Legislative technology: concept, its characteristics and meaning. Characteristics of the essence of legislative technology Concept and structure of legislative technology

CHAPTER 1. SUBJECT AND METHOD OF THE TRAINING COURSE “LEGISLATIVE TECHNIQUES”

Before you begin directly studying legislative technology, you must first decide what the training course includes. For, unfortunately, in our country there is still no common opinion on this issue. Often, the very need to study techniques and methods for creating, improving and systematizing normative legal acts is called into question. Legislative technology is a completely new academic subject, despite the fact that in some law universities it is already included in the curriculum, the traditions of its study have not yet developed, the range of topics, their content, and study methods remain a debatable issue. There is not even a single point of view on its name (it is called “Legislative Technique”, “Legal Technique”, “Legal Technique”, etc.). The range of issues to be studied, the methodology for their study, the place of the course in legal science, and its relationship with other disciplines have not been defined. It is not formulated who should study this course, what should be the preliminary preparation of students. All these gaps need to be filled

Correct and precise definition of the essence of legislative technology and its role in legal regulation are the key to completeness, consistency and accuracy of research in this area and teaching legislative technology.

1.1. The importance of the training course “Legislative Techniques”

The course “Legislative Techniques” is one of the new ones in the domestic system higher education. For a long time, legislative technology in our country was practically not studied during the training of legal specialists in higher educational institutions. The need to study the methodology for creating a lawmaking system was practically not even mentioned. Only in recent years have some Russian universities begun teaching the course “Legislative Techniques”.

There are many reasons for this neglect of this most important legal discipline. The result was insufficient professionalism of domestic legislators, their lack of systematic knowledge about the technology of writing laws, insufficient understanding of the essence, meaning and basic rules for creating regulatory legal acts and systematization of legislation and, as a consequence, the imperfection of the domestic system of legal regulation. It is no secret to any of the legal scholars that modern Russian legislation suffers from many shortcomings that are the result of purely technical shortcomings that complicate the process of legislative regulation of deficiencies in the professional training of participants in the process of creating a system of normative legal acts.

The current Russian legislation, unfortunately, remains largely unsystematic, contradictory, incomplete, non-specific, declarative (or vice versa casuistic), inaccessible to full understanding. It also suffers from the lack of legal mechanisms for the effective implementation of the regulations contained in it, gaps and conflicts between normative and legal acts of various levels. In the system of domestic legislation, quite a lot of acts (especially many among by-laws) from Soviet times continue to operate, which have lost their relevance and regulatory necessity in the new socio-economic situation, and have become contrary to objective social reality. Their replacement with new legal regulations is not always timely. And the normative legal acts created are quite often anti-legal in nature, their action contradicts the defining interests of public life and development. In addition, legislation is often unclear or vague and cannot be fully used to accurately and uniformly determine the behavior of those to whom its requirements are addressed. Gaps in legislation, contradictions between normative and legal acts issued at different times and by different bodies often confuse subjects of public relations. The situation is aggravated by the ever-increasing pace of legislative activity (especially executive authorities, which issue by-laws in colossal volumes).

All this leads to a strong decrease in the effectiveness of the new legal system, to failures of legal reform, to disappointment in it, to reluctance (due to impossibility) to live according to the law, to such a sad phenomenon of modern Russian society as legal nihilism. The ever-increasing volume of regulatory material can simply confuse even a legally competent participant in legal relations and greatly complicate his lawful behavior - let alone the common man in the street. The abundance of complex and constantly changing legal regulations makes it very difficult to assimilate the requirements contained in them (as well as in novelties, additions and changes) not only by ordinary citizens, but also by professional lawyers, and also, which is especially bad and often tragic, by officials. The situation is further worsened by the incompleteness of legal reform, when a number of institutions, sub-sectors and even branches of law have not yet been built, and the current legislation does not sufficiently comprehensively and systematically reflect all the legal norms included in them. But social relations do not stand still; they are dynamically and progressively developing, constantly causing the need to create new normative legal acts and their formations, complicating the legislative system.

It can be said with good reason that the ill-conceived, unsystematic nature (often turning into casualness) of laws and regulations, the lack scientific basis The activities of participants in the legislative process have largely become the reason that in Russia it is becoming increasingly difficult to live according to the law, that there are more and more opportunities for arbitrariness and abuse by officials, and that a law-abiding person feels more and more unstable and insecure. Many researchers note with bitter sarcasm that the Soviet legislation, so actively criticized, subjected (both deservedly and undeservedly) to attacks and criticism, was created much more professionally from a technical point of view and was distinguished by much greater efficiency and viability than what replaced it.

In these conditions, the professional basis of the activities of legislators, which would optimize their work and contribute to improving the quality of the created regulatory and legal acts (both individually and in the system), acquires special importance. At first glance, it may seem that the main thing in a normative legal act is its content, the form of presentation is secondary. Unfortunately, such views are common not only among ordinary people, but also among lawyers and even, what is especially tragic, among participants in rule-making activities. This opinion is completely wrong. In a normative legal act, both its content and form, the way of presenting its text, are equally significant, which largely determine its effectiveness. It's not enough to know what to prescribe what type of behavior should be defined as generally obligatory, you need to be able to do this, know how to prescribe , in what form, what means and methods to use. It is not enough just to understand the goals of legal influence on social relations. It is equally important to accurately, completely, understandably and in an executable form express this instruction in textual form, to ensure logical and semantic unity between the essence of the instruction and the text of the normative legal act that serves to express it. Scientific support for this is the main task of the science of legislative technology. An in-depth study of the problems of lawmaking, systematization of knowledge about this process, the factors determining it, the peculiarities of the presentation of the rules of law in articles of normative legal acts is the goal of studying the training course “Legislative Technology”. Getting an idea of ​​the system for creating legislation allows you to more fully reveal the essence of legislative regulation and more accurately understand the meaning and ways to achieve legality and order.

Insufficient attention to the design of legal regulations inevitably leads in practice to unsystematic, cumbersome, vague, declarative, contradictory and unclear texts of regulatory legal acts and, ultimately, to difficulties in legal regulation, to the ineffectiveness of such regulation.

It is no coincidence that in recent years the scientific legal literature has been quite persistent in the idea of ​​​​the need to change the attitude towards the design of normative legal acts, the need for the scientific development of techniques for their creation and systematization, and comprehensive teaching of legislative technology as mandatory for a specialist - a lawyer in the legal discipline. Moreover, attempts are being made (and not unsuccessful) to consolidate the known rules for formalizing law-making decisions in legislation, using scientific developments and foreign experience.

All these circumstances determine the need for a systematic and regular study of a set of principles, techniques and methods for creating and improving the system of normative legal acts.

1.2. Subject and content of the training course “Legislative Techniques”

The main subject of study of this training course is legislative technology as a science, that is a system of knowledge about techniques, methods, methods, rules and principles for creating laws and regulations and their systematization . In the course of studying this training course, future specialists should gain a clear understanding of the existing techniques and means of lawmaking technology, the methods of creating a system of law as a single regulatory mechanism, the theoretical foundations of this process and methods of their implementation. In the system of legal knowledge, legislative technology occupies a very important place, characterizing the essence and functional purpose of the legislative system as a mechanism for regulating social relations. By studying legislative technology, a lawyer gets the opportunity to study the mechanism for creating normative legal acts and the legislative system as a whole and making changes to the legislative mechanism for regulating public relations. All this helps to understand the genesis of laws, their organic connection with objective social reality, their role and place in the life of society.

In addition, while studying the training course “Legislative Techniques”, students must study the system of legal norms governing the process of forming a unified system of legislation.

In the course of studying legislative technology, the following main issues are explored:

· fundamental principles and rules for creating normative legal acts;

· main types and forms of regulatory legal acts;

· main stages of the legislative process;

· the meaning and rules for the preparation of bills and their examination;

· main social factors influencing the rule-making process;

· forms of people's participation in lawmaking and features of this process;

· language, logic and style of laws and regulations;

· the main methods for creating normative legal acts, the techniques, methods used, as well as the principles that determine this process;

· logical system and structure of legislative acts;

· the main processes accompanying the creation and change of the legislative system;

· the concept and meaning and features of the legal culture of legislators and other participants in the legislative process;

· meaning, basic forms, techniques and ways of systematizing the legislative system.

It would be a mistake to believe that the study of legislative technology is necessary only for future participants in the work on the system of regulatory legal acts, for potential legislators. The subject of legislative technology covers a huge range of legal phenomena. Lawmaking, activities related to the creation or amendment of normative legal acts, is embodied in the activities of a huge number of people and organizations. Lawyers may be faced with the need to know the rules of formulation, arrangement, formal expression and systematization of regulatory legal requirements in the course of work in areas of life that seem to have no direct relation to the work of legislative bodies of state power. Almost all civil servants, judges, corporate lawyers, legal scholars, and many other subjects need knowledge of legislative technology. Legislation, activities to create and improve the system of normative legal acts require the direct or indirect participation of a huge number of people, often not associated with jurisprudence at all. And therefore, modern society needs a large number of specialists in the field of legislative technology who are able to effectively and professionally participate in improving legislation at any time and in any form.

Systematic training of people acting as participants in the legislative process (and there are a lot of such subjects - both those who directly work on the creation and adoption of laws and by-laws, and those who help them in various forms), the principles, forms and techniques of creation and systematization normative legal acts, creation and improvement of legislation is necessary. It will have a very positive impact on the state, efficiency, legal nature and, most importantly, the systematic nature of the array of normative legal acts. However, such training will also be very useful for lawyers whose work is related to the implementation of legislative requirements.

There are many arguments in favor of organizing the systematic development of legislative technology. Mastery of a set of well-known rules of lawmaking by a wide range of legal scholars makes it possible to increase the professionalism of domestic legislators, introduce common principles into their activities, and unify them. In addition, mastering this subject can be of great service in terms of improving professional qualities and persons who formulate corporate norms (charters, various internal rules) regulating the behavior of participants in various communities, both having the status of a legal entity and those of an informal nature. Studying the principles, rules, techniques and methods of forming and improving the legislative system makes it possible to revive scientific research in this area - such training creates a large personnel reserve to replenish the ranks of researchers dealing with problems of legislative technology, giving them basic knowledge. And the teachers themselves, one way or another, will strive to supplement and improve the scientific material they have through analytical work - at least based on the desire to improve their work.

In connection with the above, it seems very useful, for example, to include in the program of higher legal education such a subject as legislative technology (however, another name is possible). At the moment, in some higher educational institutions of Russia attempts are being made (and, it happens, not without success) to introduce the study of techniques and methods for creating and systematizing normative legal acts into the number of academic disciplines taught. However, unfortunately, usually, legislative technology is studied as an optional discipline; the state educational standard does not contain instructions on the obligatory study of it by future lawyers.

In addition, it may be useful to introduce an in-depth course in legislative technology as an element of special professional training for certain categories of civil servants. For example, this is very appropriate for employees of legal departments of ministries and departments, who are the most active participants in legislative activities, for employees of the Administration of the President of Russia, the apparatus of the Government of Russia, parliamentary structures and similar civil servants of the constituent entities of the federation. In addition, it is possible special preparation specialists – experts in the field of legislative technology.

The introduction of a special targeted study of legislative technology will provide invaluable assistance in overcoming almost all the problems of modern Russian legislation and increasing the professionalism of domestic lawyers, and will also provide invaluable assistance in the further development of domestic legal science.

1.3. Goals and objectives of the training course “Legislative Techniques”

The purpose of studying the discipline is to understand the role of lawmaking in the process of legal relations, to provide future legal experts with an understanding of the rules for formulating legal acts and the formation of an integral system of legislation, to acquire knowledge about a single integral system of writing laws and by-laws, as well as their systematization .

The need for special training of people directly involved in lawmaking, inclusion in the curriculum of law schools of a special course devoted to legislative technology is currently indisputable. In modern conditions, when social relations regulated by law are characterized by extraordinary complexity, when the dynamics of social development necessitate constant improvement of the lawmaking system, specialists involved in the direct writing of laws and by-laws require systematic knowledge about the features of the rule-making process, about the techniques, methods and methods of legislative activity, as well as about its basic principles and rules. Their professionalism, their special training are a necessary condition for creating an effective system of legislation, understandable and suitable for complete and effective legal regulation of normative legal acts.

The professionalism of participants in rule-making activities presupposes:

They have systematic knowledge in the field of law (preferably a legal education), mastery of legal technology;

High level their legal culture, the presence of such a specific form as the culture of lawmaking;

Good knowledge of the subject of legal regulation, that is, possession of information that allows one to accurately and completely determine the objective need in a particular area of ​​social relations;

Possession of technical techniques for creating normative legal regulations, techniques, methods and methods of presenting the rules of law in the text of normative legal acts;

Proficiency in the professional language of lawmaking, the ability to use the logic and style of the law;

Knowledge of techniques for systematizing normative material, so to speak, a “systemic sense”, a constant desire to systematize existing norms (however, this “systemic sense” is necessary for almost any lawyer);

Efficiency, punctuality and accuracy, because rule-making is hard, painstaking and monotonous work that does not allow for relaxation and even the smallest errors and omissions.

The professionalism of rule-makers, in addition, invariably presupposes the presence of skills in cooperation between participants in rule-making activities and specialists in a wide variety of fields of knowledge, and the existence of a certain methodology for such cooperation. The officials themselves, who officially develop and adopt normative and legal acts, do not completely determine the lawmaking process; the decisive role belongs to those who draft these acts. These are professional lawyers, economists, sociologists, political scientists, and even specially invited experts in the field of natural sciences. One person is not able to understand at the proper level all issues subject to legal regulation, therefore entire teams of specialists work on draft legal acts, each of whom does his own thing. The task of legal specialists is to organize the unity and comprehensive nature of their work, and this is also a question of their professionalism.

Professionalism, a regular scientific basis for the activities of participants in the legislative process are designed to ensure the legal nature of their activities, the compliance of legislation as a result of this activity with the interests of society, determined by the interests of social life. Regulatory legal acts issued by specialists with special training act as a factor contributing to the achievement of public good and progressive positive social development. The method of learning the true meaning of the rules of law to be embodied in legislation is also included in the subject of the course “Legislative Technology”.

The effectiveness of the legislation they create largely depends on the special training of rule-makers. The clarity, precision and clarity of the regulations expressed in normative legal acts, the possibility of their use, which determine the reality of their impact on people’s behavior, are achievable provided that the authors possess special techniques for imparting these qualities to laws and regulations. In addition, the realism and enforceability of regulations, the presence of a mechanism for ensuring them - all this also depends on the special training of subjects of legislative activity.

In addition, the professionalism of rule-makers is a guarantee of the constitutionality of rule-making, the unity and consistency of the legislative system, the complete and unambiguous regulation by legislation and by-laws of all those social relations that, due to their importance, are subject to such regulation.

The main objectives of the training course include:

– formation, development and consolidation in students of new legal thinking, general, legal and legislative culture, high professionalism, as well as other qualities required for a lawyer to act competently in modern conditions when creating a normative and regulatory system;

– students’ understanding of the role of legislative regulation of social relations in the life of society and the need to provide a scientific basis for the process of forming a legislative system;

– mastering the basic principles, techniques and methods of the lawmaking process.

– mastering the achievements of leading domestic and foreign lawyers in the field of the legislative process and legislative technology.

Knowledge in the field of legislative technology allows you to more effectively implement regulatory legal acts. Mastery of the technique of formulating legal regulations and translating them into textual form allows one to correctly interpret laws and regulations, immediately grasping their meaning. A correct understanding of the essence of a legislative requirement is ensured, among other things, by knowledge in the field of legislative technology.

Knowledge of legislative technology is necessary for any specialist who wants to work in the field of jurisprudence. Studying the course of legislative technology allows you to more fully and clearly understand the essence and structure of the regulatory legal system, the main factors influencing its formation, functioning and changes, study the dynamics of the development of the legal system and its dependence on the development of social relations. The study of legislative technology makes it possible to understand the main factors that determine the genesis of legislation, to penetrate into the essence of the normative and regulatory impact on people’s behavior and on social relations in general.

Knowledge of the techniques and methods, the study of which is included in the course of legislative technology, can be used not only in the course of work on bills and in the creation of by-laws, but also in the creation of systems of corporate norms, that is, regulatory requirements operating within the corporation - associations of people created to achieve a common goal, which are the vast majority of legal entities (various internal rules of organizations, regulatory agreements, etc.). The basic principles of presenting normative regulations, the basic techniques and methods of their creation and systematization are the same for all types of norms. Very often, even in small commercial organizations, problems arise with the creation of various kinds of internal corporate rules due to the inability of authorized persons and bodies to clearly, clearly and systematically set out these regulations in the text of internal corporate acts. In non-profit organizations (especially political ones) this problem is even more acute. The ability to formulate norms and prescribe a certain type of behavior to participants in public relations is necessary for a specialist in the field of law who intends to take part (in any form) in the regulation of public relations.

The lack of professionalism of participants in the legislative process is very costly for the entire system of legal regulation, life and development of society. The inconsistency and unsystematic nature of legislation, the unconstitutionality of its elements, gaps, the non-legal nature of laws, their contradiction to public interests, incomprehensibility, the impossibility of accurately, completely and unambiguously understanding the meaning of legal regulations contained in normative legal acts, cumbersomeness, casuistry, violation of basic legal principles (constitutional and industry) - all these phenomena, destructive for the effectiveness of legal regulation, are largely the result of the unprofessionalism of the authors of regulatory legal acts.

The professionalism of the legislator is primarily expressed in the possession legislative technique, which is necessary for all participants in the legislative process, without exception. It is the professionalization of the activities of participants in the rule-making process, their acquisition of the necessary skills to create, amend and improve legislation that is the main goal of the “Legislative Techniques” training course.

1.4. Methodology of the training course “Legislative Techniques”

Of particular note is the significant specificity of the methodology of studying the course, due to the novelty of science and its applied nature.

Assimilation curriculum in the course “Legislative Technology” is provided through the use of a rich arsenal of didactic tools: lectures, seminars, practical classes, testing, independent work student. The latter involves mastering theoretical material (textbooks, scientific monographs, articles on legal topics published in newspapers and magazines), studying legal documents in preparation for seminars, preparing scientific reports, writing coursework. Unfortunately, at the moment in our country there is some shortage of unified, comprehensive scientific monographs in the field of legislative technology (at least those that would be understandable to students and could be used as a scientific and theoretical basis for the educational process). Domestic scientists are mainly limited to the deep and detailed development of individual elements of this science, without creating a unified and comprehensive scientific concept that could be used as a scientific and methodological (and with them the regulatory and legal) basis of legislative technology as an academic discipline.

The situation in domestic legal science (and scientific literature) is much better with the development of practical technologies and techniques in the field of legislative technology. Domestic practitioners and legislators have developed quite a lot of practical recommendations on the process of preparing normative legal acts. Unfortunately, so far most of these practical developments and conclusions, having been created as a result of an empirical study of rule-making practice, are casual in nature and, as a result, suffer from fragmentation, lack of completeness and lack of consistency. Such practical developments are in dire need of analysis, scientific and practical justification and generalization, which would make it possible to isolate and study their essence, the fundamental principles that unite them.

