Parting 

Sylvester sergey timofeev funeral. (photo) The murder of the leader of the Orekhovskaya organized crime group Sylvester is solved. Sergei Timofeev: biography

LEGAL ACT- an official written document that has binding force, adopted by an authorized subject of law, expressing authoritative decrees, generating certain legal consequences, creating a legal state and aimed at regulating social relations.

P.a. certain persistent features are inherent:

a) it written document a certain kind, having a special form of expression of the information contained in it. This form assumes: structuring the text of the act and its construction according to the rules of legal technique (chapters, articles, elements, norms, etc.); formulating rules of conduct of a long-term or one-time nature; normative language; use of specific legal concepts and terms; compliance with the mandatory details inherent in each act;

b) has official character, which is manifested in its publication on behalf of the body, organization or state;

c) edition of P.a. allowed strictly within the competence the subject authorized to accept it;

d) has target orientation. It expresses social interests in a concentrated form. An act can express the state will (if the act is issued on behalf of the state), the will of the social community (the population of a particular territory), an imperious command (if the act is issued by a state body), consent and equal partnerships;

e) intended to regulate public relations;

e) is universally binding;

Possible different classifications P.a. based on certain criteria.

By legal form the following types of P.a. can be distinguished: a) the Constitution of the Russian Federation, the charter of the subject of the Russian Federation; 6) law with subtypes - FKZ, FZ, code, general (basic) principles, fundamentals of legislation, federal law on ratification of an international treaty, federal law on amendments and changes to the Constitution of the Russian Federation, law of a constituent entity of the Russian Federation; c) resolution and other acts of legislative bodies; d) decree and order of the President of the Russian Federation, senior officials of the constituent entities of the Russian Federation; e) resolution, order and other acts of the governments of the Russian Federation and its subjects; e) departmental P.a. with subspecies (acts of federal ministries, state committees and other federal executive authorities, executive authorities of the constituent entities of the Russian Federation); g) P.a. self-government with subspecies of acts of local self-government and acts following the results of elections and referendums; h) local (corporate) acts; i) decisions of courts and supervisory authorities; j) public law contracts and agreements; k) programs and declarations; l) regulations and charters; m) international legal acts.

Based on their normative nature: . subdivided into normative legal acts, i.e. P.a., containing the rules of law governing a certain area of ​​social relations, and individual legal acts that give rise to rights and obligations only for those subjects to whom they are addressed.

By design method act and giving it legal force: a) primary acts - laws, regulations, etc., directly acquiring legal force, put into effect, and b) secondary (approved) acts, which include, for example, instructions approved by order minister, regulation approved by the decision of the head of administration, etc.

Regulatory legal act - an official document of the established form, adopted (issued) within the competence of the authorized state body (official) or by referendum in compliance with the procedure established by law, containing generally binding rules of conduct, designed for an indefinite circle of persons and repeated application. A normative legal act is an act of law-making, which is adopted in a special order, by strictly defined subjects and contains a rule of law.

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

Enforcement act- the official will of the authorized state body or official, aimed at the individual legal regulation of public relations.

Law enforcement acts are the result of law enforcement activities.

They can act in the form of decrees, orders, commands, sentences, court decisions, instructions, various kinds of orders and other acts. Among law enforcement acts, the most complex in structure and content are court decisions.

Signs of a law enforcement act:

1. Sub-legislative nature . Law enforcement acts are issued on the basis of legal norms and must comply with them.

2. State-imperious character . Law enforcement acts are issued on behalf of the state by authorized state bodies and officials within their competence. The state controls the execution of the law enforcement act, applying, if necessary, coercive measures. On the other hand, there is the possibility of appealing (protesting) law enforcement acts to a court or a higher state body.

4. Individual legal character . Law enforcement acts contain specific instructions designed for a single application in a specific, actual situation. They are always addressed to specific recipients and are limited to a single application.

5. Formalized character . We are talking about strict observance of the prescribed stages and procedures for the preparation, examination, and issuance of law enforcement acts. Each act is issued in a certain form, has an appropriate name and mandatory details.

Interpretive act (act of interpretation of law) is a legal act that contains an explanation of the meaning of legal norms.

Features of acts of interpretation of law:

They are a clarification of the meaning of legal norms;

They do not have independent significance and act in unity with the norms that they interpret;

They are not a form and source of law.

Interpretive acts are subdivided:

Depending on the types of official interpretation - on acts of normative (authentic and legal) and casual interpretation;

Depending on the bodies giving interpretation - on acts of state authorities, administration, judicial and prosecutorial bodies, etc.;

Depending on the subject of legal regulation - on acts of interpretation of criminal law, administrative, civil, etc.;

Depending on the nature - on material and procedural acts;

Depending on the form - to decrees, resolutions, orders, instructions, etc.;

Depending on the legal nature, there are interpretive acts of lawmaking and interpretive acts of law enforcement.

9. 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. According to their legal force and purpose, laws are divided into constitutional(fix 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 society). Among the latter, codified and current ones stand out. According to the nature of the action, laws are divided into permanent, temporary and emergency. In the Russian Federation, as in any federal state, there are federal laws and laws of subjects. The laws in force form the system of legislation. The highest legal force assumes that no other legal act should contradict the law, 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 concretization and development in by-laws.

