a specific area)
Departmental (operate within departments)
Local (intra-organizational)
Individual (selected when the existence of individual legal norms is recognized, for example in the communicative theory of law).
By publishing bodies(in relation to the system of regulatory legal acts of Russia):
Decrees of the President of Russia;
Resolutions of the Government of Russia, state committees, administrations;
Orders, instructions, directions and other departmental local acts;
Decisions of representative bodies of local self-government.
Communication theory also highlights domestic autonomous legal acts(contracts and agreements), both general normative and individual normative, as well as all heteronomous individual legal acts.
A subordinate regulatory legal act must not contradict the law, because according to the hierarchy of normative legal acts (NLA), it is below the law and is a by-law, which should be taken literally.
The characteristic features of by-laws are that:
1. They are adopted on the basis of law.
2. They are adopted in pursuance of the law.
3. They cannot contradict the law.
4. They have less legal force in relation to the law.
Depending on the body that adopted the by-law, the following are distinguished:
1. General by-laws– these are normative legal acts of general competence, the effect of which applies to all persons within the territory of the country. With their help, public administration and coordination of the economic, political and socio-cultural life of the country are carried out.
The main place in the system of general by-laws belongs to:
Decrees and orders of the President as the head of state, which have the greatest legal force after the law and regulate the main directions of the domestic and foreign policy of the state;
Government acts adopted on the basis and in execution of laws and decrees of the President and solving operational issues of state management of the economy, healthcare, education, social and cultural construction, etc.
2. Departmental regulations– these are normative and legal acts that are adopted within their competence by ministries, state committees and other departments, which, as a rule, regulate public relations that are within the competence of this executive structure (customs, transport, banking relations, issues of organizing education , health protection, etc.). Typically, such acts are issued in the form of orders, instructions, resolutions, regulations, regulations, letters, instructions, charters and others.
3. Local regulations– these are regulatory legal acts of local representative and executive authorities (in districts, cities, towns, etc.). They are published by local bodies of representative power and local self-government bodies. The effect of these acts is limited to the territory under their control and is mandatory for all persons living in this territory. These may be decisions, orders, resolutions of local governments.
4. Local (intra-organizational) regulatory acts are adopted within their competence by the administration of enterprises and institutions, and extend their effect to employees of the relevant enterprises.
A normative legal act is an official document adopted by a competent subject of law-making activity in a special manner, containing rules of law, having its own details, structure, and special procedure for entry into force.
Signs:
1. Official document - any official document is always in written form.
2. Always contains rules of law
3. Accepted by competent state authorities. bodies, non-state law-making subjects, the government, the president, non-state law-making subjects (local government bodies), or the population in a referendum
4. Accepted in a special procedural manner
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. The title of the act is the name, date and place of adoption.
6. It has its own internal structure - normative material is distributed into parts, sections, chapters, chapters are made up of parts, and items are made up of points.
Types of legal acts:
1. By scope
federal, subjects of the federation, local governments, local
2. By validity period:
permanent, temporary (where the validity period of the act is indicated)
3. On the subject of legal regulation:
constitutional law, civil law, etc.
4. By subjects of lawmaking:
acts of referendum, acts of state bodies. authorities, sanctioned legal acts of non-state law-making entities
5. Legal force:
laws, regulations
Laws: - this is a normative legal act adopted in a special manner by legislative (representative) authorities or directly in a referendum, regulating the most important social relations and having the highest legal force.
Signs:
1. type of legal acts
2. adopted in a special procedural manner, enshrined in the Constitution and parliamentary regulations.
3. Adopted only by legislative (representative) bodies, or by referendum.
4. Regulates the most important social relations - those regulating politics. system of society, the most important relationships
5. Has the highest legal force - that is, all other legal acts are issued on the basis of laws and cannot contradict them
6. has a special procedure for 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 duration of action: temporary (emergency), permanent
2. By the range of persons: general (KRF), special (law on the status of judges, on the prosecutor’s office, etc.)
3. By scope: federal and constituent entities
4. By legal force: CRF, FKZ, Federal Law (codified and ordinary), laws of 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 people as a whole, or individual social strata (groups) of society and enshrining in their interests the most important principles of the social system and state organization of the corresponding country.