Studying the course “Legislative Technique” by students of law faculties of universities seems appropriate after they have studied the course “Theory of State and Law” and “Constitutional Law of Russia” and the fundamental branch legal disciplines. It is possible for a more in-depth study of legislative technology as a special course by students of state legal specialization, taking into account the experience of lawmaking in other states after studying the course “Constitutional Law of Foreign Countries”

The basis for studying the subject, taking into account the above-mentioned features, should be a course of lectures. The lecture course is the main form of students obtaining knowledge in this training course. During lectures, students should receive not only information about the rules, techniques and methods of legislative activity, but also their scientific basis, information about various scientific views on certain problems. It is recommended to actively use practical examples from current Russian legislation during the preparation and delivery of lectures.

The procedure for conducting seminars, practical and individual classes is subject to development in the relevant departmental plans and private methods. As features of the methodology of the “Legislative Techniques” training course, one can highlight the special role of practical classes, which is determined not only by the creative and theoretical, but also by the applied nature of the study of legislative technique. During the study of this course, it is necessary to use the method of scientific and educational modeling as widely as possible. During practical classes, students must, under the guidance of a teacher, consolidate the acquired knowledge, applying it in the process of creating models of concepts of lawmaking, normative legal acts, and their systematization. If possible, one should try to stage-by-stage model the entire process of lawmaking aimed at conditionally regulating a certain set of social relations that need it.

Students should be assigned the following assignments to prepare for practical classes:

Find gaps in existing legislation, identify relationships that require legal regulation;

Determine what acts should regulate these relations, answer the question whether their regulation requires the adoption of a new normative legal act, or whether it will be enough to make changes or additions to existing laws (by-laws);

Model the concept of the future law;

Think over and schematically draw up the structure and semantic system of the future legislative act;

Analyze the provisions of the current legislation, determine what techniques and methods the legislator used, draw conclusions about the validity of using these techniques and methods;

Compose the text of individual articles of the law using references (both to existing and imaginary, planned normative legal acts);

As a final assignment, you are assigned to draft a bill (at the same time, students who have drafted regulatory laws and codes should be especially encouraged).

Such a practical test of the assimilation of the material allows not only to consolidate the acquired knowledge, but also to create in students a creative attitude towards the process of legal regulation, and, possibly, to find solutions to existing practical problems.

During practical work, the teacher should pay special attention to the consideration of specific cases of violation of the rules of legislative technology, as well as to the analysis of the causes and consequences of such violations. This allows students to more clearly demonstrate the operation of the rules and principles of legislative technology, as well as give students tasks to develop proposals for practical improvement of both specific regulatory legal acts and the entire system of domestic legislation. A special practical lesson can be devoted to student proposals for improving both individual regulatory legal acts and their complexes.

In addition to students, this course can be recommended for study by employees of legal departments of ministries and departments, employees of legislative bodies and other participants in legislative activity. In this case, the level of their knowledge in the field of law should be taken into account and a special program should be developed in this regard.

The proposed methodology for studying the course “Legislative Technology” was successfully tested during the study of the subject by students of the Moscow Institute of Humanities and Economics as a compulsory discipline in 2003-2007.

CONTROL QUESTIONS:

1. What determines the need to study legislative technology? Who needs regular and systematic study of it?

2. What is legislative technology as a training course? At what stage of studying jurisprudence is it possible to study it?

3. What is included in the subject of studying legislative technology? What key questions should be explored in this course of study?

4. What is the main purpose of studying legislative technology? What signs can be identified of achieving (or not achieving) this goal?

5. What features of the methodology for studying legislative technology can be identified?

6. What can be identified as the main problems in the study of legislative technology in modern Russia?

Related information.

This is a system of rules and techniques for preparing draft normative acts that are perfect in form and structure, ensuring the necessary coverage of regulated issues, full and exact compliance of the form of normative regulations with their content, accessibility, simplicity, and visibility of normative material.

Basic rules of legislative technique.

Reducing regulations on the same issue to a minimum;

Absence of contradictions with current regulations and in the regulation itself;

The logical sequence of presentation and the relationship of the normative instructions placed in the act;

The presence in the act of legal means to ensure its compliance (measures of encouragement, control, procedures for resolving disputes, measures of liability for violation of legal regulations or references to the existing ones establishing them regulations and etc.);

Use of identical, unified official attributes (name of the act, title, serial number, etc.) and structural parts (chapters, sections, parts, articles, paragraphs, etc.);

The presence in the act of definitions of fundamentally important terms (legislative definitions);

Lack of reasoning, scientific statements, declarations, etc.;

The language should be precise and concise, the same term should always be used to refer to the same concept;

The act must be presented in simple, clear language, in as short phrases as possible; epithets, metaphors, figurative comparisons, quotations and ambiguous words and expressions should not be used in the act;

If necessary, simultaneously with the draft act, a draft resolution on the procedure for putting the act into effect is introduced. This project should reflect the issues of repealing (amending) previously adopted regulations (or parts thereof), the commencement of the act, and other issues related to its implementation.

The concept and characteristics of a normative legal act.

A normative legal act is understood as a document of public authorities containing rules of law.

Features of a normative legal act (differences from other documents):

1. Comes from the entire population (if adopted in a referendum) or from government bodies.

2. Contains legal norms.

3. Created in a special procedural manner.

4. Designed in a certain form.

5. Forms a unified, hierarchical system.

6. It must be brought to the attention of the population.

Classification of normative legal acts.

To streamline regulatory legal acts, various classifications and methods of systematizing regulatory legal acts are used.

Basis for classification:

1. Legal force of the normative legal act.

3. Entities that issued the regulatory legal act.

4. The scope and nature of the action of the regulatory legal act.

Legal force a normative legal act reflects its place in the hierarchical system of normative legal acts.

The Constitution of the Russian Federation, the fundamental law of the state, has the greatest legal force.

The entire set of legal acts is divided into 2 subsets according to their legal force:

2. By-laws and legal acts.

1. Uniform legal acts.

2. Comprehensive legal acts.

Homogeneous legal acts contain rules of law related to one branch of law.

Complex legal acts relate to different branches of law.

Example of homogeneous legal acts:

Labor Code of the Russian Federation

An example of a complex legal act:

Federal Law “On Education”.

The entities that issued the normative legal act are distinguished:

1. Regulatory and legal acts of legislative bodies (laws).

2. Regulatory acts of executive authorities (by-laws).

3. Regulatory legal acts of the judiciary (decrees).

By volume and nature of action regulatory legal acts are divided into:

1. Acts of general effect.

2. Acts of limited validity.

Acts of general effect apply to the entire population of the state.

Acts of limited validity apply only to a certain group of persons (for example, refugees).

Laws: signs and types.

Signs:

1. Regulate the most important social relations.

2. Adopted as a result of the popular will in a referendum, or by legislative bodies.

3. They have higher legal force compared to other legal acts.

According to their legal force, laws are divided into:

1. The Constitution.

2. Federal constitutional laws

3. Federal laws.

4. Laws of the constituent entities of the Russian Federation.

Subordinate legal acts: concept and types.

A subordinate regulatory legal act is a regulatory legal act adopted by executive authorities.

The following types of by-laws are distinguished in descending order of legal force:

1. Decrees of the President of the Russian Federation.

2. Decrees of the Government of the Russian Federation.

3. Regulatory acts of federal executive authorities (ministries, state committees, federal services).

4. Regulatory acts of executive authorities of the constituent entities of the Russian Federation.

6. Regulatory and legal acts of local governments.

The effect of normative legal acts in time, space and among persons.

Effect of regulations over time begins from the moment the normative legal act enters into force and ends when the normative legal act is terminated.

The moment of entry into force of a normative legal act is determined:

3. After a certain number of days have passed after the publication of the regulatory legal act.

Termination of a regulatory legal act is determined by:

1. By indicating this in a new regulatory legal act.

2. Upon expiration of its validity period specified in the act itself.

As a general rule, the norms of a regulatory legal act begin to be applied to regulate social relations that arose after the entry into force of this act.

There are two exceptions:

1. If the retroactive force of the act is expressly stated in the act itself.

2. Acts with rules of law that eliminate or mitigate criminal or administrative liability have retroactive force.

The effect of regulations in space determined by the powers of the entity that issued the act.

Acts issued by federal government bodies are valid throughout the Russian Federation.

Acts issued by state authorities of the constituent entities of the Russian Federation are valid only on the territory of the constituent entities.

By circle of people, to which the act applies, there are general and special acts.

General ones apply to all citizens.

Special – for a certain category of citizens (pensioners, students, etc.).

Characteristics of the main ways of systematizing regulatory legal acts.

Systematization - ordering.

Collision - collision.

The Codex is a book.

There are the following main ways to systematize regulatory legal acts:

1. Incorporation.

2. Codification.

3. Consolidation.

Incorporation is the unification of existing legal acts in a collection without changing their content.

Codification is an activity aimed at systematizing and radically revising existing legal acts by adopting a new codified act (during codification, conflicts of norms from different legal acts are eliminated).

1. Fundamentals of legislation.

Charters.

4. Regulations.

Consolidation is an activity aimed at combining many legal acts relating to a certain area of ​​public relations into one enlarged act.

Consolidation is an intermediate step towards codification.

Constitutional law

CONCEPT, SOURCES OF CONSTITUTIONAL LAW (CL) OF RUSSIA

The Communist Party occupies a leading position in the legal system of any state and is a legal

technical foundation for all other branches of law. This is determined by the subject

legal regulation of KP.

The subject of the Communist Party is PUBLIC RELATIONS related to the structure and activities of the economic and political systems of society, the structure of the state, the relationship of man and citizen with the state.

economic system of society + political system of society = social system

social system + structure of the state = constitutional system

structure of the state = 1. Form of government

2.Form of state structure

3.Political regime of the state

KP is a set of legal norms governing PUBLIC RELATIONS related to the foundations of the constitutional system, the system and procedure for the formation of state bodies. authorities, the fundamentals of the legal status of a person and a citizen.

The main source of the norms of the Communist Party is the Constitution of the Russian Federation (KRF) of 1993, which is called the basic law of the state. This is determined by the legal properties of the CRF:

1Supremacy and supreme legal power of the Russian Federation. It is an act of popular sovereignty and the legal basis for the existence of the state. Therefore, it occupies 1st place in the hierarchy of regulatory legal acts. All other legal acts must not contradict the provisions of the Russian Federation Code.

2. Constituent character of the CRF. This means that none of the provisions of the CRF can be declared invalid.

3. Direct action of CRF. When there is no norm to regulate a certain situation or

there is a conflict (clash) between the norms of other laws, the norms of the CRF may

apply directly and directly.

4..The Russian Federation is the core of the legal system of the state. Its norms are coordinated by the legislation of the Russian Federation.

The structure of the CRF is traditional for the constitutions of most states. It consists of 9 chapters:

1.Fundamentals of the constitutional system

2.Rights and freedoms of man and citizen

3.Federal structure

4.President of the Russian Federation

5.Federal Assembly

6. Government of the Russian Federation

7.Judicial branch

8. Local government

9.Constitutional amendments and revision of the Constitution

Along with the CRF, federal constitutional laws serve as sources of CP.

1.About the judicial system

2 About the Government of the Russian Federation

3. About the Constitutional Court

4.About the Supreme Court of the Russian Federation

5.About arbitration courts

6.About the referendum and others.

2. Fundamentals of the constitutional system of the Russian Federation

The constitutional system is a way of organizing social and state

life in the Russian Federation.

The preamble and Chapter 1 of the CRF enshrine the principles of the constitutional system in the Russian Federation.

2.1 The organization of public life is based on the following principles:

ideological and political pluralism

secular nature of the state

freedom of economic activity

diversity and equality of different forms of ownership

IDEOLOGICAL pluralism means that no ideology can be established as state and mandatory (Article 13)

political pluralism presupposes the presence of different socio-political structures, the existence of political diversity, multi-party system

The secular nature of the state means that no religion can be established as state and compulsory. Religious associations are separated from the state and are equal before the law.

Freedom of economic activity - free movement of goods, services, finance, maintaining competition, which is the basis of a market economy. At

In this regard, the economic basis of the Russian Federation is private, state, municipal and other forms of ownership. The state not only recognizes various forms of property, but also protects them equally.

2.2 The organization of state power in the Russian Federation is based on the following. principles:

democracy

federalism

rule of law

separation of powers

state sovereignty of the Russian Federation

entry of the Russian Federation as a full member into the world community

Democracy characterizes the Russian Federation as a democratic state and means

that the only source of power is the people of the Russian Federation (Article 3).

The Russian Federation as a federation consists of parts that have the status of subjects of the state (republics, territories, regions, autonomous okrugs, cities of federal significance - 89 subjects in total). Each subject has its own basic laws (constitutions, charters).

The basic laws of subjects may differ from each other (this is the difference from

unitary states) But at the same time, the principle of federalism implies:

state integrity of the Russian Federation

unity of the state system authorities

delimitation of jurisdiction and powers between government bodies of the Russian Federation

and state authorities of the constituent entities of the Russian Federation

equality of subjects of the Russian Federation in relations with federal state bodies.

authorities (Article 5)

THE RULE OF LAW is expressed in the supremacy of the Constitution and the coherence

state law.

Horizontally, power is divided into 3 branches of government:

legislative

executive

judicial

Power is divided vertically between government agencies. authorities of the Russian Federation and state authorities

subjects of the Russian Federation.

The sovereignty of the state is manifested in the supremacy of the state. power, its unity and independence.

RF yavl. a full member of the world community, it is a permanent member of the UN Security Council.

3. System of government bodies. authorities in the Russian Federation

State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial.

This division is made for the purpose of:

1. Specializations of state bodies. authorities by functions (development of laws, their implementation,

resolution of legal disputes)

2. Preventing concentration and monopolization of power by one person, one state body. authorities

3. Balancing, restraining each other by different branches of government.

The state carries out its activities through state bodies. authorities.

State body authorities are an organized collective that forms an independent part

state apparatus, endowed with its own competence, performing state functions, whose activities are regulated by law.

Classification of government bodies power of the Russian Federation is carried out according to the criteria of belonging to one or another branch of government and belonging to one or another level of government

(federal or subject of the Russian Federation)

The legislative branch of government consists of the representative body of the Russian Federation: Federal

Assembly and representative bodies of the constituent entities of the Russian Federation, the names of which are determined

in constitutions, charters of subjects (Moscow City Duma, St. Petersburg

town meeting, etc.)

The representative nature of the Federal Assembly is determined by the order of formation of 2 chambers: the Federation Council and the State Duma.

The Federation Council (SF) is composed of representatives of the constituent entities of the Russian Federation, 2 from each subject:

1 from the representative body of power of the subject of the Russian Federation, the second from the executive body

authorities of a constituent entity of the Russian Federation (a total of 178 deputies from 89 constituent entities of the Russian Federation) fall under the jurisdiction of the Federation Council

3 groups of questions:

1.exclusive powers defined by Article 102 of the Russian Federation

2.legislative powers, consisting in the fact that within 14 days the chamber

must consider, approve or reject the law adopted by the State. Duma

3.powers for self-organization: the decision of the Council of Federation is considered adopted if more than half of the total number of deputies voted for it; for the adoption of federal constitutional laws, at least ¾ of the number of deputies must be in favor.

The State Duma consists of 450 deputies and is elected for a term of 4 years.

The powers of the State Duma are divided into:

1.exceptional (Article 103)

2.legislative, implemented in the form of adoption of laws

3. powers in the sphere of self-sufficiency of their activities: decisions are made by a simple majority of the total number of deputies who took part in the vote,

constitutional laws.

Executive power at the level of the Russian Federation is exercised by the Government of the Russian Federation (PRF), and at the level of the constituent entities of the Russian Federation by the governments of the constituent entities of the Russian Federation.

The legal status of the Government of the Russian Federation is determined by the Constitution of the Russian Federation, federal

constitutional law “On the Government of the Russian Federation”, federal laws, regulatory Decrees of the President of the Russian Federation.

The government operates within the term of office of the President. State The Duma may express no confidence in the Chairman of the PRF. After which the President can agree with the decision of the State Duma and announce the resignation of the PRF. or not. The PRF performs all state functions: regulates economic processes, forms and executes the budget, implements social policy, ensures the rule of law, the implementation of human and civil rights and freedoms in the Russian Federation, defense, state security, carries out the necessary foreign policy, etc.

Along with the PRF, at the federal level the system of executive authorities includes bodies of special competence: ministries, state committees, committees, federal

services of the Russian Federation and other authorities. authorities.

At the level of constituent entities of the Russian Federation, Spanish power, along with the governments of the subjects, is exercised

departments, committees, managements and other executive bodies. authorities.

Judicial power in the Russian Federation is exercised by the courts. Features of the judiciary:

1. independence of the judiciary, its independence from other branches of government

2.the independence of the judiciary is ensured by the irremovability and immunity of judges

3. administration of justice only by the court

4. competitiveness and equality of the parties during legal proceedings

5.publicity of the trial

The courts form the judicial system of the Russian Federation. The judicial system of the Russian Federation is established by the KRF and

KFZ “On the judicial system of the Russian Federation” Structure of the court. RF systems:

1.Federal courts

2.Constitutional (statutory) courts and magistrates of the constituent entities of the Russian Federation

Federal courts include:

1.Constitutional Court of the Russian Federation

2.The Supreme Court of the Russian Federation, supreme courts of the constituent entities of the Russian Federation, district courts, specialized courts. All these courts form a subsystem of federal courts of general jurisdiction.

3.The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, arbitration

courts of the constituent entities of the Russian Federation. All these courts form a subsystem of federal arbitration courts.

The activities of the Constitutional Court of the Russian Federation are regulated by Article 125 of the Russian Federation, KFZ “On the Constitutional Court of the Russian Federation”

The competence of the Constitutional Court includes ensuring the supremacy and direct action of the Russian Federation throughout the territory of the Russian Federation, protecting the foundations of the constitutional system, fundamental rights and freedoms of man and citizen.

4.Constitutional status of man and citizen in the Russian Federation

The legal status (LS) of a person and a citizen is the totality of all rights, freedoms and obligations legally enshrined in the Constitution of the Russian Federation and other normative documents.

legal acts.

The fundamentals of the legal status of a person and citizen, enshrined in the Constitution,

are called constitutional status (CS). They form a relatively small

part of all rights, freedoms and responsibilities.

The remaining rights and obligations are set out in other branches of law (civil, labor, family, etc.)

The Constitutional Court determines the position of a person and a citizen in the state and society. Structurally includes:

1.rights and freedoms

2. responsibilities

Other branches of law fix rights and obligations in certain areas of activity (property, labor, family, etc.)

The KS is based on the following. basic principles:

1. man, his rights and freedoms are the highest value (Article 2) Recognition, respect and protection

human and civil rights and freedoms are the responsibility of the state.

2. citizens from birth have equal rights and freedoms (Article 6)

3. The exercise of rights and freedoms must not violate the rights and freedoms of other persons (Article 17)

4. fundamental rights and freedoms are guaranteed by the state (Article 45)

GUARANTEES OF THE CS PERSON AND CITIZEN

These are the conditions and means by which the implementation and protection of fundamental rights and freedoms of man and citizen are ensured.

The responsibility to guarantee fundamental rights and freedoms rests with the state and all

system of government bodies (Article 45, Article 80).

Article 18 of the CRF states: the rights and freedoms of man and citizen are directly applicable. This means that all laws, activities of state bodies. authorities and local self-government should focus on the rights and freedoms of man and citizen,

proceed from them, ensure and protect these rights and freedoms.

A person himself has the right to protect his rights by all means not prohibited by law,

up to an appeal to the European Court of Human Rights in Strasbourg (Article 46)

There are general (political, socio-economic) and legal guarantees.

