Legal act- is a legal act issued or sanctioned by competent state bodies, possessing a state-authoritative character, having an official documentary form, containing mandatory rules of behavior and guaranteed by the coercive power of the state.

Depending on their legal force, regulations are divided into laws and regulations. A law is a normative legal act adopted in a special manner and having the highest legal force, expressing the state will on the most important issues of public life.

Types of laws in the Russian Federation:

• 1. Constitution of the Russian Federation
• 2. Federal constitutional laws
• 3. Federal laws
• 4. Laws of the subjects of the Russian Federation

Laws are basic and current. The basic laws include, first of all, the Constitution of the Russian Federation. The Constitution is the basic law of the state and society, regulating the most important aspects of their internal organization. Unlike other laws, the Constitution of the Russian Federation has the highest legal force: all other normative legal acts, including legislative ones, must not contradict constitutional provisions, and the laws themselves are adopted by those bodies and in the order that is established

Federal constitutional laws are those laws the adoption of which is provided for by the Constitution of the Russian Federation in a special, complicated manner. All other laws are called current. Among the mass of current laws, codes stand out - laws with the help of which legal norms in any particular branch of law are systematized. The totality of all existing laws is called legislation Russian Federation.

The laws are characterized by the following features:

• 1) are adopted only by the highest representative bodies of state power - the Federal Assembly of the Russian Federation or the parliaments of the constituent entities of the Russian Federation, in a special manner provided for by the Constitution of the Russian Federation, the constitution or charter of the constituent entity of the Russian Federation and the regulations of the relevant parliament;
• 2) regulate the most significant areas of social relations;
• 3) have the highest legal force: any other legal act issued not on the basis or in pursuance of the law, and especially not in accordance with or contrary to the law, is canceled in the prescribed manner;
• 4) have a special structure, consisting of a certain set of elements called details. The main details of the legislative act are:
  • - the name of the body that adopted the law;
  • - name of the law;
  • - number and date of adoption of the law;
  • - preamble, i.e. the introductory part, which indicates the motives, goals and objectives of the adoption of the law;
  • - regulatory content of the law;
  • - an indication of the entry into force of the law and the repeal of other legal acts that previously regulated these social relations;
  • - signature of the relevant official (for laws of the Russian Federation - the President of the Russian Federation).

Each law consists of separate statements called clauses. An article may contain either one or several rules of law or parts of rules of law. Articles have a serial number. An article may be divided into parts, and the parts are sometimes divided into paragraphs and paragraphs. In most laws, parts of an article are designated by serial numbers, and paragraphs by letters. Paragraphs do not have numbers and are counted from the beginning of the paragraph, part or article. For ease of use of the law, its articles are combined into chapters, chapters into paragraphs, and paragraphs into sections.

Regulations- these are law-making acts of the competent authorities that are based on the law and do not contradict it. By-laws have less legal force than laws and are designed to specify the fundamental provisions of laws in relation to various life situations. The system of by-laws of the Russian Federation is headed by decrees of the President of the Russian Federation. The decrees of the President of the Russian Federation should not contradict decrees of the Government of Russia, departmental acts (orders and instructions of ministries and departments), as well as acts of local executive authorities.

For the correct application of legal norms, it is necessary to be able to accurately determine the effect of a normative legal act containing these norms in time, space and among a number of persons.

Effect of regulations over time is determined by two points: the moment a normative legal act comes into force and the moment it loses legal force. A regulatory legal act comes into force either from the time of its adoption or from the time specified in the act itself. In most cases, the act itself indicates the moment of its entry into force: the exact calendar date from which this regulatory legal act begins to operate is determined. If a normative legal act does not specify the start date of its validity, then it comes into force upon the expiration of a certain period after publication. Official publication is considered to be the publication of the text of a law (or other act) in a clearly defined publication, called official. For example, for federal laws, acts of the President of the Russian Federation, acts of the Government of the Russian Federation, this is the magazine “Collection of Legislation of the Russian Federation,” published weekly, as well as the daily newspaper “ Russian newspaper" Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information. Acts that are not subject to publication and are sent locally come into force from the moment they are received by the addressee.