Main properties of K.:
1. a special subject who establishes a code or on whose behalf it is accepted
2. the constituent primary nature of constitutional provisions - 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 in nature and affects all spheres of social life
4. special legal properties:
Supremacy of K.
Supreme legal power
Stability K.
Direct action
Core of the legal system
Special procedures for adoption, revision and amendment
Special protection
Types of constitutions:
1. by subject of acceptance
sanctioned and accepted by the people
2. flexible and rigid - in order of changes
3. by form of expression - written (single legal acts) and unwritten
4. real (the situation corresponds to reality) and fictitious - according to the nature of the implementation
By-laws- are issued by competent authorities or officials of the state on the basis and in execution of laws and contain legal norms
Types of by-laws of the Russian Federation:
1. regulatory decrees and orders of the President of the Russian Federation
2. government regulations and orders - general by-laws
3. departmental by-laws - orders, instructions, regulations of ministries, departments, government. committees
4. decisions and resolutions of state bodies. authorities and management of the subjects of the federation - decisions of the chairman of the regional government or resolution
5. regulations of municipal (non-state) bodies
4.5 - local
6. local (intra-organizational regulations)
3. Action of legal acts in time, space and among persons:
Entry into force of a normative act and loss of legal status. strength.
The legal regulation comes into force:
1. the entry may be indicated in the normative act itself:
A) from the moment of signing
B) from the moment of acceptance
D) from a precisely designated date
2. if there are no such instructions, then after a certain period after publication
A) laws - after 10 days
B) regulatory acts of the president and government - after 7 days
C) departmental legal acts come into force from the day they are assigned a state serial number. registration (in the Ministry of Justice of the Russian Federation)
D) emergency acts - with the occurrence of certain circumstances
D) there are legal acts that I cannot publish; for acts not subject to publication - entry for them from the moment of actual receipt of the act by the performers
Loss of legal strength:
1. the validity period for which the regulatory legal act was issued has expired
2. as a result of direct cancellation of the act by publishing a decision of the competent authority on this
3. in connection with the publication of a new regulatory act replacing the previous one
4. for acts of emergency - change of circumstances
Retroactivity is the extension of the laws to events that took place before entry into law. strength; As a general rule, legal acts do not have retroactive effect. Exception to the rule:
1) when the legislator directly gives retroactive effect to legal acts
2) publication of acts mitigating or eliminating legal responsibility or punishability of an act
Ultraactivity (experience of the law) - the law or part of it loses force by special instructions and can continue to regulate certain social relations
In space: territorial action of legal acts and extraterritorial action of legal acts. The territorial effect of a legal act means that it operates within the territory of the state. Acts valid throughout the state, acts of constituent entities of the federation, acts of municipal bodies. What is meant by territory? This is the earth and water surface, airspace, subsoil, territorial waters, continental sheikh. Extraterritorial effect means the possibility of their application in relation to Russian citizens located outside the Russian Federation. The conditional territory of the state is the territory of embassies, consulates, military units stationed abroad, the territory of civilian ships and aircraft solons located on neutral territory, the territory of warships, as for warships and aircraft - wherever they are located.
Action of legal acts by a circle of persons . Legal acts apply to all addressees within the territorial scope of a particular act. There is a concept of special action of legal acts - 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 sanctions cannot be applied to them. coercion for violation of criminal law and legislation on administrative offenses; 2. foreigners and stateless persons (stateless persons) living 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 regulations, in particular those providing for criminal liability, apply to citizens regardless of their location and regardless of whether they have already been punished under foreign law or not.
In the Russian state, in essence, the only source of law is a normative legal act. There is no judicial precedent (but the role of legal practice is great), there is no custom either, although there are exceptions.
In the most general form, the hierarchical system of regulatory legal acts in Russia can be represented as follows:
1) Constitution (Basic Law);
2) federal laws;
3) decrees of the President;
4) Government resolutions;
5) regulations of ministries and departments.
a) international treaties of Russia;
b) normative acts of state authorities of the constituent entities of the Federation.
Let us consider these types of regulatory legal acts in more detail.
Constitution (Basic Law) of the Russian Federation is the basis of all Russian legislation.
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 rights and fixes the structure and competence of the highest bodies of state power and administration;
4) The Constitution is adopted and amended as a result of compliance with a complicated law-making procedure.