MODEL LAW - a legislative act of a standard nature, containing normative recommendations, as well as options for possible legal solutions (sometimes explanations of possible options, examples). The creation of MZ is practiced in the USA (for the states) and in the CIS (for the member states).

M.z., approved by the legislature, acquire the character of an official legislative recommendation. Addressee M.z. is the national legislature, which has the right to use it in any form. It is possible to approve the act in its entirety as its own national-state law, partial approval with additions, changes, use as a guideline, as a basis for future legislative work. M.z. may be left unattended

By-laws 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, they are based on the legal force of laws and cannot oppose them. Effective regulation of social relations takes place when the common interests are consistent with individual interests. Sub-legislative acts are precisely designed to concretize the main fundamental provisions of laws in relation to the originality of various individual interests.

1. General by-laws. These are normative legal acts of general competence, the action of which applies to all persons within the territory of the country. Since their legal force and significance in the system of legal regulation, general by-laws follow the laws. By means of by-laws, state management of society is carried out, economic, social and other issues of public life are coordinated.

General by-laws include rule-making instructions of the highest bodies of executive power. Depending on the form of state government, they find expression in two varieties of by-laws.

Presidential Decrees. In the system of by-laws, they have the highest legal force and are issued on the basis of and in development of laws. The powers of the president in law-making activities are determined by the country's constitution or special constitutional laws. They regulate the most diverse aspects of life related to public administration.

Government Decree. These are by-laws adopted in the context of presidential decrees and designed, if necessary, to regulate more detailed issues of state management of the economy, social construction, healthcare, etc.

2. Local By-Laws. These are normative-legal acts of local representative and executive authorities. They are issued by local representative authorities and local self-government bodies. The effect of these acts is limited to the territory subject to them. Normative prescriptions of local government authorities and administration are obligatory for all persons living in the given territory. These may be regulatory decisions or resolutions of the council, municipality, mayor's office, prefect on a variety of local issues.

3. Vedomosti normative-legal acts(orders, instructions). In a number of countries, certain structural divisions of government bodies (ministries, departments) are also endowed with law-making functions, which are delegated by the legislature, the president or the government. These are legal acts of general validity, but they apply only to a limited area of ​​public relations (customs, banking, transport, state credit, and others).

4. Intraorganizational by-laws. These are such regulatory legal acts that are issued by various organizations to regulate their internal issues and apply to members of these organizations. Within the framework defined by acts of higher legal force, internal organizational regulations regulate a wide variety of relations that arise in the specific activities of state institutions, enterprises, military units and other organizations.

Acts of the judiciary

By the decision of the judiciary, they acquire a normative character as a result of the generalization of judicial practice, which is basically individual, law enforcement in nature. Judicial practice acts as a source of law in those cases when, due to ambiguity, inconsistency or uncertainty of normative prescriptions, the court is forced to specify or clarify the content of legal norms or create new norms due to gaps in the law.

The law-making functions of the courts are formed by the judicial practice itself, the needs of the legal regulation of those common life cases that are not provided for by law. The accumulated experience of law enforcement practice allows the courts to make such decisions that are of universally binding importance when considering a particular group of legal cases.

The supreme bodies of the judiciary not only specify the existing rules of law, but also create new legal rules within their competence in order to provide guidance on the application of legislation on issues arising in the practical resolution of legal cases.

However, it must be borne in mind that the binding force of judicial practice does not lie in itself, but in the decrees of the legislature. The law-making activity of the courts in the rule of law is entirely based on their legal powers, within the framework of the rule of law and the principles of this system of law.

Acts of local government . In most cases, the developments of local self-government bodies comply with the provisions of the laws of the constituent entities of the Russian Federation on legal acts. They use the traditional legal approach, which opposes the content of the legal act and details. Law-making activities for the formation of MC acts include 3 stages: 1. pre-project, 2. preparation of a standard. act, 3. law-making. process. Process:1.study and analysis,2. def. type of bodies, entities authorized to make a decision, 3. decision-making on the preparation of standards. act, 4. development of concepts, ideas, analysis, 5. preparation of a draft act, 6. preliminary review, 7. public discussion, 8. official review, 9. adoption of the act, its execution, signing, publication, entry into force. Norm. basis for law-making. activities of subjects: the Constitution of the Russian Federation, the Federal Law, the constitutions of the republics, the statutes of the regions, the regulations. For example, in the charter of the Krasnod.krai incl. Next Lawmaker procedures: forecasting, planning, project preparation, scientific expertise, review. And acceptance, published. And interpretation, evaluation of effectiveness. In Adygea, the right to legislate. Initiatives owned by Central. elect. Commissions, in Swedlows. Regions of each of the two chambers of parliament, in the Moscow region. authorized On human rights., in the Stavropol Territory to the deputies of the State Duma

