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What documents are normative acts. Legal act - the main nuances. Normative act as a source of law

The normative legal act (NLA) is the main source of law in the modern state.

Regulatory legal acts are issued mainly by state bodies that have the appropriate competence in this area. The procedure for issuing NLA is strictly regulated.

The concept and features of a normative legal act

NLA is an official document containing the legal norms governing public relations. By adopting a normative legal act, the state thereby makes its will obligatory.

The normative legal act has the following features:

  1. aimed at regulating social relations in various spheres of society;
  2. is created as a result of the law-making process by the relevant authorized state bodies;
  3. is official;
  4. This is an official document with special details:
    • the name of the act (for example, law, resolution, order);
    • the name of the state body that adopted this document (state duma, president, government, ministry);
    • date of adoption of the act, its number, as well as the place where it was adopted.
  5. legal acts constitute a single legislative system of society;
  6. contains rules of law that are binding on the state;
  7. has a strictly regulated procedure for adoption, publication, entry into force. All legal acts must be in without fail brought to the attention of citizens;
  8. has a certain internal structure: sections, chapters, articles;
  9. its execution is guaranteed by the coercive power of the state.

Normative legal acts are classified on various grounds:

  1. According to the subject of lawmaking, i.e. Who is the initiator of this NPA:
    • state body;
    • public organizations;
    • people ().
  2. By area of ​​distribution:
    • federal legal acts;
    • acts of subjects of the Russian Federation;
    • acts of municipal bodies;
    • local legal acts of organizations, institutions, etc.
  3. By their duration:
    • acts adopted for an indefinite long period of time;
    • temporary acts (for a certain period).
  4. By legal force: This is the most significant feature of the classification, as it determines the significance of legal acts in the system of legal regulation.

    In accordance with the laws of rule-making, legal acts of higher bodies have legal precedence (superior legal force) in comparison with acts of lower bodies. Those. the latter are obliged to issue legal acts on the basis of and pursuant to the legal acts of higher authorities.

    On this basis, NLAs are divided into laws and by-laws.

Laws

Therefore, in the classical understanding of the continental system of law, judicial acts are still not a source of law, but are an explanation of the application of already existing norms, taking into account their contradictions or gaps in legal regulation.

According to the legal force, normative acts are divided into two large groups: laws and by-laws.

Regulations in Russia are divided into:

1) Depending on the peculiarities of the legal status of the subject of lawmaking on:

normative acts of state bodies;

normative acts of other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.);

normative acts of a joint nature (state bodies and other social structures);

normative acts adopted at the referendum;

2) depending on the scope, on:

federal;

normative acts of the subjects of the Federation;

local governments;

local.

3) depending on the validity period, for:

indefinitely long-term action;

temporary.

A law is a normative act that has the highest legal force, adopted in a special manner by the highest representative body. state power or directly by the people and regulating the most important social relations.

Laws can also be adopted at referendums - in the course of a special procedure for direct, direct expression of the will of the population on one or another, as a rule, major issue in public life. The content of the law, as a rule, regulates the most important social relations.

The law, like any normative legal act, has certain features:

  • 1. Law is a legal document containing the rules of law.
  • 2. The law is the result of the law-making activity of the highest body of state power (parliament, monarch, etc.) or the entire people.
  • 3. The law regulates the most significant, typical, stable relations in society.
  • 4. The law has the highest legal force, which is manifested in the impossibility of its cancellation by another body, except for the one that adopted it, and also in the fact that all other legal documents should not contradict the content of the law.
  • 5. The law is a fundamental legal document. It serves as a base, basis, guideline for the rule-making activities of other state bodies, courts.

Considering the law as a normative legal act - a source of law, it is necessary to distinguish it from individual acts containing individual instructions on specific, “one-time” issues, for example, appointment to a position, instructions to transfer property and from interpreting acts, acts of interpretation, i.e. acts that provide only an explanation of the existing norms, but do not establish new norms.

Laws in a democratic state must take first place among all sources of law, be the basis of the entire legal system, the basis of legality, a strong legal order.

