The regulatory legal act is a written official document adopted (published) in a specific form of a law-standing body within its competence and aimed at establishing, changing or canceling legal norms. It has a general obligatory state prescription of a permanent or temporary nature, calculated for repeated use. There is a dependence of the form of an act from its regulatory content. Regulatory legal acts are accepted (published) in the form of laws, decrees, regulations, orders, orders, rules, instructions, regulations. The publication of regulatory legal acts in the form of letters and telegrams is not allowed.

The Constitution of the Russian Federation has the highest legal force, direct effect and applies throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation should not contradict the Constitution of the Russian Federation.

The Code is a systematic legislative act, which contains the norms of any branch of law (for example, the Civil Code, the Criminal Code, Procedural Code).

The location of legal norms in the Code is made in the manner reflecting the system of this branch of law.

Under subjects of reference of the Russian Federation, federal constitutional laws and federal laws are accepted, which have direct action throughout the Russian Federation.

According to subjects of joint management of the Russian Federation and constituent entities of the Russian Federation, federal laws and the laws and other regulatory legal acts of the constituent entities of the Russian Federation are published.

Federal laws cannot contradict federal constitutional laws.

Outside the references of the Russian Federation, joint management of the Russian Federation and the constituent entities of the Russian Federation of the region, the region, the city of federal significance, the autonomous region and the autonomous districts carry out their own legal regulation, including the adoption of laws and other regulatory legal acts.

Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict the federal laws adopted in accordance with the parties of the first and second paragraph. In the event of a contradiction between federal law and other act, a federal law has been operating in the Russian Federation.

In the event of a contradiction between the federal law and regulatory legal act of the constituent entity of the Russian Federation, published in accordance with part of this article, there is a regulatory legal act of the constituent entity of the Russian Federation.

According to the legislation of Russia, the law is a regulatory legal act adopted by the State Duma approved by the Federation Council, signed by the President of Russia and published in the prescribed manner.

The main legislation of the Russian Federation is as follows:

  1. Code of the Russian Federation on Administrative Offenses
  2. Arbitration Procedure Code of the Russian Federation
  3. Civil Code of the Russian Federation (part of the first)
  4. Civil Code of the Russian Federation (part Two)

In the law system of Russia, the diversity of sources of law is very large. But it is based on such a concept as a regulatory act. What is the specificity of their publication and what are the varieties of these sources of law? Is it possible to interpret the term NPA in different ways? What exactly?

Traditional vision of NPA nature

Some lawyers consider the following definition of the term "regulatory act". This document in writing, which is adopted by the subject of law (government agencies, the structure of local self-government or the establishment of direct democracy) to express the power and regulation of relations in society.

The main property of regulatory acts (or abbreviated NPA) is regulatory. Such sources are also endowed with the properties of non-challenge legitimacy.

Scientific vision of NAPA NAPA

In the environment of law scientists, there is an opinion that NPA is a written document that expresses the official will of the state authority regarding the establishment, adjustment or the abolition of certain norms of law (the rules of the general obligatory nature, which are subject to multiple use).

Official Vision of NAP Nature

In the environment, samples of other definitions are used that such a regulatory act. One of them, NPA is an act containing legal norms and establishments that are designed for a long-term (usually) use and distributed to an indefinite (or very wide) circle of individuals.

The Supreme Court of the Russian Federation at one of the plenums also made the definition of NAP. According to judges, the acts of authorized authorities or officials who establish legal norms or rules of conduct aimed at an indefinite circle of persons and subject to multiple use, regardless of the availability or lack of legal relations regulated by the act, are recognized as regulatory and legal.

Classification of NPA

There are different types of NPA. The grounds for their classifications are several. One of them depends on how the legal status is the subject of the laws (engaged in laws). The system of regulatory acts adopted in Russia implies the following classification of sources of law by the criterion in question:

  • These are acts of state bodies (on behalf of the government of Russia, regional or municipal executive structure).
  • These are vaults of the norms published (as well as corporations).
  • These are joint regulatory acts (which state bodies are published by combining efforts, for example, with corporations).
  • These are sources of law adopted on referendum by direct willing of the people.

Types of NPA may differ in geography of application. There are federal regulatory legal acts, sources of subjects of subjects, as well as laws published by municipalities, and (corporate, at the institutional level). Another basis for the classification of NPA is the validity period. There are documents, the validity of which is not defined, and there are temporary sources of norms.

