A legal act establishing the basic rules. Regulatory acts of the Russian Federation

a document issued in accordance with the established procedure by an authorized body of state power, local government body or official, establishing legal norms (rules of conduct) that are binding on an indefinite number of persons, designed for repeated use and valid regardless of whether the specific legal relations provided for have arisen or ceased by law.

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REGULATORY LEGAL ACT

from English standard / normative act) - an official government document of the competent law-making body, adopted in a certain procedural manner and containing the rules of law. N.p.a. are in a strict hierarchical subordination, on which their legal force depends. There are differences between the Constitution (Basic Law) and other laws adopted by representative legislative bodies, as well as subordinate laws.

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REGULATORY LEGAL ACT

an act issued in the prescribed manner by an authorized body of state power, a local government body or an official, establishing legal norms (rules of conduct) that are binding on an indefinite number of persons, designed for repeated application, and valid regardless of whether specific legal relations provided for by the act have arisen or ceased. A legal act of an individual nature is understood as an act that establishes or abolishes the rights and obligations of specific individuals.

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LEGAL ACT

the result of the law-making activities of the relevant state or non-state bodies, which is a text containing legal and other norms, including norms of professional morality. N.-p. A. adopted and published in the manner prescribed by law, has a special structure. Publication N.-p. A. entails legal consequences. Departmental N.-p. A. The Ministry of Internal Affairs of Russia and the Ministry of Justice contain a number of standards of professional morality that are mandatory for law enforcement officers.

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REGULATORY LEGAL ACT

a written official document adopted (issued) by a law-making body within its competence and aimed at establishing, amending or repealing legal norms. In the Russian Federation and its constituent entities N. p.a. are issued in the form of constitutions, charters, federal constitutional laws, laws, codes, presidential decrees, government decrees, orders of heads of regional administrations (governors), etc. According to the Rules for the preparation of normative legal acts of federal executive bodies and their state registration, approved by a resolution of the Government of the Russian Federation dated August 13, 1997, by federal executive authorities N. p. a. are issued in the form of decrees, orders, regulations, rules, instructions and regulations. Edition N. p.a. in the form of letters and telegrams is not allowed. It is the main source of law in the Russian Federation and other countries of the Romano-Germanic legal system. N.p.a. form a coherent system based on their legal force.

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LEGAL ACT

according to the State Duma resolution of November 11, 1996 No. 781-II GD “On appeal to the Constitutional Court of the Russian Federation”, - a written official document adopted (published) in a certain form by a law-making body within its competence and aimed at establishing, changing or abolishing legal norms, i.e. generally binding regulations of a permanent or temporary nature, designed for repeated use. In accordance with the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration, approved by Decree of the Government of the Russian Federation dated 08/13/1997 No. 1009 (as amended by Decrees of the Government of the Russian Federation dated 12/11/1997 No. 1538, dated 11/06/1998 No. 1304, dated 11.02.1999 No. 154, dated 30.09.2002 No. 715), regulatory legal acts are issued in the form of decrees, resolutions, orders, instructions, rules, instructions and regulations. Legal acts issued in a different form (for example, instructions, etc.) should not be normative in nature. The publication of normative legal acts in the form of letters and telegrams is not allowed. Structural divisions and territorial executive authorities do not have the right to issue regulatory legal acts.

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Regulatory legal act

official act - a document containing legal norms and adopted by the competent rule-making body or in a referendum.

Depending on their legal force, normative legal acts are divided into two groups: laws and by-laws.

The laws include: the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions (charters) of the constituent entities of the Russian Federation; other laws of the constituent entities of the Russian Federation.

By-laws include: decrees and orders of the President of the Russian Federation; regulatory acts of the Government of the Russian Federation; regulatory acts of federal ministries, committees and other departments (orders, instructions, regulations); normative legal acts of legislative bodies of the constituent entities of the Russian Federation (provisions, regulations, etc.); regulatory legal acts of executive authorities of the constituent entities of the Russian Federation (decrees, regulations, etc.); regulatory legal acts of local government bodies; local regulatory legal acts (acts adopted at the level of a specific enterprise, institution, organization).

See Law, Law of a Subject of the Russian Federation, Instructions on Electoral Law, Federal Law, Federal Constitutional Law.

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LEGAL ACT

an authoritative order of state bodies that establishes, changes or repeals rules of law (law, code, resolution, instruction, etc.). It is one of the main sources of law of a modern state, the predominant form of legal regulation of social relations. N.p.a. form a coherent system based on their legal structure. Unlike other sources (forms) of law (such as legal customs, judicial and administrative claimants) N.p.a. has the following characteristics: it is the result of lawmaking by competent state bodies or a popular expression of will (referendum). Lawmaking is an activity aimed at preparing, publishing, improving or repealing legal norms. It has two main forms: direct Law-making (referendum) and indirect (state) Law-making; contains only rules of law, i.e. rules of a general nature, in contrast to individual legal acts, which are designed for one-time use and are not a source of law. As a source of law N.p.a. should be distinguished from the source of knowledge about law (i.e. collections of legislation, legal monuments, works of lawyers). N.p.a. drawn up in the form of an official state document that has mandatory attributes: the name of the act (law, decree, resolution); name of the body that adopted the act (parliament, president, government, local government); has an internal structure (sections, chapters, articles, paragraphs). N.p.a. classified on various grounds: legal force; content; volume and nature of the action; to the entities publishing them. In terms of legal force, all N.p.a. are divided into laws and regulations. A law is a legal regulation adopted by the highest representative body of the state, in a special legislative order, possessing the highest legal force and regulating the most important social relations from the point of view of the interests and needs of the country's population. Laws are divided into constitutional and ordinary. By-laws are divided into general, local, departmental and intra-organizational. General by-laws follow the laws in legal force. Their effect applies to all persons within the territory of the country. These include acts of the highest (central) executive authorities: regulatory decrees of the president, government regulations. Local by-laws are issued by local bodies of representative power and local government (decisions or resolutions of the municipality, mayor's office, prefect). Departmental N.p.a. are issued by structural divisions of government bodies (ministries, committees, departments) and apply only to a limited sphere of public relations (customs, banking, transport, currency and credit, etc.). Intra-organizational by-laws are issued by various organizations to regulate their internal issues and apply to members of these organizations. Acts of the judiciary acquire a normative character as a result of generalization by judicial practice, which is fundamentally individual, law enforcement in nature. Judicial practice becomes a source of law when the court is forced to specify, clarify the content of legal norms or create new norms due to uncertainty, inconsistency, ambiguity or gaps in the law. See t.zh. SOURCES OF LAW.