Laws are divided into:

  • a) the constitution, constitutional;
  • b) ordinary.

Constitutional laws include, first of all, laws that introduce amendments and additions to the Constitution, as well as laws, the need for the publication of which is provided directly by the constitution. The Constitution of the Russian Federation of 1993 named fourteen such constitutional laws. An example of the latter would be laws on the Government Russian Federation(Article 114), on the Constitutional Court of the Russian Federation (Article 128), on changing the constitutional and legal status of a subject of the Russian Federation (Article 137 of the Constitution of the Russian Federation) . For constitutional laws, the procedure for their passage and adoption in the Federal Assembly is more complicated than for ordinary laws. An adopted constitutional law cannot be vetoed by the President (Article 108 of the Constitution of the Russian Federation).

Ordinary laws - these are acts of current legislation devoted to various aspects of the economic, political, social, and spiritual life of society. They, like all laws, have the highest legal force, but they themselves must comply with the Constitution, constitutional laws.

Ordinary laws, in turn, are divided into codification and current. Codification includes the Fundamentals (Basic Principles) of the legislation of the Russian Federation and codes. Fundamentals is a federal law that establishes the principles and defines general provisions regulation of certain branches of law or areas of public life. The Code is a law of a codification nature, in which, on the basis of common principles, norms are united that regulate a certain area of ​​social relations in sufficient detail. The code most often refers to any one branch of law (for example, the Criminal Code, the Code of Civil Procedure, the Code of Administrative Offenses).

In a federal state, which is Russia, federal laws and laws of subjects of the Federation are distinguished. So, in addition to the federal law "On the languages ​​of the peoples of the Russian Federation" in a number of republics (Karelia, Kalmykia, etc.) that are part of the Russian Federation, their own laws on languages ​​have been adopted. Federal laws apply, as a rule, throughout the territory of the Federation. In the event of a discrepancy between the law of a subject of the Federation and the law of the Russian Federation, the federal law shall apply.

Constitution as a fundamental constituent legal act of the country - this is the main, "title" law that determines the legal basis of the state, principles, structure, main characteristics political system, the rights and freedoms of citizens, the form of government and state structure the justice system, etc.

In the Russian Federation, the Constitution adopted at the referendum on December 12, 1993 is currently in force. The Constitution of the Russian Federation, in addition to a brief preamble, contains the main, first, section of nine chapters:

  • 1. Fundamentals of the constitutional system.
  • 2. Rights and freedoms of man and citizen.
  • 3. Federal structure.
  • 4. President of the Russian Federation.
  • 5. Federal Assembly.
  • 6. Government of the Russian Federation.
  • 7. Judicial power.
  • 8. Local government.
  • 9. Constitutional amendments and revision of the Constitution.

The special (second) section of the Constitution of the Russian Federation contains final and transitional provisions.

The very concept of "constitution" in translation from Latin means the establishment, institution, device. AT Ancient Rome so called individual acts of imperial power.

The Constitution, as already noted, is the main source of law, containing the initial principles of the entire system of law. It has the highest legal power. The supremacy of the Constitution as the Basic Law is manifested in the fact that all laws and other acts of state bodies are issued on the basis of and in accordance with it. Strict and exact observance of the Constitution is the highest standard of behavior for all citizens, all public associations, all state bodies.

In accordance with the Constitution, constitutional laws, also devoted to the legal foundations of the state, the political system. Constitutional laws are adopted on issues provided for by the Constitution (for example, the Law on the state of emergency, the Law on the procedure for the activities of the Government). A federal constitutional law is considered adopted if at least two-thirds of the total number deputies of the State Duma and if it is approved by a majority of at least three-quarters of the total number of deputies of the Federation Council. The adopted federal constitutional law is subject to signing by the President of the Russian Federation and promulgation within fourteen days.

Among the laws should be distinguished:

  • a) federal laws - those passed by the federal legislature - Federal Assembly- and apply to the entire territory of the Russian Federation,
  • b) laws of the subjects of the Federation (republican laws, laws of regions, territories) - those that are adopted in accordance with the distribution of competence by the republics, other subjects of the Federation and apply only to their territory.

