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Regulatory acts, depending on their legal force, can be divided into several levels. However, two large groups stand out: laws And by-laws . The term “legislation” is used very often. 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 (Fig. 2.6).

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, federal laws are adopted by the US Congress, in Russia - by the State Duma of the Russian Federation.

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.

Rice. 2.6. Types of regulations in the Russian Federation

According to their significance, federal laws are divided into groups:

1. constitutional laws, regulating issues of public life related to the subject of the Constitution of the Russian Federation (Federal Constitutional Law “On the Judicial System of the Russian Federation”, 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;

2. current (ordinary) laws adopted to regulate all other important issues in the life of society (for example, the Federal Law “On Joint Stock Companies”, the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Law of the Russian Federation “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 of the Russian Federation contains all the rules on crime and punishment, and the Civil Code of the Russian Federation contains the most important rules governing 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 General Part of the Criminal Code of the Russian Federation 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 of the Criminal Code of the Russian Federation provides for specific acts and punishments for them.

Decrees is issued by the President of the Russian Federation on issues within his competence, which is quite broad for him, 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 of the Russian Federation. The decrees of the President are normative 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, as well as in the Rossiyskaya Gazeta.

Regulations published by the Government of the Russian Federation. 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, 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 published in the same legal sources as laws.

Regulatory acts of ministries are instructions, orders, regulations, manuals, 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 of the Russian Federation, the Ministry of Transport of the Russian Federation, the Ministry of Health and Social Development of the Russian Federation, etc.). Such acts are subject to registration with the Ministry of Justice of the Russian Federation, where their legality is verified. Acts of ministries are published in the “Bulletin of normative acts of federal executive authorities”.

Regulatory acts of legislative (representative) bodies of the constituent entities of the Federation -laws, this is their most common name. Not all subjects of the Federation are actively involved in lawmaking. In this regard, the federal cities of Moscow and St. Petersburg, as well as the Sverdlovsk and Saratov regions, show themselves. Budget, taxes, privatization - these are the most serious issues of regional rule-making. Moreover, the adoption of an act 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) usually called regulations. They can regulate various issues: the procedure for leasing premises, land plots, collecting fees for travel on public transport, for training in children's music schools, etc.

Acts of both legislative (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 are those 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 legal act - This is a written document adopted by an authorized subject of law (state body, local government body, institutions of direct democracy), which has an official character and binding force, expresses government orders and is aimed at regulating public relations.

Signs of a normative legal act:

1. This is a written document that has an internal structure that complies with the rules of legislative technology. A legal act is distinguished by the use of special terms and the presence of established details (date, number, name, etc.).

2. A legal act is issued by authorized entities. Their authority to issue acts is established by the constitution, laws, and other acts. Each subject is provided with a certain form(s) of act in which it embodies its instructions (for example, the President of the Russian Federation creates only decrees and orders).

3. A legal act is issued by subjects within the limits of their competence, which is established in the relevant legal norms.

4. A legal act expresses the will of a certain social community. It sets out the purpose and objectives to which it is aimed. It expresses social interests.

5. A legal act is part of a unified system of legislation, carrying out legal regulation in accordance with the common goals and objectives of legal regulation.

The act is intended to regulate public relations. This is achieved in different ways and methods, through prohibitions, obligations and permissions, using various legal means.

Normativity is the most important feature of normative legal acts.

Normativity expresses the universality of the content and action of an act, which consolidates the order of relations, valid for any length of time.

Legal force normative legal act is expressed:

In the mandatory compliance of each act with the principles and norms of the Constitution of Russia;

In strict accordance with the official classification of acts established by the Constitution of Russia and laws;

In recognizing the subordination between types of acts - Constitution, law, decree, etc.

In establishing the hierarchical subordination of acts of state bodies occupying a higher place and a lower place in the system of government bodies;

In determining the grounds and framework for the adoption of a particular act, its main content. Formulas “on the basis and in pursuance of the law”, “in accordance with the decree, resolution”, etc. express this legal connection;

In recognizing a legal act that ignores established legal dependencies as violating the rule of law and losing legal force.


