All laws and regulations adopted in our country operate only within strictly defined limits. The normative act is valid in time, space and in the civilian circle. What does this mean? Let's get it right.
The concept of a normative act
Modern law is unthinkable without collections of legal rules and regulations. Normative acts play a really big role in any civilized state. A centralized, and therefore qualitative differentiation and regulation of public relations would not have been possible without clear and accessible legal requirements contained in collections of legal norms.
All legal acts are open and public in nature. The Russian population has the opportunity at any time to get acquainted with the law he needs or an act of by-law nature. Moreover, the people, albeit indirectly, but still take part in the legislative process. Citizens give authority to authority, which, in turn, is involved in the adoption of laws. However, it is worth remembering that the effect of regulations in time and space is somewhat limited. This is necessary to prevent arbitrariness.
Features of regulations
Russian collections of legal norms must meet a number of requirements, which at the same time are their features. Firstly, all normative acts, without exception, have a state character and corresponding to the provisions of the Constitution. It is government bodies that implement lawmaking, ensuring the adoption of acts and imposing sanctions for their non-enforcement. The principle of constitutionality means that the adopted normative acts must strictly comply with the provisions of the basic law of the country.
The second feature of a regulatory act is a special adoption process. A law is being formed by no means by all citizens, but only by authorized persons. Moreover, each citizen has the opportunity to become the subject of the legislative process: there is no discrimination. All you need is to get an education and relevant qualifications, after which you win the election and go to Parliament.
The third feature of the normative act is compliance with the requirements for the form and content of the document. All laws and regulations of a by-law nature must be drawn up and drawn up in strict accordance with established standards.
Finally, the last feature of the elements under consideration will be their limitedness in time and space. The functioning of normative legal acts cannot be universal. To understand this feature, it is worth returning to the principle of constitutionality and statehood.
Differences from individual acts
Acts of a normative and legal nature should not be confused with documents having a strictly individual character. What is an individual act? Lawyers speak of a decision of an official nature, as well as a competent state body to take on a particular case. Such acts contain an imperative of imperative nature, which is aimed at the individual regulation of relations in an appropriate form. An individual act is issued by the law enforcer - an official representing the entire Russian state.
The main difference between an individual act and a normative one is the absence of something new for the legal sphere of the state. In fact, an individual act loses legal force immediately after a single use.The normative act, on the contrary, consolidates in the public sphere a whole layer of new relations and ties. And this is despite the fact that the effect of a normative act in time and space is strictly limited.
Types of regulations
The most common classification of the acts in question is the division into acts of a subordinate nature and laws. Laws regulate specific social relations, and acts of a by-law nature supplement laws. Legal force determines the significance of laws in the state system, establishes their place in the legal field.
Normative acts are divided according to the nature and scope of activities. Here are some highlights:
- acts of general action - regulate a whole set of relations of a particular type in a certain territory;
- limited action documents - can be distributed only to part of the territory or to a narrow contingent of persons;
- acts of emergency or exceptional action - are implemented only in the most extreme cases (martial law or state of emergency).
There is a third classification indicating the legal validity of the document. It all depends on which authority issued the normative act.
The validity of a regulatory act in time
How is the relationship between the legal sphere and time explained? Specialists in the field of jurisprudence speak about the possibility to stipulate the rule of law with time frames and parameters. Both material and procedural rules are strictly limited to time periods. The reason for this is duration as an essential element of time.
There are the following limits on the validity of regulations in time:
- the moment the act comes into legal force;
- moment of termination of the act;
- the concept of the "reverse side of the law";
- the concept of "experiencing the law."
Law in Russia is not retroactive. Cases determined by law after their completion cannot be considered. The opposite is the situation with the “experience of the law”: outdated norms are applied to ongoing legal relations.
Entry into force of a normative act
In Russian law, there are a number of principles that allow a normative act to enter into legal force. The first principle is called immediate action. It is characterized by the movement of the law "forward", the extension of the act to all circumstances and cases regulated by it. The second principle is related to the concept of reverse action. In this case, it refers to the movement of the law "back" in the cases specified in the act itself. The third principle is called the experience of the law. The acts that have lost legal force shall continue to be valid, but only upon the instructions of new acts.
