Any activity in the Russian Federation is carried out on the basis of regulatory acts. What are they like? Which document will be considered a normative legal act? Which legal act has the highest legal force? About it further.
The concept of a normative act
What is a legal act? This concept is given in the legislation, and is also well disclosed in various legal literature.
In accordance with the above sources, a legal document is recognized as an official document set forth in writing. Its main feature is that the document must be adopted by an authorized person. In the field of jurisprudence, such are called subjects of law-making, that is, those persons who have the right to issue laws and by-laws.
The content of the regulatory legal act should establish or abolish any rule of law. For non-compliance with the rules established in them by the state in the person of departmental bodies, a certain form and amount of punishment shall be imposed. All possible types of punishments are also provided for in the content of industry acts (Criminal, Tax, Civil, Administrative Codes, etc.).
Signs
This document has several features that define it as a legal act of higher legal force. All of them are listed in the legislative acts of the state, which regulate the procedure for adoption and the form of content of normative acts. They say that each act must be created according to the established model, as well as be executed in accordance with a certain form and have all the necessary details.
Much attention in the process of adoption of a regulatory act should be given to whether it is consistent with other regulatory legal acts with legal force. The legislator notes that such documents must be adopted on the basis of legal norms, as well as contain the establishment or repeal of other legal provisions. In addition, adopted or repealed rules should apply to a wide range of people.
All normative legal acts of higher legal force must be designed for repeated use, and for long-term existence - this rule is also determined by laws and regulations.
The concept of legal force
All state normative legal acts, depending on their significance, are divided into several categories: laws of federal significance, decrees issued by the President of the state, resolutions, adoption by the Government, as well as regulatory acts issued by ministries, services and other departments that relate to representatives executive power placed in federal units. However, this hierarchy is applicable exclusively to normative legal acts and laws with legal force of federal significance, that is, to those that are used in the territory of a certain okrug, krai or other territorial unit of the Russian Federation.
In the case when it comes to acts of national importance, it makes sense to divide them into several other categories. In this case, legal acts possessing the status of federal laws have the highest legal force; further, presidential decrees and resolutions issued by the Government are taken into account.Among the latter on the hierarchical ladder are the laws of individual constituent entities of the Russian Federation. Less significant are normative legal acts issued by federal ministries, executive authorities, as well as bodies that are engaged in local self-government. Local documents that can be adopted for use in a particular territory, enterprise, or in a certain circle of people close the chain of the hierarchical level of normative acts.
The normative legal act of the highest legal force in the state is the Constitution of the Russian Federation, the provisions of which can not be contradicted by any law or by-law issued in the country. In the event that in any type of law there is a discrepancy with the provisions of a normative legal act having the highest legal force, there is a filing of an application with the Constitutional Court with requirements for revising the legality of doubtful provisions. In the event that the Court recognizes the illegality of the provisions of a regulatory legal act, it is obliged to cancel its effect.
Classification of acts
In legislation, there is a certain classification of regulations according to various criteria. These include the duration and territory of their operation, the scope and scope of industry activities. In addition, the classification of regulations by legal force also takes place in practice. For the most part, regulatory documents are also classified depending on the subject of adoption.
By subject of adoption
The subject of adoption of the regulatory act is the person who issued the document. As noted in the law, this person must be endowed with lawmaking. The legislation states that the subjects of law-making are state and non-state bodies, as well as officials. They can accept regulatory ones, the contents of which belong to the terms of reference of these categories of persons.
In addition to the above bodies, the subject of law-making is also the population of the state, which is enshrined in the Constitution of the Russian Federation - a normative legal act that has the highest legal force. The adoption of laws by the people is carried out in a referendum, which must be carried out in compliance with all the requirements described in the legislation.
A huge number of regulations are issued by governing bodies and councils operating in enterprises, organizations or institutions of different ownership forms. Such local action is characteristic - only within the institution in which they were taken. The legislator notes that normative acts that are legally valid in one enterprise must also exactly comply with the Constitution of the state, as well as other laws that apply in its territory.
By validity
Depending on such an indicator, regulatory legal acts can also be divided.
Any document presented in legal practice has a certain period of validity, which is mandatory indicated in its content - this is one of the requirements for normative acts presented by law.
The text of a regulatory document may indicate a permanent period of validity. This, as a rule, is found in normative legal acts of a higher legal force, examples of which may be the Constitution and laws of federal significance. As a rule, other documents are accepted for a certain period of time, which is indicated in the final provisions of the normative act. Documents that have a local character of action may indicate the period until the reorganization or termination of the legal entity.