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REGULATIONS

1) acts of lawmaking issued by legislative, executive, and often judicial authorities. N.-p.a. can be considered essentially synonymous with the concept of “legislation in the broad sense”. It is the main source of law in the countries of the Romano-Germanic legal family, and plays an important role in the countries of Anglo-American law. From other sources of law N.-p.a. They are distinguished by the general nature of the instructions they contain, designed for repeated use, the ability to cover wide areas of public life, the relative speed of the procedure for their adoption, modification or repeal, and the technique of their systematization and codification. N.-p.a. are issued by state bodies only in a certain form and within the competence of the law-making body: the legal force of a normative act is determined by the place in the system of state bodies of the body on behalf of which it was issued. In turn, in the hierarchy of N.-p.a. reflects the structure of the state. Thus, in federal states the federal form of government is refracted in it. Soviet legal doctrine considered N.-p.a. as basic and even exclusive forms (sources) of law. Under the conditions of a totalitarian political regime, the concept of “N.-p.a.” unwittingly turned into a screen that hid the incompatibility of the rule of law with the command-administrative system and the dictates of the ruling party. Representing the most important component of the system of sources of law, N.-p.a. Together they form a complex structure, built on both a horizontal (sectoral) and vertical (hierarchical) principle (see Legislative system). Although the principles for constructing a system of normative acts are generally the same (hierarchy, subordination, as a rule, the rule of law), it is hardly possible to give a single universal classification of N.-p.a. This is due, firstly, to new trends at the intersection of international and national law, which are manifested in the recognition of generally accepted principles and norms of international law as an integral part of national law, in the constitutional consolidation of the primacy of international law over domestic law in a number of Western European countries, including .h. in the Constitution of the Russian Federation. Accordingly, the principle of the rule of law acquires a restrictive interpretation. Second, there are doctrinal and structural differences between legal systems, and sometimes within legal families. For example, the form of constitutions is not universal: they can be written or unwritten, have the form of a mono-constitutional act and several basic laws (Sweden, Finland), etc. Concepts of law differ significantly. Thus, in countries of Anglo-Saxon law, the concept of law has a broad and narrow meaning: in the first case, it is understood as any written or unwritten norm that is subject to judicial protection, in the second - the actual act of parliament. The term “legislation” covers normative acts of national bodies (government, ministers), adopted on the basis of delegation of powers to them by parliament on a particular issue (“delegated legislation”), as well as by-laws of some local bodies. In the countries of Romano-Germanic law, the concepts of law are distinguished in the material sense, i.e. any norm emanating from the state, regardless of the form of its presentation and “law in the formal sense” (an act of the highest representative body of state power adopted in a special manner, having the highest legal force). In Great Britain, a law (statute) can be passed by Parliament on any issue. In contrast, the French parliament cannot intrude into the sphere of regulatory (governmental) power when making laws. In the Russian Federation, the law regulates the most important issues of public and state life, etc. The types of laws are also different. In the UK, for example, these are Acts of Parliament, Delegated Legislation and Devolved Legislation. In countries of Romano-Germanic law, a distinction is usually made between constitutional laws, organic laws, program laws, framework laws, decree laws, and emergency laws. In addition, in the member countries of the European Union (EU), EU acts, in particular, regulations, directives, and decisions adopted by Union bodies, are treated as law and even take precedence over it. In the Russian Federation, federal constitutional laws, federal laws and laws of the constituent entities of the Federation are published (see also in Art. Sources of Law). The relevant branches of government of the constituent entities of the Federation issue regulations on issues of joint jurisdiction with the federation, as well as their own jurisdiction. Moreover, in the event of a contradiction between the federal law and the normative legal act of a constituent entity of the Russian Federation, issued on a matter of its own jurisdiction, the normative legal act of the constituent entity of the Russian Federation shall apply. N.-p.a. (usually in the form of decisions) are also issued by local governments, local administrations, as well as the administration of associations, enterprises, institutions (the so-called local law-making, for example, internal labor regulations). 2) Limits of action of N.-p.a. All normative acts operate within a certain framework, outlined by time, space and circle of persons. I. Action in time determines the entry of N. - p.a. into legal force and the moment of its termination. As a general rule, the laws of the Russian Federation, other N.-p.a. legislative bodies come into force, i.e. become generally binding simultaneously throughout the entire country after 10 days; acts of the President of the Russian Federation and the government - after 7 days from the date of their official publication in the Rossiyskaya Gazeta and the Collection of Legislation of the Russian Federation. Acts of ministries and departments are also expected to come into effect 10 days after their official publication. In addition, they are subject to mandatory state registration with the Ministry of Justice. Acts that are not of general significance are brought to the attention of the bodies and persons to whom they apply, without being published; such acts come into force from the moment they are received by the addressee. Often, the text of the law itself or another regulatory act (or a specially adopted act on the entry into force of this law) contains an indication of the specific calendar date from which the act comes into legal force, for example, Part 1 of the Civil Code of the Russian Federation was put into effect on 1 January 1995. N.-p.a. may also acquire force from the moment of its publication (acceptance or signing), which is recorded in the text of the relevant act. The procedure for the entry into force of acts of constituent entities of the Russian Federation and municipal bodies is not clearly defined; in practice, this is the moment of their adoption. There are also three ways to terminate the validity of the N.-p.a.: 1) upon expiration of the validity period established in the normative act itself (a rare case); 2) with a direct indication of cancellation contained in a special act; 3) in connection with the adoption of a new act regulating the same range of social relations, even if the old law has not been formally repealed. N.-p.a. may have retroactive effect, i.e. the new act applies to legal relations that arose before its adoption. These special cases must be specifically regulated. As a general rule, a law has retroactive effect if it mitigates the punishment or eliminates the punishability of an act. When regulating ongoing legal relations (mainly civil law), a situation called “outliving the old law” is possible, which has already been formally repealed, but some of its provisions continue to apply. II. The action of an act in space presupposes territorial restrictions on its action, i.e. extension of its legal force to the territory of the entire state or only to part of it. In federal states, acts of federal bodies are valid throughout the territory of the federation, acts of federal subjects - on the territory of these subjects, acts of municipal bodies - on the territory of administrative units. The extraterritorial effect of regulations is also possible, when the legislation of a state extends beyond its territory, for example, issues of inheritance are resolved in accordance with the legislation of the state where the testator permanently resided. International treaties may allow the application of foreign legislation on the territory of a particular state. III. Action of N.-p.a. by a circle of persons implies the extension of the effect of regulations to all individuals and legal entities located on the territory of the state. Some acts apply only to certain categories of subjects of law based on membership in the state, gender, age limit, professional affiliation and other grounds (for example, disability). Foreigners and stateless persons do not have political rights and obligations, in particular, they cannot elect or be elected to representative bodies, cannot be judges, or serve in the Armed Forces and internal affairs bodies. Heads of state and government and other persons enjoying diplomatic immunity (extraterritoriality) do not bear criminal and administrative liability if they commit a crime or administrative offense. G.I. Muromtsev, O. V. Orlova