12.Requirements for the language of a legal act . Language rules of the legislation of technology subsection. On general linguistic (creating an optimal text for the best perception), terminological, syntactic, stylistic. coherence (meaningful connectedness) For the fatherlands. Legislator. The technique is characteristic: the use of an indicative (expressing inclinations), using the present tense. Legislator. language has a directive character, its excel. Neutrality of style, lack of metaphors, use will approve. Proposals, abstractly generalized. Form. Legislator text excellent. From other works connectedness, accuracy, consistency of presentation, impersonal character. The basis of the language comp. Lexical (dictionary composition) and grammatical (morphology and syntax) levels. Legal vocabulary uses a large number of antonyms, synonyms, stable combinations (phraseology: for example, "joint stock company"). Requirements for legal. Text: - lack of emotional coloring, - coherence and consistency, - accuracy, clarity, simplicity, short sentences, internal logic of sentences, legal. Stamps and clichés, conditional sentences,

13. General linguistic rules .

The most important rule of a general linguistic nature is the desire to achieve the best perception by the addressee of legal norms expressed by linguistic means.
This rule is the most general and further specified in the actual terminological, syntactic and stylistic rules.
The rules of a general linguistic nature include the following:
1) The rule of accuracy. Accuracy is a rather specific characteristic of the language of law. It can be defined as "the achievement of the greatest correspondence between the idea, the thought of the legislator and the embodiment of this idea in the normative formula." It is achieved by: a) observing the terminological rules of legislative technique in the construction and use of legal and other terms; b) the correct choice of means and methods of formulating legal norms, depending on the method of legal regulation, c) compliance with the formal logical rules of definition and division when formulating norms-definitions; d) following the requirements of the official business style.

2) The rule of clarity - in legislative texts, ambiguity and illogical connections (breaks) between their components should be excluded. This rule is no less important than the previous one. The main difference between the rules of clarity and accuracy lies in the fact that the accuracy of the text is achieved during its development, in the "author - norm" link. The criteria for this rule include: the use of well-known terms in a well-known

3) The rule of recyclability - the text of a regulatory legal act should be as easy as possible to understand by any addressee. In the theory of legal technique, this rule is also called the principle of public accessibility.

4) The rule of economy is that the text of a normative legal act should be characterized by an optimal volume, excluding both understatement and lexical redundancy (but not to the detriment of its clarity). The criteria for the rule of economy of regulation include: the most concise presentation of the text of a regulatory legal act; economical use of language; lack of repetitions and uninformative combinations.
5) The rule of expressiveness - its name in relation to legislative texts is rather conditional, since the actual expressive-aesthetic function of the language of law is practically uncharacteristic. The meaning of this rule is that the language means used to express the rules of law in a particular legal act must be adequate to the method of legal regulation laid down in this act, clearly distinguish between permission, obligation and prohibition (special attention is required in this case modal words - "forbidden", "allowed", "may", "should", "must", "have the right", etc.).
6) Rules of cohesion and coherence - the requirements, respectively, of the formal (logical-grammatical) and meaningful connectedness of sentences within a paragraph or superphrasal unity (parts, articles, etc.). 7) An important general linguistic rule is the need to comply with the requirements of grammar in the text of a regulatory legal act. Despite the obviousness of such a rule, in practice it is far from always being fully implemented.

SYNTAX REQUIREMENTS.

A sentence is a stable syntactic construction expressing (denoting) a complete thought. A grammatically correct sentence, taken in unity with its meaning, is called a statement in modern logic and linguistics. Statements expressing norms, including the norms of law, are deontic (normative) statements.
The form of an utterance is words and phrases related to each other according to the rules of grammar, which make up the sentence itself. The sentence, therefore, is a complex, complex sign, with the help of which a certain judgment is denoted. To express the subject-predicative connection, the sign-sentence is the minimum necessary sign. Neither words nor phrases (even terms) can express the subject-predicative connection. It seems obvious that the semiotization of an utterance is possible only in a sentence sign. Therefore, a sentence expressing a deontic judgment is the main syntactic means of the language of a normative legal act. It is subject to high technical and legal requirements, the main of which are as follows.

First, all members of the proposal must be coordinated with each other in accordance with the language norms. Particular attention should be paid to case forms, conjugation of verbs, the correct use of service parts of speech (the so-called "non-significant words") - prepositions, conjunctions, connectives, particles, modal words.

Second, sentence structures should be neither overly complex nor artificially simplified. The opinion that "normative acts should not be unjustifiably overloaded with complex grammatical constructions, in particular, participial and adverbial phrases, complex sentences, especially if some subordinate clauses are included in others, forming several tiers of grammatical subordination"12 is certainly true. But at the same time, it must be remembered that a legal norm can often be expressed using complex sentences with conditional subordinate clauses - this form is often the only possible one from the point of view of logic. At the same time, unnecessarily complex syntactic constructions often make it difficult to interpret the norm.
Thirdly, the punctuation used in the sentence plays a big role. The legislator should strive for relative simplicity of punctuation, but at the same time, when creating the text of a legal act, the entire arsenal of punctuation marks of the modern language should be used, depending on the needs of expressing a particular norm, with the exception, of course, of question and exclamation marks, as well as dots. -fourthly, if there is a need to clothe the norm in a complex syntactic construction (for example, a complex sentence with several subordinate clauses), then it is advisable in the process of preparing the act to first state the idea in the form of several simple sentences, and then link them together in accordance with the requirements of the language and the goals of the legislator.
Another structural and syntactic element of the legal text, which is singled out along with the sentence, is a phrase, that is, a combination of two or more significant (non-functional) words that are related in meaning and grammatically. Modern linguists see the main difference between a phrase and a sentence in that the phrase does not have the characteristic of predicativity, that is, the ability to express a complete thought.