Types of regulatory legal acts

In the system of normative legal acts of any state, the constitution occupies a special place. The peculiarity of the constitution is that it establishes a balance of social interests and formulates fundamental provisions that should serve the consolidation of society.

The Constitution is an act that has the highest legal force and regulates the foundations of the organization of the state and society, as well as the foundations of the relationship between the state and the citizen. The Constitution has a constituent character. This property of it is manifested in the fact that its regulations act as a fundamental principle and determine the content of absolutely all other normative legal acts of the state.

The peculiarities of the constitution are also predetermined by the fact that it is created by a special subject - the people, who in a democratic state are the only source of power and bearer of sovereignty. It is the people who have the right to adopt a constitution and, through it, establish the foundations of the social and state structure that they choose.

The Constitution establishes the form of government, the system of government bodies, the foundations of the relationship between citizens and the state, and between elements of the political system.

A law is a basic legal act issued by a legislative (representative) body or adopted by popular vote to regulate the most important social relations.

Signs of the law:

a) represents a normative expression of the will of the people as a result of the coordination of various social interests;

b) adopted by legislative (representative) bodies or adopted by referendum - popular vote;

c) regulates the most important social relations, ensures the orderly development of all spheres of social life;

d) the law has the greatest legal force among other legal acts;

e) the law is adopted as a result of the legislative process in a special procedural order;

f) the law is characterized by the greatest stability and duration of existence and action.

Laws in the Russian Federation are divided into two groups: laws adopted at the federal level and laws of the constituent entities of the Russian Federation. At the federal level, the following types of laws are: federal constitutional laws, ordinary (or current) federal laws, codes, fundamentals, laws of the Russian Federation, federal laws on the ratification of international treaties.

Federal constitutional laws are adopted to regulate the most important social relations directly specified in the Constitution of Russia. A significant group of federal constitutional laws consists of acts on the status of the most important state institutions and bodies. These are laws on the Government, on the Commissioner for Human Rights, on the Constitutional Court of the Russian Federation, and some others. Another type of constitutional laws regulates state legal states. For example, the law on the conditions and procedure for introducing a state of emergency and martial law on the territory of the Russian Federation.

With the help of federal constitutional laws, the composition of the Russian Federation can be changed, the admission of new subjects to the Federation and the solution of other issues of federal construction can be regulated.

Federal constitutional laws, in accordance with Art. 76 of the Russian Constitution have supremacy over federal laws.

Constitutional laws are adopted in a special manner. The adoption of constitutional laws requires a qualified majority: at least three quarters of the total number of members of the Federation Council and at least two thirds of the votes of the total number of deputies of the State Duma.

The largest group of laws are federal laws. These acts are different in their content, scope and subjects of legal regulation, in relation to other normative acts.

A type of federal law is code. The Code is a systematized set of acts, rules and norms that uniformly regulates the sphere of public relations. It acts as the main legislative act in a particular area; other acts of this branch of law and legislation are in a peculiar relationship with it. The norms of the code are a priority when regulating public relations by the norms of acts of their industry. For example, the Civil Code of the Russian Federation has the highest legal force in the system of civil legal acts. Codes have a complex structure, consisting of parts, sections, chapters, articles and clauses. They are characterized by a large volume and scale of regulation.

Branches of law that fall under the exclusive jurisdiction of the Russian Federation (civil, criminal law, etc.) are subject to codification; less often, codes are published on subjects of joint jurisdiction (administrative, labor law).

The concept of the basics of legislation, fundamentals, basic principles predetermined by the federal nature of the Russian state, the presence of two legal systems, and the division of jurisdiction. On issues that are the subject of joint jurisdiction of the Russian Federation and its constituent entities, special acts are created. Their goal is, on the one hand, to ensure federal regulation, and on the other, to allow law-making of the subjects of the Federation within the established framework. The names of acts of this kind contain the following expressions: “general principles”, “fundamentals”. For example, the Federal Law “On the Fundamentals of Public Service in the Russian Federation”.