NPU and acts of application

Some lawyers delimit the concept of NAP and such a phenomenon as an act of application of law. Differences of these two documents may be in the following nuances.

  • First, regulatory acts are designed for managing typical, relatively common social relations. Acts of application of rights are managed by private situations, create precedents. An example is the Civil Code of the Russian Federation - this is NPA, and the decision of the city hall regarding the appointment of the responsible on planting the city is an act of application of law.
  • Secondly, it matters to whom the source of the right is directed.

Regulatory acts, as a rule, are not personified. They are addressed to the uncertain number of people. Acts of application of rights have an individual orientation. NPA can be installed, adjust or canceled any does not have similar properties. It may be part of the law enforcement process relating to the prescriptions of regulatory acts.

NPA and abnormative legal acts

A number of experts consider it necessary to distinguish the concepts of NPA and "non-normal legal acts". The criteria are as follows. The regulatory act is the result of the legislative work of the authorities and officials. They have the rules and norms of a general binding nature, not personalized, designed for application for a long time. Abnormative acts do not contain any of the listed features. One of the possible definitions - "prescriptions limited in time and addressed to specific entities."

At the same time, it is believed that non-normal acts are more strict and asked for unambiguous prescriptions, indicating legal consequences for a particular person or group. The Code of Civil Procedure of the Russian Federation contains the rules for which the person who considered that the abnormative legal act, published in his address violates and freedoms, can challenge its obligations that have come according to the content of the act.

The regulation of federal laws

One of the key types of federal NPA in Russia is laws. Their regulatory area, as some lawyers consider, are the following key questions:

  • realization of the rights, freedoms, duties of citizens, their protection;
  • establishment of citizens' legal responsibility standards for certain actions.

The regulatory area of \u200b\u200bFZ includes issues of federal relations. This is the management of democratic processes (elections of different levels, referendums).

Legal acts of the federal level are responsible for ratification or denunciation of agreements signed by Russia with other states. Federal laws regulate budget policies, tax collection, duties. Federal Law - Sources of Normal Safety, Military Policy. At the federal level, key issues in relation to the justice system, solving civil disputes, works of arbitration, lawyers and lawyers. Federal laws are designed to regulate a variety of spheres of public life and state construction. There are FZ "On Joint-Stock Companies", there are similar act regulating the activities of LLC. Some lawyers admit the Classification of the FZ into two types - current acts and codified.

Constitution - Act with higher legal force

The most important Russian NPA is the Constitution. He has the highest legal force. This source of the right is endowed with a constituent nature: the prescriptions and regulations contained in the Constitution are the basis for absolutely all other legal acts published in Russia. Releases this source of law is not anyone else like the Russian people. The Constitution is not only a legally significant document. This is the basis of the progress of key social and political processes. It expresses people's social consent, each of which can have a completely unique political interest. The Constitution of the Russian Federation consisted of key characteristics of the state system, the structure of the authorities, relations between the population of the country and the socio-political institutions.

Specificity of federal constitutional laws

Substitutional FZ - constitutional laws. They possess some specifics. These laws are accepted to regulate the processes that are expressly referred to in the country's Constitution. Among those, for example, the status of key state institutions. Their activities are regulated by constitutional laws - "On the Government", "On the Constitutional Court" and the like. There are acts regulating the introduction or cancellation of statuses affecting the degree of sovereignty of the state. Among the law on the introduction of military situation. The Federal Constitutional Laws of Russia introduces the rules and norms relating to the administrative-political structure of the country, define the rules on which new subjects can be made to the federation. The legal force of constitutional laws is higher than that of ordinary federal (under Article 76 of the Constitution). These acts are accepted in a more strict order. For example, to approve or adjust the constitutional law, at least 60% of the members of the Federation Council and, at a minimum, two-thirds of the State Duma deputies should vote.

Laws of the subjects of the Federation

Each of the subjects of the Russian Federation - be it an autonomous district, the region, an area or the republic - have the right to issue their own laws. Such regulatory legal acts are accepted by a legislative or subject (most often, this is the State Council). Acts published by the authorities of the constituent entities of the Federation are designed to regulate issues related to key areas of social political and economic development of the region.