Terminological rules

A term is a word (or combination of words) denoting a specific concept.

Acrobatic terminology - a system of terms designed to briefly and accurately indicate the exercises used, general concepts, the name of the inventory and the rules for using it.

When constructing terminology, it is customary to be guided by the following:

1. Terminology should be based on the vocabulary of the modern native language and borrowed words in accordance with the laws of word formation and grammar. Separate words with a special semantic content serve as certain terms. Along with word creation, rethinking of generally accepted words is of great importance. For example, the words entrance (on the shoulders), wheel, column, bridge, twine, stand, balance, etc. received a new semantic meaning in acrobatics.

Some terms have an international meaning. So, for example, the word somersault is used in most countries of the world.

The availability of terminology predetermines its vitality and stability. The introduction of slang words makes the terminology incomprehensible. Life includes terms that have been tested by time and accepted by the people.

2. The accuracy of terms is extremely important. It is necessary that the term disclose the content of the defined and its features. Creating an initial idea about the exercise depends largely on the accuracy of the term. Therefore, the more precise the term, the more successful the process of mastering the exercise. As a rule, the terms are not ambiguous and differ sharply from each other in pronunciation. Only in this case they will be quickly realized by those involved.

3. Brevity is inherent in any terminology. To achieve brevity, one must strive to ensure that the term (best of all, one short word) reflects the typical features of the designated concept, movement, object, etc.

The accuracy and brevity of the terminology is also achieved by the rule, according to which it is agreed not to mention in the title what goes without saying. So, they do not indicate the direction of movement, if it is performed forward, the usual way and the shortest path of the movement being performed; the direction of movements that have one variant of execution, etc.

Terms classification

It is known that typology is the basis of classification. Terminological classification of terms - the division of terms according to their most important features. The basis for subsequent classifications are various individual features of terms - meaningful, formal, functional, intra- and extralinguistic.

The first classification of terms by content, used mainly in philosophy, is the division into terms of observation and theoretical terms. Behind the terms of observation are classes of real objects, and behind theoretical terms are abstract concepts that usually depend on a certain theory, concept.

The second classification of terms by content - by the object of the name - is their distribution by areas of knowledge or activity, or, in other words, by special areas. The list of these areas can be summarized as follows: science, technology, production; economic basis; superstructure. Based on this sociological scheme, it is possible to formulate a list of headings included in the classification of terms of valuation activity.

The classification of terms by the object of naming within individual areas of knowledge is the most detailed classification of terms.

According to the scope of use, universal (for many related areas), unique (for one area) and conceptual-author's terms are distinguished; for example, linguistic terms can denote phenomena that are characteristic of all languages ​​(phonetics), for one or several languages ​​(ergativity), or only for one approach (glossematics - L. Hjelmslev's term).

The classification of terms by authorship reflects the sociological approach to terms. Collective and individual terms are known in this regard. So, the term helicopter was created by Leonardo da Vinci, the term industry - N. M. Karamzin, the term sociology - O. Comte.

The important role of terms in the process of scientific cognition of objective reality makes it possible to build their scientific classifications. Thus, the terms that serve to fix knowledge, the terms used as a tool of knowledge, and the terms of learning are distinguished. For example, the term - a tool of knowledge should be called originally introduced.

For each era, a historical-lexicological classification of terms is created, in which terms-archaisms, terms-neologisms appear. This classification is closely related to the above classification of terms according to the object of naming. There are more neologisms in the emerging terminological systems. Archaisms are characteristic of the concepts of those terminological systems that are becoming a thing of the past due to the growth of scientific knowledge and the clarification of the obsolescence of some scientific views. However, since the terms remain in the language as its lexical units (although determinologized), they can be reborn as part of new term systems or in a new meaning with the development of the term system. So, in recent years, the terms mentor, airbus and others have been revived.

Due to the fact that the terms perform an applied function as tools of knowledge and as a means of fixing scientific or technical knowledge, they are unified and fixed in one form or another as recommended or standardized. On this basis, a classification of terms is built according to normativity - non-normativity, which includes terms that are in the process of standardization (standardized), subjected to standardization (standardized) (pump), rejected in the standardization process (inadmissible); in the process of ordering (recommended), subjected to ordering (recommended) (Helmholtz energy - in the thermodynamic system), parallel admissible (isochoric-isothermal potential - ibid, in the same value), rejected in the process of ordering. To this it should be added that in the field of science and technology there are terms, the normative nature of which is mandatory: for example, the terms of radio frequencies are normalized on an international scale, since this is necessary to ensure the safety of sailors, aviators and others. As a rule, these terms are international; at least, their semantics is subject to normalization by the decisions of international organizations.