The text of the Constitution of the Russian Federation consists of 137 articles and contains norms related to various branches of law. For this section, the norms of the Basic Law are relevant, defining the competence of the highest bodies of the state to issue regulatory legal acts of a certain type (Articles 90, 105, 106, etc.), the procedure for the adoption and entry into force of federal laws (Articles 104-108) , and some others.
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 was not 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 of legislative initiative) is to sign them within fourteen days and publish them.
A special group of federal laws - constitutional laws, which are adopted on issues provided for by the Constitution of the Russian Federation and differ in a special procedure for adoption - 3/4 votes of the total number of members of the Federation Council and 2/3 votes of the total number of members of the Duma are required. 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 of adoption of a federal law as the day when it was approved by the State Duma in its final version, and a federal constitutional law as the day of its approval by the chambers of the Federal Assembly in the manner established by the Constitution of the Russian Federation. Federal constitutional laws and federal laws are subject to official publication within seven days after they are signed by the President of the Russian Federation.
For all types of laws, the official publication is their full text in the Rossiyskaya Gazeta or in the Collection of Legislation of the Russian Federation. Federal constitutional laws and federal laws come into force simultaneously throughout the entire territory of the Russian Federation ten days after their official publication, unless the law itself establishes a different procedure for its entry into force.
In accordance with the Constitution of the Russian Federation, the subjects of the Federation (republics, territories, regions, autonomous regions, autonomous okrugs and federal cities) carry out their own legal regulation on issues under their jurisdiction, including the adoption of laws. Such laws cannot contradict federal laws. This demonstrates the principle of unity of legal regulation and legal regime on the territory of the entire state.
Legal regulation in the Russian Federation is not limited to laws. The corresponding relations are regulated by acts of the President, the Government, as well as ministries and other federal authorities, i.e. by-laws.
Regulatory legal acts of the President of the Russian Federation. The President is the head of state, and in accordance with this, the regulatory legal acts (decrees) issued by him occupy the next place after the laws and are mandatory for execution throughout the entire territory of the Russian Federation. The main directions of domestic and foreign policy are the subject of regulation of decrees. If the decree of the President contradicts the Constitution and laws of Russia on the basis of the opinion of the Constitutional Court of the Russian Federation, the decree loses force. Compared to laws, decrees are relatively quickly adopted and come into force. In addition, the list of subjects for preparing draft decrees is not established by law, and as usual they are prepared by interested departments or the Government.
Government regulations. The Government of the Russian Federation exercises executive power in the country and, realizing this task, adopts resolutions and issues orders. Decisions of a normative nature or the most important are issued in the form of decrees. Decisions on current and operational issues are issued in the form of orders. The peculiarity of Government acts is that they can be adopted only on the basis and in pursuance of the laws of the Russian Federation, as well as decrees of the President of the Russian Federation.
Regulatory legal acts of ministries and other federal executive authorities (departments). Their peculiarity is that ministries and departments can issue orders and instructions containing legal norms in cases and within the limits provided for by the laws of the Russian Federation, Presidential decrees, and Government resolutions. Therefore, the publication of any departmental act should be based on a special instruction from higher authorities, although in practice it often happens differently.
The acts of this group are very numerous and varied. These include orders and instructions, resolutions, regulations, letters, charters, etc. All of them are published to implement the functions of public administration in various spheres of public life (industry, science, culture, healthcare, security, etc.) and are mandatory for all organizations, institutions, and officials subordinate to ministries and departments.
Regulatory acts of ministries and other federal executive authorities affecting the rights, freedoms and other legitimate interests of citizens, as well as any interdepartmental acts are subject to state registration with the Ministry of Justice of the Russian Federation and are published no later than ten days after registration. In accordance with the decree of the President of the Russian Federation of May 23, 1996 “On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies”, acts that have not passed state registration, as well as registered but not published in the prescribed manner do not entail legal consequences, since they are not considered to have entered into force.
Registration with the Ministry of Justice of the Russian Federation is necessary to verify the legality of the rule-making decision of a ministry or department: it is checked whether this act does not infringe on the rights and freedoms of citizens, whether they are assigned additional responsibilities not provided for by the legislation of the Russian Federation. The courts cannot refer to these acts when resolving disputes.