Legal guarantees are legal conditions and means enshrined in legislation that ensure the implementation and protection of human and civil rights and freedoms.

CONSTITUTIONAL RIGHTS AND FREEDOMS

A person's nationality is a prerequisite for some rights and responsibilities.

Citizenship is a certain political and legal state of a person, expressing

its legal affiliation with a specific state. Federal Law “On Citizenship of the Russian Federation”

Constitutional rights are such legally recognized capabilities of a person and a citizen because can be implemented by using the corresponding legal obligation on the part of authorities and other subjects of law (the right to health care and medical care, to housing, etc.).

Constitutional freedoms are such legally recognized capabilities of a person and citizen that he can realize independently, without entering into legal relations with authorities and other subjects of law. The implementation of freedoms requires only non-interference from other persons and authorities (freedom of speech, religion, etc.)

Rights and freedoms are enjoyed at will. Reluctance to use them legally

not persecuted.

CONSTITUTIONAL DUTIES

This is a certain type and measure of proper behavior prescribed and enshrined in the Code of the Russian Federation.

For failure to fulfill obligations, legal sanctions may be applied to the obligated entity.

CLASSIFICATION OF CONSTITUTIONAL RIGHTS AND FREEDOMS

By areas of life (Table 1)

CLASSIFICATION OF CONSTITUTIONAL OBLIGATIONS

1O. comply with the Constitution of the Russian Federation and laws of the Russian Federation (Article 15)

2.O.pay taxes and fees (Article 57)

3.O. preserve nature and the environment, take care of natural resources (Article 58)

4.O. defend the fatherland (Article 59) Federal Law “On Military Duty and Military Service”

5. Receipt of basic general education by children (Article 43) Responsible for parents

or persons replacing them.

Administrative law

CONCEPT, SOURCES (FORMS), SYSTEM OF ADMINISTRATIVE LAW OF THE RF

1.1. Administrative law (AL) of the Russian Federation is a branch of law, the norms of which regulate social relations that develop in the process of organization and activity of the executive power of the Russian Federation.

Executive power = administrative power = public administration

Administration is a set of human, material, information and other means designed to ensure, under the guidance of political power, the execution and application of laws.

In AP, the imperative method is predominantly used as a method of legal regulation. This method is used for control. Management presupposes the presence of a managing and a managed party, their legal inequality.

Sources (forms) of the Russian Federation AP

The AP RF has a complex composition of forms of law.

a) Acts of the Russian Federation

Constitution of the Russian Federation;

Federal constitutional laws (“On the Government of the Russian Federation”);

Federal laws, codes (“On the fundamentals of public service”, “On the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”, “On state social assistance”, “On the police”, “On licensing of certain types of activities”, “Code Russian Federation on administrative offenses" and others);

Resolutions of the chambers of the Federal Assembly;

Decrees, orders of the President of the Russian Federation;

Decrees, orders of the Government of the Russian Federation;

Orders of federal executive authorities (ministries, committees, etc.);

regulatory acts of legislative and executive authorities of the constituent entities of the Russian Federation;

orders, instructions of heads of state enterprises, commanders of military units.

b) Acts of the authorities of the USSR;

c) CIS acts adopted with the participation of the Russian Federation;

d) International acts.

AP is one of the most complex and largest branches of law in terms of the volume of regulated social relations.

A feature of AP is the presence within the industry of 2 related sub-sectors:

Material AP;

Administrative procedural law.

Material AP consists of general and special parts. The general part includes the following main groups of legal institutions:

the defining principles of the organization and activities of the executive branch;

establishing AP - the status of subjects of AP;

ensuring legitimacy in the sphere of management.

The special part includes the following main groups of legal institutions:

regulating intersectoral administrative and legal management;

regulating administrative and legal management in the administrative and political sphere;

- "" - in the economic sphere;

-“”- in the socio-cultural sphere.

Administrative procedural law includes the following main proceedings:

in cases of administrative offenses;

on proposals, statements, complaints of citizens;

for disciplinary offenses;

on arbitration cases in the field of management;

on the application of administrative measures;

in cases of incentives;

conciliation proceedings.

2. Features of administrative-legal relations (ALR)

APO subjects:

individual subjects (citizens, citizens with special AP status);

collective subjects (organizations, structural divisions of organizations, teams of organizations, complex organizations).

Citizens have full administrative capacity at the age of 18. The subjects of some APOs are persons over 16 years of age.

APO classification

a) depending on management goals:

regulatory;

protective.

b) depending on the composition of the APO participants:

in-hardware;

out-of-hardware.

c) depending on the nature of subordination:

vertical;

horizontal.

3.Administrative offenses and administrative liability

An administrative offense (misdemeanor) is an unlawful, guilty action (inaction), for which the law provides for administrative liability.

Administrative liability is a type of legal liability, which is expressed in the application by authorized bodies or officials of an administrative penalty to a person who has committed an administrative offense.

The following administrative penalties may be applied for committing administrative offenses:

warning;

• paid seizure of an item that was used as an instrument for committing an offense;

  confiscation of an item that was used as an instrument for committing an offense;

  deprivation of a special right granted to a citizen;

  correctional work;

  administrative arrest.

The legislation of the Russian Federation may establish other types of administrative penalties.

Classification of administrative coercive measures:

a) administrative and precautionary (quarantine, medical examination, etc.);

b) restoration measures (eviction from illegally occupied premises, demolition of illegally erected buildings, etc.);

c) preventive measures (forced treatment, detention, etc.);

d) punitive measures (administrative penalties).

4 Legal basis for the protection of state secrets. Legislative regulations in the field of information protection and state secrets.

The law regulates the following relations related to:

Attribution of information to the state. secret

Classification or declassification of information classified as state secret

Protection of information classified as state property. secret.

State secret is information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities, the dissemination of which could harm the security of the Russian Federation.

Legislative regulations governing relations related to government. secret are:

Federal Law “On State Secrets”

Federal Law “On Safety”

Subordinate legal acts:

Decree of the President of the Russian Federation dated November 3, 1995 No. 1203 as amended by

g. “On approval of the list of information classified as state secrets”

Decree of the President of the Russian Federation dated November 1, 1999 No. 1467. “On the composition of the Interdepartmental Commission for the Protection of State Secrets by position.”

According to the Federal Law “On State Secrets”:

admission to government secret - the procedure for registering the right of citizens to access information constituting a state secret, and of enterprises - to carry out work using such information.

Section 2, Article 5 contains a list of information that constitutes the state. secret

Article 8 on classifications of secrecy: information of special importance, top secret, secret

Article 9 on the procedure for attributing information to the state. secret

Art. 21 on the procedure for admitting persons and citizens to the state. secret

(these are additional duties and benefits % salary increase)

Art. 22 grounds for refusing a citizen access to the state. secret

Art. 26-responsibility for violation of the legislation of the Russian Federation on state secrecy (criminal, administrative, civil and disciplinary liability).

In total, there is a large number of legal acts to ensure the security of the state, state. secrets, secrecy regime.

5.Civil servants as subjects of administrative law.

The civil service as an institution of administrative law includes a large number of rules of law contained in various sources:

Constitution of the Russian Federation

Federal Law “On the Fundamentals civil service in the Russian Federation"

Federal Law “On the Police”

Federal Law “On the Status of Judges”

Labor Code of the Russian Federation

other legal acts

Civil service is a professional activity to ensure the powers of government bodies.

A public position is a position in government bodies formed in accordance with the Constitution of the Russian Federation with the established:

range of responsibilities;

responsibility for the performance of duties.

A civil servant is a citizen of the Russian Federation who, in accordance with the procedure established by federal law, performs duties in a public position in the civil service for monetary remuneration paid from the federal budget or from the budget of the corresponding constituent entity of the Russian Federation.

Basic rights of civil servants:

1.to become familiar with the documents defining the rights and responsibilities of the position held, criteria for assessing the quality of work, conditions for promotion, organizational and technical conditions necessary for the performance of official duties

2.to make decisions and participate in their preparation in accordance with job responsibilities

3.for promotion, increase in salary taking into account work results and skill level

4. to submit proposals for improving the public service to any authorities.

Main responsibilities of civil servants:

1. ensure support for the constitutional system and compliance with the Constitution of the Russian Federation, implementation of federal laws and laws of constituent entities of the Russian Federation

2. conscientiously perform official duties

3.ensure compliance and protection of the rights and legitimate interests of citizens

4.keep state and other secrets protected by law, not disclose information that becomes known in connection with the performance of official duties that affects the private life, honor and dignity of citizens.

The main restrictions associated with public service.

A civil servant has no right:

1.engage in other paid activities, except for teaching, scientific and other creative activities;

2.be a deputy of legislative bodies;

3.engage in business activities personally or through proxies;

4.take part in strikes;

5.use your official position in the interests of political parties and other public associations.

Civil law

1. Concept, sources (forms), civil law system (CL) of the Russian Federation.

1.1. Civil law is a branch of law whose rules regulate property relations and associated personal non-property relations.

Civil law uses a dispositive method of legal regulation, which presupposes equality, autonomy of will, and property independence of subjects of civil legal relations.

Property relations are of 2 types:

real relations– confirming the ownership of property to a specific person;

obligatory relationship– arise when property is transferred from one person to another.

There are two types of personal non-property relations:

Directly related to property. I mainly arise when creating objects of creative activity. For example, when a work is created, the creator acquires the right of authorship to the work. If the work is used by someone, then its author has a property right to receive monetary compensation for the use of the work. Such relations are regulated by the norms of a sub-branch of civil law – copyright.

Purely personal relationships. They arise regarding the protection of human rights and freedoms and other intangible benefits. For example, in case of violation of privacy, when protecting honor, dignity, business reputation.

1.2. Main sources (forms) of the Russian Civil Code.

Constitution of the Russian Federation.

Civil Code of the Russian Federation (3 parts).

Federal Law “On Joint Stock Companies”.

Federal Law “On the insolvency (bankruptcy) of enterprises”.

Federal Law “On Protection of Consumer Rights”.

Federal Law "On Non-Profit Organizations"

and others.

1.3. RF GP system.

The main sub-sectors included in the RF GP industry:

Ownership and other property rights.

Law of obligations.

Inheritance law.

Intellectual property rights.

Personal non-property rights.

2. Features of civil legal relations (CLR).

2.1. GPO objects.

The GPO objects are:

things and other property;

works and services;

results of intellectual activity (intellectual property);

information;

intangible benefits (life, health, business reputation, etc.).

2.2. The subjects of GPO are:

citizens;

legal entities;

Russian Federation, constituent entities of the Russian Federation, municipalities;

Foreign citizens;

stateless persons;

foreign legal entities.

A legal entity is an organization that has separate property in its ownership (economic management, operational management), is liable for obligations with this property, can, in its own name, acquire and exercise property and personal non-property rights, bear responsibilities, and be a plaintiff and defendant in court. Legal entities must have an official location (legal address), which is determined by the place of its state registration.

Classification of legal entities depending on the purposes of their activities:

A. Commercial organizations - the main purpose of activity is to make a profit.

business partnerships (full partnerships, limited partnerships);

business societies ( joint stock companies, limited liability companies, additional liability companies);

state and municipal unitary enterprises.

B. Non-profit organizations - do not have the main goal of making a profit and do not distribute the profits received among the founders.

consumer cooperatives;

institutions;

public and religious organizations;

charitable and other foundations;

associations of legal entities (unions, associations).

It is determined by the subjects of the civil defense program themselves.

As fundamental rights:

right (p.) to own property;

n. inherit and bequeath property;

n. engage in business and any other activity not prohibited by law;

n. create legal entities;

etc. make any transactions, participate in obligations and other rights.

2.4. Grounds for the emergence of civil rights and obligations:

contracts and other transactions;

acts of state bodies and local governments;

court decisions;

acquisition of property;

creation of a work as a result of intellectual activity;

causing harm to another person;

unjust enrichment.

Under transactions refers to the actions of citizens and legal entities aimed at establishing, changing, terminating civil rights and obligations.

Transactions can be oral or written.

Depending on the number of participants (parties) in transactions, they are:

unilateral (for example, wills);

contracts - agreements between two or more persons.

Basic requirements for contracts:

freedom of contract;

presence of essential conditions:

a) about the subject of the agreement;

b) directly named in legal regulations, primarily in the Civil Code of the Russian Federation, as essential for this type of contract;

c) all conditions regarding which, at the request of one of the parties, an agreement must be reached.

If there is no agreement between the parties on at least one of the essential terms, the contract is considered not concluded.

2.5. Civil legal capacity and capacity.

The legal capacity of citizens (individuals) arises from the moment of birth and ends at the moment of death.

The legal capacity of legal entities arises from the moment of creation (date of state registration) and terminates at the moment of completion of liquidation (date of exclusion from the unified state register).

Citizens have full legal capacity upon reaching 18 years of age. There are 2 exceptions to this rule:

citizens who got married before the age of 18 become fully capable from the time of marriage;

if a minor who has reached the age of 14 works under an employment contract, or, with the consent of his parents, is engaged in entrepreneurial activity (emancipation).

Until the age of 6, a child is considered completely incompetent. From 6 to 14 years of age, a child is also considered incompetent, but has the right to independently carry out small household transactions.

Minors from 14 to 18 years of age have partial legal capacity. They have the right to independently:

carry out small household transactions;

manage your income, exercise copyright;

make other transactions with the written consent of the parents;

bear property liability for their transactions;

engage in entrepreneurial activity with parental consent.

2.6. Citizen's name and place of residence. Civil status acts.

Name is a means of individualizing a citizen as a participant in civil defense. It includes the surname, first name and patronymic.

A citizen has a name from the moment the parents register the fact of the child’s birth with the civil registry office (ZAGS) and assign a name to him.

Upon reaching 14 years of age, a minor may apply to change the name given to him by his parents.

A citizen’s change of name is not a basis for changing the rights and obligations acquired under the previous name.

Citizen's place of residence– the place where he permanently or primarily resides.

The legal significance of the place of residence is that the inheritance is opened at the place of residence of the testator, the place of fulfillment of the obligation depends on the place of residence, the place of residence may be important for determining the jurisdiction of cases, for declaring a citizen dead in the event of a long absence from the place of residence.

Acts of civil status are legal facts that, in accordance with the law, are subject to registration with the civil registry office.

These are the following legal facts:

birth

marriage

name change

adoption

establishment of paternity

death of a citizen.

Civil registration is carried out by making appropriate entries in the civil registration books and issuing certificates to citizens based on these entries.

3. Ownership and other property rights.

Property rights are a measure of the possible relationship of civil rights subjects to things and other property.

The following basic property rights are distinguished:

ownership

right of economic management

right of operational management

right of lifelong inheritable ownership of a land plot

right of permanent (indefinite) use of land

6. Easements - rights of limited use of other people's land plots 7. rights of family members of the owner of the residential premises.

The right of ownership is characterized by the presence of its owner the most complete list of powers in relation to things.

Such powers are:

right of possession of a thing

right to use a thing

the right to dispose of a thing.

Holders of other property rights do not have all the powers of a subject with the right of ownership.

In the Russian Federation there are the following forms of ownership:

private (citizens and legal entities);

state (RF as a whole and constituent entities of the Russian Federation)

municipal (urban, rural settlements and other municipalities)

If any public property object belongs to several civil society subjects, then, regardless of the form of ownership, common ownership arises.

There are initial and derivative methods of acquiring ownership. The initial ones include legal facts for which there is no succession.

These are the following methods:

acquisition of ownership of a newly created thing;

acquisition of ownership rights as a result of processing a thing;

acquisition of ownership rights to fruits, products, income received as a result of the use of property;

taking ownership of things that are generally available for collection (berries, mushrooms, fish, etc.);

acquiring ownership rights to ownerless property;

acquisition of ownership rights as a result of acquisitive prescription (real estate - 15 years, other - 5 years)

The main derivative methods of acquiring ownership:

acquisition of property rights under a contract (purchase and sale, exchange, gift) or as a result of another transaction on the alienation of property;

inheritance by will or law;

acquisition of ownership rights by a member of a consumer cooperative to a cooperative object after making the entire amount of the share contribution;

privatization of state and municipal property.

Termination of property rights, as well as its acquisition, is determined by the presence of certain legal facts (grounds).

Often, the basis for the emergence and termination of ownership rights is the same legal fact, for example, a purchase and sale agreement.

Ownership rights are terminated in the following cases:

when the owner alienates his property to other persons;

upon voluntary renunciation of ownership rights by the owner;

in case of death or destruction of property;

in case of forced seizure of property from the owner in cases provided for by law:

a) on a compensated basis in the event of alienation of real estate in connection with the seizure of a land plot, in the case of the redemption of domestic animals in case of improper treatment of them and other cases;

b) gratuitous seizure in the event of confiscation, foreclosure of property under obligations and other cases.

4. Law of obligations.

This is a sub-branch of civil law, the norms of which regulate relations related to the economic turnover of property and other civil defense objects.

An obligation is called civil liability, by virtue of which one person (debtor) is obliged to perform a certain action in favor of another person (creditor) (transfer property, perform work, pay money, etc.) or refrain from a certain action, and the creditor has the right to demand from debtor to fulfill his duties.

The grounds for the emergence of responsibilities were discussed in paragraph 2.4.

The plurality of persons in an obligation implies that several persons simultaneously act on the side of the creditor (debtor) or on both sides.

At the same time, obligations with multiple persons are divided into equity (when each of the participants has rights and bears obligations in the obligation only within a certain share) and solidary (when each creditor has the right to demand, and each debtor is obliged to fulfill the obligation in full).

The fulfillment of an obligation is understood as the debtor performing an action (or abstaining from an action) that constitutes the subject of the obligation.

Termination of an obligation means the termination of rights and obligations arising from this obligation.

The main way to terminate an obligation is the proper performance of the obligation (i.e. such a performance that complies with the terms of the contract, the requirements of legal regulations), and in the absence of such requirements, it complies with business customs.

Other ways to terminate an obligation are:

termination of an agreement;

provision of compensation in return for execution (payment of money, transfer of property, etc.);

offset of a counter single-row claim;

debt forgiveness by the creditor;

impossibility of execution;

novation (replacement of a contract with a new contract);

publication of an act of a state body;

liquidation of a legal entity;

death of a citizen (due to personal obligations).

For non-fulfillment or improper fulfillment of obligations, the debtor is subject to civil liability.

5. Inheritance law.

5.1. Inheritance law is a subbranch of civil law, the norms of which regulate relations related to the transfer of property rights and obligations after the death of their owner (testator). In this case, the person(s) to whom the testator's property passes are called heirs (heir).

The inheritance includes things and other property, including property rights and obligations belonging to the testator on the day of opening of the inheritance.

The inheritance does not include rights and obligations inextricably linked with the personality of the testator (for example, the right to alimony, the right to compensation for harm caused to the life and health of a citizen), as well as personal non-property rights and other intangible benefits.

The basis for opening an inheritance is the death of a citizen or the court declaring a citizen dead.

The place of opening of the inheritance is the last place of residence of the testator. The day of opening of the inheritance is the day of death of the testator.

Types of inheritance.

Depending on the basis, inheritance is carried out:

a) by will;

b) by law (when there is no will).

5.2. Features of inheritance by will.

A will is a unilateral transaction that creates rights and obligations after the opening of the inheritance.

