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By-laws: concept, signs, types. By-laws are ...

By-laws and regulations are intended to specify the provisions adopted at a higher level. As a result, the understanding and application of the latter is facilitated. Laws and by-laws, therefore, are in close connection with each other. Specific provisions are adopted on the basis of basic requirements, taking into account the specifics of different sectors of society, individual interests, and territorial features. Let us further consider the features that the by-laws and regulations have. by-laws it

Specificity

There are two features that characterize the category of documents in question. First of all, laws and regulations contain certain provisions. New regulations, documents adopted at a lower level cannot be introduced. By-laws have a lower legal force than the Federal Law. If the provisions of the former contradict the requirements of the latter, then the latter shall apply.

Classification

By-laws are:

  1. Orders and decrees of the President.
  2. Government Decisions.
  3. Acts of executive regional authorities.
  4. Decisions of departments and ministries.
  5. Decisions of local authorities.
  6. Local documents. by-laws

Orders and Decrees

These by-laws are documents that have influenced the development of the domestic legal system for many centuries. In the pre-revolutionary period, for example, in the form of the Decree the Highest command of the monarch was approved. In fact, by-laws at the time had the force of law. Under Soviet rule, decrees were issued by the Presidiums of the USSR Armed Forces and the republics. Some of them were submitted for approval to the session of representative (legislative) bodies.

Currently, in accordance with the current Constitution, the President can issue decrees and orders. It is worth highlighting the feature that distinguishes these by-laws - this is the difference in significance. So, the Decree is considered a document with a broader effect. Moreover, the Order is an order of a narrower, specific focus. The latter, as a rule, do not act as by-laws. These are documents that are most often adopted on operational issues of public administration. Nevertheless, a number of Presidential Orders specify the requirements of the Federal Law. Decrees are also not always normative acts. Often they relate to certain management issues (appointments, assignments, and so on). laws and regulations

The main features of decrees-prescriptions

Acting as by-laws, these documents:

  1. They cannot contradict the Federal Law.
  2. They take precedence over other by-laws.
  3. Regulate various areas of society.
  4. Includes legal provisions.
  5. They have a generally binding character.

Decrees, acting as by-laws of the Russian Federation, can be classified in accordance with powers of the President. Thus, documents can be adopted within the competence of the parliament or of its own. Decrees are also issued, which are subject to approval by the Federation Council. These, for example, include provisions on the introduction of emergency or martial law representations of the appointment of the Prosecutor General, judges of the Supreme Arbitration Court, Supreme Court, and the Constitutional Court. by-laws

Government Decisions

They are adopted on the basis and pursuant to the provisions of the Constitution, Federal Law and Presidential Decrees. Thus, these acts are not only subordinate, but also “subordinate” in nature.Decisions approved by the Government contain prescriptions, the implementation of which is carried out within the powers and spheres of competence of the Russian Federation and its constituent entities. As a rule, these bylaws are focused on a narrow circle of executors and are considered law enforcement.

Decisions of departments and ministries

They are subordinate to government regulations and usually have sectoral significance, extending to persons employed in a particular field. In some cases, due to the functional, intersectoral orientation of departments and ministries, acts can be sent to several structures and regulate the relevant relations. Documents are issued in the form of Instructions and Orders. The latter, in turn, may or may not be normative. The first concern the most important issues of the functioning of the federal executive bodies: structure, activities, tasks. Non-normative Orders act as law enforcement acts. The instructions regulate the main forms of performance, as well as official (functional) duties of specific categories of employees. They have normative content. regulations of the Russian Federation

Subjective Decisions

Presidents of the republics that are part of the Russian Federation issue orders and decrees. The legal authority to adopt the provisions is vested in the heads of the administrations of AO, regions, territories, cities of the federal government. values, counties, regional government (if any), governors. They approve orders and decrees. Regional departments and ministries, departments and other structures issue instructions and orders. Each such by-law legal act is adopted in accordance with the authority of the authorities, on the basis of the Charter, the Constitution (including the All-Russian) and has a local scope. They are valid only within the territory of the respective region. All these acts can be both law enforcement and regulatory.

Local authority

According to the Constitution, municipal authorities independently manage territorial property, approve and implement local budget items, determine fees and taxes, protect public order and solve other issues within their administrative-territorial unit. Within the framework of its authority, the MO authorities issue:

  1. Orders and decisions of the heads of local government.
  2. Acts of representative bodies.
  3. The provisions of rural and village assemblies (gatherings).

These acts may be law enforcement or regulatory. by-law

Local provisions

These by-laws are intended to regulate scientific, commercial, industrial, managerial, educational and other relations concerning the appointment of an institution or enterprise. Each such organization should have a Charter, a Regulation or another document of a constituent nature, requirements for ensuring internal discipline (rules of procedure), and so on. The effect of such acts has legal significance. In this regard, all adopted local provisions must be registered or approved by authorized state bodies. In this category of documents, relatively independent groups are distinguished. Local regulations include, but are not limited to:

  • Orders, orders of an individual or regulatory nature, which are adopted by the management of enterprises, organizations and institutions. Through these documents, regulation of material incentives, internal regulations and so on is carried out.
  • Decisions adopted by the collegial (elected) governing body. Such structures, for example, include the board of directors, the general meeting of participants (founders, shareholders) and so on.


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