The division of laws into branches of law is important. In accordance with this, sectoral laws should be distinguished . The most significant role in the legislative system (after constitutional laws) is played by: administrative laws; civil laws; marriage and family laws; criminal laws; land laws; financial and credit laws; labor laws; laws on social security; procedural laws; environmental laws. In addition to sectoral laws, there are intersectoral laws, which contain the norms of several branches of law (for example, laws on health care, which contain norms of administrative, civil, and other branches of law).

The body of laws constitutes legislation. Therefore, when they talk about legislative acts, it means that they are talking about a system of laws in the narrow sense, and when they talk about acts of legislation, they can talk not only about laws.

Along with the most common form - the presentation of the law in a separate, separate written act - the theory of law also distinguishes normative legal acts in the form of codes (collections, lists - lat.). Civil, criminal, family, labor and other codes are collections that combine a vast set, a system of legal norms, according to a single subject of regulation and, as a rule, a method.

Code (codified act) is a single, consolidated, legally and logically integral, internally agreed law, another normative act that provides complete, generalized and systemic regulation of this group of social relations.

Codified acts have various names - "codes", "charters", "regulations", simply "laws".

Essential in each code (codified act) are the “general part” or “general provisions”, where the initial principles and norms, the general principles and the “spirit” of this branch of legislation are fixed.

Industry codes play the main role in the system of legislation , those. codified acts leading the relevant branch of legislation. These codes are collected into a single focus, bringing together the main content of a particular legislative branch. All other laws and other normative acts of the given branch are, as it were, adjusted to the branch code. In part one of the Civil Code of the Russian Federation it is directly stated: "The norms of civil law contained in other laws must comply with this Code."

In a number of cases, laws on certain issues, for example, on issues of property, collateral, were previously issued as independent acts because that consolidated act - the code (Civil Code), in which these problems should have received detailed and systemic regulation, had not yet been adopted. . It is therefore quite understandable, for example, that after the adoption of the Civil Code (part one), most of the previously adopted individual laws were repealed.

By-laws are acts issued on the basis and in pursuance of laws that contain legal norms.

By-laws have less legal force than the laws based on them. By-laws are also very important in the life of any society, playing an auxiliary and detailed role.

There are the following types of by-laws:

  • 1. Regulatory legal acts of the President of the Russian Federation. The president is the head of state, and in accordance with this, the regulatory legal acts (decrees) issued by him take the next place after laws and are also binding on the entire territory of the Russian Federation. In the event of a contradiction between the decree of the President of the Constitution and the laws of Russia, on the basis of the conclusion of the Constitutional Court of the Russian Federation, the decree becomes invalid. Compared to laws, decrees are adopted relatively quickly and come into force.
  • 2. Regulatory legal acts of the Government. The Government of the Russian Federation exercises executive power in the country and, realizing this task, adopts resolutions and issues orders. Decisions having a normative nature or the most importance are issued in the form of resolutions.
  • 3. Normative legal acts of ministries and other federal executive bodies (departments). Their peculiarity lies in the fact that ministries and departments can issue orders and instructions containing the rules of law, in cases and within the limits provided for by the laws of the Russian Federation, presidential decrees, and government decrees. Therefore, the issuance of any departmental act should be based on a special instruction from higher authorities, although in practice it often happens otherwise.

The acts of this group are very numerous and varied. These include orders and instructions, resolutions, regulations, letters, charters, etc.

These acts come into force 10 days after the date of their official publication in the Rossiyskiye Vesti newspaper or in the Bulletin of Normative Acts of Federal Executive Authorities.

4. Normative acts of state authorities of the subjects of the Federation. Local regulations. The bodies of power and administration of the subjects of the Federation, solving the problems that confront them, and according to their competence, make decisions, putting them in a legal form. Normative legal acts issued by them apply only to the territories of the respective regions.