The main criterion is the compliance of the adopted law of the Constitution of the Russian Federation and other, which has a higher legal force of the NPA. Example: There are FZ "On the General Principles of Local Self-Government." The rules prescribed in it should be taken into account in the formation of a legislative framework relating to the work of the municipalities of the subjects of the Federation. If, let's say, the State Council of the Republic of Tatarstan will take its own law on local government, the norms contained in it should not contradict the FZ, which is indicated above. Some lawyers believe that the Action of the NPA adopted by the state bodies of the subjects of the Federation cannot apply to civil relations, as they are outside the subject matter of regional structures.

Features of municipal legal acts

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

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

Municipal can be accepted by the population on a local referendum or one. Noteworthy is the fact that these NPAs have the same legal force with the charter. Moreover, several years ago, the Ministry of Justice of Russia issued an order that regulates the ratio of the municipal statute at the stage of its state registration and sources of law approved on the folk gathering. If in the approved charter there are norms contrary to the fact that it is contained in the NPA adopted on the referendum, then it is recognized as not relevant to the Constitution of Russia and cannot be registered.

International Laws of the Russian Federation

There is a special type of regulatory acts - FZ on ratification or denunciation of international agreements of Russia. They are made on the basis of the provisions of Article 106 of the Constitution. These laws have a specific procedure for adoption, but are a full-fledged part of the National Legal System. The publication of regulatory acts of this type goes through the newsletter of international agreements. Article 15 of the Constitution states that treaties signed by the Russian Federation with other countries are more prioritized to national legislation. And therefore some lawyers call such NPA top in the hierarchy of federal laws.

Government NPA

Regulatory acts of the Government of the Russian Federation are issued in accordance with Article 115 of the Constitution, as well as in accordance with the norms of the Constitutional Law "On Government". What is the legal nature of government NPA? In order to fulfill the prescriptions of the Constitution, FZ, decrees of the head of state, the Russian government issues special forms of documents - decisions, orders, and also monitors their execution. The acts published by the government, thereby subband. They must fully comply with the Constitution and other sources of the right federal level. Resolutions, according to some lawyers, is the most significant type of government NPA. These sources regulate key issues in the competence of the executive branch of Russia. Orders are regulatory acts regulating current issues. Both types of government sources of law are taken, as a rule, by the Presidium, but in some cases they can issue them by the Russian Prime Minister.

Legal act - This is published or authorized by the competent state bodies of a legal act with a state-owned nature, which has a formal documentary form, containing mandatory rules and guaranteed by the forced force of the state.

Depending on the legal force, regulatory acts are divided into laws and regulatory acts. The law is made in a special procedure and possessing the highest legal force of a regulatory act, expressing the state will on the most important issues of social 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 the main and current. The basic laws applies, above all, the Constitution of the Russian Federation. The Constitution is the main law of the state and society regulating the most important parties to their internal organization. Unlike the remaining laws, the Constitution of the Russian Federation has the highest legal force: all other regulatory acts, including legislative, should not contradict the constitutional provisions, and the laws themselves are accepted by those bodies and in the order that establishes

Federal Constitutional Laws are those laws whose adoption 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 are allocated - laws with which legal regulations are systematized in any particular branch of law. The combination of all existing laws is called legislation of the Russian Federation.

Laws are characterized by the following features:

  • 1) are accepted 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 procedure, provided for by the Constitution of the Russian Federation, the Constitution or the Charter of the Directory of the Russian Federation and the Regulations of the relevant Parliament;
  • 2) regulate the most significant spheres of social relations;
  • 3) have the highest legal force: any other legal act, published not on the basis and not pursuant to the law, and the more so no corresponding or contradictory law, is canceled in the prescribed manner;
  • 4) have a special structure, consist of a certain set of elements called requisites. The main details of the Legislative Act are:
    • - the name of the body adopted law;
    • - the name of the law;
    • - number and date of adoption of the law;
    • - preamble, i.e., the introductory part in which the motives, goals and objectives of the adoption of the law are indicated;
    • - regulatory and legal content of the law;
    • - indication of the entry of the law into legal force and the abolition of other regulatory and legal acts that have previously regulated public relations;
    • - signature of the relevant official (for the laws of the Russian Federation - President of the Russian Federation).