This rule is the result of the struggle of lawyers of many generations for the democratization of the adoption and application of departmental legal acts, the subjects of execution of which are primarily citizens. Moreover, according to the Rules for the Preparation of Departmental Normative Acts, approved by the Government of the Russian Federation on July 23, 1993, the central bodies of the federal executive power are entrusted with the obligation to bring the departmental normative acts adopted by them to the attention of the relevant government bodies of the Russian Federation, enterprises, organizations, and institutions.
These acts come into force 10 days after the day of their official publication in the Rossiyskiye Vesti newspaper or in the Bulletin of normative acts of federal executive bodies.
Regulatory acts of government bodies of the constituent entities of the Federation. Local regulations. The authorities and management bodies of the subjects of the Federation, solving the problems that confront them, and according to their competence, make decisions, putting them into legal form. The regulatory legal acts they issue apply only to the territories of the relevant regions. Regional-level decisions (laws, orders) are communicated to executors within seven days from the date of their adoption, but no later than the date of entry into force.
In the theory of law, local normative acts are also called legal documents containing rules of law adopted by the subjects of management at an enterprise, organization, etc. The regional and regional administrations of the constituent entities of the Federation (in some regions - the government) have the right to adopt resolutions, instructions, and orders. The head of the administration may issue decrees and orders on issues within his competence.
Common to all types of by-laws of the Russian Federation is the fact that they, along with laws, serve as a source of legality, i.e. citizens and legal entities, by complying with the rules of law contained in by-laws, strengthen the regime of legality and order of the state. Citizens, officials and organizations are guided by the legal decisions made. Among the by-laws there is a hierarchy, derived from the administrative hierarchy. Thus, a resolution of the federal Government has greater legal force than a similar resolution of a ministry, regional government, or head of a city administration.
There are also local acts of state and non-state institutions and organizations of various forms of ownership. For legal registration and legal institutionalization, these organizations create various legal acts: orders issued by the head of the organization, charters and regulations on the basis of which they carry out their activities. Such acts constitute the lower level of by-laws and in most cases, in order to acquire legal force, must be registered with the relevant municipal authority. For example, the charter of a limited liability company (or other similar organization) acquires legal force only after registration with state authorities.
Social relations can be regulated by such sources of law as agreements and customs sanctioned by the state.
Regulatory agreement. An agreement is an effective legal tool for determining the rights and obligations, rules of relations between citizens and legal entities. It is of great importance in relations between states. However, the contract is no less important as one of the main sources of law in the field of commercial relations and property turnover.
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. In the conditions of the emergence of a market economy in the Russian Federation, the role of the agreement as an instrument of self-regulation is significantly increasing. Freedom and equality of the parties presuppose free entry into contractual relations without any administrative dictate. The content of the contract is therefore mutually established legal rights and obligations.
The agreement is concluded on the following principles:
2) autonomy (independence) of the parties and their free expression of will;
3) property liability for violation of an obligation.
The peculiarity of a contract as a subordinate source of law is that the parties can enter into an agreement either provided for or not provided for by law or other legal acts. The main requirement for the form, content and subject of the agreement is that it does not contradict current legislation. One may get the impression that there is no legal regulation of the institution of contract in Russian legislation. However, this is not true. One of the most important legal documents of our state, the Civil Code, devoted three chapters to the agreement.
The terms of the contract must comply with the norms contained in the legislation. Otherwise, it may be declared invalid. At the same time, the legislator established the legal priority of the agreement over the law adopted after the conclusion of the agreement (clause 2 of Article 422 of the Civil Code of the Russian Federation).
Custom as a source of law. An approach to the concepts of “custom” and “customary law” in various schools of thought is ambiguous. In domestic pre-revolutionary and modern Western jurisprudence, these concepts were not distinguished at all. Thus, the Russian historian and jurist V. M. Khvostov wrote in 1908 that it is necessary to consider as a custom a legal norm, the power of which is based not on the instructions of state power, but on the habit of the people to it, on its long-term application in practice. In other words, according to V.M. Khvostov, custom is a legal norm, supported by prescription.
