Every domestic lawyer knows one common truth: the life of the population of any state is regulated through law. But theorists support a different position. In their opinion, law can be divided into several components, one of which will be positive law. This term includes the concept of legal practice, a set of legal acts and other elements that directly affect the life of society.
The most important role in the implementation of law is played by state regulations. This type of display of a legal norm has been the main one for several hundred years in a row. The problem is that not everyone can correctly state the essence of the concept of a “normative legal act”. To do this, one needs to understand not only jurisprudence, but also some theoretical issues of legal disciplines. Next, we will try to maximize the concept of legal acts, to consider their types and methods of occurrence.
What is a legal regulation?
A normative legal act, or NLA, is a document of official significance adopted by competent state bodies, other structures of social significance or a referendum. The procedure for their adoption is regulated peremptory norms legislation. The NLA contains generally binding behavioral rules that are designed for an indefinite number of people. Thus, the NLA is a form of realization of the law by the state through special regulatory documents, through which the regulation of public relations takes place. It should be noted that regulatory acts differ in their structure, as well as in the sources (bodies issuing regulatory legal acts).
Signs of a nap
Regulatory acts of the state differ from each other, but have common features characteristic of each of them, namely:
- The publication of the NPA is carried out exclusively by state authorities, local government, an official within the framework of his authority.
- Normative acts prescribe norms of behavior authorized by the state, in other words, rules of law that are generally binding.
- The action of the legal acts is designed for an indefinite number of people.
- NPA is characterized by repeated use.
- Legal norms in normative acts are capable of terminating, changing or creating new legal relations.
- Normative legal acts appear as a result of the lawmaking process.
Any normative act has the above list of features. The absence of at least one of them deprives the legal acts of legal force.
Legal acts in the countries of the Romano-German legal family
Since the Russian Federation is in the group of states of the Romano-Germanic family, the concept of a normative act should be considered with this particularity in mind. Regulatory acts of the Russian Federation - this is the main source of law in the state. NLAs are issued in a certain order (using legal equipment) by authorized bodies, as was already indicated earlier. In addition, in Russia and the states of the Romano-German legal family, normative acts form a system that has its own hierarchy. This fact allows us to talk about the classification of legal acts, based on their legal force.
Types of legal acts
Classification of regulations can be done according to different criteria. Most often, they are usually divided into by-laws and laws. Other types of NPA are also distinguished, for example:
- According to the object to which the act extends its effect - the legal acts of general, limited and exclusive action.Regulatory acts of limited and exclusive effect implement their norms only in the sphere of certain legal relations, without going beyond this framework.
- According to the entity issuing the legal acts - legislative acts (constitutional federal laws, federal laws, laws of the constituent entities of the Russian Federation), executive (decrees and decrees), judicial authority.
Also, other criteria of normative acts are distinguished in the theory of law, however, the above classifications are generally recognized.
Laws and regulations: what is the difference?
Given the fact that the Russian Federation is one of the countries of the Romano-German legal system, the division of the entire array of regulations into laws and by-laws is the most popular classification. These two species have their own characteristics and characteristic features. Laws have the highest legal force after the Constitution. Only legislative bodies can issue these normative acts. Adoption of the law takes place in a special order of lawmaking. They are also classified and together form legal system in the country. It should be noted that the laws spell out the basic, most important rules of law, which are generally binding. By-laws have other signs. They are published by executive authorities.
The norms of law enshrined in by-laws are considered to be based on the norms enshrined in laws, and may not contradict them. By-laws can be classified on the basis of the bodies that issue them, for example: legal acts of ministries, the president, departments, etc.
Lawmaking
Taking into account the fact that the legal acts are a specific form of realization of law or an official document, it is necessary to highlight a special procedure for their adoption, which is called "law-making". This term denotes a set of actions aimed at the preparation, adoption, publication of regulatory acts. Lawmaking is a mandatory procedure, as a result of which regulatory acts appear. It has features and certain stages, namely:
- Preparation of a draft regulatory act.
- Discussion of the project.
- Coordination of the project with the relevant authorities.
- Adoption of a normative act and its signing.
- Announcement of legal acts in official sources.
If we are talking about issuing laws, then the legislative process is slightly different. Lawmaking is carried out exclusively by legislative bodies, and also includes the publication of laws and by-laws of the highest state bodies. In turn, lawmaking can be carried out by any authorized bodies.
Registration of legal acts
In some cases, published regulatory acts of the executive authorities of the Russian Federation require state registration. This type of activity is the prerogative of the Ministry of Justice of the Russian Federation.
Registered acts are entered into the register of regulatory legal acts of federal executive bodies. Registration is mandatory and is carried out in cases where the normative act affects the rights and freedoms of citizens, their duties, changes the legal status of organizations and departments, has an interdepartmental character. Before registration with the Ministry of Justice, the normative act is checked for inconsistencies with the legislation of the Russian Federation. If such facts are discovered, then the normative act is returned to the department for revision.
Examination of acts of lawmaking
Examination of legal acts may be carried out by the Ministry of Justice of the Russian Federation and in some cases by the Ministry of Economic Development. A general examination is carried out during the registration of normative acts, which was mentioned earlier, as well as during law-making, because certain mandatory requirements are put forward to normative acts.NLAs must be issued by authorized bodies, have the proper form, meet the goals and objectives that the body sets for itself, comply with federal laws and the Constitution of the Russian Federation. In the event that normative acts affect the interests of business or investment entities, their expertise is carried out by the Ministry of Economic Development. The purpose of the examination is to identify standards that impede business or investment.
International regulations
The state can conduct both domestic and foreign policy activities. In the process of interaction with other states, the question arises of regulating international relations.
Thus, international legal acts appear. The subjects of these acts are states, the object is relations between states regarding intangible and material wealth. International regulatory acts can be of several types. For example, conventions international contracts, recommendations, notes. This implies the fact that international legal acts are the main way of regulating relations between states, which includes the use of international legal norms.
Conclusion
In conclusion, it should be noted that to date, many countries identify as the main way of influencing public relations precisely the legal acts. Examples of these official documents, the order of adoption and features were presented in this article.