Each law consists of separate statements called articles. The article may contain either one or several norms of law or part of the norms of law. Articles have a sequence number. The article can be divided into parts, and parts are sometimes divided into points and paragraphs. In most laws, part of the article are indicated by the sequence numbers, and the points are letters. Paragraphs of numbers do not have and counted from the beginning of the point, part or article. For the convenience of using the law, his article is united in chapters, chapters in paragraphs, and paragraphs in the sections.

Regulations - These are law-making acts of the competent authorities that are based on the law and do not contradict it. Watching acts have less legal force than laws, and are designed to specify the principal provisions of laws in relation to various life situations. At the head of the system of sub-commercial acts of the Russian Federation, the presidential decrees of the Russian Federation are. Deconsions of the Russian Federation should not contradict the decisions of the Government of Russia, departmental acts (orders and instructions of ministries and departments), as well as acts of local executive bodies.

To properly apply legal norms, it is necessary to be able to accurately determine the operation of the regulatory act containing these norms, in time, in space and in a circle of persons.

Action of regulatory and legal acts in time Determined by two moments: the moment of entry into force of the regulatory act due to the moment of loss of legal force. The regulatory act comes into force either since its adoption, or since the time specified in the act of act. In most cases, in the act, the moment of entry into force is indicated: the exact calendar date is determined with which this regulatory act begins to act. If, in the regulatory act, the moment of its action began is not determined, it comes into force upon the expiration of a certain period after publication. The official publication is the publication of the text of the law (or other act) in a clearly defined edition called official. For example, for federal laws, acts of the President of the Russian Federation, acts of the Russian government is the magazine "Meeting of the Legislation of the Russian Federation", which is published weekly, as well as the daily newspaper "Russian Gazeta". Any regulatory acts affecting the rights, freedom and obligations of a person and a citizen cannot be applied if they are not officially published for universal information. Acts that are not subject to publication and sent to seats come into force from the moment they are received by the addressee.

The operation of regulatory acts is terminated in the following cases:

  • 1) after the expiration of the act (self-selection);
  • 2) in case of instructions of the state body about the abolition of the act (direct abolition);
  • 3) in case of adoption of a new act on the same issues in the same or higher state body (indirect cancellation).

The loss of legal force by the regulatory act may be temporary. Temporary loss takes place in the event of a suspension of the regulatory act for a certain period, after which the regulatory act again begins to act.

Thus, as a general rule, the regulatory act, which entered into legal force and did not lose it. However, this rule has two exceptions:

  • 1) In some cases, the so-called experience of the law may occur, which is the use of a canceled, no longer existing regulatory act to the legal relations that arose during its period;
  • 2) Sometimes the newly adopted regulatory act extends its effect on the legal relationship, which arose before its entry into legal force. In such cases, they talk about the inverse strength of the law. As a general rule, most of the laws of the inverse force does not have. In particular, according to Art. 57 of the Constitution of the Russian Federation inadequate does not have laws that establish new taxes or worsening taxpayer rights. The exceptions are criminal laws: they may have inverse, if they eliminate the punishability of act or soften the punishment. Limits actions of the regulatory act in space Determined by the territory on which its prescriptions apply. The regulatory act can act in space throughout the state, on some particular part of the country and (in some cases) outside the state. As a rule, the operation of regulatory and legal acts covers that territory that is subordinate to the state body, published by the regulatory and legal act. Thus, the territory of the Russian Federation includes the territory of all its subjects, internal waters (rivers, lakes, the inner sea) and the territorial sea, airspace over them. The regulatory legal acts of the Russian Federation also operate on the continental shelf and in the exclusive economic zone (200-mile coastal strip), which, in accordance with international law, are not included in the state. Regulatory acts can have a general nature, i.e., act with respect to all citizens and legal entities that are in the relevant territory, or addresses only some of them (veterans, pensioners, students, military personnel, etc.). However, this rule exists. A number of laws apply only to state citizens, they do not apply to stateless persons and foreigners. The order, in accordance with which the laws do not apply to one or another space or persons are called extraterritoriality. The heads of foreign states and governments, members of foreign state delegations, diplomatic and consular representatives of foreign states and their family members and members of their families fall under the principle of exterritoriality. They do not apply to criminal law and norms of legislation on administrative offenses. The question of responsibility of these individuals for their offenses is solved by diplomatic means: most often they are announced by non-Grata person, that is, an undesirable person, and sent out of the country.