The most important condition is freedom of will. The testator has the right, at his own discretion:

bequeath property to any persons, both included and not included in the circle of heirs by law;

determine in any way the shares of heirs in the inheritance;

to deprive heirs of inheritance by law without specifying the reasons;

dispose of all or part of your property;

make one or more wills;

revoke or change a completed will.

The will must be made by the citizen personally. Making a will through a representative is not allowed.

5.3. Features of inheritance by law.

In the absence of a will, the so-called heirs at law are called upon to inherit in order of priority. Based on the Civil Code of the Russian Federation, the heirs are presented in the following order:

Heirs of the 1st stage: children, spouse, parents of the testator;

Heirs of the 2nd stage: full and half brothers and sisters, grandparents on the father’s and mother’s sides;

Heirs of the 3rd stage: full and half brothers and sisters of parents;

Heirs of the 4th stage: great-grandparents;

Heirs of the 5th stage: children of nieces and nephews, siblings of grandparents;

Heirs of the 6th stage: children of cousins’ grandchildren and granddaughters, brothers and sisters, grandparents;

Heirs of the 7th stage: stepsons, stepdaughters, stepfather, stepmother.

The heirs of each line are called upon to inherit if there are no heirs of the previous lines.

Heirs of the same line inherit in equal shares, with the exception of heirs inheriting by right of representation.

Inheritance by the rule of representation: the share of an heir by law who dies before the opening of the inheritance passes by right of representation to his descendants and is divided equally between them.

5.4. The rights of the heir to accept and dispose of the inheritance.

Heirs by will or by law have the right:

Accept the inheritance (submit an application to the notary at the place of opening of the inheritance and, 6 months from the date of opening of the inheritance, receive a certificate of the right to inheritance);

Refuse the inheritance (submit an application to the notary at the place of opening of the inheritance to renounce the inheritance within 6 months from the date of opening of the inheritance).

An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance. Acceptance of inheritance under conditions or with reservations is not allowed.

6. Civil liability.

It is one of the types of legal liability. Civil liability means unfavorable property consequences for the person who committed the civil offense.

The peculiarity of this type of legal liability is that it is always of a property nature.

The elements of a civil offense are formed by the following general conditions:

illegality of behavior (actions, inactions). It means that it contradicts the rules of law and violates the subjective civil rights of other persons.

occurrence of harm (losses to the victim). Harm is understood as the derogation or destruction of a subjective civil right or benefit. Damage can be property or non-property. The monetary value of property damage is called damages.

a causal relationship between unlawful behavior and the resulting harm. Only a direct connection between behavior and harm, when one phenomenon follows from the other, has legal significance.

the fault of the harm-doer. Guilt is always assumed, so the offender himself must prove its absence. At the same time, chance and force majeure are among the circumstances that, as a general rule, exempt the debtor from civil liability.

Depending on the grounds for the emergence of civil liability, there are:

contractual liability (arises in connection with non-fulfillment or improper performance of the contract);

non-contractual liability (arises directly from the offense, in the absence of a binding relationship between the offender and the victim).

Main forms of civil liability:

Payment of the penalty. A penalty (fine, penalty) is a sum of money determined by law or contract that the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation.

Compensation for damages. Applies unless otherwise provided by law or agreement.

Losses = actual damage + lost profits.

Real damage is the loss or damage to property, as well as the expenses that the person whose right is violated has made or will have to make to restore the violated right.

Lost profits are lost income that a person would have received under normal conditions of civil transactions if his right had not been violated.

Thus, for commercial organizations, lost profit is lost profit, and for citizens it is lost wages or other income.

The law or contract may indicate specific options for the form of liability when the following are collected:

only liquidated damages without damages;

losses in full amount in excess of the penalty;

either a penalty or damages at the choice of the creditor.

The law establishes the principles of full compensation for losses. But in some cases, directly provided for by law, compensation for damages may be limited (for example, the carrier’s liability is limited to the value of lost or damaged cargo).

Labor law

2.1. The concept, subject and method of legislative technology as a methodology.

The concept of “Legislative technique” can be given many definitions. This diversity is explained by the fact that different researchers have different understandings of the essence of legislation, its role in the implementation of legal regulation, the essence and forms of legislative influence on the behavior of individuals and on social relations in general. However, regardless of theoretical settings, legislative technique can be considered as:

1. Methodology (system of techniques and methods) of lawmaking;

2. System of knowledge about this process;

3. Academic discipline (the essence and significance of which were revealed above);

4. A system of legal norms regulating the process of creating normative legal acts.

Let's start by defining legislative technique as a methodology.

Any technology can be defined as a set of means of human activity created for the most effective implementation of creation, activities related to the creation of something necessary for the normal functioning of people. Legislative technology is associated with such a specific type of human activity as lawmaking, the process of creating normative legal acts through external expression and formal consolidation of legal norms.

Legislative technology can be defined as a system of techniques, methods, methods and principles for creating and changing a system of normative legal acts . This broad definition allows us to include in the concept of legislative technology the entire process of forming a legislative system: methods of formulating regulatory legal regulations and presenting them in text form, and the process of developing draft regulatory legal acts, and procedures for their adoption, and methods for improving them, and methodology bringing them into line with each other, and their systematization, and social factors influencing the legislative process and much more. Such an integrated approach allows us to study lawmaking and legislative regulation of social relations as a single system of interconnected and interdependent elements, which is an integral part of the legal system of society. This makes it possible to take into account all, without exception, aspects of the technology for preparing laws and regulations, not to miss any of the factors influencing this process, and is a guarantee of the completeness and reliability of the research and the truth of the conclusions made on the basis of these studies.

It is possible to give another, narrow definition of legislative technique as systems of techniques and ways of presenting the meaning of a rule of law in articles of a normative legal act. This definition refers to legislative technology only the methodology for the formation of a specific normative legal act, its structuring, the presentation of its text, regardless of the factors influencing the work of its authors. This approach allows us to study in more detail the technique of formulating a specific legal regulation, creating a specific act of legislation, but does not make it possible to study the entire process of lawmaking in a complex, does not take into account the systematic nature of legislation, and excludes factors affecting the activities of the legislator from the range of issues being studied. It seems that a narrow approach, a narrow definition of legislative technology is not suitable for professionalizing the work of a participant in the legislative process, whose activities are only an integral part of a complex complex of formation of a unified system of legislation, none of the elements of which can exist and act independently.

Legislative technology should be studied precisely as a set of principles and techniques of lawmaking, a unified process of creating a system of normative legal acts.

The activity of the legislator is determined, first of all, by his main task - to formally express and consolidate the rule of law in the law to create and change the legislative system, forming its elements. Therefore, the main subject of influence of legislative technology as a methodology, the sphere of life for which legislative technology offers a system of methods, is such a special type of creative, conscious and socially significant activity as lawmaking .

Legislation can be defined as the process of creating a system of legislation, expressed in external expression and formal consolidation of the rules of law in regulatory legal acts. This process includes legislative knowledge, creation and systematization of normative legal acts (legislative process) and the study of the results of the impact of these acts on social relations.

Lawmaking (like any creative creative process) is characterized by the organic unity of its three main components, which the science of legislative technology studies:

cognition– awareness of the objective social necessity underlying legal regulation, comprehension of the socially necessary behavior of participants in social relations, which should become the goal of legal regulation, understanding the essence of the rule of law to be embodied in legislation;

activity - legislative process, a system of procedures for the creation of normative legal acts, their adoption, amendment and systematization, as well as the relations accompanying these procedures;

analysis of results– assessment of the regulatory capabilities and significance of the created legislation, analysis of its consequences from the point of view of objective social necessity.

These three components in their dialectical mutual transitions constitute a relatively complete and logically unified cycle of lawmaking. In order for legislation to adequately reflect objectively existing norms of law and processes occurring in society, it is necessary to constantly discover, study and skillfully use objective laws that guide these processes. That is why, in order to effectively create a system of normative and legal acts from a regulatory point of view, it is necessary to understand the objective necessity, those complex conditions, factors and circumstances that determine social life and development and therefore are subject to legal regulation. This knowledge also includes establishing the goals of legal regulation, determining the meaning of the normative legal act to be created. At this stage, the essence of the rule of law, the meaning of legal regulations is realized and comprehended.

Further, cognition is followed by activity, which is its logical continuation. The transition from cognition to activity is a labor-intensive, multi-stage deployment and concretization of knowledge in normative legal acts. The stage of creating the law itself (or by-law) begins, divided in turn into a number of stages. The result of the legislative process, its final product is a normative legal act.

And the last stage of lawmaking is the process of assessing and analyzing the results of the process of creating acts of legislation, establishing the compliance (or non-compliance) of the results of legislative activity with the goals of legislators. The results of such an analysis allow us to draw a conclusion about the possibility of ending or the need to continue the legislative process.

Legislative technology is a methodology for implementing in an objective form - in the form of regulatory legal acts of public authorities - an abstractly existing rule of law, which is an expression of the objective necessity of social life and development.

Structurally, legislative technology includes 3 subsystems:

· technique of legislative cognition– the methodology most associated with general theoretical legal sciences, such as the theory of state and law and philosophy of law, of understanding the objective social necessity underlying legal regulation, establishing facts of imperfection of the system of normative legal acts, possibilities, directions and forms of its improvement;

· rule-making technique - a system of techniques and methods for creating specific normative legal acts, procedures for their official adoption and approval, as well as combining them into a single system (systematization) ;

· technique for analyzing the results of lawmaking – a technique for assessing the compliance of the results of lawmaking with the original goals of the process in order to conclude the degree of compliance of these results with the original goals of the activity.

The most important of them is the technique of rule-making; it represents the semantic core, the axis of legislative technology. However, this does not reduce the importance of the other two components, because legislative technology as a science can only exist as a system of these three components. Each of them cannot exist separately and act as a knowledge system.

Legislative technique as a methodology includes a whole range of techniques and methods that determine the process of lawmaking:

· determining the need to create a normative legal act (or make changes and additions to existing acts of legislation);

· precise determination of the true content of the rule of law subject to formal expression, which is derived from the complex of fundamental interests of social life and development;

· establishing the form and method of expressing and consolidating a legal prescription;

· accurate and adequate expression of the will of the legislator in textual form (logical, stylistic and linguistic techniques);

· control over the activities of all participants in the legislative process aimed at ensuring the legal nature of its activities, excluding from the number of factors determining the content of the created normative legal, non-legal incentives of legislation that do not reflect (for one reason or another) the true objective interests of public life and social development ;

· formation and expression of the content of legal norms in legislation through normative legal regulations;

· layout and drafting of normative legal acts, its semantic and structural systematization;

· procedures for the development, approval and adoption of bills (draft by-laws);

· systematization of legislation, bringing normative legal material into a certain order in order to facilitate legal implementation (in specific cases);

· filling gaps in current legislation, as well as correcting conflicts between regulatory legal acts;

· researching the results of lawmaking, determining the extent to which participants in legislative activities achieve the goals of their activities.

The techniques and methods of lawmaking that make up the methodological complex of legislative technology have a strictly defined functional purpose that defines them. The functions of legislative technology predetermine the very existence of this entire legal institution, its structure, as well as the content of the main methods included in this institution. The main, most important such functions, in particular, include the following:

· assistance to participants in the legislative process to accurately establish, in order to consolidate in articles of normative legal acts, the true meaning of the rules of law, in a concentrated form expressing the basic interests and patterns of social life and social development;

· ensuring the truly legal nature of legislation, exact compliance of the content of the created normative legal acts with the fundamental interests of life and development of society, excluding the possibility of influence on the formation of this social regulator by non-legal factors (personal aspirations of legislators, interests of narrow social groups that contradict the general direction of life and development of society, political market conditions, populist aspirations, etc.);

· promoting an accurate and complete reflection of the rules of law, and only the rules of law, in the normative legal acts being created;

· ensuring that the requirements set out in the legislation are understandable to the widest possible range of subjects of legal regulation;

· eliminating the possibility of different interpretations of legislative acts, promoting a common understanding of the meaning of the regulations contained in them;

· promoting the implementation of regulatory legal acts as the most appropriate and convenient model of lawful behavior of individuals and legal entities;

· promoting the achievement of completeness, consistency and logical unity of the current legislation, combating both gaps and duplication of regulations expressed in regulatory legal acts;

· creating optimal conditions for improving existing legislation: updating, systematizing, correcting shortcomings;

· maintaining the longest possible viability of the created normative legal acts, ensuring that they retain their legal nature and have a real opportunity to influence the behavior of participants in legal relations for the longest possible period of time.

The above functions of legislative technology as a methodology can be considered as the goals of using scientifically developed and substantiated techniques and methods of lawmaking. They allow us to draw a conclusion about the role that legislative technology plays in the activities of legislators.

2.2. Legislative technology as a science

Now let's consider legislative technology as a system of knowledge, that is, as a science.

Legislative technology, unfortunately, is one of the least developed legal sciences in our country. In fact, we are talking about a fundamentally new system of legal knowledge, which has a specific subject, method and functional purpose. However, despite the weak development, the need for a special scientific substantiation of lawmaking and the fact of the existence of a special legal science, legislative technology, is practically not disputed by anyone.

Legislative technology is a special legal science located at the intersection of the theory of state and law and constitutional law (as a science). It is closely connected with both sectoral legal science and general theoretical science, but, nevertheless, retains its independence. The goal of this science is to apply in practice the achievements of the theory of state and law in the course of legislative activity, to implement its main ideas and principles, and to provide a theoretical basis for the legislative process. Legislative technology as a science is called upon to find a rational way to introduce theoretical knowledge about law into the practical sphere, in the process of creating a system of normative and legal regulators of social relations as forms of external existence of objectively existing legal regulations. Thus, legislative technique can be classified as technical and legal sciences

Legislative technology as a science is a branch of knowledge about legislative technique methodology. Item legislative technique can be generally defined as lawmaking technique, that is a system of principles, techniques and methods used by legislators to implement legal norms in articles of regulatory legal acts, to create and change a unified system of legislation, to form and improve its elements .

The science of legislative technology studies a special sphere of human life associated with the external expression and formal consolidation of objectively existing norms of law in the system of normative legal acts. The main object of studying legislative technology as a science, the main source of knowledge, the main practical basis (both for conducting research and for testing and implementing achievements) is the activity defined by legislative technology as a methodology - lawmaking .

Legislative technology as a science includes the following main institutions:

· basic principles of lawmaking;

· basic methods of understanding the need and determining the method of legal regulation;

· technical techniques and ways of translating the meaning of legal norms in the text form of normative legal acts;

· logic, language and style of law;

· main external factors influencing the formation of the legislative system;

· basic techniques and methods for improving and systematizing regulatory and legal material;

· technical rules for analyzing the results of lawmaking.

The emergence of legislative technology as a science is caused by the practical need for scientific validity of legislative activity. This necessity determines the role and place of this legal science in the system of legal relations and its functional purpose.

Of all the legal sciences, legislative technology is most closely related to theory of state and law, which not only provides a theoretical basis for legislative technology, but also provides a practical justification for many specific provisions and methods. In addition, the science of legislative technology is closely related to such branch legal science as constitutional law, which provides the basis for formal regulation of many (but not all) lawmaking procedures. However, the general part of other branch legal sciences can also be considered as related to legislative technology. Among other legal sciences, one cannot fail to note the connection between legislative technology and legal psychology, which substantiates the possibility of effective influence of legislative regulations on people’s consciousness.

Method science-legislative technology as a system of techniques and methods of obtaining knowledge used in science to obtain knowledge about its subject, includes a whole complex of general scientific and special scientific methods. In general, the methodology of legislative technology is similar to the methods of such legal sciences as the theory of state and law and constitutional law. The science of legislative technology uses are common methods used by all sciences, and private, used only by some sciences.

Legislative technology can be classified as general scientific methods of science, in particular: analysis(the process of mentally decomposing a whole into its component parts) and synthesis(the process of mentally creating a whole from parts). On their basis, researchers have the opportunity to fully and objectively study the theoretical issues of lawmaking as a single complex of actions and institutions, and draw conclusions about the nature of the interrelations of the components of this complex. This category of methods includes historical(study of legislative issues in their dynamics historical development)and logical(use in the field of research of the legislative process and the methods, techniques and methods of the laws of formal logic used by its participants) methods. In addition, among the general scientific methods actively used in legislative technology, we can highlight induction(a method of obtaining general knowledge about a class of objects based on the study of individual representatives of this class) and deduction(a form of inference from the general to the particular and individual, characterized by the fact that new knowledge about an object or a group of homogeneous objects is derived on the basis of knowledge of the class to which the objects under study belong or
general rule valid within a given class of objects) . Legislative technology and other general scientific methods of cognition are used.

The private scientific methods used by legislative technology as a science include a fairly large and unique set of techniques and methods. System-structural method involves the study of a subject based on the assumption of its systemic-structural unity, the close mutually defining relationship of the main components of this subject, as well as the fact that the subject of study is an element of a larger system, and the structural elements of the subject themselves are systems. Functional method involves the study of any object from the point of view of its purpose, its role and functions. Formally – legal method means the study of a subject from the point of view of legal regulation of its functioning (for example, the study of normative legal acts regulating the legislative process). Very important for legislative technology scientific modeling method, when researchers create a mental ideal image of the object under study and study its properties, as well as the possibilities of its functioning and changes. Legislative technology is also used comparative method, in which there is a comparison of certain elements of the subject being studied and other phenomena of the surrounding world. Method of socio-legal research is used to study the effectiveness of existing regulatory legal acts, generalize the practice of their implementation, and identify public opinion that is important for participants in the legislative process. Comparative legal method allows you to explore the techniques and methods used for lawmaking in other legal systems and draw a conclusion about the possibility of their use in Russia. Legislative technology and other methods of scientific knowledge are used.

The above general and specific scientific methods of studying legislative technology are used comprehensively, in close interrelation with each other. The system of these methods largely determines the close relationship between legislative technology and related legal sciences, such as the theory of state and law, constitutional law, philosophy of law and some others.

2.3. Development of problems of legislative technology in Russia and abroad.

Legislative technology as a science has long attracted the attention of legal scholars.

The German legal school is distinguished by the greatest scientific development of the mechanism for creating a legislative system. Germany has given the world a galaxy of outstanding jurists who have developed a brilliant system of scientific concepts in the field of legislative technology. I. Bentham and R. Iering were among the first to begin research in this area. Later, in the 20th century, the development of lawmaking techniques was continued by G. Dolle, O. Gierke, G. Kinderman, G. Weck, G. Hane and others. German scientists created the most important concepts in the field of logic, style and language of laws, which largely influenced on the process of formation of legislation in modern Germany, they managed to justify the use of many theoretical-legal and philosophical-legal theses in the legislative process, to connect general theoretical legal research with the course of their practical application in laws and regulations. The main direction of development in the German school of legislative technology has traditionally been to ensure the deepest possible scientific substantiation of the legislation being created, and the most accurate and complete reflection of doctrinal legal conclusions in normative legal acts.

The French school of legislative technology is more practical in nature. Among the most famous French jurists who worked in the field of legislative technology, it should be noted F. Geny, S. Dabin, R. Cabriac and some others. The research of French jurists is not as deep theoretical and doctrinal in nature as that of German ones; they are much more pragmatic, tied to the solution of specific problems by participants in legislative activity. Perhaps in this regard, most of the developments of French legal scholars in the field of legislative technology are not so much scientific monographs as practical manuals and recommendations that can be used as a scientific and practical basis for the creation of specific regulatory legal acts. The French system of legal regulation of lawmaking techniques is distinguished by detail, pragmatism and scrupulousness, which are given much more attention than large-scale and deep general theoretical developments. The basis of French legislative technology is the desire to ensure universal, accurate and complete understanding of the meaning of the normative legal regulations set out in legislation through the simplest possible means, designed for linguistic interpretation by a person who does not have special legal knowledge - the addressee of these regulations. French scientists have developed especially well the scientific foundations of codification and the methodology of this process.