Regulatory acts, depending on their legal force, can be divided into several levels. However, two large groups stand out: laws And regulations . The term "legislation" is often used. This concept includes all regulations issued by the federal and regional authorities of the state. Such a terminological name is justified because it is laws that form the basis of an integral system of normative acts.

We list and briefly characterize the main types of regulations (Fig. 2.6).

Laws- these are normative acts adopted in a special order by the legislative authorities, regulating the most important social relations and having the highest legal force.

Laws are the most significant type of normative acts.

First, laws can be adopted by only one body - the parliament, which has legislative power in the country. Thus, in the United States, federal laws are adopted by the US Congress, in Russia - by the State Duma of the Russian Federation.

Secondly, laws are adopted in a special order, which is called the legislative procedure.

Third, laws govern the most important relationships in society. In some countries, a strict list of issues has been established that are subject to settlement precisely with the help of the law. In other states, such as Russia, there is no such list, so the Federal Assembly can formally adopt a law on any issue. However, it is unlikely that Parliament will consider it necessary to pass a law on a matter that is not of paramount importance.

Fourthly, laws have the highest legal force in comparison with other types of normative acts.

Rice. 2.6. Types of regulations in the Russian Federation

According to their importance, federal laws are divided into groups:

1. constitutional laws, regulating issues of public life related to the subject of the Constitution of the Russian Federation (Federal constitutional law "On the judicial system of the Russian Federation", etc.). Such issues are generally regulated in the Constitution, but they are further developed and detailed in constitutional laws. It is clear that constitutional laws should not contradict the Constitution of the Russian Federation;

2. current (ordinary) laws adopted to regulate all other important issues in the life of society (for example, the Federal Law "On Joint Stock Companies", the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Law of the Russian Federation "On Education", etc.). Current laws should also not contradict the Constitution of the Russian Federation and federal constitutional laws.

Variety of current laws - codes, which are complex systematized acts. As a rule, all or the most important norms of some branch of law are arranged in a certain order in the code. Thus, the Criminal Code of the Russian Federation contains all the norms on crime and punishment, and the Civil Code of the Russian Federation contains the most important norms governing property relations. Codes belong to the highest level of legislation. Each code is, as it were, a developed “legal economy”, in which there should be everything that is necessary to regulate one or another group of social relations. Moreover, all this material is brought into a single system, distributed into sections and chapters, agreed upon. As a rule, the code consists of two parts: general and special. The general part contains norms that are important for the application of any norm of the special part, that is, for any relationship regulated by the code. Thus, the General Part of the Criminal Code of the Russian Federation contains norms on the age at which criminal liability begins, the concept of a crime, a list of punishments, and the basic rules for their application. The Special Part of the Criminal Code of the Russian Federation provides for specific acts and punishments for them.

Decrees The President of the Russian Federation publishes on issues within his competence, which is quite wide for him, since he is both the head of state and, in fact, the head of the executive branch. If the decree contradicts the Constitution and the laws of Russia, it may be declared invalid by the Constitutional Court of the Russian Federation. Decrees of the President are normative in nature, in which he acts as a guarantor of the Constitution of the Russian Federation or regulates the procedure for exercising the powers granted to him by the Constitution, in particular, on issues of the structure of executive power, defense, protection of public order, citizenship, awards. Decrees are published in the Collection of Legislation of the Russian Federation, as well as in the Rossiyskaya Gazeta.

Decrees published by the Government of the Russian Federation. The competence of the Government includes mainly the solution of issues of a socio-economic nature (management of industry, agriculture, construction, transport and communications, social protection of the population, external economic relations, organization of the work of ministries, etc.). A large number of acts of the Government is associated with the development of a mechanism, the procedure for the implementation of laws adopted by parliament. “Launching” them into practice is a very important type of law-making activity carried out by the Government, because if a mechanism for the implementation of laws is not developed, they will lose their meaning. Resolutions are a mirror of the activities of the Government. Their analysis gives an answer to the question, effectively, competently, whether the Government acted promptly. They are published in the same sources of the legal press as the laws.

Ministries are instructions, orders, regulations, instructions, rules, charters etc. But it is the instructions that play the leading role. They regulate the main types (forms) of service activities, the functional duties of employees of a certain category. But there are instructions that are intersectoral in nature and apply not only to employees, but also to other organizations, to all citizens (instructions of the Ministry of Finance of the Russian Federation, the Ministry of Transport of the Russian Federation, the Ministry of Health and Social Development of the Russian Federation, etc.). Such acts are subject to registration with the Ministry of Justice of the Russian Federation, where their legality is verified. Acts of ministries are published in the Bulletin of Normative Acts of Federal Executive Bodies.

Normative acts of the legislative (representative) bodies of the subjects of the Federation -laws, this is their most common name. Not all subjects of the Federation are actively engaged in lawmaking. In this regard, the federal cities of Moscow and St. Petersburg, as well as the Sverdlovsk and Saratov regions, show themselves. Budget, taxes, privatization - these are the most serious issues of regional rule-making. Moreover, the adoption of an act of this kind requires the conclusion of the administration of the subject of the Federation.

Normative acts of the governors of territories, regions (presidents of the republics) are called decrees.