The legal system of most modern states operates on the basis of regulations. Sources of law of this type in the Russian legal system are presented in a wide range of varieties. Which authorities are responsible for the adoption of regulations in the Russian Federation? What are the specifics of the subordination of relevant sources of law in terms of comparing legal force?

Regulatory acts in the system of sources of law

Regulatory acts are one of the most common types of sources of law in modern states. Depending on the specific country, they will be leading or combined with other categories, such as, for example, legal custom or judicial precedents. The main feature that characterizes normative acts is that they are issued with the direct participation of political institutions (legislative, executive bodies). This means that in all cases they will be of an official, generally binding nature. Let's look at other features that characterize regulatory acts.

Signs of regulations

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

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

Relationship between laws and regulations

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

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

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

Criteria for the legal force of a normative act

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

Classification of acts: Constitution

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

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

Classification of acts: laws

A step lower relative to the legal force of the Constitution in the legal system of the Russian Federation are laws. They are government regulations adopted by the legislative body. In the Russian version, it can be federal or regional. Laws are characterized by a number of special features. Let's look at them.

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

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

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

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

Federal constitutional laws

These regulations are an instrument for state regulation of key social relations, which are discussed in the Russian Constitution. A significant part of the FKZ is aimed at legal registration of the status of key political institutions. In particular, such acts include the Federal Law on the Government of the Russian Federation or, for example, on the Constitutional Court of Russia. Other Federal Laws regulate various legal conditions. These include the law that defines the conditions and procedure for introducing emergency provisions in the state. Federal constitutional laws are the main source of law within the framework of precedents reflecting changes in the territorial composition of the Russian Federation - for example, when new entities are admitted to Russia. In order for the FKZ to be adopted, at least two-thirds of the State Duma deputies, as well as three-quarters of the senators of the Federation Council, must vote for it.

Federal laws

These federal regulations are among the most numerous. At the same time, federal laws in practice can be presented in a fairly wide range of varieties. For example, a type of Federal Law are various Codes, which are systematized sources designed to regulate a particular area of ​​public communications.

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

Ratification laws

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

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

By-laws at the federal level

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

Presidential Decrees

The main role of Decrees is to give the status of normative acts to the competencies of the President of the Russian Federation, which are enshrined in Chapter 4 of the Russian Constitution. Decrees of the head of state are mandatory for execution throughout the entire territory of the Russian Federation. They, as we noted above, should not contradict the Federal Law, Federal Law Code, and also, of course, the Constitution. It may be noted that some Presidential Decrees fall into the non-normative category. At the very beginning of the article, we defined one of the criteria for classifying a particular source of law as regulatory acts - publicity. Accordingly, those Decrees of the head of state, the provisions of which do not imply this criterion (that is, aimed at a narrow circle of people), are considered non-normative. Such acts may be associated, for example, with resignations or appointments in the Presidential Administration and other government bodies.

Government Decrees

The Decree of the Government of the Russian Federation is also a normative legal act belonging to the category of subordinate legislation. They are published on the basis of the provisions of the Constitution of the Russian Federation, various Federal Laws or Decrees of the head of state. They are also mandatory in all regions of the country. At the same time, the President of the Russian Federation has the right to cancel Resolutions of the highest executive body of power if they contradict the basic law of the country (Constitution), Federal Law or Decrees of the head of state. Resolutions are implemented within the scope of their jurisdiction, which may relate to the Russian Federation or, jointly, to the Russian Federation and its constituent entities. Thus, executive bodies at the federal and regional levels operate within a single system.

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

Regional laws

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

Subjects of the Russian Federation with the status of territories and regions have Charters, those that are republics have Constitutions. Their role, in general, is similar to that of the fundamental law of Russia. That is, these legal acts record the formation of political institutions and regulate key social relations. All legal acts approved on the territory of the subject must comply with the Constitutions and Charters. In turn, none of the acts adopted in the region should contradict any federal law or the Constitution of the state.

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

Municipal laws

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

Corporate specifics

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

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

Question 4. What is meant by a normative legal act?

Answer: A normative legal act is the most characteristic and important source of law of the Russian Federation.