In Russia, issues of improving legislation on scientific level began to engage in the second half of the 19th century. The increased attention of scientists and practitioners to the form of laws of that time is evidenced by the discussion that unfolded in the legal literature regarding the draft Code of Criminal Punishments of 1885. Thus, in one of the reviews of the draft it was written that: “A close acquaintance with the draft convinces that The simplification of legislation proposed by the project, by reducing to a minimum the number of definitions of theft of property, is achieved through the completeness, clarity and certainty of the law. For the future judicial practice the draft opens up the prospect of a whole series of difficulties, since the text of the law is too short to answer all the requests of law and the actions of life.”

The greatest interest of pre-revolutionary Russian lawyers in the problems of legislative technology manifested itself in the period from 1900 to 1917, i.e. during the period when the bourgeois revolution was brewing in Russia. At this time, such Russian scientists as N.S. Tagantsev, F.P. were engaged in research into legislative technology. Butkevich, M.A. Unkovsky, P.I. Lyublinsky, A.N. Bashmakov and others. During this era, several very interesting scientific concepts developed in Russia.

P.I. Lyublinsky, in his famous manual “Technique, Interpretation and Casuistry of the Criminal Code,” wrote that, being a changeable creation of human hands, legal law finds its power in itself and only in this form is it an active, order-creating will. Therefore, the word of the legislator is a task that can be perfectly accomplished only by a God-gifted person, who can create an intuitively sacred legal order, consisting in living correspondence with the soul of the people and real forces. He further noted that legal interpretation teaches us the art of developing the legislator’s thought and extracting the necessary content from it. But it is conceivable only if one is familiar with the technical techniques that the legislator used when constructing his norms. That is why P.I. Lyublinsky believed that legal hermeneutics should be preceded by the study of legislative technology based on practical experience in lawmaking and interpretation of legal norms. It was practical experience that was of paramount importance to this one of the founders of the national school of legislative technology.

Another well-known Russian legal scientist, M. A. Unkovsky, held a different point of view on the problems of this science. In one of his scientific works, he wrote that, undoubtedly, experience in legislative technology, gained through long-term participation in the process of drafting laws, is far superior to the knowledge in this area possessed by persons who have recently entered the field of legislative activity, which in most cases are elected members of legislative chambers, but that such experience cannot be called sufficient is shown by the fact that those legislative acts that in different states came from the pen of legislators before the introduction of the electoral system into legislative institutions, also invariably upon their publication caused a great deal of confusion, requiring all sorts of additions and clarifications, both authentic, administrative and judicial. This outstanding lawyer defended the need for a scientific substantiation of the rules of legislative technology and put forward a number of interesting theoretical and legal theses concerning legislative technology.

However, unfortunately, pre-revolutionary domestic scientists did not try to connect their theoretical developments with practical recommendations for the creation of normative legal acts. There was no single state legislative concept based on serious scientific developments.

After the October Revolution, quite a lot of attention was paid to issues of legislative technology for some time, especially at the stage of forming the foundations of Soviet legislation, which was radically different from the legislation of the Russian Empire. In the era of the formation of a new, planned as an advanced, legal system, a new legal ideology, a new concept of creating revolutionary legislation was developed, the main advantage of which over the bourgeois legislation would be its nationality, and, consequently, the clarity and intelligibility of its provisions, not allowing for double interpretation, etc. distortions and distortions of its essence. The main emphasis in scientific developments of those years was on the need to simplify laws, ensuring their maximum understandability to the broad masses of the population and, at the same time, ensuring their legal nature. And most of the research in the field of legislative activity was carried out in the field of means of presenting the text of laws and the terminological system used in their presentation, in the field of developing the style and language of legislation. In 1931, under the Presidium of the All-Russian Central Executive Committee of the USSR, a special commission was created of scientists - lawyers and philologists, whose task was to develop scientifically based recommendations for improving the language of normative legal acts. The issue of the need to carefully develop the logic, language and style of the law has been actively discussed in the scientific literature. In the late 20s - early 30s of the 20th century, an interesting discussion was held, during which many valuable and original proposals were made regarding the external design of laws, methods of textual expression of normative legal regulations. Even some prominent Soviet party and government figures, far from science, could not deny themselves the pleasure of taking part in this work.

However, with the formation and strengthening of the administrative-command management system in our country, interest in legislative technology gradually faded away. This was facilitated by the disdainful attitude established among semi-literate party and state functionaries towards the “formal” requirements and rules for drafting laws, strict party-ideological control over scientific developments, as well as the physical extermination of the color of the young Soviet law school. However, it cannot be said that research in this area of ​​legal science stopped completely - the search for scientific foundations for improving Soviet legislation by some researchers continued.

The revival of the domestic school of legislative technology occurred in the 60-90s of the 20th century. At this time of the heyday of domestic legal science, the main scientific concepts in the field of lawmaking are formed. It was they who determined the current state of domestic legislative technology as a science.

Currently, domestic science and legislative technology is experiencing a period of growth. Scientific methods of legislative work are being developed, the experience of creating normative legal acts is being comprehended and analyzed, foreign experience and concepts of foreign authors in the field of legislative technology are being actively studied.

The increased interest in legislative technology in modern Russia is due to a whole complex of factors associated with changes in the state of legal regulation. First of all, attention to this science is due to a significant increase in the role of legislation in the legal regulation of social relations and in social life in general, as well as increased legislative work during legal reform from the early 90s of the last twentieth century to the present. In addition, interest in the methodology of forming and improving legislation is associated with the increasing role of legislative representative bodies in the life of the state and society, changing the nature of their formation and work, and the need to systematize, professionalize and streamline their activities. Also, most researchers note that in modern conditions there is an urgent need to improve teaching in legal higher educational institutions, improve the quality of education of legal experts, which without knowledge of the methodology for forming a system of normative legal acts cannot be considered as a logically complete and full-fledged professional and, even more so, , scientific training. “One of the urgent tasks not only of law schools, but also of all higher education is the transition from training focused on the cognitive development of disciplines to training aimed at developing the skills and abilities of highly professional subject matter-practical scientific activity”

Among the most important works of modern Russian researchers devoted to issues of legislative technology, it is necessary to highlight the works of D. A. Kerimov, who creates an important philosophical and legal basis for research in this area, Yu. A. Tikhomirov, who developed a lot of very interesting practical recommendations for legislators, T.V. Polenina, A.S. Pigolkina and some others. It is their developments that represent the scientific basis of modern Russian school legislative technology.

It can be stated that as a result of the active scientific development of techniques for forming a legislative system now, at the beginning of the 21st century, the professional level of domestic legislators has increased significantly compared to the beginning of the 90s of the last 20th century, when radical reform in our country began. Technologies for legislative actions and procedures are developed doctrinally; on the basis of these developments, methods are created and normatively approved, which become generally binding and act as systematization and unification of the legislative process.

However, the general level of scientific substantiation of lawmaking in our country is currently, unfortunately, far from perfect. This is manifested in numerous facts of legislative errors, which entail most of the defects of modern Russian legislation.

Concept, object, purpose and content of legislative technology. The development of the new legislative system of the Russian Federation is quite complex and contradictory in the context of ongoing political and socio-economic reforms. The current situation places special demands on the efficiency of lawmaking, on the quality of adopted laws and the entire legislative system. The increasing role of legislation is an objective pattern determined by the complexity of the tasks facing Russian society.

A special place in the theory of law is occupied by the question of the content and purpose of legislative (legal) technology, as well as the question of the quality and effectiveness of individual legislative acts and the entire legislative system. Legislative technology is based on a system of basic provisions and principles, while it is based on laws inherent in other sciences: management science, logic, sociology, etc.

Under legislative technique is understood as a set of requirements, rules, methods, means and techniques (tools) used by subjects of the legislative process to organize and carry out legislative activities.

The toolkit of the developer of regulatory legal acts (hereinafter referred to as the developer) is classified by subject (list of tasks and issues to be solved), purpose and content. Classification according to these criteria allows us to distinguish three main types of legislative technology: the technique of conceptual development of draft legislative decisions; writing and drafting texts of bills; implementation of legislative activities. Experts also highlight additional types of legislative techniques: techniques for introducing amendments and additions to existing legislation; systematization of legislation; publication of laws and some other types.

Objects of legislative technology are the texts of draft laws, as well as accompanying documents (explanatory note, financial and economic justification, etc.).

Subject of legislative technology are: the structure and technology of the legislative process, including the composition, content and sequence of its stages, stages and tasks, the conditions for their implementation, as well as the requirements for the content and quality of their results; organizational structure - composition and competence of subjects of the legislative process; tasks, functions and organization of the legislative process management system, including its elements such as goal setting, regulation of procedures, planning of legislative work, coordination of the actions of participants in the process, analysis of efficiency and improvement of the process; functions and organization of the system for supporting the legislative process, including legal, information and analytical, documentation, organizational, technical and other types of support; tasks and organization of official incorporation of legislation - publication on behalf of the competent state bodies of collections of current legislative acts, systematized in chronological, thematic or other order.

Purpose of legislative technique is to ensure the effectiveness of the legislative process as a whole, that is, fulfilling the requirements for the effectiveness and consistency of legislation, as well as the optimal combination of its stability and timeliness of introducing objectively necessary changes, subject to a number of conditions and restrictions related to the actual organization of the process, such as the complete implementation of constitutional rights of subjects of legislative initiative, compliance with the officially established procedure, etc. The content of the rules, methods, means and techniques for organizing legislative activity synthesizes the achievements of legal sciences, primarily the general theory of law, state (constitutional) law, and sciences that study general issues of organization complex activities, such as the theory of organizational systems, management, sociology, etc.

Principles of legislative technology. All actions related to the development, writing and execution of texts of draft laws, as well as subsequent work with them at various stages of the legislative process, should be based on the principles of legislative technology. Their use will minimize the possibility of legislative errors.

To the basic principles legal technology relate:

• general principles of regulation (management) in relation to lawmaking.
• A) adequacy of legal action the essence of the problem situation and its compliance with state policy in this area of ​​public relations. To act in accordance with this principle means to ensure: compliance of the subject of legal regulation with the content and boundaries of the problem situation; providing the necessary rights and establishing sufficient requirements for subjects of legal relations; compliance of legal regulation with state policy in this area of ​​public relations;
• b) completeness, non-redundancy and specificity of regulation. The application of this principle is intended to ensure comprehensive satisfaction of the need for legal regulation, the absence of gaps and omissions, as well as unnecessary provisions in the texts of laws that can be dispensed with;
• V) minimization (absence or tolerability) of side effects as a result of legal regulation. The action of this principle is aimed at preventing (minimizing) consequences (primarily negative) that are not directly related to the solution of this legal problem;
• G) timeliness of regulation, what does it mean to put a legal act (its individual provisions) into effect at the right time;
• d) feasibility of legal action or the availability of legal mechanisms, organizational and other appropriate resources;
• principle of systematic regulation designed to ensure compliance with the accepted structuring of the law on industries, sub-sectors and institutions, as well as the established relationships of legal acts according to their legal force; compliance in objectives and consistency in content of new and existing legal acts, compliance of the type of legal act with the competence of the body that issued it; the presence of changes in existing legal acts related to the adoption of this legal act;
• principle of precision, certainty and clarity content and form of established legal relations: adequacy of expression by linguistic means of the essence (concept) of a legal decision, ensuring an accurate understanding (interpretation) of the provisions of a legal act by all subjects of legal relations; correct execution of the act as an official legal document;
• principle of creative approach to the process of development, writing and execution of draft legislative acts. It is no coincidence that the process of developing draft normative legal acts is also called “rule-making,” and legislative technology in the 19th century. in Russia they called it “the art of law.”

Despite the fact that the set of techniques for using linguistic means to express certain ideas in lawmaking is seriously different from the expressive techniques and means in fiction, the text of the law is a work, that is, a product of creative thought and a pile of its authors.

Within general requirements legislative technique, the author of the bill can choose any words, the order of their placement, use different legal constructions and methods of presenting legal regulations. From this point of view, for the legislator there are practically no rules of legislative technique that he must strictly observe. Most of the rules of legislative technology are actually recommendations, and only a small part of them are mandatory requirements, since they were formulated as such in regulatory legal acts.

To implement the principles of developing legal acts in lawmaking, various elements of legal technology are used, including such as:

• application of certain regimes (methods) of legal regulation, types of norms and logical structure of norms. For example, such legal regimes as generally permissive, permissive, are characteristic of public and private law, individual branches of law and are focused on certain methods of legal regulation - permission, obligation, prohibition;
• the use of various methods of presenting regulations, classified according to the degree of generalization of the normative material, according to the completeness of the use of elements (hypothesis, disposition, sanctions) of a legal norm, according to the “specialization” (definitive, evaluative, dispositive, etc.) of a particular article, according to the use internal and external links;
• following the laws and rules of formal logic. The basic laws of logic (identity, non-contradiction, excluded third and sufficient grounds) are used in law-making to construct both legal acts as a whole and their individual parts and provisions;
• use of formal business style. While the texts of legal acts must comply general standards of the modern Russian language, the functional and stylistic features of the language of law presuppose the official nature, documentation, maximum accuracy, expressive neutrality, impersonal non-individual character, clarity and simplicity of the linguistic expression of the provisions of a legal act; economical use of linguistic means, the predominance of the dynamic rather than the static side of phenomena;
• compliance with the requirements for the terminology of legal acts, such as unity, semantic unambiguity, stylistic neutrality, systematic terminology; prevalence and general acceptance, stability, accessibility, correctness of the terms used;
• the use of legal structures, stable schemes and models that establish the relationship between the rights, duties and responsibilities of subjects of legal relations;
• following certain rules for the use of details and the execution of a legal act as a whole, as well as its structural parts, the use of additional structural and semantic elements, such as notes, tables, etc. Thus, at the beginning of legal acts it is customary to place general provisions that can establish goals, objectives and basic principles of regulation, definitions of terms used. The final articles of normative legal acts include provisions on the timing and procedure for putting the act into effect, on the repeal, amendments and additions of existing acts in connection with the adoption of this normative legal act.

Technical and legal quality of legislative acts. Each specific object or phenomenon has a certain number of properties, the unity of which is its quality. In contrast to the philosophical approach to the category of “quality”, which is neutral in value terms, the interpretation of quality in law has an evaluative nature - high or low, proper or improper quality of a legislative act, etc.

It seems appropriate, in addition to the categories “quality of law” and “legal quality of law,” to single out “technical and legal quality of law” as an independent scientific category, which allows scientists and specialists to focus on various aspects of the legal quality of laws.

Another great French philosopher S.L. Montesquieu, in one of his main works, “The Spirit of Laws” (1748), defined the concept of law as "a necessary relation arising from the nature of things" argued that the laws that dominate public life should not be the product of the arbitrariness of the legislator, but be subject to certain requirements.

A modern normative legal act, and in particular the law, is not a mechanical structure consisting of separate parts, but an integral and indivisible unity of qualities - legal, social, political, administrative.

An analysis of the currently known requirements, rules and means of legislative technology indicates that legal science and legislative practice have developed the appropriate tools for the legislator to ensure all aspects of quality law, and not only legal.

Thus, The technical and legal quality of a law is a set of properties of the form of a legislative act that determines their compliance with the content and regulatory nature of the law.

The legal quality of an act largely depends on the quality of the activities of its developer(s). At the same time, the complexity of the legislative process, the presence of many stages, a large number of participants bring the problem of unification of rules to the fore. Otherwise, the draft law will change depending on the ideas of each subsequent participant in the legislative process about the rules of legislative technology.

The quality of the law is characterized by such properties And characteristics, so-called quality indicators such as:

• functional suitability, i.e. the normal operation of the law in accordance with the scope of its application;
• reliability (safety, justified durability, ability to make changes). Security as a state of impossibility of harmful consequences for citizens due to the application of the law;
• environmental friendliness as the impossibility of the occurrence of dangerous environment impacts from the application of the act;
• law enforcement characteristics containing elements of legal and managerial quality (normativity, consistency, consistency, clarity, accessibility, completeness of regulation, non-redundancy, absence of psychological rejection);
• aesthetics of form and presentation of content (compliance with the requirements of the modern Russian language, compactness, etc.);
• ease of use of the act;
• operational profitability - an appropriate level of expenses in the process of applying the act.

At the stage of development of the act, all these indicators are the general and constant technical and legal goal of the legislator and their achievement must be ensured by strict compliance with all requirements, rules and methods of legislative technology.

1. Subject, structure and objectives of the legislative technology course.

The subject is legislative technology as a science, i.e. a system of knowledge about techniques, methods, methods, rules and principles for creating laws and regulations and their systematization.

The subject is: a) the structure and technology of the legislative process. including the composition, content and sequence of its stages, stage-g. and tasks, conditions for their implementation, as well as requirements for the content and quality of their results; b) organizational structure - composition and competence of subjects of the legislative process; c) tasks, functions and organization of the legislative process management system; d) functions and organization of the system for supporting the legislative process. including legal, information and analytical. documentary. organizational, technical and other types of support: e) tasks and organization of official incorporation of legislation - publication on behalf of the competent state bodies of collections of current legislative acts, systematized in chronological, thematic or other order.

Objectives: - formation, consolidation and development in students of new legal thinking, general, legal, legislative culture, high professionalism, as well as other qualities required by a lawyer for competent actions in modern conditions when creating a normative and regulatory system.

Students' understanding of the role of legislative regulation of social relations in the life of society and the need to provide a scientific basis for the process of forming a legislative system.

Understanding the basic principles, techniques and methods of the lawmaking process.

Mastering the achievements of leading domestic and foreign lawyers in the field of legislative process and legislative technology.

Structure (3 subsystems):

1. technique of legislative knowledge - establishing the facts of the imperfection of the regulatory legal acts system and the possibilities for its improvement.

2. rule-making technique - a system of techniques and methods for creating specific legal acts, procedures for their official adoption and approval, + combining them into a single system.

3. technique for analyzing the results of lawmaking - a technique for assessing the compliance of lawmaking with the original goals of the process.

2. Legislative process: essence, concept, legal regulation.

It would be natural to consider the legislative process as part of the process of legal formation. Lawmaking is a complex social phenomenon of a managerial nature. This is one of the forms of state management of society. Like any social process, it is a conscious, purposeful activity carried out through law and legal norms. Speaking about lawmaking as a social and legal phenomenon, it cannot be limited only to the publication of normative acts. It covers a wider range of processes: preparation of a normative act, identification of needs for legal regulation of certain social relations forming the law.

According to the traditional point of view, lawmaking is the activity of the state aimed at creating legal norms. In a narrow sense, lawmaking directly refers to the process of creating legal norms by competent authorities. In a broad interpretation, this process is “calculated” from the moment of law-making intent to the practical implementation of a legal norm (preparation, adoption, publication, etc.).

The law-making process is based on certain principles: Democracy and transparency of law-making. Professionalism of lawmaking. Legality of lawmaking. The scientific nature of lawmaking and its connection with law enforcement practice.