Normative acts of the administration of territories, regions (governments of the republics) called resolutions. They can regulate various issues: the procedure for leasing premises, land plots, collecting fees for travel in public transport, for training in children's music schools, etc.

Acts of both legislative (representative) and executive bodies of the subjects of the Federation are published in local newspapers.

Acts of local governments are usually called solutions. They are published on issues of local importance relating to residents of cities, districts, villages, towns, villages (landscaping, landscaping, trade, public utilities, consumer services, etc.).

Corporate (intraorganizational, intracompany) regulations are those acts that are issued by various organizations to regulate their internal issues and apply to members of these organizations. Corporate acts regulate a wide variety of relations that arise in the specific activities of enterprises (issues of the use of their financial resources, management, personnel, social issues, etc.). In the process of reducing state intervention in the affairs of enterprises and expanding their independence, corporate acts take on an increasing burden.

In the legal system of Russia, the variety of sources of law is very large. But it is also based on such a concept as a normative legal act. What is the specificity of their publication and what are the varieties of these sources of law? Can the term NPA be interpreted in different ways? What exactly?

Traditional vision of the nature of NPA

Some lawyers consider the following definition of the term "regulatory act" to be typical. This is a document in writing, which is adopted by a subject of law (a state body, a local self-government structure or an institution of direct democracy) in order to express the orders of power and regulate relations in society.

The main property of legal acts (or NLA for short) is normativity. Also, such sources are endowed with the property of unquestionable legitimacy.

Scientific vision of the nature of NPA

There is an opinion among legal scholars that a NLA is a written document that expresses the official will of a public authority regarding the establishment, amendment or cancellation of certain rules of law (rules of a universally binding nature that are subject to repeated application).

Official vision of the nature of NPA

In the environment of power, samples of other definitions of what a normative legal act is are used. According to one of them, NLA is an act containing legal norms and regulations that are designed for long-term (as a rule) use and apply to an indefinite (or very wide) circle of people.

The Supreme Court of the Russian Federation at one of the plenums also gave a definition of NLA. According to the judges, acts of authorized authorities or officials that establish legal norms or rules of conduct, addressed to an indefinite circle of persons and subject to repeated application, regardless of the presence or absence of legal relations regulated by the act, are recognized as normative legal.

NLA classification

There are different types of NPA. There are several reasons for their classification. One of them depends on the legal status of the subject that publishes laws (engaged in lawmaking). The system of normative acts adopted in Russia implies the following classification of sources of law according to the criterion in question:

  • These are acts of state bodies (on behalf of the Government of Russia, a regional or municipal structure of executive power).
  • These are codes of practice issued (and also by corporations).
  • These are joint regulations (which government agencies issue by joining forces, for example, with corporations).
  • These are sources of law adopted in referendums by direct expression of the will of the people.

Types of NPA may vary by geography of application. There are federal regulations, sources of law of subjects, as well as laws issued by municipalities, and (corporate, at the level of institutions). Another basis for the classification of legal acts is the validity period. There are documents whose validity period is not defined, but there are temporary sources of norms.

Legal acts and acts of application of law

Some lawyers distinguish between the concept of legal acts and such a phenomenon as an act of applying law. The differences between these two documents can be in the following nuances.

  • First, legal acts are designed to manage typical, relatively common public relations. Acts of application of law govern particular situations, create precedents. An example - the Civil Code of the Russian Federation is a NLA, and the decision of the mayor's office regarding the appointment of those responsible for the issue of landscaping the city is an act of applying the law.
  • Secondly, it matters to whom the action of the source of law is directed.

Normative legal acts, as a rule, are not personalized. They are addressed to an indefinite number of people. Acts of application of law have an individual focus. The ABO can set, correct or cancel any that does not have such properties. It may be part of the law enforcement process related to the prescriptions of regulatory legal acts.

NLA and non-normative legal acts

A number of experts consider it necessary to distinguish between the concepts of legal acts and “non-normative legal acts”. These are the criteria. A normative act is the result of the legislative work of authorities and officials. They have rules and norms of a universally binding nature, not personalized, designed to be applied over a long period of time. Non-normative acts do not contain any of the listed features. One of their possible definitions is "prescriptions limited in time and addressed to specific subjects."

At the same time, there is an opinion that non-normative acts are more strict and set unambiguous prescriptions indicating legal consequences for a particular person or group. The Code of Civil Procedure of the Russian Federation contains norms according to which a person who considers that a non-normative legal act issued to him violates his freedoms, can challenge his obligations that have arisen in accordance with the content of the act.

Scope of Federal Laws

One of the key types of federal legal acts in Russia is laws. Their area of ​​regulation, according to some lawyers, includes the following key issues:

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

The scope of regulation of the Federal Law includes issues of federal relations. This is the management of democratic processes (elections at different levels, referendums).

Legal acts of the Russian Federation at the federal level are responsible for the ratification or denunciation of agreements signed by Russia with other states. Federal laws regulate budget policy, collection of taxes and duties. FZ - sources of norms relating to national security, military policy. At the federal level, key issues are resolved in relation to the justice system, the resolution of civil disputes, the work of arbitrations, lawyers and lawyers. Federal laws are designed to regulate various spheres of public life and state building. There is the Federal Law "On Joint Stock Companies", there is a similar act regulating the activities of LLCs. Some lawyers allow the classification of Federal Laws into two types - current acts and codified ones.