In the theory of law, local regulations are also called legal documents containing the rules of law adopted by the subjects of management at an enterprise, organization, etc. Territorial, regional administrations of subjects of the Federation (in some regions - the government) have the right to adopt resolutions, orders, orders. The head of the administration may issue resolutions and orders on issues within his competence.

There are also local acts of state and non-state institutions and organizations of various forms of ownership. For legal registration, legal institutionalization, these organizations create various legal acts: orders issued by the head of the organization, charters and regulations on the basis of which they carry out their activities. Such acts form the lower level of by-laws and in most cases, in order to acquire legal force, must be registered with the relevant municipal authority. For example, the charter of a limited liability company (or other similar organization) becomes legally effective only after registration with state authorities.

Types of by-laws:

1) decrees of the President of the Russian Federation - by-laws of the highest legal force;

2) resolutions of the Government of the Russian Federation - acts of the executive body of the state, endowed with broad competence in managing social processes;

3) orders, instructions, regulations of ministries, departments, state committees regulate, as a rule, social relations that are within the competence of this executive structure;

4) decisions and resolutions of local government bodies;

5) decisions, orders, resolutions of local authorities government controlled;

7) local regulations - these are regulations adopted at the level of a particular enterprise, institution and organization (for example, internal labor regulations).

2. Depending on the peculiarities of the legal status of the subject of lawmaking, all normative acts are divided into:

Normative acts of state bodies;

Normative acts of other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.);

Normative acts of a joint nature (state bodies and other social structures);

Normative acts adopted by referendum.

3. Depending on the scope of the normative acts are divided into:

federal;

Normative acts of the subjects of the Russian Federation;

Normative acts of local governments;

Local regulations.

4. Depending on the period of validity, normative acts are classified into:

Normative acts of indefinite duration;

Temporary regulations.

Types of laws:

Ordinary (current) laws are all other legislative acts adopted by Parliament.

Laws can be classified and for other reasons. So, depending on the subject of legislation, they can be divided into laws adopted by the people through a referendum, and adopted by legislative bodies.

Signs of the law:

1) The law is a kind of normative legal acts, therefore, it has all the features of normative acts, as well as legal acts in general.

2) The primary nature of the law means that it comes from a representative law-making body, therefore, in one way or another expresses the will of the people. Therefore, the law is primary in relation to all other regulations, as well as to all other legal acts; all other acts are derived from the law, issued on its basis. The primary nature of the law means its "self-sufficiency", it does not need other grounds for functioning, on the contrary, it itself is the basis for all other acts and all legal activities in the state.

3) The highest legal force is the most important feature of the law. The supreme legal force of the law means that all other legal acts are issued, firstly, on the basis of the law; secondly, in keeping with the law; thirdly, they cannot contradict the law.

4) Laws are adopted in a special manner, regulated in detail by the constitution and legislative acts. Compliance with the procedure for passing the law - necessary condition their legal force, the slightest violation of this procedure leads to the legal nullity of the adopted act. The procedure for adopting a law is more complicated than lawmaking differs from other types of lawmaking.

5) Laws are adopted by the highest representative (legislative) bodies of the state, only these bodies have the right to make laws. This order should emphasize the significance of the law, its special role and place in the system of legal acts.

6) The law must regulate the most important social relations. Everything changeable, transient, not having a constitutive value should be reflected not in the law, but in by-laws. The most important public relations include, first of all, the interaction of citizens and state bodies, the powers of state bodies, their classification, etc.

Laws are diverse and therefore need to be classified. The criteria for this classification are due to the peculiarities of regulated relations, the originality of the subject of lawmaking, the addressee, the territory in which they operate, etc.

Special interest represents the division of laws depending on their obedience in the system of current legislation. On this basis, constitutional and current laws are distinguished.

Constitutional laws set the foundations social and state system, serve as a legal basis for current legislation. These include: the Constitution and laws that make changes and additions to it, as well as laws that specify its content.

The constitution is the fundamental law of the state. Its essence lies in the fact that it reflects the alignment of political forces in society, legally fixes the balance of their interests. Distinguish between actual and legal constitutions. The actual constitution is the real relations in society. The legal constitution is the legal formalization of these relations.