Lawmaking, like any creativity, presupposes that legislators have not only a general culture, but also requires from them special knowledge and certain skills in mastering the art of forming and formulating legislative acts. This knowledge in world legal theory and practice is called legislative technology, which is a certain system of requirements for the creation of normative legal acts (laws and by-laws) and their systematization.

The result of lawmaking, its product, is the result - the law. But this result is only an intermediate, primary result, after which comes the action of the law itself, which consists in the practical regulation of relevant social relations.

3. Concept, essence and significance of legislative technology.

In a subjective sense, “technique” means the legal art of finishing legal material; in an objective sense, it means the mechanism of law. Simplification makes it easier to understand and opens the way to the correct application of the law. Quantitative simplification includes such technical operations as decomposition of normative material, its logical concentration, systematic arrangement. R. Iering identified three main techniques of legal technique - legal analysis (alphabet of law), logical concentration, legal construction (command, interpretation - legal institution and legal concept, legal position and legal principles).

It is significant that legislative technique is traditionally considered in the context of lawmaking as one of its elements. This is a system of rules and techniques for preparing the most advanced draft regulations in form and structure, ensuring the most complete and accurate compliance of the form of regulatory requirements with their content, accessibility, simplicity and visibility of regulatory material, and comprehensive coverage of regulated issues. These include requirements for the form of acts, amendment or repeal of previously adopted acts, elimination of contradictions, design of new editions of articles, etc., as well as formal details, structural divisions, specific language, definitions of terms, special means of ensuring norms.

Legislative technique is a system of rules designed and used for the cognitive-logical and normative-structural formation of legal material and the preparation of the text of the law. In the definition we propose, we can distinguish six interrelated elements of this phenomenon: a) cognitive-legal; b) normative-structural; c) logical; d) linguistic; e) documentary and technical; e) procedural.

Four main areas of integrated application of legislative technology can be distinguished.

Firstly, a systematic and systematic influence on legislative activity, when with its help it is possible to carefully and legally correct form the regulatory fabric of the future law. Secondly, legislative technology influences law enforcement activities, contributing to a correct understanding of the meaning of laws and the content of legal norms. Thirdly, legislative technology acts as a means of international exchange of legal information. Fourthly, legislative technology serves as a means of teaching the basics of lawmaking and law enforcement.

4. Rules of the legislative process used when introducing bills to the legislative body.

For the first time, the norms of customary law of Ancient Rus' were recorded not in law, but in treaties between Russians and the Greeks (Byzantium) in 911, 944 and 971. They included separate rules of criminal and inheritance law. Treaties are not divided into articles; this division was introduced into them by researchers for ease of use. It is possible to note the appearance of some basic legal terms in the texts of contracts. So, in Art. 6 of the treaty of 944 talks about liability for theft “but according to Greek law and according to the charter and according to Russian law.”

The first legislative act of Ancient Rus' was “Russian Truth”, existing in short, lengthy and abbreviated editions and in many lists. Like treaties, Russkaya Pravda was not divided into articles. A method of legislative technique, of course, is the normative construction of sentences in the text. It clearly shows a hypothesis and a disposition, which is expressed by the words: “If..., then...” The word “ashe” corresponds to the present “if” or “if”. Sometimes instead of “ashe” the words “azhe”, “auger”, “and izhe” are used. If the sentence does not contain these words, its normative character is preserved, which can be shown by the example of Art. 1 “If a husband kills his husband, then he takes revenge on his brother’s brother...”

In addition to this new method of legislative technique, article headings are introduced in a lengthy version. In contrast to the short edition, where such articles are scattered (Articles 1, 19-), here they are collected together. Russkaya Pravda also contains terms of civil law and process. In the title “On debt” we easily recognize the term “debt”, relating to an agreement for the loan of money, products or any things. As a lack of legislative technique, it should be noted that this title is assigned to one article 55 of the lengthy edition, and articles 47, 48, 50, 51 and 119 also speak about lending .

Of the procedural terms in Russkaya Pravda, the term “plaintiff”10 is most widely represented, but the terms “claim” and “defendant” are not.

6. Rules of the legislative process used when considering bills in the legislative body.

Consideration of bills by the State Duma is carried out in three readings, unless otherwise provided by current legislation or the Rules of Procedure of the State Duma.
A bill prepared for consideration in the first reading and materials for it, upon the recommendation of the responsible committee, are sent by the State Duma Staff to the President of the Russian Federation, the Federation Council, deputies of the State Duma, the Government of the Russian Federation and the subject of the right of legislative initiative that introduced the bill, no later than three days before the date of consideration of the bill at a meeting of the State Duma.

Bills, with the exception of bills listed in Article 104 (Part 3) of the Constitution of the Russian Federation, may be considered by the State Duma without the Government of the Russian Federation responding to them. When the State Duma considers a bill in the first reading, its concept is discussed, an assessment is made of the compliance of the main provisions of the bill with the Constitution of the Russian Federation, its relevance and practical significance. When considering a bill providing for expenses covered from the federal budget, mandatory the conclusion of the Government of the Russian Federation is heard.

After the end of the discussion of the bill, a proposal to adopt or approve the bill in the first reading is put to a vote. If a bill is adopted or approved in the first reading, the State Duma, in a resolution on the adoption or approval of the bill in the first reading, sets the deadline for submitting amendments to the bill. The period for submitting amendments, as a rule, cannot be less than 15 days. If the title of a bill is changed during the second reading, it is introduced in the House with the new title, and its original title is given below in parentheses. A bill adopted in the third reading must have the title in the latest approved version. The same requirements apply to the execution of draft resolutions of the State Duma on the adoption or approval of relevant bills.

On behalf of the responsible committee, the Legal Department of the State Duma Apparatus carries out an article-by-article legal and linguistic examination of the bill in accordance with the requirements of Article 112 of the Rules of the State Duma and prepares a conclusion. At the beginning of the second reading of the bill in the State Duma, a representative of the responsible committee makes a report. The Council of the State Duma schedules the third reading of the bill for voting in order to adopt it as a law.

7. Legislative technology in Ancient Rome.

The system of Roman law, while not being developed and established at one time, emerged during the long development of legal practice and developments in jurisprudence, differs from the branch division of legal systems of our time. The main qualifying feature of the classification of institutions and the legal system as a whole was the division into public law and private law.

A feature of legal formation in Rome was the legal regulation of the emerging industrial relations, mainly not through legislation, but through the scientific work of lawyers and the activities of Roman magistrates in resolving disputes between private individuals. The legislative acts of Republican Rome are reduced to a monument of the most ancient era - Laws XII. R. p. developed on the basis of discussion and resolution of specific cases ~ ~ incidents, which ensured its vitality. Along with this, Roman private law was basically judicial law.

Under the Roman Emperor Justinian I, it was held in 528-534. codification of the R. p., which compiled 3 collections, which were given the force of law: Institutions, Digests and the Code - a collection of imperial laws. Subsequently (around 565), a 4th collection was added to these collections - Novellas. Only in the 12th century. these separate collections of Justinian's codification were finally united under the name Corpus juris civilis (Code of Justinian's Laws).

Along with the right of property, the law of obligations, especially the contract (contractus), received detailed and technically developed regulation in the civil society. R. p. establishes certain closed categories of contracts, and from each contract arise special claims (actiones) that have special names. By developing contract law, Roman jurists satisfied the need for trade and business in general, which had been developing since the beginning of our era. The Roman doctrine of contract has largely retained its significance.

8. Rules of the legislative process used in the adoption of laws.

11. Development of legislative technology in the modern period.

The history of law and state of modern times represents the beginning modern history these institutions. It includes a transition from personally dependent individual and group relations to individual freedom, guaranteed by the abolition of class division and recognition of the equality of citizens before the law. The traditional branches of civil and punitive law are complemented by a new and separate branch of regulation of the organization and activities of government institutions in the center and locally, which subsequently receives the name of the branch of constitutional (sometimes state) law of a given country.

Legal institutions of modern times continue to experience, directly or indirectly, the impact of changes occurring in society and become one of the important areas of social activity and communication, where the changes associated with the transition from a traditional (agrarian) society to a modern (industrial) society receive their partial implementation, support and consolidation. These changes were caused primarily by the growth of industrial production and the spread of intensive trade exchanges not only within a single country, but also far beyond the borders of individual countries and even historical regions.

Criminal law of modern times

Characteristic features: Criminal law norms are isolated in separate sections of codes of laws; Severe punishments, widespread use of simple and qualified (performed in a painful way) death penalty; Widespread use of unified terminology (the emergence of definitions of the concepts of “crime”, “punishment”, etc.), norms of a general nature are located in an associative order, but are not yet identified as a separate block; The casuistry of law is reduced, the rules on crimes are brought into the system, the generic object is highlighted as a criterion for systematization; The doctrine of the subject of a crime (including sanity) is being developed.

9. Development of legislative technology during the period of feudal law.

Feudal law is a special historical legal system, which, in comparison with ancient Eastern and Roman law, had pronounced features:

1. Particularism of law (disunity of law). Each feudal state had its own law, which in turn was heterogeneous and included several legal subsystems (royal law, feudal law, local law, city law). There was no idea of ​​the unity of law; often the rules of law contradicted each other.

2. The connection between law and religion. Feudal law was associated with religious norms and had a religious justification.

3. Feudal law, compared to Roman law, is primitive, undeveloped from the point of view of legal technology). The primitiveness of feudal law is manifested in the unsystematic nature of norms, the lack of understanding of industries, institutions, gaps and conflicts in the law.

4. The main principle of feudal law was class, which manifested itself in the legal inequality of individual social groups (noble, ignoble, free - dependent). The sources of feudal law were customs, judicial precedents, church and secular normative legal acts issued by the king, codifications, Roman law, city codes of law. A brief description of:

1. The main and most widespread source of law in the period 5 - 13 centuries. there were customs that developed in a given area or feudal curia. There were written and unwritten customs that regulated the relations between the noble (feudal law) and the ignoble (zemstvo law). One of the variants of customary law were legal codes, which were a systematization of local customs, including norms of civil, family, inheritance, and criminal law. 2. In England, the main source of law, starting from the 12th century. became a legal precedent. From that time on, court decisions that came into force began to be recorded here in special books - scrolls of litigation. 3. One of the legal sources in England was legal doctrine: treatises of famous English lawyers on legal issues. 4. Starting from the 14th century. In connection with the revival of law-making by the head of state, royal law is developing. Norms and rules contained in the antes of royal power (ordinances, proclamations). 5. Since the Roman Catholic Church and its head were the subjects of lawmaking, then personally highlight such a source of law as church codes, which contained the norms of Canonical (church law).

10. Rules of the legislative process used when signing and publishing laws.

Signing a Federal Law is an official certification (signature) by the President of the Russian Federation of federal laws adopted by the State Duma and approved by the Federation Council. P. f.z. is a condition of its publication. In accordance with the Constitution of the Russian Federation, after the Federation Council approves a federal law, the latter is sent to the President of the Russian Federation for signing within 5 days. Those federal laws adopted by the State Duma that were not considered by the Federation Council within 14 days are also sent to the President. Associated with the constitutional authority to sign a federal law is the right of the President of the Russian Federation to veto a law adopted by the Federal Assembly.

Publication of the Federal Law - publication of laws in official government publications, a necessary condition for giving the adopted laws legal force. Thus, on the territory of the Russian Federation only those federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly that are officially published are applied. The date of adoption of a federal constitutional law is the day when it is approved by the chambers of the Federal Assembly in the manner established by the Constitution of the Russian Federation.

In accordance with the Federal Law “On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly,” federal constitutional laws and federal laws are subject to official publication within 7 days after they are signed by the President of the Russian Federation. Acts of the chambers of the Federal Assembly are published no later than 10 days after the day of their adoption. International treaties of the Russian Federation ratified by the Federal Assembly are published simultaneously with federal laws on their ratification.

Federal constitutional laws, federal laws are sent for official publication by the President of the Russian Federation. Acts of the chambers of the Federal Assembly are sent for official publication by the chairman of the relevant chamber or his deputy. Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly may be published in other printed publications, as well as brought to public attention (promulgated) on television and radio, sent to government bodies, officials, enterprises, institutions, organizations, transmitted by communication channels, distributed in machine-readable form. Laws, acts of the chambers of the Federal Assembly and other documents may also be published in the form of a separate publication.

12. Regulation of the legislative process in the Russian Federation.

In the Russian Federation, the legislative process is regulated by:

Constitution of the Russian Federation of 1993 (Articles 71-73, 83-85, 102-105, 108, 134-137);

Federal Law “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”;

Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation. Collection of legislation of the Russian Federation;

Regulations of the Federation Council of the Federal Assembly of the Russian Federation. Collection of legislation of the Russian Federation.

The adoption of laws in a special manner or the adoption of individual special laws is also regulated by:

Federal constitutional law “On the referendum of the Russian Federation”;

Federal Law “On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation”;

Federal Law “On International Treaties of the Russian Federation”;

Budget Code of the Russian Federation.

A special role in regulating the legislative process belongs to the decisions of the Constitutional Court of the Russian Federation on the interpretation of the provisions of the 1993 Constitution of the Russian Federation relating to legislative procedures. For example, based on the revealed uncertainty in the understanding of the provisions of Article 107 of the 1993 Constitution of the Russian Federation related to the concept of “adopted federal law,” the Constitutional Court of the Russian Federation considered the case on the interpretation of certain provisions of Article 107 of the 1993 Constitution of the Russian Federation and ruled:

"1. The term “adopted federal law” within the meaning of Part 1 of Article 107 of the Constitution of the Russian Federation means:

laws adopted by the State Duma and approved by the Federation Council in accordance with parts 1, 2, 3 and 4 of Article 105 of the Constitution of the Russian Federation;

laws re-adopted by the State Duma in accordance with Part 5 of Article 105 of the Constitution of the Russian Federation;

laws approved by the State Duma and the Federation Council in accordance with Part 3 of Article 107 of the Constitution of the Russian Federation.”

13. Technique for developing the Complete Collection of Russian Laws and compiling the Code of Laws of the Russian Empire.

After Cathedral Code 1649, a new codification of Russian legislation was realized only under Nicholas I, who on January 31, 1826 transformed the commission for drafting laws into the II department of his chancellery and again attracted Speransky to this work. On January 19, 1833, at a meeting of the State Council dedicated to the completion of codification, Nicholas I explained his attitude to this matter as follows: “Instead of writing new laws, I ordered to first completely collect and put in order those that already exist, and the very thing, according to him importance, take me under my direct leadership.” In fact, the entire matter of codification was led by Speransky.

The first result of the work of the II department was the publication of the Complete Collection of Laws of the Russian Empire in 1830, which contains in chronological order all the laws, starting from the Council Code 1 until December 25, 1825. It is called the first and contains acts included in 45 volumes. The second collection, published in separate volumes as the material accumulated, covers the reigns of Nicholas I and Alexander II. On March 1, 1881, the third collection began to be published. This was a grandiose streamlining work that corresponded to the requirements of the scientific principles of legislative technology and science, which were not yet formulated. At that time, this was seen as preparatory work for the creation of a code of laws. Another preparatory work was the collection of current (the collection also included repealed) legislation according to sections of division, i.e., according to its branches. Such historical codes included all current laws in this industry, regardless of the time of their publication.

As a result of processing these historical codes, by 1833, 15 volumes of the Code of Laws of the Russian Empire were prepared, which were recognized by the State Council as the only valid legislation of the country. The Code was introduced into legal force on January 1, 1835. The first edition of the Code is considered to be the edition of 1832, followed by the editions of 1842, 1857, etc. “Between editions, continuation volumes were published, which included laws published after the corresponding publication of the Code.The system of the Code consisted of the very first division into state and civil laws, which corresponded to the division of law into public and private.43 In 1893, another 16th volume was added to the Code, which included procedural laws, i.e. judicial statutes of 1864

In itself, such a large codification work testified to the development of legislative technology, but one example can show how it was improved. In the 1832 edition, a continuous numbering of articles in each volume was adopted, regardless of the number of acts included in the volume. This turned out to be inconvenient when acts began to be published in separate editions, and in the 1842 edition of the Code, continuous numbering was carried out for each act separately. We also note the appearance of alphabetical, chronological and comparative indexes to the Code, which was a novelty in legislative technology44.

14. Submission of bills to the State Duma.

The right of legislative initiative is the ability to submit bills, i.e., preliminary texts of laws, to the legislative body. Corresponding to him is the duty of the legislative body to discuss the issue of accepting such bills for consideration.

According to Article 104 (Part 1) of the Constitution of the Russian Federation, the right of legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, and legislative (representative) bodies of the constituent entities of the Russian Federation. The right of legislative initiative also belongs to the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on issues within their jurisdiction.

State and public bodies that do not have the right of legislative initiative, as well as individual citizens, have the opportunity to introduce their own initiative bills only through entities endowed with this right.

According to Part 2 of Art. 104 bills are being submitted to the State Duma. The initiator of the bill submits its text to the Duma in writing. According to the Rules of Procedure of the State Duma, the introduced draft law is registered with the Duma Secretariat and submitted for preliminary consideration to one or more committees. Advance distribution of the bill to Duma deputies is ensured. The completion of the stage of legislative initiative is the inclusion in the agenda of the next meeting of the State Duma of a decision on the issue of continuing work on the bill or its rejection. Of particular importance in the activities of the State Duma is the consideration of bills on federal taxes and some other financial issues.

This is clearly shown in the order in which they are added. If there is an opinion from the Government of the Russian Federation, the following bills are submitted to the State Duma: on the introduction or abolition of taxes; exemption from their payment; on the issuance of government loans; on changes in the financial obligations of the state; other bills providing for expenses covered by the federal budget, for example, projects on gratuitous financing expenses for various purposes, establishing any benefits for citizens, enterprises and organizations that involve covering them from the federal budget, etc.

15. Features of legislative technology in the Soviet period.

Legislative technology, being one of the components of lawmaking, cannot be characterized as an absolutely formal activity that does not depend on the influence of a specific historical period. The form of the law, as a rule, correlates with its content.

The most typical method for legislative technology of the Soviet period was the reproduction of normative regulations. It was used quite often and consisted of placing in a legal act regulatory requirements included in previously adopted legislative acts. Republican bodies reproduced in the acts they issued certain normative provisions of all-Union legislation, supplementing and developing them in accordance with their competence.

The bulk of articles, especially in codified legislative acts, consisted of two or more parts. To construct them, the technique of connection (union) has always been used in the following various forms.

The combination in one article of all regulations relating to a particular institution of legislation can be observed in Art. 7 (on the protection of honor and dignity) of the Civil Code of the RSFSR, consisting of three parts. The combination of all normative provisions relating to any one issue related to a certain institution of legislation was widely used in the construction of articles of the Constitution of the USSR of 1936, Art. 118 (on the right of citizens to work. Combination in one article general position with special it was characteristic of the articles of the special part of the Criminal Code of the RSFSR (Articles 154, 163, etc.). The combination of normative provisions with non-normative ones in one article was widely used in by-law rule-making, but was not found in legislative acts.

A unique type of connection was also considered to be the combination of all normative provisions of criminal legislation in one codified act - the criminal republican code.

The opposite of the connection method is the crushing method, which was also used in rule-making, and in particular in legislative practice. It is used whenever the volume of normative regulations relating to one narrow issue is so large that it cannot be contained in one part of the article or in one article.