Federal laws on ratification and denunciation of international treaties of the Russian Federation are accepted in accordance with Art. 106 of the Constitution of the Russian Federation. These laws differ in their name and adoption procedure. The texts of international treaties in the form of laws are published in the Bulletin of International Treaties. In accordance with paragraph 4 of Art. 15 of the Constitution of the Russian Federation, ratified international treaties have priority over domestic legislation. Thus, the document, which is a federal law in form, has primacy over other acts of this kind.

By-laws

The system of by-laws is quite diverse and numerous. The greatest legal force in the system of by-laws and normative legal acts has decrees of the President of the Russian Federation. They are published on issues within the competence of the head of state, which are established by Chapter 4 of the Constitution of the Russian Federation. Decrees of the President of the Russian Federation are mandatory throughout the country. Decrees of the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws; they can be normative and non-normative. Their difference lies in the degree of certainty and personification. Regulatory decrees are addressed to an indefinite number of persons. Non-normative acts (decrees and orders) can be demonstrated using the example of decrees on personnel issues. They represent law enforcement acts, since they were created in accordance with legal authority and are addressed to specific people.

Decrees of the Government of the Russian Federation are issued on the basis of the Constitution of the Russian Federation, federal laws, and regulatory decrees of the President of the Russian Federation. They are mandatory for execution throughout the Russian Federation. They can be canceled by the President of the Russian Federation if they contradict the Constitution of Russia, federal laws and decrees of the President of the Russian Federation (Article 115 of the Constitution of the Russian Federation).

The execution of decrees of the Government of the Russian Federation is ensured within the jurisdiction and powers of the Russian Federation and the joint jurisdiction of the Federation and its constituent entities. Within the limits of these powers, the executive authorities of the Federation and the constituent entities form a unified system

Orders, resolutions, instructions are issued by all authorized bodies: ministries, state committees, federal services, inspections, supervision and other departments.

All federal executive bodies issue regulatory legal acts that operate within the framework of intradepartmental relations for bodies, officials and employees of this body. They can issue acts that are binding on citizens and organizations not subordinate to this department.

All acts of federal executive authorities affecting the rights and legitimate interests of citizens are subject to state registration with the Ministry of Justice of the Russian Federation. The condition for their validity is official publication.

The system of legislation of the constituent entities of the Russian Federation, characterized primarily by the presence of constitutions and charters, which are the constituent acts of the subjects of the Federation. These acts establish the formation of state authorities of the subject, the procedure for holding elections, and the main forms of interaction with local government. Constitutions and statutes must be consistent with the federal Constitution and laws.

Law of the subject of the Russian Federation - a normative legal act adopted by the legislative (representative) body of a subject of the Federation in accordance with the Constitution

Russia and federal laws, the Constitution or the charter of a constituent entity of the Russian Federation and regulating the main issues of state, economic and social development that are under the jurisdiction of the constituent entity of the Russian Federation. Laws of constituent entities of the Russian Federation can also be created on subjects of joint jurisdiction. Such acts must comply with federal laws in this area.

Along with the laws of the constituent entities of the Federation, presidents of republics, heads of administrations of territories, regions, autonomous okrugs and autonomous regions, mayors of federal cities, as well as executive authorities of the constituent entities of the Russian Federation issue decrees, resolutions, orders, regulations, instructions and other normative legal acts. These acts are issued within the limits and forms established for the relevant authorities.

Acts of local government bodies. Local government bodies, within their competence, also create regulatory legal acts. Their examples can be decisions, orders, orders of municipalities, councils, etc. organs. The charters of municipalities have the greatest legal force in this system. Acts of municipal bodies and local government officials establish mandatory rules of law for the population of the relevant territories. These acts establish the status of bodies and officials, the procedure for their formation, powers, the procedure for managing municipal property, rules of public order and other norms of local importance.