The validity of regulatory legal acts is terminated in the following cases:

• 1) upon expiration of the act (self-cancellation);
• 2) in case of instructions from a state body to cancel the act (direct cancellation);
• 3) in the event of a new act on the same issues being adopted by the same or a higher government body (indirect cancellation).

The loss of legal force by a normative legal act may be temporary. Temporary loss occurs in the event of suspension of a normative legal act for a certain period, after which the normative legal act comes into force again.

Thus, as a general rule, the legal act that has entered into legal force and has not lost it should be applied. However, there are two exceptions to this rule:

• 1) in some cases, there may be a so-called survival of the law, which is the application of a canceled, no longer valid normative legal act to those legal relations that arose during the period of its validity;
• 2) sometimes a newly adopted normative legal act extends its effect to legal relations that arose before it entered into legal force. In such cases, they talk about the retroactive force of the law. As a general rule, most laws do not have retroactive effect. In particular, according to Art. 57 of the Constitution of the Russian Federation, laws establishing new taxes or worsening the rights of the taxpayer do not have retroactive force. The exception is criminal laws: they can have retroactive effect if they eliminate the punishability of an act or mitigate the punishment. Limits action of a normative legal act in space determined by the territory to which its regulations apply. A normative legal act can be valid in space throughout the entire territory of the state, in a certain part of the country and (in some cases) outside the state. As a rule, the effect of regulatory legal acts covers the territory that is under the jurisdiction of the government body that issued the regulatory legal act. Thus, the territory of the Russian Federation includes the territory of all its subjects, internal waters (rivers, lakes, inland sea) and the territorial sea, and the airspace above them. The regulations of the Russian Federation also apply on the continental shelf and in the exclusive economic zone (200-mile coastal strip), which, in accordance with international law, are not part of the territory of the state. Regulations may be of a general nature, i.e. act in relation to all citizens and legal entities located in the relevant territory, or addressed only to some of them (veterans, pensioners, students, military personnel, etc.). However, there are exceptions to this rule. A number of laws apply only to citizens of the state; they do not apply to stateless persons and foreigners. The procedure according to which laws do not apply to a particular space or persons is called extraterritoriality. Most often, chapters fall under the principle of extraterritoriality foreign countries and governments, members of foreign government delegations, diplomatic and consular representatives of foreign states and members of their families. They are not subject to criminal law and legislation on administrative offenses. The question of the responsibility of these persons for the offenses they have committed is resolved diplomatically: most often they are declared persona non grata, that is, an undesirable person, and expelled from the country.

Regulatory acts in the Russian Federation

State legislation is formed as a result of the publication of legal norms, their consolidation in official acts and the systematization of these acts. A structural element of the legislative system is a normative legal act.

Normativity implies that legal documents contain rules of law (general rules of conduct established and protected from violation by the state).

Legal act- is an official document adopted (issued) by competent government bodies and containing generally binding legal norms.

A normative legal act is an official document of a permanent or temporary nature, aimed at establishing, changing the content or repealing legal norms. Regulatory legal acts are generally binding and are designed for repeated use.

A normative legal act is adopted (issued) in the manner and form determined by the Constitution of the Russian Federation and federal laws by a state authority or local government body vested with the right to adopt (issue) normative legal acts (hereinafter referred to as the law-making body), on the subjects of its jurisdiction, or in a referendum .

A normative legal act can be adopted (issued) jointly by several law-making bodies, as well as by one of these bodies in agreement with others.

Such an act always has a clear internal structure. The text, for ease of use, may have a preamble, be divided into sections, chapters, articles, paragraphs, paragraphs, parts, paragraphs, etc. This structure of a normative legal act is the result of a long development of the theory and practice of rule-making.

In a modern state, the entire set of normative and other legal acts of the state ultimately establishes a certain legal system of the state.

In the Russian Federation, regulatory legal actsthere are:

The Constitution of the Russian Federation is the fundamental law of the state;

laws of the Russian Federation on amendments to the Constitution of the Russian Federation, federal constitutional laws, federal laws;

regulatory resolutions of the chambers of the Federal Assembly of the Russian Federation;

regulatory decrees of the President of the Russian Federation;

regulatory decrees of the Government of the Russian Federation;

regulatory legal acts of federal ministries and other federal executive authorities;

regulatory guidelines, regulations, instructions Central Bank Russian Federation (Bank of Russia);

normative decisions of the Constitutional Court of the Russian Federation;

regulatory orders, instructions, orders, regulations and instructions of the Prosecutor General of the Russian Federation;

constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation;

regulatory legal acts of local government bodies.