All regulatory legal acts on legal strength can be divided into two groups:

1. Laws - These are regulatory acts possessing the highest legal force adopted in strictly defined special procedure by the highest legislative body of the state or subject of the federation and regulating the most important public relations.

Distinguish the following types of laws:

- Constitution

- Laws that are accepted on issues directly related to the Constitution.

- Federal Current Laws - these are acts of current laws dedicated to various sides of the socio-economic, political and spiritual life of society;

- laws of subjects of the Federation - these are laws that are published directly by representative bodies of the subjects of the Federation and distribute their effect on the corresponding territory

2. Waiting acts - These are law-pervant acts of commercial bodies, which are based on the law and do not contradict him. Summer acts have a smaller legal force in relation to the laws.

Substitutional acts include:

Regulatory and legal acts of the President of the Russian Federation (decrees, order);

Regulatory and legal acts of the Government of the Russian Federation (Order, Resolution);

Regulatory legal acts of ministries and other federal executive bodies (orders, instructions, position, orders);

Regulatory and legal acts of the state of the federation subjects.

Law: concept, signs, types.

law- This is the actual act of the legislative body, which has the highest legal force and aimed at regulating the most important public relations.

Law- This is an act of law-conducting, which has the highest legal force, aimed at regulating the most important public relations and is made in a special procedure to the highest legislative body of the state or the subject of the federation, or directly the people.



The main signs of the law:

1. He has the highest legal force, that is, it takes the main thing after the Constitution a place in the hierarchy of regulatory acts.

2. It is accepted only by the relevant competent legislative bodies of the state or the subject of Fed-Wait or directly the people.

3. Regulates the most important public relations in the field of economic, political, cultural, social and spiritual life.

4. Accepted in a special and officially approved pro-sunted manner.

5. It is generally obligatory. This implies that its norms must be respected and fulfilled by all state bodies, officials, citizens, public organizations, legal entities without exception.

Types of laws:

1. On the scope of action distinguish:

Federal laws;

Laws of the subjects of the Federation.

2. According to the subjects of lawmaking distinguish:

Laws adopted by the legislative body in the process of brass-novel activities;

Laws adopted by the people as a result of a referendum.

3. On the subject of legal regulation distinguish:consti-taiga, criminal law, civil law, etc.

4. By the deadline:

Constant;

Temporary.

5. According to their legal strength:

- Constitution - This is a fundamental regulatory act with the highest legal force, enshrining the fundamentals of the constitutional system, the rights and freedoms of a person and a citizen, the form of government and the state device, the establishment of federal state authorities.

- Federal Constitutional Laws - Laws that are accepted on issues directly related to the Constitution, as well as a base for current legislation.

- Federal laws.

- The law of the subject of the Federation.

Regulations.

Regulatory regulatory act(PNPA) - legal act of the state authority, which has a lower legal force than the law. It is not necessary to identify only with the state, since, for example, local self-government is not included in the system of state authorities - Article 12, Constitution of the Russian Federation - Russia.

Classification:

In the Russian Federation at the federal level to the sub-commercial acts include:

Decrees of the President of the Russian Federation;

Decisions and orders of the Government of the Russian Federation;

Acts of the Central Bank of the Russian Federation, ministries, state committees and other executive bodies;

Ruling chambers of the Federal Assembly of the Russian Federation;

Solutions of ships and arbitration courts.

By the scope of action:

General (operate in the territory of the whole state)

Local (operate in separate locality)

Departmental (act within the departments)

Local (Intorganization)

Individual (stand out if the existence of individual legal norms is recognized, for example, in the communicative theory of law).

By authorities publishing (as applied to the system of regulatory legal acts of Russia):

Decrees of the President of Russia;

Resolution of the Government of Russia, State Committees, Administrations;

Orders, instructions, instructions and other departmental local acts;

Decisions of representative bodies of local self-government.

Communicative theory also allocates domestic autonomous legal acts (Contracts and agreements), both priority and individual-regulatory, as well as all heteronal individual legal acts.

The subband regulatory act does not have to contradict the lawBecause on the hierarchy of regulatory legal acts (NPA), it is below the law and is a subtitle act, which should be understood literally.