The concept of systematization of regulations

Systematization of regulations- this is an activity aimed at improving and streamlining regulations, bringing them into a certain system.

The essence of systematization of regulations is to eliminate contradictions, inconsistencies and other shortcomings of the current legislation.

The purpose of systematization of normative acts is to streamline the current legislation and give it stability and an internally consistent normative system.

The subjects of systematization are government bodies, legal services of organizations, and in certain cases, private individuals.

Bringing regulations into an orderly system is carried out in three ways:

By publishing a collection of normative acts,

By revising and supplementing existing legal norms, which means creating new regulations,

By combining several regulations into one enlarged act.

Systematization is necessary to ensure accessibility of legislation, ease of use, to eliminate gaps and resolve legal conflicts.

Types of systematization of regulations

According to the method of bringing into the system There are three types of systematization of normative acts: incorporation, codification and consolidation.

Incorporation- this is the bringing of normative acts into the system without changing their content through the publication of various kinds of collections. Incorporated publications are collections of laws, other normative acts, collections of legislation and a code of laws.

There are different types of incorporation:

1. Depending on the principle of association, two types of incorporation are distinguished: chronological (by year) and systematic (by subject of legal regulation).

2. Depending on the volume, a distinction is made between general (full) incorporation, which includes all valid acts of a certain level or type, and partial (incomplete) incorporation, i.e. when the meeting contains only a certain part of the normative acts.

3. According to the source, incorporation can be official, i.e. carried out by government bodies or on their instructions and unofficially, i.e. carried out by organizations and individuals at their own discretion.

Codification is the bringing of regulations into a system by processing and supplementing existing rules of law, changing their content and adopting new laws.

By content there are three codified acts : Fundamentals of legislation, codes, charters, regulations, rules.

The fundamental principles of legislation establish the most important provisions (basic principles) of branches of law or areas of government regulation. The Fundamentals constitute the regulatory framework for the codification activities of the subjects of the federation.

Charters regulate a certain area of ​​government activity, for example, the operation of railway transport, inland water transport, military service, and so on.

Regulations are normative acts of a certain effect that regulate in detail the status or organization of activities of government bodies, organizations and institutions. This is, for example, the provision on service in internal affairs bodies.

Rules are normative acts that determine the procedure for organizing any activity;

Codified acts form the basis of activity, legislation and are designed for long-term regulation of public relations.

Consolidation legislation is overcoming the multiplicity of normative acts by combining them into one enlarged act, which replaces the acts included in it. During consolidation, the content of previously adopted acts does not change. At the same time, their editorial editing is carried out: contradictions, repetitions and length are eliminated.

In the Russian legal system, the variety of sources of law is very large. But it is also based on such a concept as a normative legal act. What are the specifics of their publication and what types of these sources of law are there? Can the term NPA be interpreted in different ways? Which ones exactly?

Traditional vision of the nature of NPA

Some lawyers consider the following definition of the term “normative legal act” to be typical. This is a written document that is adopted by a subject of law (a government agency, a local government structure or an institution of direct democracy) in order to express the orders of the authorities and regulate relations in society.

The main property of normative legal acts (or abbreviated as NLA) is normativity. Also, such sources are endowed with the property of unquestioned legitimacy.

Scientific vision of the nature of NPA

Among legal scholars, there is an opinion that a legal document is a written document that expresses the official will of a government body regarding the establishment, adjustment or abolition of certain rules of law (rules of a generally binding nature that are subject to repeated application).

Official vision of the nature of NPA

Among the authorities, examples of other definitions of what a normative legal act is are used. According to one of them, a legal act is an act containing legal norms and regulations that are designed for long-term (usually) use and apply to an indefinite (or very wide) circle of persons.

The Supreme Court of the Russian Federation at one of the plenums also defined legal acts. According to the judges, acts of authorized government bodies or officials that establish legal norms or rules of behavior, directed to an indefinite number of persons and subject to repeated application, regardless of the presence or absence of legal relations regulated by the act, are recognized as normative and legal.