The Constitution of the Russian Federation, laws and other regulatory legal acts of federal government bodies constitute federal legislation.

The sphere of exclusive regulation by the Constitution of the Russian Federation, federal constitutional laws and federal laws includes:

foundations of the constitutional system of the Russian Federation;

rights, freedoms and responsibilities of a person and a citizen, ways to ensure them, as well as legal liability and other coercive measures in relation to the individual;

legal status of public associations;

federal structure of the Russian Federation;

general principles local government organizations;

establishing a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities, the formation of federal government bodies;

fundamentals of federal policy in the field of state, economic, environmental, social, cultural and national development of the Russian Federation;

the procedure for the formation and expenditure of federal budget funds, federal taxes and fees;

federal transport, communication routes;

defense, defense production, determination of the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property;

the procedure for introducing martial law or a state of emergency;

safety, production of toxic substances, narcotic drugs and the procedure for their use;

the procedure for ratification and denunciation of international treaties of the Russian Federation, ratification and denunciation of such treaties;

judicial system, prosecutor's office, civil, civil procedural, arbitration procedural, criminal, criminal procedural, criminal executive legislation, legal regulation of intellectual property.

Thus, laws on these issues are passed only at the federal level.

Federal laws can be adopted in the form of codes of the Russian Federation and the fundamentals of legislation of the Russian Federation.

Code of the Russian Federation - This is a federal law adopted on the subjects of jurisdiction of the Russian Federation, as well as on subjects of joint jurisdiction of the Russian Federation and its subjects, containing in a systematized form all or the main part of the legal norms governing a certain area of ​​public relations.

Fundamentals of legislation of the Russian Federation - This is a federal law adopted on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, ensuring uniform legal regulation of certain social relations.

Today, the key law regulating relations in the field of protecting citizens’ health is Basicslegislation of the Russian Federation on health protectioncitizens dated July 22, 1993 No. 5487-1.

In order to ensure legal succession, the laws that were in force on the territory of the Russian Federation before the adoption of the Constitution of the Russian Federation (1993), upon its entry into force, acquired the status of federal laws and are applied on the territory of the Russian Federation until officially repealed to the extent that does not contradict the Constitution of the Russian Federation and federal constitutional laws , federal laws and international treaties of the Russian Federation. One of the trends in the development of the legislative system of the Russian Federation in the last decade is the integration into Russian legislation of generally recognized principles and norms of international law and international treaties of the Russian Federation. Generally recognized principles and norms of international law and international treaties of the Russian Federation occupy a separate position in the system of regulatory legal acts of the Russian Federation and are an integral part of its legal system.

International treaty of the Russian Federation- is an international agreement concluded by the Russian Federation with a foreign state (states) or with an international organization in writing and governed by international law, regardless of whether such an agreement is contained in one document or in several related documents, and also regardless of its specific name.

The procedure for concluding, implementing and terminating international treaties of the Russian Federation is determined by Federal Law No. 101-FZ dated July 15, 1995 “On International Treaties of the Russian Federation.”

If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply (Article 15 of the Constitution of the Russian Federation).

The Constitutional Court of the Russian Federation, within the limits of its powers, makes decisions, conclusions and determinations, as well as decisions on organizational issues.

The decisions of the Constitutional Court of the Russian Federation on recognizing normative legal acts or parts thereof as inconsistent with the Constitution of the Russian Federation are normative. Regulatory legal acts of the Constitutional Court of the Russian Federation are adopted on the basis of and in pursuance of the Constitution of the Russian Federation, Federal Constitutional Law No. 1 of July 21, 1994 - FKZ "On the Constitutional Court of the Russian Federation".