The constitution is an act with the highest legal force

The most important Russian NLA is the Constitution. It has the highest legal power. This source of law is endowed with a constituent character: the prescriptions and norms contained in the Constitution are the basis for absolutely all other legal acts issued in Russia. This source of law is published by none other than the Russian people. The Constitution is not only a legally significant document. This is the basis for the course of key social and political processes. It expresses the public consent of people, each of whom may have a completely unique political interest. The Constitution of the Russian Federation enshrined the key characteristics of the state structure, the structure of the authorities, relations between the country's population and socio-political institutions.

Specificity of federal constitutional laws

A subspecies of the Federal Law is constitutional laws. They have some specifics. These laws are adopted in order to regulate the processes that are expressly mentioned in the Constitution of the country. Among these, for example, is 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 abolition of statuses that affect the degree of state sovereignty. Among them is the law on the introduction of martial law. The federal constitutional laws of Russia introduce rules and norms relating to the administrative and political structure of the country, determine the rules according to which new subjects can be admitted to the federation. The legal force of constitutional laws is higher than that of ordinary federal laws (according to Article 76 of the Constitution). These acts are adopted in a stricter manner. For example, in order to approve or amend a constitutional law, at least 60% of the members of the Federation Council and at least two-thirds of the deputies of the State Duma must vote "for".

Laws of the subjects of the Federation

Each of the constituent entities of the Russian Federation - be it an autonomous okrug, krai, oblast or republic - has the right to issue its own laws. Such regulatory legal acts are adopted by the legislature or the subject (most often, this is the state council). Acts issued 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 conformity of the adopted law with the Constitution of the Russian Federation and other laws with higher legal force. Example: there is the Federal Law “On the general principles of local self-government”. The norms prescribed in it should be taken into account when forming the legislative framework relating to the work of municipalities of the constituent entities of the Federation. If, say, the State Council of the Republic of Tatarstan adopts its own law on local self-government, then the norms contained in it should not contradict the Federal Law, which is indicated above. Some lawyers believe that the effect of legal acts adopted by state bodies of the constituent entities of the Federation cannot apply to civil legal relations, since they are outside the jurisdiction of regional structures.

Features of municipal legal acts

Municipal legal acts differ from NPAs at the federal and regional levels in that they are valid only in a certain territory - a city, district, district. The system of legal acts of the municipal level consists of the following sources:

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

Municipal ones can be adopted by the population at a local referendum or gathering. It is noteworthy that these legal acts have the same legal force as the charter. Moreover, a few years ago, the Russian Ministry of Justice issued an order regulating the relationship between the municipal charter at the stage of its state registration and the sources of law approved at the people's assembly. If the approved charter contains norms that contradict those contained in the legal acts adopted at the referendum, then it is recognized as inconsistent with the Constitution of Russia and cannot be registered.

International laws of the Russian Federation

There is a special type of regulatory legal acts - the Federal Law on the ratification or denunciation of Russia's international agreements. They are adopted on the basis of the provisions of Article 106 of the Constitution. These laws have a specific adoption procedure, but are a full-fledged part of the national legal system. The publication of normative legal acts of this type goes through the Bulletin of International Agreements. Article 15 of the Constitution states that treaties signed by the Russian Federation with other countries take precedence over national legislation. And therefore, some lawyers call such legal acts the highest in the hierarchy of federal laws.

Government legal acts

Normative 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 legal acts? In order to fulfill the prescriptions of the Constitution, the Federal Law, the decrees of the head of state, the Government of Russia issues special forms of documents - resolutions, orders, and also monitors their implementation. Acts issued by the Government are thus subordinate to the law. They must fully comply with the Constitution and other sources of law at the federal level. Resolutions, according to some lawyers, are the most significant type of government legal acts. These sources regulate key issues that are within the competence of the Russian executive branch. Orders are normative legal acts regulating current issues. Both types of government sources of law are accepted, as a rule, by the Presidium, but in some cases they can be published by the Prime Minister of Russia himself.

Legal act: concept and types

Regulatory legal act (NLA) - an official document of the established form, adopted (issued) within the competence of the authorized state 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 conduct, designed for an indefinite circle of persons and repeated application.

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

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

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

Laws and regulations

Law - 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 order is lawmaking. By legal force and purpose, laws are divided into constitutional (fix 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 society). Among the latter, codified and current ones stand out. According to the nature of the action, laws are divided into permanent, temporary and emergency. In the Russian Federation, as in any federal state, there are federal laws and laws of subjects. The laws in force form the system of legislation. The highest legal force assumes that no other legal act should contradict the law, 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 concretization and development in by-laws.

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

Regulatory contracts

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

Regulatory legal acts in the Russian Federation

Since the Russian Federation - Russia is a federal state, normative legal acts may be federal (of the Russian Federation) and subjects of the Russian Federation, also within the authority of the decision of the elected body of the municipality.