A normative legal act is understood as an act issued by an authorized government body and containing legal norms, i.e., regulations designed for long-term validity and repeated application, as well as regulations on changing or terminating (cancelling) the validity of these norms.

The very concept of “act” is generally used in legal theory in a double sense. First, an act is an action; secondly, an act is a material (written) medium of information - a document. It is in the latter sense that a normative legal act acts as a source of law. It should be emphasized that the term “normative legal act” cannot be abbreviated. The instructions, which define the rules for handling equipment, contain (technical) standards, but they are not legal. Thus, the term “normative legal act” cannot be replaced by the term “normative act”.

The same applies to the term “legal act”, since these, along with normative legal acts, include law enforcement acts (for example, a court verdict) and acts of interpretation of law (for example, numerous commentaries on laws).

Regulatory legal acts perform two equivalent functions: on the one hand, being carriers of legal norms, they act as a source of law; on the other hand, they express the state will, that is, they have legal force.

The concept of “legal force” indicates the place of a normative legal act in the legislative system, as well as the significance of the body that issued it.

According to their legal force, all normative legal acts are divided into laws and by-laws.

In the actual legal sense, a law is a normative legal act adopted in a special manner by the highest representative body of the legislative branch or by the direct expression of the will of the population (for example, by way of a referendum) and regulating the most important and stable social relations.

Laws occupy a leading place in the system of regulatory legal acts. They are divided into constitutional and ordinary. The first includes the constitution and constitutional laws that introduce amendments and additions to the constitution, as well as laws the need for publication of which is directly provided for by the constitution. The Constitution of the Russian Federation of 1993 names fourteen such constitutional laws. An example of the latter can be the laws on the Government of the Russian Federation (Article 114), on the Constitutional Court of the Russian Federation (Article 128). For constitutional laws, a complex procedure has been established in comparison with ordinary laws for their passage and adoption in the Federal Assembly. An adopted constitutional law cannot be vetoed by the President.

Ordinary laws are divided into subordinate and current. By-laws include the Fundamentals of Legislation of the Russian Federation and codes. The Fundamentals is a federal law that establishes principles and defines general provisions for the regulation of certain branches of law or areas of public life. A code is a law that combines, on the basis of common principles, norms that quite actively regulate a certain area of ​​social relations.

To all that has been said, it must be added that in a federal state there are differences between federal laws and the laws of the constituent entities of the federation. In particular, in Russia there are constitutions of republics and charters of territories, regions, cities of federal significance, as well as ordinary laws of constituent entities.

All laws have special properties that determine their legal force and ensure supremacy in the system of normative legal acts:

• 1. Laws are adopted by parliament - the highest representative and legislative body or by popular vote (referendum).
• 2. Laws are aimed at regulating the most important social relations in the spheres of politics, economics, and culture. For example, laws establish the system of legislative, executive and judicial authorities, the procedure for their organization and activities.
• 3. Laws are always normative and designed for repeated application.
• 4. Laws are distinguished by a clear structuring of normative material.
• 5. Laws are adopted in a special manner established by the constitution and parliamentary regulations.
• 6. Laws are subject to publication and are binding on all citizens, officials, government bodies, and public organizations.
• 7. Laws can be amended or repealed only in a special manner, similar to the procedure for their adoption.

Subordinate legal acts also form a significant group. The first place in terms of legal force among them is occupied by decrees of the head of state (in Russia - the President of the Russian Federation).

According to his legal status, the President of the Russian Federation has the right to issue orders and decrees. Orders are issued by the President usually on current issues of an operational nature and should not contain rules of law. Presidential decrees may have a normative nature. According to the Constitution of the Russian Federation, decrees of the President are binding on the entire territory of the Russian Federation; they must not contradict the laws. However, the Constitution of the Russian Federation does not require the President to issue decrees “on the basis and in pursuance of laws.” Essentially, the President is given the right to establish norms at the legislative level by his decrees. We are talking about a kind of filling in gaps in the law.

The decrees of the President are followed by decrees of the Government. They are published on the most important issues of economic and cultural development on the basis of and in pursuance of the Constitution, federal laws and presidential decrees. If Government decisions conflict with the above-mentioned acts, they can be canceled by the President.

The next type is acts of ministries and departments. These are orders, regulations, instructions. Departmental acts mainly contain norms that develop, specify and supplement the legal provisions of laws and government regulations. They are acts of special competence and usually extend their effect only to subordinate objects, although sometimes they can be intersectoral and even general in nature.

Acts of ministries and government departments can be canceled by the Government of the Russian Federation.

In the subjects of the federation, by-laws include normative legal acts of the heads of the subjects, their governments, as well as acts of their ministries and departments.

Regulatory and legal acts of local government bodies (charters of municipalities, regulations of representative bodies, orders and regulations of administrations) also refer to by-laws.

The last type of by-laws are local regulations, which are created to operate in specific organizations, institutions and enterprises, or are intended for a certain circle of persons in a certain territory. For example, specific charters, internal labor regulations, job descriptions refer to local acts.

Life, i.e. the action of regulatory legal acts, is characterized by three parameters: time, space and circle of persons.

The validity of regulatory legal acts continues in time from the moment of entry into force until the moment of its loss. The acts come into force:

• 1) either from the moment of their acceptance;
• 2) either from the time specified in the regulatory legal act itself or in a special act on its entry into force (for example, from the moment of publication);
• 3) or upon expiration of a certain period after their publication (disclosure).

Depending on the type of regulatory act, Russian legislation sets different deadlines for the entry into force of regulatory acts after their publication. Thus, the laws of the Russian Federation come into force throughout the entire territory of Russia after ten days from the date of their official publication. Acts of the President of the Russian Federation and the Government of the Russian Federation, which are of a normative nature, come into force on the territory of Russia seven days after their publication in an official source. Departmental normative acts come into force from the day they are assigned a serial number of state registration, unless a later date of entry into force is established in the act itself.