Subjects of the Russian Federation have their own constitutions (charters). The constitutions (statutes) of the constituent entities of the Russian Federation are adopted on the basis of the Constitution of the Russian Federation and cannot contradict it. State authorities of the constituent entities of the Russian Federation, within the limits of their powers, adopt (publish) laws and other regulatory legal acts in the manner prescribed by the legislation of the constituent entities of the Russian Federation. Regulatory legal acts of the constituent entities of the Russian Federation are adopted (issued) on the basis of and in pursuance of federal legislation, the constitution (charter) of the corresponding constituent entity of the Russian Federation and cannot contradict them. These regulations apply only to the territory of the relevant region.

Local government bodies, within the limits of their powers, adopt (issue) normative legal acts. Regulatory legal acts of local government bodies are adopted (issued) on the basis of and in pursuance of federal legislation, the constitution (charter), laws and other regulatory legal acts of the relevant subject of the Russian Federation and cannot contradict them.

The constitutions (statutes) of the constituent entities of the Russian Federation, laws and other regulatory legal acts of state authorities of the constituent entities of the Russian Federation and regulatory legal acts of local government bodies constitute the legislation of the constituent entities of the Russian Federation.

Federal legislation and the legislation of the constituent entities of the Russian Federation constitute the legislation of the Russian Federation.

Let us note that legislative acts, despite their broad regulatory content, cannot fully implement legal regulation of all health issues. Laws do not always indicate specific mechanisms for implementing the norms contained in them. That is why the role of legal acts of executive authorities, which ensure the implementation of legislative norms based on the real legal situation, is increasing.

Subordinate legal acts of federal executive authorities include: decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, decrees, orders and orders of various federal ministries and departments.

Regulatory acts of the President of the Russian Federation and the Government of the Russian Federation are the most important sources of law. They serve as the legal basis for the emergence, change and termination of administrative-legal relations that determine the rules of conduct in the field of public administration.

The procedure for the preparation, introduction, consideration, adoption (publication), entry into force and official publication of laws constituting the legislation of the Russian Federation and other normative legal acts is determined accordingly by the Constitution of the Russian Federation, Federal Constitutional Law of October 10, 1995 No. 2-FKZ "On the referendum of the Russian Federation ", other federal constitutional laws, Federal Law of July 15, 1995 No. 101-FZ "On International Treaties of the Russian Federation", Federal Law of June 14, 1994 No. 5-FZ "On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly", decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation, as well as the legislation of the constituent entities of the Russian Federation.

All regulatory legal acts have certain temporary, territorial restrictions (limits) of their existence and action, and also apply to a certain circle of persons. As a general rule, regulatory legal acts are applied to relations that took place during the period from their entry into force until they lose force.

The time limit for the validity of a normative act is the period from the moment it enters into legal force until the moment it is terminated.

In the Russian Federation, regulatory legal acts come into force in one of the following ways:

as a result of an indication in the text of a regulatory legal act on the calendar date from which the legal document comes into force;

as a result of indicating other circumstances with which the entry into legal force of the document is associated (for example, “from the moment of signing”, “from the date of publication”, etc.);

as a result of application general rules specified in the legislation.

According to these general rules, laws and other normative legal acts of the highest representative bodies come into force throughout the entire territory of the Russian Federation simultaneously after 10 days from the date of their official publication.

Regulatory legal acts of the President of the Russian Federation come into force throughout the entire territory of the Russian Federation simultaneously after seven days from the date of their official publication, and acts of the Government of the Russian Federation - from the day of their signing.

Acts of federal executive authorities (for example, orders of the Ministry of Health and Social Development) come into force from the moment of publication and, like other acts, are subject to state registration with the Ministry of Justice of the Russian Federation (Federal Registration Service).

The procedure for the entry into force of regulatory acts of the constituent entities of the Russian Federation and regulatory acts of municipal bodies is determined by them independently.

A normative legal act (its parts) ceases to be in force as a result of:

expiration of the regulatory legal act (part thereof);

recognition of a normative legal act (its part) as no longer in force (a direct indication of cancellation, which may be contained in an act of higher legal force or in acts of the same level);

adoption (issue) of a new normative legal act of equal or greater legal force, replacing a previously adopted (issued) normative legal act (part thereof). In connection with the adoption (issue) of a new normative legal act, all normative legal acts or parts thereof are declared invalid if they contradict the provisions of the new normative legal act;

entry into force in the prescribed manner of an international treaty of the Russian Federation, the provisions of which contradict the provisions of a previously adopted (published) normative legal act (part thereof);

recognition of a normative legal act (its part) as inconsistent (non-conforming) with the Constitution of the Russian Federation in the manner prescribed by law. The effect of regulatory legal acts that constitute the legislation of the Russian Federation extends to citizens of the Russian Federation, as well as to foreign citizens and stateless persons located on the territory of the Russian Federation, unless otherwise provided by federal laws and international treaties of the Russian Federation.