The constitution takes center stage in the system of normative legal acts, which is determined by its special properties and special role. The priority significance of the Constitution lies in the fact that it, as an act of supreme legal force, constitutes the normative base of all current legislation. Its significance increases even more in federal states, where it is the basis for the development of not only current laws, but also the constitutions of the subjects of the Federation.

By doing directly regulatory function, the Constitution is designed to ensure the internal unity of the norms of the national legal system and effective legal ties with foreign legal systems.

List of constitutional laws exhaustively defined by the Constitution of the Russian Federation. These are: laws on the procedure for the activities of the Government of the Russian Federation, the judicial system, the Constitutional Court, the state of emergency, the martial law regime, etc. (there are 14 in total).

Directly enshrined in the Constitution these acts, the range of relations regulated by them, the complicated procedure for adoption (mandatory approval by at least 3/4 of the votes of the members of the Federation Council, the impossibility of imposing a veto on them by the President) determine their central place in the system of current legislation and increased legal force.

Current (ordinary) laws are adopted on the basis of and in pursuance of constitutional laws, draw up current legislation and regulate various aspects of the economic, political, and cultural life of the country.

A special kind of current laws are organic and emergency laws.

Organic (codified) laws- legally integral, internally agreed acts that differ high level normative generalizations and designed to comprehensively regulate a certain area of ​​public life. Such laws may include the Fundamentals of Legislation and codes on various branches of legislation.

Extraordinary (exceptional) laws taken under certain emergency circumstances caused by natural, environmental, social and other reasons, are temporary.

5. The concept of a by-law normative legal act: its types and characteristics.

By-law normative legal act- this is a kind of normative legal act issued by the authorized body on the basis and in pursuance of the law, in accordance with the law for its further specification and development.

: firstly, fixing in the constitution, law or other normative legal act the authority for a certain body to issue normative legal acts based on the law, as well as the scope of law-making competence and types of normative legal acts corresponding to this competence. Secondly, in determining the legal force and basis for issuing a by-law normative legal act, special legal formulas. Such as "on the basis of and in pursuance of the law", "should not contradict the law", "in accordance with the law", etc., one of the main properties of the acts of this group is that the system of by-laws has a hierarchical structure.

In the system of normative legal acts, in addition to laws, there are many other types of normative acts, conditionally united by the concept of "by-law normative legal acts". By-laws are designed to develop and specify the provisions of laws, as well as to comply with them. Sub-legislative normative legal acts contain a significant part of all legal prescriptions.

The existence of this group of regulations associated with the implementation of the principle of separation of powers. In addition to the legislative power, formed on the basis of the direct election of its representatives by the people and endowed with the right to make laws, the state must have an executive power that executes these laws, as well as a judiciary that administers justice based on laws. The independence and autonomy of each branch of government is conditioned by the right to adopt "their own" legal acts.

The main features of this concept are:

Firstly, fixing in the constitution, law or other normative legal act the authority for a certain body to issue normative legal acts based on the law, as well as the scope of law-making competence and types of normative legal acts corresponding to this competence. In the Russian Federation, this issue is not clearly and exhaustively resolved either in the Constitution, or in laws, or in other normative legal acts. This causes frequent violations of the law in the law-making sphere by various law-making bodies when issuing by-laws.

Secondly, in determining the legal force and basis for issuing a by-law normative legal act, special legal formulas are used. Such as "on the basis of and in pursuance of the law", "should not contradict the law", "in accordance with the law", etc. All these legislative formulas have different meanings, fixing different degrees of dependence of subordinate normative legal acts on laws.

Thirdly, in this group of acts, the norms of laws are mediated by reproduction, addition, concretization, development, detailing and other forms.

To the fourth feature By-law normative legal acts can be attributed to the fact that they are characterized by a simplified procedure for the adoption, publication and enforcement in comparison with the law, therefore they respond faster and more quickly to changes in the life situation, more effectively adapt to changing reality. The norms of by-law normative legal acts, for the most part, are norms of specific significance in relation to the norms of laws, which are norms of generic significance.