Regulatory acts lose legal force as a result of various circumstances. If the act was issued for a certain period, it ceases to be valid upon expiration of this period. In other cases, a regulatory legal act loses force as a result of its repeal. The repeal of a previous normative act is indicated in a new act replacing the old one, or in a special list of acts repealed in connection with the adoption of new acts. One can name a third situation, when a normative legal act actually loses force due to the issuance of a new act establishing a different procedure for legal regulation.

As a general rule, regulations do not have retroactive effect. In practice, this means the following: when, for example, a property dispute arises or a crime is committed at a time when a law that has not yet been repealed was in force, although at the time of consideration of the case the law was canceled or changed. Exceptions to the general rule are allowed in rare cases when the normative legal act itself provides that it can apply to events and actions that took place before its publication.

In Russian law, laws eliminating or mitigating criminal and administrative liability have retroactive force.

With regard to action in space, regulations differ depending on whether their effect extends to the entire territory of the country, or to any precisely defined part of it, or is intended to apply outside the country.

If we are talking about federal regulations, then they apply to the entire territory of the Russian Federation. The state territory of Russia means the part of the globe that is under its sovereignty. This includes land, internal and territorial waters, airspace above it, and subsoil within the state border. Objects equated to state territory are ships and aircraft, spaceships and stations flying the Russian flag, the territory of diplomatic missions abroad, submarine cables, pipelines and other objects belonging to Russia and located on the high seas or outer space.

Acts of the constituent entities of the Russian Federation are valid on the territory of republics, territories, regions, and autonomous districts. And regulatory legal acts of local government bodies are valid only in the territory under their jurisdiction. Thus, the effect of regulatory legal acts is directly dependent on the body at what level this act was adopted.

To this it should be added that regulatory legal acts of federal government bodies can extend their effect only to a certain part of the country, if this is expressly stipulated in the regulatory legal act itself.

Finally, the norms of federal laws can also have extraterritorial effect, that is, they can be applied outside Russia. For example, with regard to the protection of citizens of the Russian Federation located outside of Russia, the rules provided for by the RSFSR Law of November 28, 1991 “On Citizenship of the RSFSR” apply. At the same time, citizens of the Russian Federation who have committed crimes abroad, if brought to trial, are held accountable not according to the laws of the place where the crime was committed, but according to the Criminal Code of the Russian Federation.

If we are talking about clarifying the effect of a normative legal act on a circle of persons, then this means determining the addressee of the normatively expressed order.

Typically, regulatory legal acts extend their effect to all subjects of law (individuals, legal entities, government bodies, public organizations) located in a given territory. However, the scope of laws and regulations in space and among persons may not coincide. Thus, the norms of the mandatory electoral law throughout Russia in terms of active suffrage do not apply to minors, as well as to mentally ill people recognized by the court as incompetent, and/or on the day of Voting, those serving sentences in places of deprivation of liberty by a court verdict.

Regulatory legal acts can only apply to workers in a certain sector of the economy. There are known, for example, statutory pension benefits for workers in the coal and metallurgical industries. Regulatory legal acts may not apply to all citizens, but only to those who occupy a certain official position.

The general principle of Russian law is that all individuals located on the territory of the Russian Federation are subject to its application. However, there are exceptions to this rule. Firstly, there are also areas of legal regulation where only a citizen of Russia can act as a subject of legal relations. Thus, service in the Russian Armed Forces is the responsibility exclusively of its citizens. Secondly, an exception is made for those foreign citizens who, in accordance with current laws and international treaties concluded by Russia, enjoy diplomatic immunity. Such persons (and these are heads of state and government, ambassadors, envoys, chargés d'affaires, family members of diplomatic staff, etc.) if they commit offenses are not subject to the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation.

To what has been said about the limits of validity of normative legal acts, it is necessary to add that the norms of one branch of law cannot extend their effect to relations regulated by the norms of another branch of law. Thus, acts regulating property relations are not designed to regulate relations between government bodies. This is the general effect of law on the subject of legal regulation.

Normative act- an official document of a law-making body, which contains legal norms.

Regulatory acts are created mainly by government bodies that have the right to make regulatory decisions on those issues that are transferred to them for resolution. At the same time, they express the will of the state. This is where their authority, formality, authoritarianism, and commitment come from.

Regulatory acts are characterized by the following signs.

First of all, they have a law-making character: they contain rules of law or are installed, or change, or are cancelled. Normative acts are carriers, repositories, homes of legal norms, from which we draw knowledge about legal norms.

Secondly, regulations should only be issued within the competence law-making body, otherwise there will be several normative decisions on the same issue in the state, between which there may be contradictions.

Thirdly, normative acts are always clothed in documentary form and must have the following details: type of normative act, its name, the body that adopted it, date, place of adoption of the act, number. The written form helps to achieve a uniform understanding of the requirements of legal norms, which is very important, since sanctions may be applied for non-compliance.

Fourthly, every regulatory act must comply with the Constitution of the Russian Federation and not contradict those normative acts that have greater legal force in comparison with it.

Fifthly, all regulations must be subject to bringing to the attention of citizens and organizations, i.e. publication, and only after this the state has the right to demand their strict execution based on the presumption of knowledge of the law and impose sanctions.

Requirements for regulatory acts

1. To have greater regulatory power, regulations must be of high quality. This can be achieved if they do not represent a figment of the imagination or the desire of law-making subjects, but reflect objective reality. In principle, this requirement is more general in nature and applies to legal norms in general, but it is when legal acts are adopted that the possibility of making voluntaristic decisions becomes most obvious.

At the same time, the legislator’s freedom to make certain decisions is not unlimited. We have already spoken above about the objective conditioning of law by social relations. In the event that the adopted normative legal acts contradict objective reality, the norms contained in them will at least become “dead” and not applied in practice. In the event of an acute contradiction, the adoption of such an act is fraught with social upheaval. Any, even very good ideas, cannot be put into practice with the help of regulations if society has not “ripened” to them, if there are no necessary conditions. An example is the 2005 Federal Law “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation,” which introduced a proportional electoral system, i.e., representation of parties in parliament, in the absence of a developed and balanced party system in Russia.