Regulatory legal acts that make up federal legislation are valid throughout the Russian Federation, unless otherwise provided in these acts (acts on their entry into force). The effect of regulatory legal acts that make up the legislation of the constituent entities of the Russian Federation extends to the territory of the corresponding subject. Regulatory and legal acts of local government bodies are valid on the territory of the relevant municipality.

The most important of the by-laws is the Program of State Guarantees for the provision of free medical care to citizens of the Russian Federation, first adopted in 1998 and adjusted annually by the Government of the Russian Federation. In accordance with the Decree of the Government of the Russian Federation dated September 11, 1998 No. 1096 “On approval of the Program of State Guarantees for Providing Free Medical Care to Citizens of the Russian Federation,” this Program defines the types of medical care provided to the population free of charge.

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

Signs of a normative legal act:

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

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

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

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

5. The legal act is included in unified system legislation, carrying out legal regulation in accordance with common goals and objectives legal regulation.

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

Normativity is the most important feature of normative legal acts.

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

Legal force normative legal act is expressed:

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

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

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

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

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

In recognizing a legal act that ignores established legal dependencies, violates the rule of law and loses legal force.

Types of regulatory legal acts

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

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

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

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

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

Signs of the law:

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

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

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

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

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

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

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

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

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

Federal constitutional laws, based on Article 76 of the Russian Constitution, have supremacy over federal laws.

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

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

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

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

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

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

By-laws

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

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

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

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

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

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

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

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

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

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

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

The concept of systematization of regulations

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

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

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

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

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

By publishing a collection of normative acts,

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

By combining several regulations into one enlarged act.

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

Types of systematization of regulations

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

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

There are different types of incorporation:

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

2. Taking into account the dependence on volume, a distinction is made between general (full) incorporation, when it includes all valid acts of a certain level or type, and partial (incomplete) incorporation, ᴛ.ᴇ. when the meeting contains only a certain part of the normative acts.

3. According to the source, incorporation must be official, ᴛ.ᴇ. carried out by government agencies or on their instructions and unofficially, ᴛ.ᴇ. carried out by organizations and individuals at their own discretion.

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

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

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

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

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

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

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

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

Regulatory legal acts - concept and types. Classification and features of the category "Regulatory legal acts" 2017, 2018.

Regulatory legal act: concept and types

Regulatory legal act (NLA) - an official document of the established form, adopted (issued) within the competence of an authorized government body (official), other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.) or by referendum in compliance with the procedure established by law, containing generally binding rules of behavior, designed for an indefinite circle of people and repeated use.

A normative legal act is an act of lawmaking, which is adopted in a special manner by strictly defined subjects and contains a rule of law.

A normative legal act in the Russian Federation - Russia (as well as in many other countries belonging to the Roman-Germanic legal system) is the main, dominant source of law. Regulatory legal acts (unlike other sources of law) are adopted only by authorized state bodies within their competence, have a certain form and are presented in documentary form (in addition, they are drawn up according to the rules of legal technology). The regulatory legal acts in force in the country form a unified system.

According to the order of adoption and legal force, normative legal acts are divided into laws and by-laws.

Laws and regulations

Law is a normative act with the highest legal force, adopted in a special manner by the highest representative body of state power or directly by the people and regulating the most important social relations. A special procedure is lawmaking. According to their legal force and purpose, laws are divided into constitutional (reinforce the foundations of the social and state system and determine the basic legal principles of all current legislation) and ordinary (adopted on the basis of constitutional laws and regulate various aspects of social life). Among the latter, codified and current ones stand out. According to the nature of their action, laws are divided into permanent, temporary and emergency. In the Russian Federation, as in any federal state, federal laws and laws of constituent entities apply. The current laws form a system of legislation. The highest legal force presupposes that no other legal act should contradict the law and can neither cancel nor change it; but the law can repeal or change any other legal act. The content of the law forms primary norms, which in some cases receive further specification and development in by-laws.