Some scholars view common law as the original way of creating legal rules, which arose before society was constituted politically. In their opinion, the law established by custom was applied mainly at fairly early stages of the development of society, in archaic legal systems. However, this is not entirely true, since, as ethnographic science claims, customs are still used by some peoples today, and in addition, the process of creating new customs that reflect the ethnocultural development of society continues.
The peculiarity of a 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. The reason for this is the large number of cultures inhabiting a particular region.
State-sanctioned custom is a very rare form of law.
In Art. 5 of the Civil Code establishes a new concept - “business customs”, which recognize established and widely used rules of conduct in any area of business activity that are not provided for by law, regardless of whether they are recorded in any document or not. Currently, the scope of application of business customs is mainly limited to foreign trade transactions, but it seems that the further development of market relations will require more detailed regulation of the customs that have developed in this area. The legislator is already following this path, establishing in Art. 427 of the Civil Code, the rule according to which the approximate terms of a standard (exemplary) contract can be recognized as an authorized custom.
Regulatory legal act: concept and classification
A normative legal act (NLA) is the main source of law in a modern state.
Regulations are issued primarily by government bodies that have relevant competence in this area. The procedure for issuing legal acts is strictly regulated.
Concept and characteristics of a normative legal act
A legal document is an official document containing legal norms governing public relations. By adopting a normative legal act, the state thereby makes its will generally binding.
The regulatory legal act has the following features:
- aimed at regulating social relations in various spheres of society;
- created as a result of the law-making process by the relevant authorized state bodies;
- has an official character;
- This is an official document that has special details:
- name of the act (for example, law, resolution, order);
- name of the government body that adopted this document (State Duma, president, government, ministry);
- the date of adoption of the act, its number, as well as the place where it was adopted.
- legal acts constitute a unified legislative system of society;
- contains norms of law that are legally binding;
- has a strictly regulated procedure for adoption, publication, and entry into force. All legal acts must be brought to the attention of citizens;
- has a certain internal structure: sections, chapters, articles;
- its execution is guaranteed by the coercive power of the state.
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Classification of normative legal acts
Regulatory legal acts are classified on various grounds:
- government agency;
- public organizations;
- people (referendum).
- federal regulations;
- acts of constituent entities of the Russian Federation;
- acts of municipal authorities;
- local legal acts of organizations, institutions, etc.
- acts adopted for an indefinite period of time;
- acts are temporary (for a certain period).
In accordance with the laws of rule-making, legal acts of higher authorities have legal advantage (superior legal force) compared to acts of lower authorities. Those. the latter are obliged to issue legal acts on the basis of and in pursuance of legal acts of higher authorities.
On this basis, legal acts are divided into laws and regulations.
A law is a normative legal act issued in a strictly regulated manner by a legislative body (in Russia, such a body is the State Duma of the Russian Federation) or by a referendum, which has the highest legal force and extends to the most significant areas of public relations.
The procedure by which laws are passed is called the legislative procedure.
Federal laws also include codes. A code is a legislative act containing systematized norms of any branch of law. (Labor Code, Civil Code, Code of Administrative Offenses, Family Code, etc.).
By-laws are legal acts that are based on the law and do not contradict it. Their legal force compared to the law is the least.
- Decrees and orders of the President (“On awarding state awards of the Russian Federation”, On the All-Russian physical culture and sports complex “Ready for Labor and Defense” (GTO);
- Decrees and orders of the Government. Accepted for execution and based on laws and decrees of the President. These Acts are signed by the Chairman of the Government. The topics of the Government's resolutions and orders are varied - they affect political, economic, scientific, educational issues, as well as human rights. (Government Decree “On the procedure for providing public services to citizens”).
The question of whether judicial acts of higher courts are a source of law is controversial. Decisions of judicial bodies may acquire features of a normative nature as a result of generalization of judicial practice.
If inaccuracies and ambiguities in legislative acts are identified, the courts can specify and clarify the application of legal norms, without creating new norms.
The highest bodies of the judiciary create new legal norms in order to clarify the application of legislation in its practical application by the courts. (Resolutions of the Supreme Court of the Russian Federation, Resolutions of the Supreme Arbitration Court of the Russian Federation).
Therefore, in the classical understanding of the continental system of law, judicial acts are still not a source of law, but are an explanation of the application of already existing norms, taking into account their contradictions or gaps in legal regulation.
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