Along with the listed methods of legislative technique, which were intensively used in Soviet law-making, special mention should be made of the allocation of a general part in codified normative acts.

16. Adoption of laws by the State Duma.

The procedure for the adoption of a federal law by the State Duma in accordance with its Rules of Procedure is carried out in three readings, unless otherwise provided by the current legislation or the Rules of Procedure.

So, for example, according to Art. 196 of the Budget Code of the Russian Federation, the State Duma is considering the draft federal law on the federal budget for the next financial year in four readings.

During the first reading, its concept is discussed, an assessment is made of the compliance of the main provisions of the bill with the Constitution of the Russian Federation, its relevance and practical significance. After the end of the discussion of the bill, a proposal to adopt the bill in the first reading is put to a vote. The bill is considered adopted in the first reading if more than half of the total number of deputies voted for it during the final vote.

After the committee again submits the revised draft law to the chamber, taking into account the comments and proposals made by deputies during the first reading, its second reading is held at a plenary session. At this stage, there is a detailed article-by-article discussion of the bill, each of its articles and amendments made by deputies (changes and additions proposed to the original text). At the end of voting on the amendments, the presiding officer puts to a vote the proposal to adopt the bill in the second reading. If, based on the voting results, such a proposal does not receive the required number of votes, the bill is returned to the responsible committee for revision.

The final stage is the third reading of the bill, during which no amendments are allowed. The third reading consists only of voting for or against the bill as a whole. From the moment of adoption by the State Duma, the bill becomes a federal law. This is not yet a valid federal law, but it is no longer a bill, but an act adopted by the chamber, submitted for consideration by the other chamber.

A federal law adopted by the State Duma is submitted within five days to the Federation Council for further consideration.

17. The essence and concept of the concept of law.

According to the opinion, the concept of law is “analytical normative model with options for legal behavior, with the approximate structure of the act, its connections with other acts, possible consequences and assessment of the effectiveness of the action.”

According to the Government of the Russian Federation, the concept of the bill should define: 1) the main idea of ​​the bill; 2) the goals of the bill; 3) subject of legal regulation; 4) the circle of persons to whom the bill applies; 5) new rights and obligations of the above-mentioned persons, including taking into account previously existing ones; 6) the place of the future law in the system of current legislation; 7) an indication of the branch of legislation to which the bill relates; 8) an indication of the provisions of the Constitution of the Russian Federation, federal constitutional laws and system-forming laws of the Russian Federation, the implementation of which this bill is aimed at; 9) the significance that the bill will have for the legal system; 10) general characteristics and assessment of the state of legal regulation of relevant social relations with the application of an analysis of laws and other regulatory legal acts in force in this area; 11) indication of gaps and contradictions in the current legislation, the presence of outdated rules of law that have actually lost force, as well as ineffective provisions that do not have a proper implementation mechanism; 12) rational and most effective ways to eliminate existing shortcomings of legal regulation; 13) analysis of relevant Russian and foreign law enforcement practice; 14) results of statistical, sociological and political science research; 15) socio-economic, political, legal and other consequences of the implementation of the future law.

1. The concept of a law is the intention of the legislator embodied in it, which includes a goal - the solution of a certain socially significant problem, as well as the method (methods) of achieving this goal - relevant legislative decisions (establishing rights, obligations, prohibitions, approving budget expenditures, establishing state institutions, etc.).

2. The structural elements of the concept of law, drawn up in the form of a document, should include:

1) the name of the concept, which includes the name of the future law and, thus, indicates the subject of the future legal regulation; 2) an indication of the author (authors) of this concept, because behind a concept, the author of which is unknown, its unscrupulous creators may be hiding, that is, acting contrary to the public interests; 3) a preamble, which contains the rationale for this concept and, possibly, the type and structure of the future law; 4) the substantive part of the concept, which sets out the goals of the law and ways to achieve them.

3. Along with the concept of law, we can talk about the conceptual provisions of the law and, therefore, the existence of the concept of an article of law and the concept of a separate norm of law. Because the law itself, as was shown by the example of setting the day of elections to the State Duma, can consist of one article, which can contain only one norm.

4. To ensure the high quality of the concept of the future law and, accordingly, the quality of this law itself, when developing the concept of the law, it is necessary to use special, scientifically based and practice-tested rules.

18. Approval of laws by the Federation Council.

Based on the results of the discussion of the federal law adopted by the State Duma, the Federation Council makes one of the following decisions: a) approve the federal law adopted by the State Duma; b) reject the federal law adopted by the State Duma.

A federal law is considered approved if more than half of the total number of members of the Federation Council votes for its approval. The decision to approve a federal law is formalized by a resolution of the Federation Council.

Based on the results of consideration of a federal law adopted by the State Duma, which, in accordance with Article 106 of the Constitution of the Russian Federation, is subject to mandatory consideration in the Federation Council, the presiding officer puts to a vote the question of approving the federal law. In case of insufficient preparation of the issue of consideration of the specified federal law, in particular the absence of a transcript of the meeting of the State Duma, documents and materials that were presented when introducing the bill to the State Duma, the conclusion of the Government of the Russian Federation specified in part 4 of Article 103 of these Rules of Procedure, the chamber has the right to adopt decision to postpone the issue of consideration of the federal law to the next meeting of the Federation Council. This decision is made by a majority vote of the members of the Federation Council who took part in the voting, but by no less than one quarter of the votes of the total number of members of the Federation Council. If this decision is not made, the presiding officer is obliged to put the question of approving the federal law to a vote.

If the fourteen-day period for consideration of a federal law that is not subject to mandatory consideration by the Federation Council expires before the next meeting of the Federation Council, then the Council of the Chamber has the right to make one of the following decisions:

a) instruct the Chairman of the Federation Council to send to the President of the Russian Federation for signing and promulgation a federal law considered approved by the Federation Council in accordance with Part 4 of Article 105 of the Constitution of the Russian Federation;

b) instruct the Chairman of the Federation Council to convene an extraordinary meeting of the Federation Council to consider the federal law on which the committees and commissions of the Federation Council have comments.

The federal law and resolution of the Federation Council adopted by the State Duma and approved by the Federation Council are sent to the President of the Russian Federation for signing and official publication within five days from the date of adoption of the resolution by the Chairman of the Federation Council. The resolution of the Federation Council on the approval of the federal law is also sent to the State Duma.

19. Rules for organizing work on the concept of law.

Not only the adoption of laws, but also the development of their concepts requires certain rules aimed at ensuring the quality of the laws adopted.

As for the official rules for developing the concept of the law, they are contained in the “Methodological rules for organizing legislative work of federal executive bodies.” It follows from this document that when developing the concept of a bill, it is necessary to: – attract highly qualified specialists with the necessary knowledge of current legislation and the practice of its application; – attraction of research organizations; – study, generalization and analysis of economic, sociological, statistical information, carrying out the necessary calculations, taking into account foreign experience; – a thorough analysis of the current legislation in this area of ​​legal regulation, clarification of the reasons for the lack of effectiveness of existing legal mechanisms (if any), identification of gaps in the legislation, outdated regulations or the presence of a plurality of acts regulating similar legal relations; the specificity of the arguments indicating the need to adopt the law.

Rules related to the organization of work on the concept of the law: 1) creation of a competent group of developers of the concept of the law; 2) setting tasks for the group of developers of the concept of the law; 3) setting the optimal deadline for developing the concept of the law; 4) clarification of the problem that is proposed to be solved by the adoption of the law; 5) clarifying the boundaries of the existing problem; 6) determining the purpose of the law; 7) identifying the causes of the existing problem; 8) choosing a way to solve the existing problem; 9) publication of the chosen method of solving the existing problem; 10) conducting an independent examination of the concept of the law; 11) approval (approval) of the concept of the law; 12) determining the optimal place of the future law in the system of current legislation.

20. Signing and promulgation of laws by the President of the Russian Federation.

The rule of signing and promulgating an adopted federal law by the President of the Russian Federation, based on global experience in the relationship between parliament and the head of state in the process of creating laws, is one of the forms of participation of the President in legislative activity and the final stage of the legislative process.

If the Federation Council approves a federal law adopted by the State Duma, it is sent by the Federation Council to the President within five days for signing and promulgation. If a federal law adopted by the Duma has not been considered by the Federation Council, then after 14 days from the moment it was sent to the Federation Council, the State Duma sends the law to the President for signing and promulgation.

The fourteen-day period for signing the adopted federal law is necessary so that the President can carefully familiarize himself with its contents, involving, if necessary, scientists and specialists, analyze the need and timeliness of its publication and make a decision to sign, thereby giving the law binding force, or to reject it, thereby so that the State Duma and the Federation Council once again carefully consider passed law and took into account the President’s comments and suggestions.
After signing by the President of the Russian Federation, the law must be published within seven days in the prescribed manner. The publication of a law in the “Collection of Legislation of the Russian Federation” and in “ Rossiyskaya newspaper" When publishing a law in these publications, its full name, the date of signing are indicated, and the full text of the law is given, which is an exact copy of the original and signed by the President. Federal laws may also be published in other printed publications, made public on television, radio, transmitted via communication channels, sent out government agencies and public associations.

Recognition of the principle of supremacy for federal constitutional laws is also expressed in the fact that, having been adopted by the chambers of the Federal Assembly, they, like adopted amendments to the Constitution, cannot be rejected by the President and returned to parliament for a new consideration, which is possible in relation to federal laws. The Constitution obliges the President of the Russian Federation, regardless of whether he has objections to the adopted constitutional law or not, to sign it in the wording in which it was adopted by the chambers of the Federal Assembly and to publish it. Signing and publication must be made no later than 14 days. The promulgation of a constitutional law is carried out by publishing it in the same official publications where federal laws are published.

21. Rules for developing the concept of the law.

As for the official rules for developing the concept of the law, they are contained in the “Methodological rules for organizing legislative work of federal executive bodies”, approved by joint Order of the Ministry of Justice of the Russian Federation No. 3, the Institute of Legislation and Comparative Law under the Government of the Russian Federation No. 51 of 01.01.2001. It follows from this document that when developing the concept of a bill, the following is necessary:

Attracting highly qualified specialists with the necessary knowledge of current legislation and the practice of its application;

Involvement of research organizations;

Study, generalization and analysis of economic, sociological, statistical information, carrying out the necessary calculations, taking into account foreign experience;

A thorough analysis of the current legislation in this area of ​​legal regulation, clarification of the reasons for the lack of effectiveness of existing legal mechanisms (if any), identification of gaps in the legislation, outdated regulations or the presence of a plurality of acts regulating similar legal relations; the specificity of the arguments indicating the need to adopt the law.

Rules related directly to the concept of law include:

Logicality of the law;

Compliance of the law with the interests of participants in legal relations;

Compliance of the law with the cultural level of the participants in legal relations;

Compliance of the law with the material capabilities of the legislator;

Compliance of the law with the capabilities of executive authorities to implement it;

Certainty of the prospects for the operation of the law;

Compliance of the concept of law with the concepts of laws that have higher legal force;

The absence of provisions in the law that can be used contrary to public interests.

Compliance with the above rules for developing the concept of a law is impossible without the presence of special persons (bodies) authorized to conduct a conceptual examination of the bill. After all, not all subjects of the law of legislative initiative have enough strength and means, and sometimes even the desire, to independently thoroughly develop the concepts of their laws. This function could be taken over by one of the divisions of the parliamentary apparatus, as well as the recently created Public Chamber of the Russian Federation.

22. Rejection of laws by the Federation Council.

Rejection of the federal constitutional law approved by the State Duma

1. A resolution of the Federation Council on the rejection of a federal constitutional law approved by the State Duma may contain:

a) a list of sections, chapters, articles, as well as parts, clauses of articles and other structural units of this federal constitutional law on which it is necessary to overcome the disagreements that have arisen between the Federation Council and the State Duma;

b) justification for the decision to reject the federal constitutional law;

c) a proposal to the State Duma to agree on a method and procedure for overcoming disagreements that have arisen.

2. A resolution of the Federation Council on the rejection of a federal constitutional law approved by the State Duma may contain the wording of sections, chapters, articles, as well as parts, paragraphs of articles and other structural units of the federal constitutional law proposed by the Federation Council, on which it is necessary to overcome the disagreements that have arisen between the Federation Council and the State Duma. Duma.

3. The resolution of the Federation Council on the rejection of the federal constitutional law approved by the State Duma, together with the federal constitutional law, is sent to the State Duma within five days from the date of adoption of the resolution.

23. The concept and features of the “language of the law”.

The language of the law is a system of terms used in formulating the texts of legal acts.

This rule of legislative technique prescribes:

The text of the law is stated in the corresponding state language;

The text of the law should not reflect the writing style and emotions of the author; it should be presented in a universal official style, characteristic equally for all laws;

Actions (events) provided for by law are stated mainly in the present tense from a third person, for example, “carries out”, “directs”, “signs” (“carries out”, “is directed”, “is signed”), while it is preferable to use the active, rather than passive voice;

The use of the latter may have been the reason for the lack of complete clarity in some norms of the Constitution of the Russian Federation who is the subject of the proposed actions, for example, in one of the norms it is not entirely clear who decides on the method of adopting the Constitution: “The Constitutional Assembly is developing a draft of a new Constitution of the Russian Federation , which is adopted by the Constitutional Assembly... or submitted to a popular vote” (Part 3 of Article 135);

the text of the law should not contain verbs in imperative mood(“do”, “carry out”, “carry out”);

The norms of the law should not be stated in the form of an order (“implement”, “recommend”, “instruct”, “offer”), which is characteristic of a decree, order, resolution, or other administrative document;

the text of the law should not contain outdated, jargon (“money laundering”), narrowly professional (“law enforcement officer”, “university”), colloquial (“generally”, “as a rule”), figurative (“hot pursuit”) words and expressions;

Variations of generally accepted words in the text of the law are reduced to a minimum, for example, of the three words “country”, “power”, “state” only the last is used, as is the case with the words “army”, “army”, “armed forces”.

The stated rule of legislative technique is fundamental, since it can combine many of the other rules that are set out below.

24. Rejection of laws by the President of the Russian Federation.

According to Art. 107 of the Constitution of the Russian Federation: The President of the Russian Federation, within fourteen days, signs a federal law and promulgates it. If the President of the Russian Federation rejects it within fourteen days from the date of receipt of the federal law, then the State Duma and the Federation Council will again consider this law in accordance with the procedure established by the Constitution of the Russian Federation. If, upon re-examination, the federal law is approved in the previously adopted wording by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it is subject to signing by the President of the Russian Federation within seven days and promulgation. This is the so-called right of suspensive veto. If, upon re-examination, the Federal Law is approved in the previously adopted wording by a majority of at least 2/3 votes of the total number of members of the Federation Council of state deputies. Duma, it must be signed by the President of the Russian Federation within 7 days and made public. Federal Laws laws that are not subject to a suspensive veto are Federal Laws related to the ratification of international treaties and agreements of the Russian Federation, Federal Laws on the Federal Law. budget of the Russian Federation, Federal Law on technical regulations

25. Structure of the law.

The main structural unit of the law is an article, which contains one or more norms. The article has a serial number and may consist of paragraphs called parts, as well as paragraphs and subparagraphs (having digital or letter designations), while the latter may contain paragraphs.

At first glance, the rule in question seems simple, but there is also confusion in it. For example, despite the fact that the articles of the Constitution of the Russian Federation are clearly divided into paragraphs (1, 2, etc.), these paragraphs are called parts.

In a voluminous law, articles can be grouped into chapters, and in a very voluminous law, in addition, into sections.

Codes may consist of a general part containing rules relating to all similar cases provided for by law, and a special part containing rules relating to individual cases.

Articles, chapters and sections may have titles that should be extremely brief and most accurately reflect the essence of the regulatory material accompanying them. By the way, this rule also applies to the name of the law.

The rules relating to the structure of the article include the following. The paragraphs of the article, the essence of which are the listed subjects, their rights, obligations, etc., or objects, their functions, characteristics, etc., must begin with homogeneous parts of speech (nouns, verbs, adjectives, etc.), which are certainly stated in one case. For example, in the Constitution of Russia, Article 114 correctly lists the powers of the Government of the Russian Federation (“develops ...”, “provides ...”, “implements ...”), as well as in Article 102 - issues falling under the jurisdiction of the Federation Council (“approval...”, “decision...”, “appointment...”, “removal...”), but Article 83 incorrectly lists the powers of the President of the Russian Federation (“appoints...”, “accepts ...", represents...", "forms...", "at the suggestion...").

The normative material of the law may be preceded by a preamble (introduction), which does not contain legal norms, but may contain a brief description of law, motives and purposes of its adoption. The most practical thing is to state the purpose of the law, which will allow its effectiveness to be assessed over time.

26. Conciliation procedures in the legislative process of the Russian Federation.

In fact, the conciliation procedure in the federal legislative process is directly provided for by Part 4 of Article 105 of the Constitution: “If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to re-examination by the State Duma.”

Of fundamental importance is the provision of Part 1 of Article 120 of the Rules of the State Duma that when considered by the chamber “only the proposals contained in the protocol of the conciliation commission are discussed, and no other amendments are considered.

The effectiveness of the work of conciliation commissions is characterized by the fact that the commissions completed their work on 36 laws by preparing a single text.

I think that for the majority of legislative bodies of the constituent entities of the Federation, the practice of conducting conciliation procedures in the event of rejection of federal laws by the President of the Russian Federation is of greatest interest. The Constitution of the Russian Federation does not provide for such conciliation procedures.

In this case, according to the constitutional provisions and Article 124 of the Rules of the State Duma, only 3 possibilities are provided for the chamber: based on the results of consideration of the rejected law within 10 days, the responsible committee or a specially created commission of the chamber can recommend to the State Duma or approve the federal law in the wording proposed by the President , either agree with his proposal about the inexpediency of adopting this law, or approve the law in the version previously adopted by the Duma.

Meanwhile, the President’s letters about the rejection of a particular law may indicate only the fundamental grounds for rejecting the law and lack specific wording, or the responsible Duma committee may not agree with all of these wordings, without objecting in principle to changes in other articles. In this case, the conciliation procedure is the most promising.

27. Rules for writing the text of the law.

The technique of writing the text of a law, as an integral part of legislative technology, facilitates and speeds up the work of the legislator, while the law becomes compact, understandable and easy to use. The ultimate goals of using the technique of writing the text of the law are: perfection of the structure and form of the law; accessibility and visibility of the normative material contained in the law; exact compliance of the norms of the law with the intention of the legislator; full settlement of relations that are the subject of law.

These rules, contained in various variations in the works of a number of the above-mentioned authors, are most fully generalized and to some extent clarified by the author of the dissertation:

Compliance of the text of the law with the “language of the law”;

The structure of the law according to the rules adopted in legislation;

Absence of norms in the law that are not related to the subject of the law;

Logical sequence of presentation of the law;

Absence of non-normative material in the law;

Completeness of legal regulation;

Unification of terms used in the law;

Inadmissibility of ambiguity in legal norms;

Compliance of the text of the law with the rules of linguistics;

Clarity (or accessibility) of the law;

Conciseness of the text of the law;

Absence of “duplicate norms” in the law;

Logicality of the text of the law;

Consistency of legal norms.

28. Features of the adoption of laws in the Russian Federation: on an amendment to the Constitution of the Russian Federation, the federal constitutional law, on the ratification of an international treaty, on the federal budget.