Classification of legal acts

There are different types of legal acts. There are several reasons for their classifications. One of them depends on the legal status of the entity that issues laws (engaged in lawmaking). The system of regulations adopted in Russia implies the following classification of sources of law according to the criterion in question:

  • These are acts of state bodies (on behalf of the Government of Russia, regional or municipal structures of executive power).
  • These are codes of practice published (and also by corporations).
  • These are joint regulations (which government agencies issue by joining forces, for example, with corporations).
  • These are sources of law adopted in referendums through the direct expression of the will of the people.

Types of legal acts may vary depending on the geography of application. There are federal regulations, sources of law for subjects, as well as laws issued by municipalities and (corporate, at the institutional level). Another basis for classifying legal acts is the validity period. There are documents whose validity period is not defined, and there are temporary sources of norms.

Legal acts and acts of application of law

Some lawyers distinguish between the concept of legal acts and such a phenomenon as the act of applying the law. The differences between these two documents may be in the following nuances.

  • Firstly, regulations are designed to manage typical, relatively common social relations. Acts of application of law govern particular situations and create precedents. Example - the Civil Code of the Russian Federation is a normative legal act, and the decision of the mayor's office regarding the appointment of those responsible for the issue of greening the city is an act of application of law.
  • Secondly, it matters to whom the action of the source of law is directed.

Regulatory legal acts, as a rule, are not personalized. They are addressed to an indefinite number of people. Acts of application of law have an individual focus. The legal acts may establish, adjust or cancel any that do not have such properties. It may be part of the enforcement process related to the requirements of regulations.

Legal acts and non-normative legal acts

A number of experts consider it necessary to distinguish between the concepts of legal acts and “non-normative legal acts”. The criteria are as follows. A normative act is the result of the legislative work of government bodies and officials. They contain rules and norms of a generally binding nature, not personalized, designed to be used over a long period of time. Non-normative acts do not contain any of the listed characteristics. One of their possible definitions is “instructions limited in time and addressed to specific subjects.”

At the same time, there is an opinion that non-normative acts are more strict and set unambiguous instructions indicating legal consequences for a specific person or group. The Code of Civil Procedure of the Russian Federation contains norms according to which a person who considers that a non-normative legal act issued to him violates his freedoms can challenge his obligations that have arisen in accordance with the content of the act.

Scope of regulation of federal laws

One of the key types of federal legal acts in Russia is laws. Their scope of regulation, according to some lawyers, includes the following key issues:

  • implementation of the rights, freedoms, duties of citizens, their protection;
  • establishing norms of legal responsibility of citizens for certain actions.

The scope of regulation of the Federal Law includes issues of federal relations. This is the management of democratic processes (elections at different levels, referendums).

Legal acts of the Russian Federation at the federal level are responsible for the ratification or denunciation of agreements signed by Russia with other states. Federal laws regulate budget policy, collection of taxes and duties. Federal Laws are sources of norms relating to national security and military policy. At the federal level, key issues are resolved regarding the justice system, the resolution of civil disputes, the work of arbitrations, lawyers and jurists. Federal laws are designed to regulate a variety of spheres of public life and state building. There is a Federal Law “On Joint-Stock Companies”, and there is a similar act regulating the activities of LLCs. Some lawyers allow the classification of Federal Laws into two types - current acts and codified ones.

The Constitution is an act with supreme legal force

The most important Russian normative legal act is the Constitution. It has the highest legal force. This source of law is endowed with a constituent character: the regulations and norms contained in the Constitution are the basis for absolutely all other legal acts issued in Russia. This source of law is published by none other than the Russian people. The Constitution is not only a legally significant document. This is the basis for the course of key social and political processes. It expresses the public consent of people, each of whom may have a completely unique political interest. The Constitution of the Russian Federation enshrines the key characteristics of the state structure, the structure of government bodies, and the relations between the country's population and socio-political institutions.