Characteristic signs of regulatory acts is that:

1. They are made on the basis of the law.

2. They are taken into account.

3. They cannot contradict the law.

4. They have a smaller legal force in relation to the law.

Depending on the body that accepted the bypass normative act distinguishes:

1. General registering acts - These are regulatory and legal acts of total competence, the action of which applies to all persons within the country. With their help, state administration and coordination of the country's economic, political and socio-cultural life is carried out.

The main place in the system of common subtitual acts owned by ...

Decrees and regulations of the President as the head of state, which have the greatest legal force after the law and regulate the main directions of the internal and foreign policy of the state;

The acts of the government, made on the basis of and in the execution of laws and decrees of the president and decisive the operational issues of government economy, health, education, education, socio-cultural construction, etc.

2. Departmental regulations - These are regulatory acts that are accepted within their compence by ministries, government committees and other departments, are regulated, as a rule, public relations, which are within the competence of this executive structure (customs, transport, banking relations, issues of education , health care, etc.). Typically, such acts are published in the form of orders, instructions, decisions, orders, regulations, letters, instructions, charters and others.

3. Local regulations - These are the regulatory acts of the bodies of representative and executive bodies in the field (in areas, cities, towns, etc.). They are published by the host bodies of representative power and local authorities. The effect of these acts is limited to the territory subject to them and are mandatory for all persons living in a given territory. These can be decisions, orders, decisions of local governments.

4. Local (Intorganization) Regulatoryacts are accepted within their competence by the administration of enterprises, institutions, and distribute their effect on employees of the relevant enterprises.

  • Subject and methodology of the theory of state and law
    • The subject of the theory of state and law
    • Methodology (methods) of state and law theory
    • Place the theory of state and law in the system of humanitarian and legal sciences
  • The origin of the state and law
    • Characteristics of power in primitive society
    • Social norms of primitive society and ways of social regulation
    • The origin of the state
  • The concept and signs of the state
    • The concept, signs and essence of the state
    • State power, its properties and form of implementation
  • Theories of the origin of the state
    • Variety of theories of the origin of the state
    • The overall characteristics of the main theories of the state of state
  • Typology of state
    • The concept of the type of state, the criteria of typology
    • Formational approach to state typology
    • Civilization approach to state typology
    • The advantages and disadvantages of the formation and civilization approaches in the state typology
  • State functions
    • The concept of state functions, their signs and content
    • Classification of the functions of the Russian state
    • Forms of the implementation of state functions
  • Form of state
    • The concept of the form of the state and its main elements
    • Form of Board, Classification
    • Form of state device
    • State-political regime
  • Mechanism of state
    • The concept of the mechanism of state
    • Structure of the state mechanism
    • The state authority is the main element of the state mechanism
  • State in the political system of society
    • Political System: Concept, Basic Features, Types
    • The main elements of the political system
  • Legal State and Civil Society
    • The ratio of civil society and the legal state
    • Personality, right and state
  • Concept, signs, essence and content of law
    • Concept and main signs of law
    • Entity and content rights
  • Basic schools rights
    • Naturally legal concept. Historical school law. Regivistist law theory
    • Marxist law theory. Psychological theory of law. Sociological theory of law
  • Right in the system of social norms
    • Social norms: concept and types
    • Right, morality, customs and religious norms
    • Right, corporate and technical norms
  • Principles and functions of law
    • The concept, essence and classification of the principles of law
    • The concept, signs and characteristics of the functions of law
  • OUTHTERION, Legal Culture, Legal Consciousness
    • Concept, structure, functions and types of legal consciousness
    • Concept, structure, functions and types of legal culture
    • Legal education: concept, shape and methods
  • Norms rights
    • Concept, signs and structure of the rule of law
    • Classification of legal norms
    • Methods of presenting the legal norm in the articles of the regulatory legal act
  • Forms (sources) rights
    • The concept of form (source) of law
    • Legal custom
    • Legal precedent
    • Regulatory legal act
    • Regulatory contract and other sources of law
    • The effect of regulatory legal acts in time, in space and in the circle of persons
  • Powder
    • Concept, principles and activities of lawmaking
    • Stages and stages of the lawmaking process
    • Legislative technique
  • The system of law and the system of legislation
    • Concept and structural elements of the system of law
    • Based on the division of the right to the industry
    • Industries and Institutes of Law
    • Domestic and international law
    • The ratio of the system of law and system of legislation
    • Systematization of regulatory legal acts
  • Legal relations
    • Legal relationship: concept, signs, dynamics
    • Structure and maintenance of legal relations
    • Classification of legal relations
    • Legal facts and their classification
  • Implementation of the norms of law
    • Implementation of the right: concept and form
    • Application as a special form of realization of the right
    • Stages of application of law
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  • Interpretation of the norms of law
    • The concept of interpretation of the rules of law
    • Methods (species) interpretation of legal norms
    • Types of interpretation on subjects
    • Types of interpretation in volume
  • Collisions and gaps in the right
    • The concept of legal conflicts, their types and ways to eliminate
    • The concept of gaps in the right and ways to eliminate them
  • Legitimate behavior and offense
    • The concept and characteristics of legitimate behavior
    • Classification of legitimate behavior
    • Concept, signs and composition of the offense
    • Types of offenses
  • Legal responsibility
    • Concept, signs, grounds for legal responsibility
    • Functions of legal responsibility
    • Principles of legal responsibility
    • Circumstances excluding legal liability. Release grounds from liability
    • Types of legal responsibility
  • Legality, law enforcement, public order
    • The concept and principles of legality
    • Content of legality
    • Concept, signs, law enforcement structure
    • Content, form, functions and principles of law and order
    • Reliability of law and order, public order, legality
  • Legal regulation and its mechanism
    • The concept and limits of legal impact and regulation
    • Legal regulation mechanism: concept and elements
    • Methods, Types and Legal Regulation Modes
  • Legal systems of modernity
    • The concept and structure of the legal system, classification of legal systems
    • Anglo-Saxon Legal Family (General Law)
    • Romano-German Legal Family (Continental Law)
    • Legal families of religious and traditional law