Features of the adoption of the federal constitutional law

The Constitution of the Russian Federation, regulating the procedure for introducing amendments to the Constitution of the Russian Federation, determines in Article 136 that amendments to Chapters 3 - 8 of the Constitution of the Russian Federation are adopted in the manner prescribed for the adoption of a federal constitutional law, and come into force after their approval by the legislative authorities not less than two thirds of the constituent entities of the Russian Federation.

The procedure for the adoption of a federal constitutional law is established by Article 108 (Part 2) of the Constitution of the Russian Federation, which establishes the need for approval of such a law by a majority of at least three-quarters of the votes 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 adopted federal constitutional law must be signed by the President of the Russian Federation and promulgated within fourteen days.

The range of subjects entitled to submit proposals for amendments to the Constitution of the Russian Federation, established by Article 134 of the Constitution of the Russian Federation, does not coincide with the range of subjects of the right of legislative initiative, established by Article 104 of the Constitution of the Russian Federation. Secondly, according to Article 136 of the Constitution of the Russian Federation, for amendments to enter into force, their approval by the legislative authorities of at least two thirds of the constituent entities of the Russian Federation is required.

Federal constitutional laws occupy a special place in Russian legislation. The Constitution clearly defines the range of issues on which federal constitutional laws are adopted, giving an exhaustive list of them. These are laws: on the conditions and procedure for introducing a state of emergency on the territory of the Russian Federation or in its individual localities (Articles 56 and 88); on the admission to the Russian Federation and the formation of a new subject within it, as well as on changing the constitutional and legal status of the Federation (Articles 65, 66 and 137); on the state flag, coat of arms and anthem of the Russian Federation, their description and procedure for official use (Article 70); on the referendum (Article 84) etc. Federal constitutional laws are adopted by the so-called qualified majority in each chamber of the Federal Assembly. This means that a constitutional law is considered adopted only after at least ¾ of the total number of members of the Federation Council and at least ⅔ of the total number of deputies of the State Duma have voted for it, while a simple majority is sufficient for the adoption of federal laws.

International treaties, decisions to sign which were made by the President of the Russian Federation, are submitted to the State Duma of the Federal Assembly of the Russian Federation for ratification by the President of the Russian Federation. The State Duma considers proposals for ratification of international treaties and, after preliminary discussion in committees and commissions of the State Duma, makes appropriate decisions. Federal laws adopted by the State Duma on the ratification of international treaties of the Russian Federation are subject, in accordance with the Constitution of the Russian Federation, to mandatory consideration in the Federation Council. The federal law on the ratification of an international treaty of the Russian Federation adopted by the Federal Assembly of the Russian Federation is sent in accordance with the Constitution of the Russian Federation to the President of the Russian Federation for signing and promulgation. On the basis of the federal law on the ratification of an international treaty of the Russian Federation, the President of the Russian Federation signs a document of ratification, which is sealed with his seal and signed by the Minister of Foreign Affairs of the Russian Federation.

About the federal budget. Having received the draft budgets from the financial authorities, the executive authorities review and, if necessary, make amendments and additions. After studying these documents and working with them, the Government submits to the State Duma of the Federal Assembly of the Russian Federation a draft federal law on the federal budget for the planned year. The consideration of received materials on the draft budget in the State Duma committees is carried out by deputies together with economists, scientists, representatives of ministries, departments, and territorial executive authorities invited for this work, who prepare conclusions on sections of the draft budget and make proposals on income and expenses. After consideration of the draft budget in committees, it, with comments and suggestions from deputies, is submitted for discussion to the State Duma, which can discuss it in four readings.

Based on the results of consideration of the draft federal law on the federal budget in the first reading, a resolution of the State Duma of the Federal Assembly of the Russian Federation “On the adoption of the draft federal law on the federal budget for the next financial year in the first reading” is adopted. When considering the bill in the third reading, the State Duma considers federal budget expenditures by subsections of the functional classification. The State Duma considers the draft federal law on the federal budget in the fourth reading within 15 days from the date of adoption of the bill in the third reading. When considering a bill in the fourth reading, amendments to the bill are considered, as well as the quarterly distribution of revenues, expenses and the federal budget deficit.

29. Terminology of the law.

Term-word, phrase. When any word is removed from a term - phrase - the term loses its meaning.

Requirements: unity of terminology, stylistic neutrality, universal recognition of the term, stability, correctness,

euphony, use of the term in its primary meaning, positivity of the term. May contain definitions (definitions of the term).

30. Adoption of the law in a referendum of the Russian Federation.

A draft normative act or question is submitted to a referendum, the mandatory submission of which to a referendum is provided for by an international treaty of the Russian Federation. The initiative to hold a referendum belongs to:

1) to at least two million citizens of the Russian Federation; 2) to the Constitutional Assembly - in the case provided for by Part 3 of Article 135 of the Constitution of the Russian Federation; 3) federal government bodies - in cases provided for by an international treaty of the Russian Federation and this Federal Constitutional Law.

The ballot reproduces the text of the referendum question(s) and indicates the options for expressing the will of the referendum participant with the words “For” or “Against.” The precinct commission draws up a protocol on the voting results at the corresponding referendum precinct.

The voting results for each referendum precinct, each territory, each subject of the Russian Federation in the amount of data contained in the protocols of the relevant referendum commissions and directly lower referendum commissions on the voting results are provided for review by any referendum participants, foreign (international) observers, and representatives of the media at their request, immediately after the signing of the protocols on the voting results, on the results of the referendum by members of the referendum commission that received such a request. The specified data is provided by the relevant referendum commission.

The official publication of the referendum results is carried out by the Central Election Commission of the Russian Federation within three days from the date it signs the protocol on the referendum results. At the same time, the Central Election Commission of the Russian Federation publishes the data contained in the protocol on the results of the referendum.

Within ten days from the date of signing by the Central Election Commission of the Russian Federation of the protocol on the results of the referendum, the Central Election Commission of the Russian Federation in its official publication publishes the complete data contained in the protocols of all election commissions of the constituent entities of the Russian Federation on the voting results.

The decision made at the referendum comes into force on the day of the official publication of the results of the referendum by the Central Election Commission of the Russian Federation. The decision made at the referendum is generally binding and does not require additional approval.

31. Methods of presenting legal norms.

Depending on the nature of the legal norms:

1) Entitlement - norms giving the right to something in accordance with the law.

2)Binding

3) Evaluators...

Not “can”, but “has the right”, etc.

Depending on the generality:

1)abstract

2)casuistic

Depending on completeness:

1) complete and incomplete (with references). Articles can be referenced or blanket.

32. Examination of a bill: concept, principles, types.

Expertise- research (legal, managerial, etc.) in order to clarify the circumstances that are important for making a decision. Conducted by decision of the authority, by persons who have a definition. qualification in accordance with the procedure (methodology).

Types of examinations:

1)Depending on the tasks:

A) Factual - establishing unknown facts of circumstances

B) Identification - identity or difference of objects

C) Evaluative - in accordance with specified conditions.

D) Predictive - the consequences of the action and use of the law.

2)Depending on specialization:

A) Technical

B) Archaeological

B) Art history

D) Medical

Principles:

1) Obligation

2) Comprehensiveness

3) Competence

4) organizational and material security

5) disinterest

6) Independence

7) Encouraging experts

8)responsibility

9) the obligation to make indisputable conclusions

All these principles ensure the main principle of the examination of bills - objectivity.

At each stage of the examination of bills, an experiment may take place.

35. Details of the law.

The law has details (information required to be included in it), namely:

The name of the law (it is better when it indicates the type of normative act, its nationality and the scope of legal relations regulated by it, for example, the Federal Law “On Defense”);

A record indicating the date of adoption of the law (day, month, year);

A record indicating the date of approval of the law (if it was actually approved);

Signature of an official authorized to sign this law (for example, the President of the Russian Federation...);

A record indicating the date of signing of the law (day, month, year);

A record indicating the place where the law was signed (for example, Moscow, the Kremlin);

Serial number of the law (for example, 51-FZ or 2-FKZ).

33. Scope of the law.

Action of normative legal acts in space In addition to limiting the action of a normative legal act in time, there are generally accepted boundaries of its action in space, on a certain territory. In accordance with the principles of state sovereignty and territorial supremacy, regulatory legal acts issued by the highest authorities of a particular state are valid only on its territory. According to the territorial criterion, all regulatory legal acts are divided into acts whose effect extends to the entire territory of the state, acts which cover a certain part of it, and acts whose effect extends beyond the territory of the country.

The effect of a normative legal act in space can be territorial and extraterritorial. The territorial effect of a regulatory legal act is delineated by the territory of the state (Russia) or a separate region (Moscow) and is determined by state sovereignty. The extraterritorial effect of a normative legal act is regulated by international treaties and provides for the dissemination of the legislation of a given state beyond its territory.

Effect of regulatory legal acts on a circle of persons

The procedure for the operation of a normative legal act for a circle of persons is subject to a general rule: the law applies to all persons located in the territory of its operation and who are the subjects of the relations for which it is intended. Of great importance for state legal theory and practice is the determination of the effect of normative legal acts on a circle of persons, clarification of the question of who the instructions contained in these acts are addressed to.

Types of laws in effect by circle of persons: 1. General - designed for the entire population. A number of laws, primarily criminal, apply to citizens of the state regardless of their location (abroad); 2. Special - designed for a certain circle of people. Some laws apply to all individual and collective entities. Others - only for a specific category of persons (pensioners, military personnel, doctors, teachers, etc.). Their action in space and in a circle of persons does not coincide. 3. Exceptional - make exceptions from general and special. Heads of state and government, employees of diplomatic and consular missions, some other foreign citizens (crew members of warships, military personnel, etc.

34. Rules for conducting an examination of a bill.

Instructions to the Legal Department to conduct a legal examination of a draft federal law submitted to the State Duma are given only by the Council of the State Duma or the State Duma committee appointed responsible for the bill, and instructions to conduct a linguistic examination of the bill are given by the responsible committee.

The period for the Legal Department to carry out a legal examination of a bill is at least 2-3 weeks from the date of receipt of the order to conduct the examination.

Within the meaning of Article 112 of the Rules of the State Duma, the Legal Department, based on the results of the legal examination of the bill, must prepare an opinion on the bill, regardless of the presence or absence of comments of a legal and linguistic nature on the bill.

According to Article 119 of the Rules of the State Duma, after the adoption of a bill in the first reading, the State Duma, at the proposal of the responsible committee, may adopt a law, excluding the procedures of the second and third readings, if there is a conclusion from the Legal Department of the State Duma Apparatus, reflecting the results of legal and linguistic expertise.

The conclusion of the Legal Department on the bill is a mandatory document that the responsible committee, among other documents, must submit along with the bill to the Council of the State Duma in order to submit the bill for consideration by the State Duma in the first, second and third readings.

Employees of the Legal Department of the State Duma Apparatus who carried out the legal examination are, as a rule, invited to participate in a meeting of the responsible committee only if the conclusion of the Legal Department on the bill contains comments of a legal and linguistic nature that require clarification.

36. Examination of bills in the Russian Federation.

Scientific examination of a bill is a special study conducted by scientists and specialists on behalf of the subject of the law of legislative initiative in order to assess the quality of the bill and identify possible consequences its acceptance and action.

The scientific examination of the bill is intended to contribute to:

1) ensuring high quality, validity, legality and timeliness of draft laws; 2) creation of a scientifically based system of regulatory legal acts of the Kemerovo region; 3) identifying possible positive and negative legal, social, economic, environmental and other consequences of the adopted laws of the region.

Depending on the subject of research, specific tasks and applied scientific knowledge, scientific examination of bills can be legal, economic, financial, technical, environmental and other. If necessary, comprehensive (with the involvement of scientists and specialists from various fields of science) and highly specialized scientific examinations of the bill can be carried out.

At the final stage, experienced editors and linguists who are proficient in the terminology and conceptual apparatus of the legislation should be involved in working on the text of the bill.

The examination of the bill involves its assessment from the point of view of compliance with the Constitution of the Russian Federation (taking into account the interpretation of certain provisions of the Constitution given by the Constitutional Court), international treaties of the Russian Federation, federal constitutional laws, acts of legislation to which the legislator himself has given priority over other federal laws.

The bill must undergo a strict and impartial check in terms of compliance with the systematic nature of the legislation (this is especially important for acts introducing changes and additions to existing laws), compatibility and feasibility of the legal procedures provided for in it.

Finally, during the examination the form of the law and its structure must be assessed again.

37. Criteria for the quality of law.

In its most general form, the concept “quality of law” can be defined as a set of properties that are necessarily inherent in the law, characterizing it as a regulator of social relations.

The law also requires that it regulate the fundamental, most significant social relations. The quality of the law as a source of law is a necessary condition for the recognition of the rules of law contained in it as generally binding and valid rules of conduct. However, in order for the law to be truly perfect and ensure the real achievement of the goals set by legislators, it is necessary to fulfill one more condition - ensuring the proper quality of the rules of law enshrined in the law.

Russian legal scholars have thoroughly studied the properties that legal norms should have. Among them, such features as normativity, generally binding nature, completeness and specificity of legal regulation, representative and binding nature, clarity and accessibility of the language of the law, formal certainty, accuracy and certainty of terms and formulations, logical consistency of normative provisions of the law and the Constitution are most often distinguished. Russian Federation, efficiency, compliance of norms with the laws and needs of social development, legal and social efficiency, etc.

The criteria for the quality of law in terms of language are simplicity, brevity, clarity and accuracy,

The simplicity of the text of the law is characterized by direct word order (the subject is followed by the predicate), the absence of cumbersome constructions, and the moderate use of participial and adverbial phrases. The easier the text is to understand, the more likely it will be to execute.

The brevity of the law is characterized by the most concise presentation of its text, the absence of repetitions and lack of information. x combinations in its text. The criterion of brevity focuses the subject's attention on the essence of the law.

Clarity means that the text is understandable to the reader, which is ensured by the maximum permissible simplicity of the text, while one cannot refuse to use legal professionalism that is incomprehensible to part of the population. The clarity of the law contributes to the correct and complete identification of the information contained in it, and ensures the effectiveness of the regulatory provisions of the law.

Precision means “achieving the greatest possible correspondence between an idea, a thought, and the embodiment of that thought in a legislative formula.”

38. Quality of law.

Development and a kind of “jeweler polishing” of a draft law at all stages of its preparation and discussion is not an end in itself. Ultimately this should provide high quality legislative act, i.e. its compliance with all substantive criteria and formal legal requirements. After all, the concept of “quality of law” characterizes a set of properties and connections that any qualitatively perfect law should have and, accordingly, that must be given to it at the stage of designing lawmaking, therefore this concept occupies a central place among the problems of legislative technology. The quality of the law is a determinant of the tasks solved in the process of lawmaking, and at the same time a criterion for the effectiveness of prepared bills.

There have been two approaches to understanding the quality of the law. Some authors associate the quality of the law with its ability to correspond to economic and other social realities.

Another approach to the problem of the quality of law has been applied, which believes that the initial basis of this issue is the philosophical category of “quality”. This category reveals a set of universal characteristics that make up the quality of any phenomenon, process of nature, society or thinking, and thereby acts as a methodological basis for studying the quality of a specific phenomenon, in this case law3.

Thus, in the most general form, the concept “quality of law” can be defined as a set of properties that are necessarily inherent in the law, characterizing it as a regulator of social relations.

39. Legal and technical features of regulatory legal acts.

Legal technology is a set of principles, rules, means, techniques and methods for adequately expressing certain legal content in the form of the text of a legal act.

Legal acts are official-authority acts (of a normative and individual nature) having generally binding legal force - law-establishing and law-enforcement acts, as well as acts of official interpretation and systematization of the current law.

Unlike legal acts, which contain generally binding legal provisions, all other texts (theoretical or practical) on legal topics contain only certain legal judgments (judgments, statements about the law) that do not have legal force.

The principles, rules, techniques and methods of legal technology apply to all legal acts, but in relation to various types of legal acts (law-establishing, law-enforcement, law-interpretative or law-systematizing acts) they receive a specific refraction, due to the uniqueness of the legal content of the corresponding type of act, legal and technical features of the textual form of expression of this legal content, etc.

Thus, legal technology includes, in addition to legislative technology (and more broadly, law-establishing technology), also legal technology for the proper design of the normative and legal content of acts in the field of law enforcement, legal interpretation and systematization of law.

The basic requirements of legal technology can be formulated as the following provisions.

1. The rules of legal technology require that the textual design of all legal acts be subordinated to the maximum extent to the expression and presentation of their normative-legal properties and meanings, that is, that main thing in the content of various acts that determines their legal specificity, regulatory-legal meaning and legal force. 2. The textual form of the act, according to the requirements of legal technology, must express the specifics of legal regulation (and at the same time - legal interpretation, assessment, qualification, etc.) of social relations. 3. The textual design of a legal act must be carried out in accordance with the systemic nature of the law as a whole, with the place and significance of the normative and regulatory content expressed in it in the system of all current law. 4. The text of a legal act must be properly structured. 5. The requirements of legal technology related to the language of legal acts are essential.

40. Features of the rules of legislative technology abroad.

Studying the principles and techniques of legislative technology used in foreign countries allows a domestic lawyer, deputy, specialist, or expert to successfully solve a number of problems. Firstly, quickly and correctly search for the necessary foreign legislative acts using their official details. Secondly, to ensure a correct understanding of the general meaning of the law and the relationship of its norms. Thirdly, make a correct comparison of national and foreign legal norms.

Let's start with the construction of legal acts. Despite the obvious similarity of many constitutional institutions of European countries, their constitutions have a unique structure. For example, the Belgian Constitution consists of nine parts, indicated by Roman numerals, and each part has articles. Moreover, articles can either be divided or divided into paragraphs and other elements indicated by Arabic numerals.

The US Constitution is structured in a very unique way, in which, in addition to the preamble, there are articles marked with Roman numerals and Arabic numerals as their constituent parts. Moreover, the division of the text of sections does not have internal structuring.

In France, the administrative and some other codes are structured in a unique way, which contain both their own articles and norms, and norms “introduced” by other laws regulating this relationship. In this case, the article of the Code gives the exact designation of this law - its number and date of adoption.

As you can see, the differences in the structural construction of laws are quite noticeable, and they are explained both by the peculiarities of the design of normative material (including taking into account the effect of other laws in this area), and by the historical and legal traditions of a particular country.

In foreign countries, legislative norms are not structured or formalized in the same way. Brevity and laconism in some cases coexist with lengthy text in other cases.

Another thing is noticeable - acts of civil and criminal law differ in great similarity in the construction of laws and the formulation of legal norms due to the traditionally inherent accuracy of regulations. For example, there is a lot in common in the construction of the civil codes of France, Russia, Belarus and even Peru, and the criminal codes of Germany and France. Less overlap is observed in legislative acts in the areas of constitutional, administrative, labor and environmental law, where the flexibility of regulation dictates more specific methods and structural and normative forms.

And, of course, there are differences in the construction of laws generated by the peculiarities of national legal systems (“families” - in the terminology of Rene David). In the Anglo-American system, for example, there are many more norms-definitions and procedural norms, of which there are fewer in the acts of the countries of the continental system. The exception is Russia, where the obvious passion for definitions is fraught with many errors and legal conflicts.

The expansion of legal relations between parliaments and other state bodies, as well as the circle of users of legal information, required coordination and streamlining of actions in the field of legislative technology. An important step in this direction was the creation on December 13, 1991. European Association for the Advancement of Legislation, which was established in Bad Homburg (Germany)