By territory of action
Regulatory legal acts are often characterized by such a criterion as the territory in which they operate.According to this indicator, documents can be divided into local, regional and those of federal significance.
Federal laws and by-laws include those regulatory legal acts that are legally valid throughout the state. They have an effect in every structural unit of a large state; all laws that are adopted in districts, territories and in other components of the country must not contradict the provisions of regulatory acts of federal significance.
Regulatory acts of a regional nature are valid in certain structural units of the country. An example of this is the constitutions of individual territories, charters, regulations, as well as laws regarding individual structures operating in a particular territorial unit of the Russian Federation. They have much less force than acts of federal significance, however, after national laws, such normative acts are legally most important in the regions of their operation.
As for normative acts of local importance, they are adopted exclusively by executive authorities of a particular city, district or any other small administrative-territorial unit of a particular region. They also have their significance only in the territory in which they were adopted.
Local acts are adopted at individual institutions designated by the authorities. Their essence is to regulate the activities of a particular organization. Vivid examples of such documents can be collective agreements that must be concluded at all enterprises of any form of ownership, charters, regulations, temporary orders for employees, as well as other acts that regulate the functioning of a particular institution or organization.
Subject of legal regulation
According to this criterion, the acts are divided depending on the sphere in which they operate and the solution of what issues they regulate. So, in the field of jurisprudence there are concepts of specialized and complex legal acts. The first group includes those that are adopted in order to regulate issues arising in a particular area. These may include legal acts that are stronger in force and secondary in legal force. Vivid examples of specialized normative acts are many codes (civil, criminal administrative, family) - these laws regulate the implementation of legal relations in any particular area. As for complex acts, then all those regulatory documents that govern legal relations in different areas of the law can be attributed to such. An example of this can be the Constitution of the state, which prescribes the rights and obligations of individuals and legal entities in various areas of public life. Among other acts, an excellent example of such is the Law of the Russian Federation "On Currency Regulation and Control".
Legal force
The legal force of regulatory legal acts of the Russian Federation directly depends on what significance the document has for the entire population of the country. It is also determined by which authority issues the document. In the hierarchical ladder of legal documents, acts issued by the President will undoubtedly be considered higher than those prescribed by government or local government. Very often they are used for a more detailed interpretation of by-laws.
By legal force, normative acts in the Russian Federation are divided into laws and by-laws, local documents, as well as those that are issued by local authorities. Among all of them, the Constitution has the highest significance, which is the basic law of the state.After it, on the hierarchical ladder there are various laws that are adopted to regulate legal relations in specific areas of life and activity of both people and legal entities.
Less significant are documents issued by local governments, which prescribe rules of conduct for the population of a particular region. And, finally, among all the listed acts, local ones have the least significance, since they spread their power only at the level of a certain institution.
Laws and regulations
In the group of regulatory legal acts of the Russian Federation, laws have a greater degree of legal force, as well as by-laws issued under their supervision. Each law is very important for the state because its content contains information on the rights, freedoms and duties of both the common man and citizen, and legal entities in a certain area of the legal life of the state and society.
Among all laws, the Constitution of the Russian Federation is of great importance, which prescribes not only the rights and freedoms of citizens of the country, but also persons with other statuses, but also determines the status of the country, as well as some of its important bodies.
In addition to the constitution in the legislative framework, there are other laws and codes that most clearly reflect the legal characteristics of behavior in various spheres of life. For example, the essence of relations related to the use of land is reflected in the articles of the Land Code. The exact penalties for committing crimes and misconduct, as well as descriptions of the acts themselves for which liability is laid down, are spelled out in the articles of the Administrative and Criminal Codes, and the subtleties of legal relations related to common life, marriage, inheritance are considered in the Family Code, as well as partly in the Civil.
By-laws - these are all documents of a normative nature that are issued to certain laws by certain executive authorities, which are competent to resolve industry issues reflected in the document. In addition, the body that issues the by-law must certainly have the right to create law. By-laws in Russia are issued by federal departments, ministries, and other executive bodies. Each by-law normative legal act must exactly comply with all the norms of the laws of the Russian Federation, and not contradict them in any way.
Another common type of regulatory legal acts are contracts. Bright examples of contracts that have the force of a regulatory legal act are collective agreements concluded at enterprises between employees represented by the trade union and the governing body or the sole head of the entire organization. This type of regulatory legal act is local in nature and is widely used in the field of labor law.