A subordinate legal act (normative) is adopted by public authorities within the limits of their competence and, as a rule, on the basis of the law. By-laws must comply with laws. By-laws of Russia include normative acts (that is, decrees containing rules of law) of the President of Russia, normative resolutions of the chambers of the Federal Assembly (adopted on issues within their jurisdiction), normative resolutions of the Government of Russia, various normative acts (orders, instructions, regulations, etc. .) federal ministries and departments, other federal executive bodies, other federal government bodies. It is also worth highlighting the normative legal acts of local government bodies (which is why by-laws are adopted not only by state bodies), issued in accordance with higher laws and by-laws and affecting public relations strictly on the territory of a given municipality.

Regulatory agreements

The source of law in Russia, as well as in most countries of the world, is a regulatory agreement. The most common type of regulatory contracts and agreements are collective agreements and agreements concluded by the parties to a social partnership in labor law.

Regulatory legal acts in the Russian Federation

Since the Russian Federation - Russia is a federal state, regulatory legal acts can be federal (of the Russian Federation) and constituent entities of the Russian Federation, also within the powers of the decision of the elected body of the municipality.

In Russia the following is installed hierarchical system regulatory legal acts (depending on their legal force):

International treaties and agreements of Russia, as well as generally recognized principles and norms of international law, constitute a special group that is an integral part of the Russian legal system. International treaties and agreements of Russia have greater legal force than regulatory legal acts of the Russian Federation.

Constitution of Russia.

1. Laws:

Russian Federation

Federal constitutional laws.

Federal laws (including Codes).

Federal subject

Federal subject law

2. Decrees of the President of Russia,

3. By-laws:

Decrees of the Government of Russia.

Acts of federal executive authorities (ministries, federal services and agencies).

4. Local regulations.

At the municipal level - decisions of the municipality.

Saransk Cooperative Institute MUPK.

Course work

Subject:

“Regulatory acts, their types and meanings”

Teacher: Timoshkin V.V.

Performed: 1st year student of the correspondence faculty, specialty “Jurisprudence” Yushkevich I.N.

Saransk, 99

I. Introduction page 3

II. Regulatory legal acts, such as

sources of law, their differences from page 5

other sources of law

III. Types of regulatory and legal

at page 9

IV. Systematization is normative -

legal acts page 17

V. Effect of regulatory and legal

acts in time, in space

and in a circle of people p. 20

VI. Conclusion page 27

Introduction

In order to become a reality and successfully fulfill the regulatory, educational and other functions inherent in law, it, like the state, must have its own external expression. In domestic and foreign literature, these “external expressions of law” in some cases are called both forms and sources of law.

In this work, “form of law” will be considered as a synonym for “source of law”. Here, no fundamental importance is attached to those unprincipled semantic nuances, shades and minor differences that the terms “form” and “source” of law have. As sources of law, one can interpret those material, social and other conditions of society that objectively cause the need to issue or amend and supplement certain normative legal acts, as well as the legal system as a whole.

World legal science considers the sources of law in inextricable unity with the content of legal norms. The expression of legal norms in custom, precedent, and judicial practice has a casuistic and not always definite character. These norms develop gradually, as particular cases are repeated and a certain rule of behavior is applied. Therefore, legal norms cannot embody a general and sufficiently definite expression in the indicated forms.

The transition to universal regulatory regulation is carried out evolutionarily.

At the beginning, normative regulation extended only to those areas of public life that directly related to the interests of state power.

Private, property and family relations for a long time remained under the influence of common law and judicial practice. Over time, legal regulation expands, subordinating other areas of public life, and thus becomes the predominant form of legal regulation of social relations.

Regulatory legal acts as sources of law. Their differences from other sources of law.

Among the numerous forms (sources) of law, regulatory and legal acts of state bodies occupy an important place. For brevity, they are often called regulations.

Regulatory legal acts are understood as written expressions of decisions of competent state bodies that contain the rules of law.

These are acts of lawmaking, with the help and thanks to which legal norms are established or abolished.