Specifics of federal constitutional laws

A subtype of the Federal Law is constitutional laws. They have some specifics. These laws are adopted with the aim of regulating processes that are directly stated in the Constitution of the country. Among these, for example, is the status of key government institutions. Their activities are regulated by constitutional laws - “On the Government”, “On the Constitutional Court” and the like. There are acts regulating the introduction or abolition of statuses that affect the degree of sovereignty of the state. Among these is the law on the introduction of martial law. Federal constitutional laws of Russia introduce rules and norms relating to the administrative and political structure of the country, determine the rules by which new entities can be admitted to the federation. The legal force of constitutional laws is higher than that of ordinary federal laws (according to Article 76 of the Constitution). These acts are adopted in a more strict manner. For example, in order to approve or amend a constitutional law, at least 60% of the members of the Federation Council and at least two-thirds of the State Duma deputies must vote “for”.

Laws of the subjects of the Federation

Each of the subjects of the Russian Federation - be it an autonomous district, region, region or republic - has the right to issue their own laws. Such normative legal acts are adopted by the legislature or the subject (most often, this is the state council). Acts issued by the authorities of the constituent entities of the Federation are designed to regulate issues related to key areas of social, political and economic development of the region.

The main criterion is the compliance of the adopted law with the Constitution of the Russian Federation and other legal acts with higher legal force. Example: there is a Federal Law “On the General Principles of Local Self-Government”. The norms prescribed in it must be taken into account when forming the legislative framework relating to the work of municipalities of the constituent entities of the Federation. If, say, the State Council of the Republic of Tatarstan adopts its law on local self-government, then the norms contained in it should not contradict the Federal Law, which is indicated above. Some lawyers believe that the effect of regulations adopted by government agencies of the constituent entities of the Federation cannot extend to civil legal relations, since they are outside the jurisdiction of regional structures.

Features of municipal legal acts

Municipal legal acts differ from legal acts at the federal and regional levels in that they are valid only in a certain territory - city, district, district. The system of legal acts at the municipal level consists of the following sources:

  • charter of the territorial unit;
  • sources of law issued by the local representative authority;
  • acts adopted by the mayor, administration and other officials (in accordance with the charter).

Municipal ones can be adopted by the population at a local referendum or meeting. It is noteworthy that these legal acts have the same legal force as the charter. Moreover, several years ago, the Russian Ministry of Justice issued an order regulating the relationship between the municipal charter at the stage of its state registration and the sources of law approved at the people's assembly. If the approved charter contains norms that contradict those contained in the legal acts adopted in a referendum, then it is recognized as inconsistent with the Constitution of Russia and cannot be registered.

International laws of the Russian Federation

There is a special type of legal acts - Federal Laws on the ratification or denunciation of international agreements of Russia. They are adopted on the basis of the provisions of Article 106 of the Constitution. These laws have a specific adoption procedure, but are a full-fledged part of the national legal system. Regulations of this type are published through the Bulletin of International Agreements. Article 15 of the Constitution states that treaties signed by the Russian Federation with other countries take precedence over national legislation. And therefore, some lawyers call such legal acts the highest in the hierarchy of federal laws.

Government regulations

Regulatory acts of the Government of the Russian Federation are issued in accordance with Article 115 of the Constitution, as well as in accordance with the norms of the constitutional law “On Government”. What is the legal nature of government regulations? In order to fulfill the requirements of the Constitution, Federal Law, and decrees of the head of state, the Government of Russia issues special forms of documents - resolutions, orders, and also monitors their implementation. Acts issued by the Government are thereby subordinate to law. They must fully comply with the Constitution and other sources of federal law. Resolutions, according to some lawyers, are the most significant type of government regulations. These sources regulate key issues within the competence of the Russian executive branch. Orders are normative legal acts regulating current issues. Both types of government sources of law are adopted, as a rule, by the Presidium, but in some cases they can be issued by the Prime Minister of Russia himself.