Regulatory legal act

This is a legal act containing the rules of law and aimed at resolving certain public relations; This written document created as a result of the law-conducting activities of the competent state bodies or the entire people to establish or recognize the rules of law entering, changing or canceling general rules. M.N. Marchenko notes that all regulatory legal acts are state-owned in nature, their system is determined by the Constitution, they contain general regulations, in contrast to law enforcement acts, each state has its own hierarchy, i.e. "The system of location, coodus of regulatory legal acts."

The features of this source right are as follows:

  • this is an act of a regulatory nature (contains regulatory prescriptions);
  • this is a legal act (contains only rules of law, in contrast to the acts of regulatory content, such as instructions on the rules of operation of the equipment);
  • this is the act created as a result of the law-conducting activities of the state or on a referendum (legislative procedure, providing for the passage of the draft law in parliament, conciliation procedures, "reading laws", promulgation, etc.);
  • this is an act with a common party (designed for an indefinite circle of persons who are obliged to follow the prescriptions of this act);
  • this is an act drawn up in the form of an official state document (in compliance with the necessary details and indicating the procedure for entering into legal force);
  • this is an act in which the rules of law are grouped according to certain structural formations (articles, chapters, sections, etc.).

The regulatory legal act is the most common source of law, especially for the countries of the Roman-German (continental) system of law. It consolidates the majority of socially significant standards governing the most important public relations. Other sources of right with general regulation do not possess. Articles of regulatory legal acts clearly formulate the prescribed rules of conduct. In contrast to the regulatory legal act, legal precedents are casual character, and legal customs are an indefinite. Regulatory legal acts may be subject to rapid changes compared to other acts.

The system of legislation of any state is primarily characterized by division into laws and subtitle acts (according to legal strength). The grounds for dividing regulations on species are: legal force, nature and volume of action, content, subjects of publication, etc. The legal force of regulatory legal acts is the most significant feature of their classification. Acts of the highest law-conducting bodies have a greater legal force compared to the acts of the lower organs.

Sources of the rights of the Russian Federation can generally submit as a whole to the following system:

  • Constitution of the Russian Federation;
  • generally accepted principles and norms of international law and international treaties;
  • federal constitutional laws;
  • federal laws (codified and current);
  • decrees and orders of the President of the Russian Federation;
  • decisions, orders and conclusion of the Government of the Russian Federation;
  • acts of the chambers of the Federal Assembly of the Russian Federation (decree, regulations);
  • departmental acts (federal ministries, federal services and federal agencies, publishing orders, instructions);
  • acts of state bodies of subjects of the Russian Federation; Acts of local governments.