Without exception, all normative legal acts are state acts in nature. They are issued or sanctioned only by government agencies.

They have a strong-willed character. They contain and through them the will of the state is refracted. Violation of the orders contained in normative legal acts is associated with the onset of criminal, civil and other legal consequences.

Among the normative and legal acts issued by government bodies are laws, decrees, decrees, government (cabinet) resolutions, orders of ministers, chairmen of state committees, decisions and regulations applied by local government bodies and administration. The system of normative legal acts in each country is determined by the constitution, as well as special laws issued on its basis, regulations on certain government bodies, and government decrees. The legislation also determines the procedure for issuing, amending, repealing and supplementing normative legal acts; it is indicated which body, in accordance with which procedure, issues this or that normative act.

Regulatory legal acts, as sources of law, have certain organizational, technical and other advantages over other sources of law. They are manifested: firstly, in the fact that the state bodies that issue them have much greater coordination than all other rule-making institutions for identifying and reflecting in the law not only group, class, individual, but also general interests; secondly, that due to clear requirements, traditionally established rules for presenting its content, a normative legal act is considered the best way formalization of established norms; and, thirdly, that a normative legal act, due to its clarity and certainty, is easier to “handle” than other forms of law. As theorists and practitioners note, it is easy to refer to it when resolving cases, make the necessary adjustments, and monitor its implementation. 1

1. General theory of law / answer. ed. A.S. Pigolkin. M., 1994. P. 174.

Regulatory acts have a number of characteristic features, which differ from all other legal acts, in particular law enforcement, which have an individually specific character. These signs are as follows:

1. normative acts are the result of law-making activities of competent state bodies and officials, as well as authorized public associations and organizations;

4. are applied and implemented in a special procedural manner;

5. have a strictly defined documentary form (law, decree, resolution, etc.);

6. are aimed at regulating the most typical, mass relations, while acts of application of legal norms relate mainly only to specific life cases, situations, circumstances.

7. are designed for permanent or long-term action, whereas implementing acts are designed for one-time implementation;

8. normative acts are not personalized, they are addressed either to all or to an indefinitely large number of subjects, and the act of applying a legal norm has a specific addressee.

Therefore, normative legal acts must be distinguished from individual legal acts, which are not sources of law. An individual legal act extends its effect to specific subjects of law who are in the sphere of legal regulation. It is designed for one-time use, applies personally to certain individuals and terminates with the implementation of a specific right or obligation (for example, the appointment of a pension by a social security authority to a specific person, a court decision on the forced repayment of a debt by an obligated person).

Individual legal acts are also a necessary means of implementing the general requirements of legal norms contained in normative legal acts. They are of a mandatory state nature, their implementation is ensured by the competent authorities of the state (court, mayor's office, arbitration), but they are not sources of law, since they do not contain legal norms. Unlike legal norms, their prescriptions relate to personalized individuals and specific life situations.

The sources of jurisprudence, or the sources of our knowledge about law, should be distinguished from a normative legal act as a source of law. We draw information about the rules of law from various collections of legislation, from historical legal monuments, and from the works of professional lawyers. All these are sources of our knowledge of legal norms, and not sources of law.

As a result, a normative legal act can be defined as an official act issued in a special manner - a document of the competent law-making body containing the rules of law.

Types of normative legal acts.

Classification of normative legal acts is made on various grounds: by legal force; by content; by the volume and nature of the action; to the entities publishing them.

By legal force All normative legal acts are divided into laws and by-laws. The legal force of normative legal acts is the most essential feature of their classification. It determines their place and significance in common system state regulatory regulation. In accordance with the theory and practice of law-making, acts of higher law-making bodies have higher legal force than acts of lower law-making bodies. The latter are issued on the basis of and in pursuance of regulations issued by higher law-making bodies.

Regulatory legal acts are also classified by content. This division is to a certain extent arbitrary. This convention is objectively explained by the fact that not all normative legal acts contain norms of uniform content. There are acts containing norms of only one branch of rights (labor, family, criminal legislation). But along with industry regulations, there are also acts that are complex in nature. They include norms of various branches of law serving a certain area of ​​public life. Economic, trade, military, maritime legislation - examples of complex regulatory and legal acts

By volume and nature of action normative legal acts are divided.