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

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

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

Its supremacy in the system of normative acts of the Russian state is determined by the following: 1). The Constitution was adopted by referendum as a result of the free expression of the will of the entire people; 2). The Constitution establishes the basic principles, principles, norms of the social and state system; 3). The Constitution contains a list of fundamental rights and freedoms of man and citizen; 4). The Constitution fixes the structure and competence of the highest bodies of state power and administration; 5). The Constitution is adopted and amended as a result of compliance with a complicated law-making procedure; 6). The Constitution establishes the system of election and powers of the President of Russia; 7). The Constitution establishes the system of judicial and executive power, the basic norms of local self-government.

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

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

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

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

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

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

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

The law of June 14, 1994 recognizes the date 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 laws cannot contradict federal constitutional laws, since the latter have higher legal force (Part 3 of Article 76 of the Constitution of the Russian Federation).

In accordance with the Constitution of the Russian Federation, the 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. In the event of a conflict between a federal law issued in accordance with Part. 1.2 tbsp. 76 of the Constitution of the Russian Federation, and other acts issued in the Russian Federation, a federal law is in force (Part 5 of Article 76 of the Constitution of the Russian Federation). Such laws cannot contradict federal law. This demonstrates the principle of unity of legal regulation and legal regime on the territory of the entire state.

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

Federal constitutional laws are adopted on issues directly provided for by the Constitution of the Russian Federation. These include laws on referendums (clause “c” of Article 84 of the Constitution of the Russian Federation); on the introduction of a martial law or state of emergency (Part 3 of Article 87 and 88 of the Constitution of the Russian Federation); on the procedure for the activities of the Government of the Russian Federation (Part 2 of Article 114 of the Constitution of the Russian Federation) and other laws.

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

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

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

Presidential decrees should be distinguished from his orders, which are not normative in nature

Decrees of the President of the Russian Federation are mandatory for execution throughout the entire territory of the Russian Federation (Part 2 of Article 90 of the Constitution of the Russian Federation). This is the basis for the mandatory nature of Presidential decrees issued within the limits of his competence and the jurisdiction and powers of the Russian Federation in relation to the actions and acts of the bodies of the constituent entities of the Russian Federation. Compared to laws, decrees are relatively quickly adopted and come into force.

In the event of disagreements between federal government bodies and government bodies of the constituent entities of the Federation, the President may use conciliation procedures to resolve disagreements, and if an agreed decision is not reached, refer the resolution of the dispute to the appropriate court (Part 1 of Article 85 of the Constitution of the Russian Federation).

As for the federal executive authorities and the Presidential Administration, by virtue of the powers of the head of state, Presidential decrees are binding on all named bodies and officials “in a straight line.”

Decrees of the President of Russia are not should contradict the Constitution of the Russian Federation and federal laws (Part 3 of Article 90 of the Constitution of the Russian Federation). If the decree of the President contradicts the Constitution and laws of Russia on the basis of the opinion of the Constitutional Court of the Russian Federation, the decree loses force.

This provision sometimes gives rise to the conclusion that presidential decrees are unconditionally classified as subordinate acts. However, they forget about the principle of separation of powers and the powers of the President as the guarantor of the Constitution of Russia, the rights and freedoms of man and citizen, taking measures to ensure the independence and integrity of the state, the coordinated functioning and interaction of government bodies (Part 2 of Article 80 of the Constitution of the Russian Federation ).

The President of the Russian Federation is authorized to take such measures not only “on the basis of laws” (the main formula of the by-law nature of the act), but also in absence of law. And this situation, unfortunately, at the present time of the transitional, unstable development of the country arises repeatedly. This is the case, for example, with the exercise of the private property rights of citizens to land, provided for in Art. 9 and part 1 art. 36 of the Constitution of the Russian Federation, the implementation of the second stage of paid privatization, and even the adoption of laws on martial law.