Russia has the following hierarchical system normative 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 legal system of Russia. International treaties and agreements of Russia have greater legal force than the regulatory legal acts of the Russian Federation.

Russian Constitution.

1. Laws:

Russian Federation

Federal constitutional laws.

Federal laws (including Codes).

Subject of the Federation

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 level of the municipality - decisions of the municipality.

Legal acts- these are official documents of the competent state bodies aimed at achieving any legal consequences.

General features of legal acts:

  1. come from the state, are connected with its powers of authority;
  2. are binding on the persons to whom they are addressed;
  3. entail legal consequences, i.e. affect the responsibilities of subjects;
  4. supported by the power of state coercion.

Types of legal acts depending on the generated legal consequences:

  • regulatory legal acts (NLA) - aimed at establishing, changing or canceling;
  • acts of interpretation (interpretative) - aimed at clarifying the rules of law;
  • acts of application of law (or law enforcement, individual legal) - aimed at implementing the prescriptions of legal norms.

It is necessary to strictly distinguish between law enforcement acts, normative acts and acts of interpretation of the rules of law.

Normative legal act

Normative legal act - this is a legal act adopted by an authorized body and containing legal norms, i.e. prescriptions of a general nature and permanent action, designed for repeated use.

Normative acts are issued by bodies with norm-setting competence, in a strictly prescribed form. A normative act is an official document, a carrier of legally significant information.

Comment

Regulation of public legal relations by virtue of the current legislation cannot be carried out by a legal act in the form of a letter, in the absence of registration of the relevant document and its official publication (see, for example, the Supreme Court of the Russian Federation of July 16, 2018 N VKAPI18-20 "On invalidating the letter of the Ministry of Internal Affairs of the Russian Federation of April 26, 2007 N 1 / 3315, the Ministry of Defense of the Russian Federation of May 2, 2007 N 180/4/1-483, Pension Fund of the Russian Federation dated 05/02/2007 N GB-25-26/4730 "On the form of a certificate issued by those who have the right to simultaneously receive two pensions provided for by the Law of the Russian Federation of 02/12/1993 N 4468-1" ).

By legal force All regulations are divided into two groups:

  1. laws;
  2. regulations.

Types of laws

  • The Constitution (the law of laws) is the fundamental constituent political and legal act that establishes the constitutional order, the rights and freedoms of man and citizen, determines the form of government and state structure, and establishes 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- these 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 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 (highest in legal force by-laws);
  • resolutions of the Government of the Russian Federation (acts of the executive body of the state, endowed with broad competence to manage social processes);
  • orders, instructions, regulations of ministries, departments, state committees (as a rule, they 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 (regulations adopted at the level of a particular enterprise, institution and organization, for example, internal labor regulations).

Enforcement act

Enforcement act - one of the types of legal acts, a well-known official document issued by the competent authority or official on any case (issue) in relation to a particular subject or subjects on the basis of the relevant legal regulation.

The purpose of the acts of application of law follows from their name - they are called upon to apply legal norms to the relevant persons, but in no case create new norms and do not change or supplement the old ones; it is not their function.

Characteristic features of law enforcement acts:

  1. have an individual character, i.e. refer to specific persons who can be named by name (for example, a court verdict, an order to dismiss an employee from work, a decree on awarding a citizen with an order);
  2. are authoritative and binding because they come from the state or, with its consent, from public associations, local governments, other structures and entities (delegated powers); non-compliance with such acts may be subject to sanctions;
  3. do not contain legal provisions(general rule of conduct), therefore, they are not a source and form of law; their purpose is not to create, but to apply the rules of law;
  4. act as legal facts that give rise to specific legal relations between those who apply the norm and those to whom they apply; thus, these acts carry out local (casual) legal regulation, concretizing general prescriptions;
  5. limited to a single use and do not apply to other situations and other subjects; after a single use, they cease their action;
  6. provided by state coercion, since it is a matter of putting the legislator into practice, even if this requires the use of the power of power.

It should be borne in mind that not all official documents are law enforcement acts (for example, various kinds of certificates, receipts, invoices, payment orders, diplomas, certificates, certificates, identity cards, etc.), as they do not fit under the above signs. Such "official papers" act as technical and operational means of official relations between citizens and organizations, as well as the latter among themselves.

A classic law enforcement act (for example, a court verdict) should:

  • have the necessary external attributes (requisites), i.e. meet the established rules and requirements (place and time of issuance, date, signature, seal, reference to the law, by whom it was issued, etc.);
  • have a certain internal structure: a descriptive, motivational and resolutive part, in which the decision itself is stated. Without some elements of such paraphernalia, the most important act may lose its legal force.

Correlation between normative legal and law enforcement acts

Often they mix normative and individual legal acts.

Indeed, they have a lot in common:

  1. both of them are categorical and imperious in nature, supported by the power of state coercion to fulfill the instructions contained in them;
  2. they are published (accepted) by a strictly defined circle of specially authorized persons;
  3. they have a clear structure and attributes, violation of the requirements of which makes them invalid;
  4. they directly regulate social relations;
  5. have the same focus on streamlining relations, strengthening the rule of law and ensuring law and order, etc.

Distinctive features (characteristics) of a law enforcement act are indicated above.