Of this fifth sign it follows that the body issuing the by-law normative legal act, as a rule, adopts the norm of specific meaning in the presence of the norm of generic meaning, due to which the further development of the norms of laws takes place with the help of the norms of by-laws normative legal acts.

At sixth, subordinate normative legal acts are characterized by a high degree of heterogeneity, conditionally combined into one general group. All these acts have different legal force, have different names and forms of publication.

Another, one of the main properties of the acts of this group, is that the system of by-laws has a hierarchical structure based not so much on the hierarchy of bodies, but on the normatively fixed position of the normative legal acts of a particular body in the system of all normative legal acts of the Russian Federation. Federation.

Thus, different types of subordinate normative legal acts have different legal force, different form, but all of them, for the most part, are hierarchically dependent on the law. These are acts of a special legal quality, all of them are "under" the law. The prefix "under" in this term indicates the subordinate position of one object from another. In a special legal sense, the prefix "under" in the term by-law means their systemic dependence, the hierarchical property of being at least one step, one level, but below the law, located under the law.

However, the sublegality of this group of normative legal acts does not at all mean that they are legally "optional". All these acts have the necessary legal force, they, like laws, are binding. The only difference is that their legal force does not have that supremacy, as is typical, for example, for federal laws.

In addition to hierarchical dependence, there is also a material (substantive) dependence of all subordinate normative legal acts on the law, which is expressed in the fact that the law regulates all the most important, fundamental relations (primary regulation), and all other relations are regulated by all other normative legal acts of lesser legal force ( secondary regulation).

The existence of the sphere of secondary regulation is due to the fact that after the adoption, for example, of a federal law, bodies endowed with different competences issue norms of more detailed regulation, without which it is impossible to implement the prescriptions of federal laws. In addition, norms are also adopted that distribute responsibilities between various departments, services for the timely execution of the federal law, the procedure for interacting with citizens, priority forms of this interaction, and procedural issues of making legal and managerial decisions.

Legal act - it is an act of law-making, which contains the rules of law.

signs:

1. A normative act is issued by the competent state bodies in a certain procedure, this document is of a state-imperious nature, its execution, if necessary, is ensured by measures of state coercion.

2. A normative act has legal force - the property to actually act, to generate legally binding consequences. The legal force depends on the place of the law-making body in the apparatus of the state, on its competence.

3. The normative act is documented - has the established form and details: official name and name, number, date of adoption and entry into force, indication of the body that adopted this act, the place of official publication.

4. The normative act contains the rules of law - rules of conduct of a general nature, as indicated by the title of this document.

Types of regulatory legal acts:

1)By legal force: laws, by-laws.

2)By scope:

External action - aimed at streamlining external in relation to the state body that issued them,

Internal action - regulations governing intra-organizational relations within a given department or public institution(local, regulations).

3)Depending on the area of ​​operation:

General - operate throughout the state,

Local - operate on part of the territory of the state.

4)Depending on the duration: indefinitely long, temporary.

5) By subjects of lawmaking:

acts of the legislature,

acts of the judiciary,

Executive acts.

6) According to the scope and nature of the action:

Acts of general action - cover the entire set of relations of a certain type in a given territory,

Acts of limited scope - apply to a strictly defined category of persons.

LAW is a normative legal act, adopted in a special manner, on the most important issues of public and state life and has the highest legal force.

Signs of the law:

1) is adopted by the highest representative bodies of the state or by the people themselves as a result of a referendum.

2) are taken on the main most significant issues of public life.

3) are adopted in a special legislative order.

4) has the highest legal force: all other legal acts must proceed from the laws and not contradict them, in case of discrepancy between the act and the law, the law shall apply.

Types of laws:

1. Depending on regulated public relations :

-Basic Laws- regulate the foundations of the social or state system, establish the fundamental rights, freedoms and duties of a person and citizen, determine the principles for the formation and operation of state bodies, they serve as the basis for all legislation.