A simple example here is associated with a large number of documents of the Soviet period. Most of them functioned even after the collapse of the state - until the moment when new federal laws of the Russian Federation were adopted. For example, the USSR Act "On Public Associations" worked until 1995, until the Federal Law "On Political Parties" was adopted. In this case, we are talking about the effect of a regulatory act in time.
Dates of entry into force of the act
The validity of legal acts in time is possible subject to three important rules. The first rule is related to the duration of the adoption of the law. In Russia, a period of 10 days is established from the moment of publication of the act, after which the law must be adopted. Acts are published in official publications for public viewing.
The second rule is related to the immediate publication of laws - but only in individual cases. So, a legal act must be simultaneously adopted and published if it concerns the improvement of the social status of citizens, increase of salaries or pensions, etc. One might think that the first and second rules are somewhat in conflict. However, it is not. If the law is designed to regulate a wide range of relations of a social nature, then its immediate adoption will be a reasonable decision.A similar principle does not contradict the effect of legal acts in time.
The third rule is related to the need to pass laws in accordance with the rules enshrined in the law itself. A simple example is HPA. The code was introduced on February 1, 2003. The same date was set in advance in the project.
Loss of legal force
What is the end point of a regulatory action over time? TGP (theory of state and law) states the loss of legal force by acts. This happens due to a number of circumstances.
The first reason that a law loses its strength is expiration. The duration of the action is fixed in the act itself. It should be noted that not all laws are temporary. It is only about those acts that were adopted during a martial law or a state of emergency.
The second reason is associated with the replacement of one act by another, and the third - with the establishment of new rules of conduct. What is the difference between these two reasons? A simple replacement of the law does not entail global change. The establishment of new rules is associated with a change in the entire state system: the Constitution disappears or appears, the Parliament is formed, the powers of the head of state are cut, etc.
On the functioning of a normative act in space
The rules of action of normative legal acts in time do not exhaust all the requirements and restrictions to laws and by-laws. It is also worth highlighting the spatial effect of the law. In this case, we are talking about such concepts as state sovereignty, territorial integrity, the supremacy of acts throughout the state, and much more.
What is meant by the territory of Russia? The Constitution speaks of land, subsoil, water and air, which are under state sovereignty. The state extends its power to all territories belonging to it. Not all laws can apply to Russian territory. For example, regional acts operate in specific regions, municipal acts in municipalities, etc. Only federal laws extend their force to the whole country. This is the principle of federalism.
International law
The order of validity of legal acts in time and space also involves the application of international standards. Article 15 of the country's main law states the priority of world law over national law. According to the Constitution, the Russian Federation is part of the international legal system, and therefore is obliged to comply with the norms, requirements and rules established by the international community.
The presented principle directly relates to the spatial limit of normative acts. Firstly, legislators cannot issue acts contrary to international principles. Secondly, representatives of the legislative process do not have the right to disseminate such laws in the country.
Territorial principle
The limits of action of normative and legal acts in time and space are closely related to many different principles and attitudes. Spatial restrictions in the formation and application of regulations are closely related to the territorial principle of statehood.
State territory is a combination of water, air and land parts. The land includes continents, enclaves and islands. The water part consists of rivers, seas and lakes, oceans and straits. Finally, airspace includes a height above the level of the earth or water surface with a height of up to 100 km. All represented territorial entities are subject to state sovereignty, that is, immunity from other states. All adopted regulatory acts of federal significance must be valid throughout the Russian territory.
Functioning of acts in a circle of persons
To whom exactly are the instructions contained in Russian regulations addressed? A similar problem is posed to determine the effect of laws and by-laws on a circle of persons. I must say that the solution to this problem directly depends on the territorial principle. If a federal law was adopted, then its effect applies to all Russian citizens. The laws of the regions and municipalities work for a limited circle of people.
Why is the state generally issuing laws? Citizens should be vested with certain constitutional rights. However, there are no rights without duties. By imposing special requirements on people, the state guarantees a number of civil liberties.
Aliens
Do laws adopted by the Russian authorities apply to foreigners or stateless persons? In short, the effect of regulations in time and space applies to all persons located on the territory of the Russian state. Moreover, it does not matter at all whether a person has Russian citizenship or not. A foreigner located in Russia is endowed with a number of duties. The most important obligation is compliance with the law. Moreover, a person without Russian citizenship is unlikely to be able to count on any special rights or privileges. Such an attitude reflects the essence of the principle of the spatial and temporal effect of Russian law.