2. Regulatory acts must have structure, rather than presenting a chaotic set of regulations. As a rule, a normative act has an introductory part called a preamble. It sets out the goals and objectives of the normative act and characterizes the socio-political situation existing at the time of its adoption. The first articles of a normative act may be devoted to defining the terminology used in the future. Then the construction of a normative act can fit into the following scheme: subjects of legal relations (for example, taxpayers and financial authorities), objects (received income), rights and obligations (obligation to pay taxes, the right to check the accuracy of their payment, etc.), benefits, incentive measures ( for example, exemption from the unified social tax of educational institutions) and sanctions (for tax evasion a fine of 20% of the unpaid amount) This arrangement of regulatory material is used in uncodified acts, the presence of which is characteristic of “young”, recently emerging branches of law. “Old” branches of law are traditionally codified. Codes have a more complex structure.

3. Regulatory acts must be understandable citizens. Moreover, here the legislator should focus not on intellectuals, but on people of average or even below average intellectual level. Regulatory acts should be presented in simple, clear language, distinguished by rigor of style, comply with the laws of formal logic, and not be too abstract in nature, but at the same time not get bogged down in details. They should not contain complex legal terms.

Regulatory acts, when drafted intelligently and skillfully, are a powerful tool for transforming society. At the same time, a lot depends on their developers, who must take into account objective realities as much as possible and completely discard personal biases. If the stamp of subjectivism is excessively bright, then regulations can become a weapon of causing harm to the people. For example, the publication in 1991 of the Decree of the President of the Russian Federation, allowing freedom of trade, pursued a noble goal: to liberate citizens in the sphere of exchange. But the lack of thought in organizing its implementation led to undesirable consequences: unsanitary conditions in urban areas, a surge in infectious diseases, etc. Therefore, the development of guidelines for the preparation of regulations (law on the preparation of regulations) will be extremely important.

Types of regulations

Regulatory acts, depending on their legal force, can be divided into several levels. In this case, two large groups are distinguished: laws And regulations. The term “legislation” is used very often. The ϶ᴛᴏ 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— ϶ᴛᴏ normative acts adopted in a special manner by legislative authorities, regulating the most important social relations and having the highest legal force.

Laws are the most significant type of normative acts.

First of all, laws can be adopted 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 order, which is called the legislative procedure.

Thirdly, laws regulate the most important relationships in society. In some countries, a strict list of issues has been established that must be resolved precisely with the help of 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 consider it necessary to pass a law on an issue that is not of paramount importance.

Fourthly, laws have higher legal force compared to other types of regulations.

Figure No. 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.) It must be remembered that 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 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.) We note that current laws also should 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 regulating property relations. Codes refer to the highest level of legislation. Let us note that each code is, as it were, a developed “legal economy”, which should contain everything that is extremely important for the regulation of 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 norms 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 that fall within his competence, which is quite broad for him, since he will simultaneously be 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. Regulatory in nature will be the decrees of the President, 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 includes mainly resolving issues of a socio-economic nature (management of industry, agriculture, construction, transport and communications, social protection of the population, external economic relations, organization of the work of ministries, etc.) It is important to know that a large number of Government acts are related to 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 will instructions, orders, regulations, manuals, rules, charters etc. But it is the instructions that play the leading role. It is worth noting that 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 employees, 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.) It must be remembered that 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 Bodies.

Regulatory acts of legislative (representative) bodies of the constituent entities of the Federation -laws, ϶ᴛᴏ 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. It is worth noting that they can regulate various issues: the procedure for leasing premises, land plots, charging 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. It is worth noting that they are published on issues of local importance concerning residents of cities, districts, villages, towns, hamlets (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 state interference in the affairs of enterprises and expanding their independence, corporate acts take on an increasing burden.

The concept of regulations

Legal act -϶ᴛᴏ a legal act adopted by an authorized body and containing legal norms, i.e. instructions of a general nature and permanent effect, designed for repeated application.

It is widely used in all modern legal systems (especially in the countries of the Romano-Germanic legal family)

The advantages of a normative legal act in comparison with other forms of law are associated, first of all, with the increased role of the state as a coordinator of social life, identifying common interests and ensuring its centralized implementation, with the ability to adequately and quickly respond to changes in social needs, with a documentary written form, allowing you to easily and quickly convey the necessary information to the addressee, etc.

As follows from the name itself, ϶ᴛᴏ is an act that has a dual nature, i.e., both normative and legal. It should be distinguished from normative, but not legal acts (statutes of political parties, instructions for using household appliances, etc.) and from legal, but not normative acts (sentences and decisions of judicial bodies, orders on promotions, etc. ) It is worth saying that the following features are characteristic of a normative legal act.

This is a power-volitional act emanating from the state (or recognized by it), the generally binding properties of which are derived from the powers of the body that adopted it, and therefore it occupies a certain place in the hierarchy of normative acts. With its help, the law-making body exercises powers in a certain area of ​​public affairs management.

This is an act of lawmaking, establishing, changing or repealing legal norms. The norms that make up the main content of a regulatory legal act are aimed at regulating the behavior of addressees with the help of mutually corresponding typical rights and obligations.

This is an official document having a clear structure and details. It is worth saying that for optimal storage and transmission of legal information, it is performed in a special style using specific legal terms, concepts and methods of constructing the text.

Preparation, adoption, implementation and repeal of a normative legal act take place in sequential order legal procedures, designed to optimize both the content and form of the act itself, and the procedure for its creation and implementation.

Achieving the goals of a regulatory legal act is ensured by the economic, political, organizational, informational and punitive power of the state. Violation of it entails legal liability.

It should be borne in mind that regulatory legal acts operating within the borders of a certain state are combined into a closed hierarchical system. Let us note that each of the elements of the system must correspond not only to the competence of the body, but also to the hierarchical connections of the system as a whole. That normative act which conflicts with the constitution or another act of higher legal force falls out of this system and essentially becomes a form of manifestation of an offense. So not any act of lawmaking containing rules of law will be a normative legal act.