-constitutional-laws supplementing the constitution, or laws issued on certain most important issues specified in the constitution.

-organic laws- determine the order of organization and activities of state bodies on the basis of blanket articles of the constitution, or all laws to which the constitution refers.

-Ordinary laws- all other legislative acts adopted by the parliament, normative legal acts of the current legislation regulating various aspects of the economic, political, social life of society.

BY-LEGISLATION is a normative act issued on the basis of and in accordance with the law (all other acts except laws).

The sublegality of normative acts does not mean that they are less legally binding, they have the necessary legal force, however, the legal force does not have the same universality and supremacy as is typical for laws that dominate all other normative acts.

By-laws are diverse and differ in their legal force. The legal force of by-laws and their scope depends on the place of the state body that issued the act in the state apparatus and its competence.

Types of by-laws:

1) The most important by-laws are general acts, that is, such acts apply to all persons within the territory of the country:

a) presidential orders

b) resolutions and orders of the government (regulate issues of state management of the economy, education, health, etc.).

2) Restricted - general by-laws, that is, such acts that, in accordance with the competence of the bodies that issued them, are binding on everyone, but are distributed in a spatially limited framework, that is, within a certain territory (region, region, city):

a) acts of state regional and local municipal bodies (acts of compulsory medical insurance cannot be canceled by national bodies and bodies of subjects of the federation, they can only be appealed in court).

b) departmental acts issued within the competence of a particular department (orders, instructions, apply only to a limited area of ​​public relations - customs, transport, banking, etc.);

c) local acts - regulate activities within the organization and apply to members of this organization (charters of organizations, internal labor regulations, collective agreement).

Structure of NPA:

External attributes that indicate the proper execution of the normative act and the legal force of its provisions: the name of the normative act and the body that adopted it; indication of the place and date of adoption of the normative act; authentication signature of the person who approved the act; registration number of the normative act. The name of the normative act determines its subject, the range of regulated relations (from a legal point of view, an indication of the body that adopted (issued) the normative act determines the spatial scope of this act, its legal force and place in the hierarchy of the current legislation).

Marked requisites (with the exception of the title) are a necessary attribute of any normative act. Their significance lies in the fact that they individualize the act, distinguish it from the totality of other acts; contain the necessary information about the body that adopted the act; certify the authenticity of a normative legal act.

Any normative act (more precisely, its normative content) is distinguished by a specific rubrication, that is, an internal breakdown (arrangement) into certain parts: preamble, sections, chapters, articles, paragraphs. Accordingly, a normative act consists of a preamble and a normative content.

Preamble represents a kind of methodological key to understanding, interpreting and applying the provisions contained in individual sections, chapters, articles of the act.

Unlike other elements of the act, the preamble: a) does not contain independent normative prescriptions; b) is not divided into articles; c) does not have references to other legislative acts that are subject to recognition as invalid and changes in connection with the issuance of a legislative act; d) does not contain legal definitions; e) does not formulate the subject of regulation of the draft law; d) not numbered. The preamble always precedes the text of the normative act.

Normative content of the act is a set of those norms, rules that are contained in it. The norms in the text of the normative act are structured in a certain way into: sections (the largest subdivision, consisting of several chapters); chapters that combine several articles (as a rule, sections, chapters, sometimes paragraphs, and articles have their own title and digital information) and articles (paragraphs).

An article is the main structural unit of a normative act. It has a serial number, denoted by Arabic numerals; and usually a title. The article is divided into parts. Parts of the article are indicated by Arabic numerals with a dot, subdivided into paragraphs, indicated by Arabic numerals with a closing parenthesis. In turn, items can be subdivided into sub-items, denoted by lowercase letters of the Russian alphabet with a closing parenthesis. In rare cases, parts, paragraphs and subparagraphs of an article may be divided into paragraphs (as usual, no more than five are allowed). This restriction, however, does not apply to articles containing lists of the main concepts used in the bill.