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

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

The President is obliged in such cases to take regulatory and legal measures to ensure the norms of the Constitution pending the adoption of federal laws. In the annual messages of the President to the Federal Assembly, attention was drawn to this more than once. In the context of the still ongoing instability of the country's development, such a practice seems simply necessary. This possibility follows from the formula - “decrees must not contradict the Constitution and laws.”

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

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

4. Decree of the Government of the Russian Federation. According to V.M. Raw, every year the Government adopts more than 1000 regulations on various issues. Approximately every third federal law contains instructions to the Government to develop certain regulations “for its implementation.”

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

This constitutional formula directly implies the subordinate legislation and even the “mandatory nature” of the decrees of the Government of the Russian Federation.

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

5. Regulatory acts of ministries and other federal executive bodies (departments). Their peculiarity is that ministries and departments (departments include: state committee, committee, federal service, Russian agency, federal inspection) can issue orders and instructions containing rules of law, in cases and within the limits provided for by the laws of the Russian Federation, presidential decrees , Government resolutions.

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 and are mandatory for all organizations, institutions, and officials subordinate to ministries and departments.

Regulatory acts of ministries and departments are inferior to presidential decrees and government regulations in legal force. Most of the acts of ministries and departments are acts of internal action, i.e. regulate only the structure and functioning of the relevant department and are mandatory only for employees of this department. Some ministries and departments may issue acts of external action that are mandatory for citizens and organizations not subordinate to this department (for example, acts of the Ministry of Internal Affairs, the Central Bank of the Russian Federation, the Ministry of Finance, the Ministry of Transport, the Sanitary and Epidemiological Supervision, the Tax Service and many other bodies. ).

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

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

Registration with the Ministry of Justice of the Russian Federation is necessary to verify the legality of the rule-making decision of 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 the regulations of ministries and departments when resolving disputes.

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

6. Regulatory acts of the constituent entities of the Russian Federation and local self-government. Local acts. The authorities and management bodies of the subjects of the Federation, solving the problems that confront them, and according to their competence, make decisions, expressing them in normative legal acts. The regulatory legal acts they issue apply only to the territories of the relevant regions. Adopted in accordance with current federal laws and cannot contradict them.

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

Acts of municipal bodies and heads of administration, township and rural gatherings (meetings) of citizens establish mandatory norms rights for the population of self-governing territories, institutions and organizations operating within these territories.

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

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

In legal theory local regulations 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 subjects of the Federation have the right to adopt resolutions, orders, orders. The head of the administration may issue decrees and orders on issues within his competence.

There are also local acts of state and non-state institutions and organizations of various forms of ownership. Organizations create various legal acts: orders issued by the head of the organization, charters and regulations on the basis of which they carry out their activities.

Such acts constitute the lower 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).

Currently, there are known discrepancies between federal laws and the laws of the constituent entities of the Federation. There are also mutual claims and disagreements between the parties. They, however, are gradually being overcome in the process of concluding agreements between the Federation and its constituent entities, and in some cases - by decisions of the Constitutional Court of the Russian Federation.

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

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

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

Typical examples today could be the charters and rules of the internal organization of a joint-stock company, a non-profit foundation, a public organization, or a government agency.

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

Social relations can be regulated by such sources of law as agreement and custom, sanctioned by the state.

7. Regulatory agreement. Agreement - 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.

Regulatory agreement is an agreement with the participation of authorized government bodies, containing legal norms. Mandatory for a large number of formally undefined circles of people, designed for repeated use.

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

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

Signs of a normative agreement:

  • - legal framework - complements and specifies the current legislation; the higher the place in the management hierarchy occupied by the participating government body, the higher the legal force of the agreement;
  • - are in the public interest, the goal is to achieve the common good;
  • - contains rules governing the behavior of not only the direct parties to the agreement, but also other entities;
  • - uncertainty, multiplicity of addressees;
  • - designed for long-term action and repeated use;
  • - formalized conclusion system;
  • - change or refusal to perform unilaterally is unacceptable;
  • - publicity, general availability - official publication, confidentiality is not applicable.

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.

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).

8. Custom as a source of law.

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

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.

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

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