Types of legal acts

According to their legal force, all regulations are divided into two large groups: laws and regulations.

Types of by-laws:

• presidential decrees and orders (the latter, unlike the former, are adopted more on procedural, current issues);
• decrees and orders of the government - acts of the executive body of the state endowed with broad competence to manage social processes;
• orders, instructions, regulations of ministries and departments - acts regulating traditional social relations, which are within the competence of this executive structure;
• decisions and regulations of local government bodies;
• decisions, orders, resolutions of local government bodies;
• regulations of municipal authorities;
• local regulations - regulations adopted at the level of a specific enterprise, institution and organization (for example, internal labor regulations)

Taking into account the dependence on the specifics of the legal situation subject of lawmaking, all normative acts are divided into acts:

• government agencies;
• other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.);
• joint nature (state bodies and other social structures);
• adopted in a referendum.

Types of regulatory legal acts depending on the scope:

• federal;
• subjects of the federation;
• local government bodies;
• local.

Types of legal acts depending on the validity period

• indefinitely long-term action;
• temporary.

There are also such regulatory and legal acts as directives and regulations that are adopted by international organizations. Directives traditionally enable the state to specify the forms and methods of fulfilling their international obligations. The resolutions contain requirements that are subject to direct execution.

A normative legal act is a written document created as a result of the law-making activities of competent state bodies or the entire people to establish or recognize rules of law, introducing, amending or repealing rules of a general nature, which contains rules of law and is aimed at regulating certain social relations.

Marchenko notes that all regulatory legal acts are state in nature, their system is determined by the constitution, they contain general regulations in contrast to law enforcement acts, each state has its own hierarchy, i.e. “system of arrangement, subordination of regulatory legal acts.”

The features of this source of law are as follows:

this is an act of a normative nature (contains normative instructions);

this is a legal act (contains only legal norms, as opposed to acts of normative content, for example, instructions on the rules for operating equipment);

this is an act created as a result of the law-making activity of the state or at a referendum (legislative procedure providing for the passage of a bill in parliament, conciliation procedures, “reading of laws”, promulgation, etc.);

this is an act that is generally binding (designed for an indefinite number of persons);

this is an act drawn up in the form of an official state document (observing the necessary details and indicating the procedure for its entry into legal force);

This is an act in which the rules of law are grouped into certain structural units (articles, chapters, sections).

A normative legal act is the most common source of law, especially for countries of the Romano-Germanic (continental) legal system. It enshrines most of the socially significant norms that regulate the most important social relations. Other sources of law do not have general regulatory significance. Articles of regulatory legal acts clearly formulate the prescribed rules of conduct. Unlike a normative legal act, legal precedents are casuistic in nature, and legal customs are of an uncertain nature. Regulatory legal acts may be subject to rapid changes compared to other acts.

In the Russian Federation there is a complex system of normative legal acts, which are in a certain subordination among themselves, aimed at regulating social relations. The legislative system of any state is characterized, first of all, by division into laws and by-laws (according to legal force). The grounds for dividing normative acts into types are: legal force, nature and scope of action, content, subjects of publication, etc. The legal force of normative legal acts is the most essential feature of their classification.

Acts of higher law-making bodies have greater legal force compared to acts of lower bodies, which must comply with the former.

The Constitution has the highest legal force and is the basis of current legislation. Its fundamental ideas are detailed in other acts, which must not contradict the Constitution.

Laws are adopted by the highest representative bodies of both the Federation and its subjects, or by referendums.

This is related to the supremacy of laws in the system of regulatory legal acts. The division into laws and regulations is characteristic of the legislation of any state.

A law is a normative legal act adopted in a special manner and having the highest legal force, expressing the state will on the main issues of public life. The law contains legal norms and is the main source of law. The law is adopted only by the highest representative body or by referendum, has supreme legal force and supremacy in relation to other sources of law, reflects the will and interests of the entire society, is issued on the most important issues of state and public life, adopted, amended and supplemented in a special legislative manner. In some states, laws can be adopted not only by representative bodies, but also by the highest judicial authorities, in the order of delegated law-making, in referendums. Laws are adopted on significant issues of public life, in a special legislative order, they form the core of the entire legal system of the state, determining the structure of the entire set of legal acts of the country.

No by-law can interfere with the scope of legislative regulation. Thus, the primacy of laws, their supreme legal force and the special procedure for adoption are their most significant features. Only the body that adopted it has the right to change or repeal a law.

The classification of laws can be as follows:

by legal force (constitution, federal constitutional and federal laws);

by scope (federal and federal subjects);

by subjects of lawmaking (adopted in a referendum or by government bodies);

by sector (constitutional, administrative, civil);

by external form of expression (constitution, code, law, charter);

by duration (permanent and temporary);

by a circle of persons (extending their effect to foreigners, citizens, stateless persons);

by the time of entry into force (directly or from the date specified in the law).

Subordinate legal acts are issued within the competence of the executive body of state power; they should not contradict the law, but can specify, develop, and supplement it. By-laws have less legal force than laws; they are based on the legal force of laws and cannot contradict them. By-laws specify the fundamental provisions of laws in relation to the characteristics of various dominant interests in society. All by-laws are usually acts of various executive authorities. According to the subjects of publication and area of ​​distribution, they are divided into:

departmental;

intra-organizational.

General by-laws are normative legal acts of general competence, the effect of which applies to all persons of a certain state. These include rule-making regulations of the highest executive bodies (decrees and orders of the President of Russia as acts of initial law-making, decrees and orders of the Government of the Russian Federation, which are normative in nature).

Local by-laws are acts of local representative and executive authorities. They are issued by territorial bodies of state power and administration or local self-government bodies (constitutions and charters of subjects, regulatory decisions or resolutions of councils, mayor's offices, municipalities, regulations, provisions, resolutions, orders).