The numbering of articles, chapters, sections and other structural units of a legislative act must be continuous. At the same time, the following is not allowed: separate numbering of articles of each chapter or chapters of each section; changing the numbering of parts, sections, chapters, articles of a legislative act when changes are made to it and the structural units of the legislative act are declared invalid; changing the numbering of parts of articles, paragraphs and the letter designation of subparagraphs of parts of articles of a legislative act when changes are made to it and the structural units of an article of a legislative act are declared invalid.

Rule of law- this is a universally binding rule of conduct expressed in laws or other sources of law, protected from violations by measures of state coercion.

Types of legal norms:

  • Regulatory - establish subjective rights and obligations (the procedure for entering into marriage).
  • Protective - establish the conditions for the application of measures of state-coercive influence (moral damage).
  • Obligatory - oblige to perform certain actions (fare).
  • Authorizing - provide an opportunity to perform certain actions (to file a lawsuit in court).
  • Forbidding.

Regulatory act- an official act issued by a state body, which contains the rules of law. It is the main source of law in the Russian Federation. A normative legal act is characterized by a number of features:

  • contains rules of law;
  • comes from the state or from organizations to which the state has transferred this right;
  • is accepted in accordance with a certain procedure and has a predetermined legal effect;
  • has signs of an official written document: the name of the act, an indication of where, when and by whom it was adopted; the presence, if necessary, of the signature of the relevant official and registration number;
  • has clear temporal, spatial and subjective limits of action.

The effect of a normative legal act in space is determined by the territory within which it has legal force.

The action of a normative legal act in time is determined by the moment the act enters into legal force and the moment it is terminated.

The effect of normative acts on the circle of persons is determined by the circle of subjects to which the act applies, unless otherwise specified in the law itself. By general rule all subjects of law located on the territory of the state fall under the scope of its legislation.

All issued regulatory legal acts are interconnected and are in a strict hierarchy. This hierarchy serves as the basis for their classification. The leading classification criterion is the legal force of a normative legal act. It indicates the place of the act, its significance, its supremacy or subordination, depends on the position and role of the body that issued the act. There are the following types of regulations:

Types of laws:

  • The Constitution (the law of laws) is the fundamental constituent political and legal act that fixes the constitutional order, the rights and freedoms of man and citizen, determines the form of government and state structure, and establishes the federal bodies of state power;
  • federal constitutional laws - are adopted on issues provided for and organically related to the Constitution of the Russian Federation (for example, federal constitutional laws on arbitration courts, on military courts, on the Constitutional Court of the Russian Federation, on the judicial system, on a referendum, on the Government of Russia, etc.) ;
  • federal laws are acts of current legislation devoted to various aspects of the socio-economic, political and spiritual life of society (for example, the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Family Code of the Russian Federation, etc.);
  • laws of the subjects of the Federation - are issued by their representative bodies and their effect applies only to the relevant territory (for example, the law of the Saratov region on municipal service in the Saratov region, on social guarantees etc.).

Types of by-laws:

  • decrees of the President of the Russian Federation - by-laws of the highest legal force;
  • resolutions of the Government of the Russian Federation - acts of the executive body of the state, endowed with broad competence in managing social processes;
  • orders, instructions, regulations of ministries, departments, state committees, as a rule, regulate public relations that are within the competence of this executive structure;
  • decisions and resolutions of local government authorities;
  • decisions, orders, resolutions of local government bodies;
  • normative acts of municipal bodies;
  • local regulations are regulations adopted at the level of a particular enterprise, institution and organization (for example, internal labor regulations).

Since a law is an act adopted in a special manner, attention should be paid to the process of creating a law, i.e. legislative process. It includes several consecutive steps:

  • Legislative initiative- an official proposal from authorized persons or state bodies (deputies, president, government) to adopt one or another regulatory legal act by submitting draft laws to the legislature that are subject to mandatory consideration.
  • Draft discussion- carried out in a law-making body, as a rule, in several readings.
  • Law passed- occurs at a meeting of the legislature by casting votes "for" or "against".
  • Publication (promulgation) of the law- i.e. making its content known to the public. The publication of a law usually consists of the signing of the adopted law by the head of state and its subsequent official publication.