The article considers the systematization of legislation, the concept and types of such forms of law-making as consolidation, incorporation and codification. The stages of systematization and problematic issues of regulation of the codification of legislation are also presented.
Basic concept
The concept of systematization of legislation can be represented in the form of focused activities of the competent authorities, which is aimed at improving and streamlining the legislation with a view to ease of application and use in practice.
The concept of systematization includes several forms of legal activity:
- collection of existing regulations, their placement and processing according to a certain system;
- publication of various collections and collections;
- adoption of acts on the basis of combining disparate rules of law that were issued on one request;
- systematization of legislation on the basis of the adoption of acts that contain old and new rules of law.
Signs and principles of systematization
Based on the functions of institutions that take into account legislative acts, we can distinguish the following principles of systematization:
- the reliability of information based on official sources, as well as the timeliness of fixing changes that were made to legal acts;
- systematization of legislation, expressing the completeness of the information base, providing the fixation of reference information;
- ease of use, which is necessary for a high-quality and prompt search for legal information.
Signs of systematization:
- carried out by competent authorities, but in practice there is also an informal systematization;
- poses a special type of legally significant activity;
- systematization of legislation by its nature is aimed at creating codified legislative acts;
- the object of activity is legislation in the form of a system of legal acts;
- expressed as a continuous activity of eligible persons.
Goals
Consistency was originally laid down in the legal nature of all existing normative acts. Systematization of Russian legislation includes such goals:
- the establishment and elimination of existing legislative defects;
- informational impact of the rule of law on human justice;
- ensuring maximum convenience of using legislative acts;
- increasing the effectiveness of current legislation;
- promoting research and study of legislation.
Systematization of legislation has the following properties:
- ensures the detection and elimination of all inconsistencies in the rule of law that are outdated or contradictory to each other;
- allows to improve the existing rules of law, to give them consistency and consistency;
- makes it possible to quickly navigate the regulatory framework.
Forms and types
Forms of systematization of legislation include the following:
- preparation and publication of various collections and collections of normative acts;
- collection by state bodies, institutions and enterprises of existing legal acts, their storage and processing;
- preparation and adoption of the rule of law on the basis of combining disparate acts;
- adoption of new regulations.
Types of systematization of legislation:
- Codification.
- Incorporation.
- Consolidation.
Codification
This element of systematization is a form of processing the existing law, it is also presented as a way to streamline legislation, exemption from obsolete norms.
Systematization and codification of legislation can be of several types:
- Universal codification - the adoption of a certain series of codification norms, as well as the creation of an agreed system of legal acts.
- Intersectoral codification. It allows the combination of legal norms not in accordance with branches, but according to the principle of regulation of all categories of social relations. This type of codification is also called complex, since it is considered an additional direction in codification works, which are essential for society.
- Industry codification. It appears in the form of systematization of legislation, which, in essence, covers certain branches of law.
- Special codification - the publication of acts that govern a particular institution of law.
Codification. Main characteristics
Codification has a number of distinctive features:
- regulates a significant sphere of relations (labor, property, marriage and family relations);
- codified acts coordinate fundamentally important issues regarding public life, which are the normative basis of a particular institution of law;
- methods of systematization of legislation, acting in the form of codification, are designed to create stable and sustainable standards that are aimed at a long term impact;
- being the result of improving legislation, the codification is presented in the form of a consolidated act, ordered by the totality of all interdependent regulations;
- It is a document that includes valid standards that are tested by life and practice, due to the dynamics of society.
Incorporation
The methods of systematization of legislation include incorporation. This element is presented in the form of a systematization in which legal acts of one of the levels are combined partially or fully into published collections.
The incorporation is presented in the form of continuous activities of state and other bodies to maintain legislation in a control state, to ensure its accessibility, to supply a wide range of entities with reliable information regarding laws and regulations of the current edition.
Incorporation acts as a lower level of systematization and is a prerequisite for codification. Its peculiarity lies in the fact that no changes are made to the legal content of acts, therefore, the content of such norms, in fact, remains unchanged. It is this property that distinguishes it from consolidation and codification.
Classification
The types of systematization of legislation in the form of incorporation are divided in accordance with the legal force, the nature of the placement and the scope of the material covered, as well as the method of processing it.
Based on the legal force of the adopted collections and collections on the subject, which produces a systematization, there are such types of incorporation:
- Official - is carried out on behalf of, on behalf of or with the sanction of the authorized law-making body, which approves or approves the prepared code of laws. Such a collection of laws is endowed with an official character, and therefore its materials can be referenced in the case of law enforcement or law-making activities.
- Semi-official - the publication of collections and collections of legislation, based on instructions from the law-making body, by specially authorized bodies. The law-making body does not make official approval and approval of collections, therefore, such regulatory texts are not endowed with an official character.
- Unofficial - carried out by entities that do not have special authority to publish collections of legislation. Therefore, this type of activity is carried out only at the initiative of the subject himself, and regulations, respectively, are not endowed with legal force.
In accordance with the nature of the location of the material, incorporation is:
- Chronological - the rules of law are arranged sequentially, based on the date of publication. By-laws and laws are published in this order.
- Systematic - normative acts are placed on thematic sections, based on the content. In each section, the distribution of acts is made in accordance with the subject principle (in other words, based on areas of state influence).
- Mixed - with this form of systematization, the publication of legislative norms are combined according to the subject and chronological principle of the location of the material. This means that sections of the meetings are compiled thematically, and regulations are arranged in chronological order.
Incorporation is also classified based on the amount of regulatory material covered. On this basis, partial (industry) and general (full) incorporation are distinguished.
Based on the methods of processing the rule of law, systematization happens:
- Simple - repealed norms are excluded from regulatory enactments, as well as those provisions whose validity has expired.
- Complicated - formally not canceled, but at the same time invalid acts, should be excluded from collections.
The result of this type of systematization is incorporated collections, collections, collections.
Consolidation
Methods of systematization of legislation that appear in consolidation are presented in the form of regulatory impact, in which the existing regulatory acts are to be combined without changing the content. In this case, acts of lawmaking are combined on the basis of relevance to one of the types of social activities. They are subject to approval by the law-making body as a new source of law, and previous acts are recognized as invalid.
The subjects of consolidation are the official bodies of lawmaking.
Stages
Systematization stages:
- Drawing up a work plan, stages, goals, necessary funds to ensure this kind of event are indicated.
- Selection of the form of systematization.
- Determining the amount of proposed regulatory material to be processed.
- Collection and synthesis of legal material, as well as its registration.
- Exemption of material from acts that were previously canceled.
- Compilation of lists of acts that are actually not valid, and therefore subject to exclusion from subsequent codified work.
- Approval of the list with the authorities that took part in the approval of unaccepted legislative acts.
- An exception to the texts of the current norms of the law of introductory parts.
- Creating an alphabetical file cabinet.
- Development of a collection in which the material will be presented.
- Establishment of existing contradictions in the legislation.
Problems of systematization of legislation
The main disadvantages of grouping domestic material include the following:
- Some sections have an outdated division.
- Financial law is not well developed, as it does not include the section “Accounting”.
- The classifier has a number of errors, for example, “Trust” - a subsection that is contained in the section on property (the Civil Code does not provide for such an institution).
- Among the forms of actually existing entities there are such types of organizations as foreign companies, small and joint ventures, exchanges. All these are forms not provided for by the current Civil Code.
Conclusion
The article examined the systematization of legislation, the concept and types of legal activities such as codification, incorporation and consolidation. The main feature of systematization is the streamlining of legislation along with its improvement and updating. The final goal of systematization is the adoption of a new, stable legislative system.