Departmental by-laws are adopted on the basis of the laws of the Russian Federation, decrees of the President and decrees of the Government. In accordance with them, relations under the jurisdiction of a certain executive structure are regulated. But among them there are acts of significant scope (acts of the Ministry of Finance, Ministry of Internal Affairs). Intradepartmental acts apply to a limited sphere of public relations; some executive bodies have the right to issue acts of external action (Ministry of Internal Affairs). “The leading form of a departmental act is an order, which can be both normative and non-normative in its content. An order mediates activities of various natures, it approves, and thereby gives the corresponding legal force to other normative acts... it has rule-making significance. Acting as an act of detailing the Government resolution.”

Intra-organizational by-laws are regulations issued by various organizations to regulate their internal issues and apply to members of these organizations.

Local regulations are adopted in fairly wide areas of public activity. They have acquired particular importance in organizations regulating relations between employers and employees. In market economic relations, collective agreements, labor protection agreements and other acts of joint rule-making acquire great regulatory significance. Local regulations also include orders of the employer and the administration of organizations adopted within their competence.

Local regulations belong to the category of secondary legal sources of law, standing at the lowest level of legal regulation. They have a limited scope and must not conflict with laws and other regulations. The current labor legislation regulates in detail the procedure for the development and adoption of local regulations, which become a kind of “codes” on the scale of individual organizations. Local acts may introduce benefits and incentives for employees of specific organizations, but they should not establish sanctions that are not provided for by liability laws.

Action in time presupposes the need to take into account the time of entry into force of the act and the loss of legal force. Typically, an act comes into force from the moment it is adopted by a law-making body or begins to operate after a certain period of time after its publication. Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force simultaneously throughout the entire territory of the Russian Federation after 10 days after their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force. These laws are published in the information bulletin “Collections of Legislation of the Russian Federation”. Federal laws are published in Rossiyskaya Gazeta and submitted for inclusion in the reference bank of legal information of the scientific and technical center for legal information Sistema. The publication of normative legal acts in the above-mentioned publications is official. Federal laws may also be published in other printed publications. Acts of the President of the Russian Federation, if they are of a normative nature, come into force throughout the entire territory of Russia simultaneously after 7 days after their publication in official publications. The named deadlines for the entry into force of normative legal acts do not apply in cases where, upon their adoption, a different deadline for their entry into force is established. Acts of the Government of the Russian Federation come into force from the day of their signing by the Chairman of the Government of the Russian Federation.

A special procedure for entry into force is established for normative acts of central government bodies of the Russian Federation. It largely depends on compliance with such conditions as state registration with the Ministry of Justice of the Russian Federation and official publication. These acts that affect the rights, freedoms and legitimate interests of citizens or are of an interdepartmental nature and have passed state registration with the Ministry of Justice of the Russian Federation are subject to official publication. The official publication of these acts is carried out no later than 10 days after their state registration.

Acts that have not undergone state registration, as well as those registered but not published in the prescribed manner, do not entail legal consequences as they have not entered into force.

It is necessary to take into account the rule according to which the law does not have retroactive effect, i.e. it does not apply to relations that existed before the adoption of the new law (new edition). Giving a law retroactive effect is possible only in cases that are specified in the law itself or if the law mitigates or completely eliminates liability. Regulatory legal acts lose their force over time upon expiration, due to the publication of a new act replacing the old law, based on the direct instructions of a specific body. Thus, regulatory legal acts have “certain temporary, territorial restrictions (limits) of their existence and action, and also apply to a certain circle of persons (subjects of law). As a general rule, regulatory legal acts are applied to relations that took place during the period from their entry into force until they cease to be in force.”

Action in space is determined by the territory of distribution of power of the bodies issuing the act. The territorial limits of the validity of regulatory legal acts reflect the sovereignty of the state and its jurisdiction. In accordance with the territory of action, federal regulations, acts of the constituent entities of the Federation and local regulations have their own space. Federal laws have equal force on the territory of all constituent entities of the Russian Federation. Laws and other regulations of the subjects are valid only on their territory. If the law of a subject of the Federation differs from the federal law, the law of the Russian Federation applies. The issue should be resolved in the same way in cases of conflict between other regulations of the same type.

Certain federal regulations and regulations of the constituent entities of the Federation apply to certain areas that form part of their territory, which does not always coincide with the territory of the constituent entities of the Federation. Regulatory acts of the Russian Federation also apply to the territories of embassies, representative offices, military and merchant ships flying the Russian flag and other territorial entities of the Russian Federation abroad. Certain regulations may apply to Russian citizens working abroad. The operation of legal acts on the territory is also regulated by international legal acts and treaties.

International treaties also regulate the extraterritorial effect of legal acts of the Russian Federation (dissemination of the country's legislation beyond its borders). The principle of territorial application of legal acts means that acts of federal bodies are valid throughout the territory, acts of constituent entities of the federation - in the territory of a given subject, acts of local government bodies - in the territory governed by this body.

Action across a circle of persons means the extension of regulatory requirements to all addressees within the territorial scope of a particular act. However, there are exceptions to the general rule when the effect of a legal act on a circle of persons does not coincide with the effect on the territory (for example, in relation to foreigners enjoying diplomatic immunity, or in relation to a certain circle of persons outlined by law - military personnel, prosecutors, police, etc.). In the latter case, we are talking about special regulations.

Labor legislation also applies the principle of operation of regulatory legal acts on labor by categories of workers (special norms regarding the labor of women, minors, disabled people, persons employed in certain fields of activity, public sector employees working in heavy and hazardous work, temporary and seasonal workers, etc.). In this case, for various categories of persons performing labor or official functions, special rules establish a special procedure for hiring and dismissal, features of regulation of work and rest time, benefits and benefits in remuneration, etc. This, in turn, involves the provision of certain categories of workers certain benefits, rights and advantages. At the same time, restrictive measures may be introduced in relation to, for example, civil servants - on combining positions, on engaging in entrepreneurial or other paid activities, etc.

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