The law is in a special procedure and possessing the highest legal force regulatory legal act, expressing the state will on the main issues of social life. The law contains legal norms and is the main source of law.

The law is accepted only by the highest representative body or by the referendum, has the highest legal force and supremion but the relation to other sources of law, reflects the will and interests of the whole society, is issued on the most important issues of state and public life, it is accepted, changes and complemented in a special legislative manner. In some states, laws can be made not only by representative bodies, but also by the highest courts, in order of delegated law-conducting, on referendums. Laws are made on substantial issues of public life, in a special legislative manner, constitute the core of the entire legal system of the state, which causes the structure of the entire set of regulatory legal acts of the country.

No subtitle act can invade the sphere of legislative regulation. Thus, the primacy of laws, their highest legal force and the particular procedure for adoption are the most significant features. Change or cancel the law is entitled only to the authority that accepted it.

The classification of laws may have the following form:

  • by legal power (constitution, federal constitutional and federal laws);
  • on the scope of action (federal and subjects of the federation);
  • by business subjects (adopted on referendum or government authorities);
  • by industry belonging (constitutional, administrative, civil, etc.);
  • on the external form of expression (Constitution, Codex, Law, Charter);
  • for validity period (permanent and temporary);
  • in a circle of persons (distributing their action on foreigners, citizens, individuals without citizenship, persons of certain professions, etc.);
  • by time of entry into force (directly or from the date indicated in the law).

At the same time, it is necessary to take into account that constitutional laws, defining the legal framework and the constitutional system of the whole state, are founding and primary in nature, they have the highest legal force in relation to other laws and other acts, they are the regulatory framework (base) of all current legislation. The law of laws, primary regulatory regulation is the Constitution. The direct continuation of the Constitution, the details of its norms are constitutional laws. Ordinary laws can be codified or current. Among them may be the laws of a common, special or emergency.

Sharing regulatory legal acts are issued within the competence of the executive body of state power, they should not contradict the law, but they can specify it, develop, supplement. Warning acts have less legal force than laws, they are based on the legal force of laws.

According to the subjects of the publication and sphere of distribution, they are divided into common, local, departmental, intra-humanization.

1. General registering acts - These are the regulatory legal acts of the general competence bodies, the action of which applies to all persons of a certain state. These include the rule-making prescriptions of the highest executive authorities (decrees and orders of the President of Russia as acts of initial lawmaking, decree and order of the Government of the Russian Federation, which are regulated).

2. Departmental Regulations Regulatory Legal Acts Associated on the basis of the laws of the Russian Federation, the decrees of the President of the Russian Federation and the decrees of the Government of the Russian Federation. In accordance with them, regulate relations that are managed by a certain executive structure. But among them there are acts of a significant sphere of action (acts of the Ministry of Finance, Ministry of Internal Affairs, the Federal Tax Service, etc.).

3. Local (Regional) Regional Regulatory Legal Acts - These are acts of executive bodies in the field. They are published by the territorial bodies of state and management (regulatory decisions or decisions of the government of subjects, etc.).

4. Intorganizational regulatory regulatory legal acts Have another name - local acts. These are the regulatory legal acts published by various organizations to regulate their internal issues and extending to members of these organizations (various statutes and regulations, rules, collective agreements and other acts of commercial and non-commercial organizations).

Depending on the level of organs hosting the following hierarchy: Decrees and orders of the President of the Russian Federation, decree and disposal of the Government of the Russian Federation, acts of federal executive authorities (decree, orders, orders, instructions, regulations, rules), acts of the subject, acts Governments of the constituent entities of the Russian Federation (decree and disposal), acts of municipal executive bodies, local regulations, etc.

Local regulatory legal acts (LNA) are accepted in fairly wide spheres of public activity (statutes, provisions, instructions, etc.). Of particular importance, they acquired in organizations to regulate relations between the employer and employees. In market economic relations, collective agreements, labor protection agreements and other acts of joint rule-making acquire a large regulatory importance. Local regulatory acts also include the orders of the employer and the administration of organizations adopted within their competence.

Local regulatory legal acts belong to the category of sub-banner sources of law at the lowest level of legal regulation. They have a limited scope of action and should not contradict the laws and other subtitle acts.