The legal system of most modern states operates on the basis of regulatory acts. Such sources of law in the Russian legal system are represented in the widest range of varieties. What kind authorities responsible for the adoption of regulations in the Russian Federation? What is the specificity of the subordination of the relevant sources of law in the aspect of the comparison of legal force?
Normative acts in the system of sources of law
Normative acts are one of the most common types of sources of law in modern states. Depending on the specific country, they will be leading or combined with other categories, such as, for example, legal custom or judicial precedents. The main feature that characterizes normative acts is that they are published with the direct participation of political institutions (legislative, executive bodies). This means that in all cases they will have an official, generally binding character. Consider other signs characterizing regulatory acts.
Signs of regulations
First of all, we note that the sources of law in question are of a law-making nature. Norms are established, adjusted or canceled through them. Another most important feature of normative acts is that they are issued within the competence of a specific authority (for example, parliament). Relevant sources of law have a written form, and also have various details (if we talk about the Russian legal tradition, then they include the type that adopted the authority, the date and place of approval of the act, its number).
Normative acts should not contradict those sources of law for which legal force is higher. They must also be public. Normative acts are sources of law aimed mainly at regulating relations in society as a whole or within a certain social group. If a particular act does not meet this criterion, then it is not correct to consider it normative.
Correlation of laws and regulations
Is law and regulation the same thing? It all depends on the interpretation of these terms, the options for which may be many. A law in the general legal sense is any source of law, including one that is based, for example, on legal customs. In this sense, the terms in question can be synonymous, since any normative act will be law anyway. However, other interpretations of the concepts under study are possible.
The law in the narrow sense is a legal act adopted representative body power - by the Parliament. At the same time, certain types of regulatory acts may exist in the legal system of the state, in the development and approval of which the Parliament does not participate. If we talk about the Russian model, it can be Decrees of the President of the Russian Federation or Government Decisions.
The decree of the head of state is a normative act, but not a “law” in the narrow sense of the word. And therefore, it is incorrect to identify the terms in question in this context. In turn, the State Duma and the Federation Council develop and approve legal acts, classified as “laws”, but in a narrower sense. Since they are considered normative acts, in this context it is possible to identify the terms studied by us.
Legal validity criteria
What is the legal force of the sources of law in question? If we talk about the legal model that has developed in the Russian Federation, it can be noted that the regulatory acts of the Russian Federation in any case comply with the principles defined at the level of the Constitution of the country, as well as the classification that is set forth in the basic law of the state. The principle of subordination of sources of law is respected.
Classification of Acts: Constitution
Let us consider what types of regulatory acts are in the Russian legal model. The key law of Russia is the Constitution. The peculiarity of this regulatory act is that it is designed to balance the interests of various groups of society, as well as formulate basic provisions that reflect the principles of a public contract between citizens and the state.
The Russian Constitution is a normative act characterized by supreme legal force. It establishes the key principles of state governance, which should be disclosed in regulations with lower legal force. The specificity of the Constitution of the Russian Federation is that it is approved in the course of direct voting by citizens of the Russian Federation. The remaining government bodies are formed in accordance with constitutional norms.
Classification of acts: laws
A step below regarding the legal force of the Constitution in the legal system of the Russian Federation are laws. They are government regulations adopted by the legislature. In the Russian version, it can be federal or regional. Laws are characterized by a number of special features. Consider them.
Firstly, it is assumed that the laws reflect the will of the citizens of the country, which is delegated through representative bodies of power. Secondly, laws are characterized by the longest duration of validity in comparison with other normative acts with less legal force. Thirdly, this type of regulatory acts of the Russian Federation are adopted in a special procedural order.
Laws in the Russian Federation are presented at two levels - federal and regional. Which are the first? At the top step are Federal constitutional laws. Further, two types of acts have equal legal force. Firstly, these are the Federal laws - sources of law adopted upon the approval of the Constitution of the Russian Federation in 1993. Secondly, these are laws (sometimes called “ordinary”) - sources of law adopted before the basic law of the country was approved. Codes - Civil, Family, Tax and others relate to the Federal Law.
It can be noted that the RF Law on Amendments to the Constitution plays a special role in the legal system of the Russian Federation. This act is characterized by significant restrictions in terms of the circle of persons who have the right to submit it to the Parliament for discussion. Also, subjects of the Russian Federation must approve it.
Let us consider in more detail the specifics of various types of Russian Laws, as well as other sources of law, which may have signs of legal norms. Let's start with the Federal constitutional laws - the second most effective acts after the Constitution of Russia.
Federal constitutional laws
These normative acts are an instrument of state regulation of key social relations referred to in the Constitution of Russia. A significant part of the FKZ is aimed at legalizing the status of key political institutions. In particular, such acts include the FKZ on the Government of the Russian Federation or, for example, the Constitutional Court of Russia. Other FKZ regulate various legal conditions. These include the law that defines the conditions and procedure for the introduction of state emergency situations. Federal constitutional laws are the main source of law within the framework of precedents reflecting changes in the territorial composition of the Russian Federation - for example, when new entities are accepted into Russia.In order for the FKZ to be adopted, at least two-thirds of the State Duma deputies, as well as three-quarters of the Senators of the Federation Council must vote for it.
Federal laws
These federal regulations are among the most numerous. Moreover, in practice, the Federal Law can be represented in a fairly wide range of varieties. So, for example, a variety of federal laws are various codes, which are systematic sources designed to regulate a particular sphere of public communications.
Many Codes are considered fundamental acts in certain areas of social interaction. For example, the Civil Code of the Russian Federation is a normative act that has the highest legal force in the midst of civil acts. A similar role is played by Budget, Family, Tax Codes.
Ratification laws
It can be noted that in the Russian legal system there is a special type of regulatory acts - federal laws that ratify (or, conversely, denounce) various international agreements of Russia. These sources of law work in accordance with the provisions of the 15th, as well as the 106th articles of the Constitution of Russia.
The main feature of these normative acts is that they have legal force higher than laws adopted within the state.
By-laws of the federal level
There are also by-laws in the Russian system. These may be decrees of the head of state, government decrees and other sources of law designed to supplement federal and other laws. Their legal force is lower than that of the Federal Law and Federal Law, but the procedure for their adoption is much simpler: the President of the Russian Federation, for example, does not need to coordinate his actions with the Parliament. However, the head of the Russian state cannot issue a direct decree directly contradicting the provisions of the Federal Law and Federal Law.
Presidential Decrees
The main role of the Decrees is to give the status of normative acts to the competencies of the President of the Russian Federation, which are fixed in the 4th chapter of the Constitution of Russia. Decrees of the head of state are binding throughout the Russian Federation. They, as we have already noted above, should not contradict the Federal Law, the Federal Law, and, of course, the Constitution. It can be noted that some Presidential decrees are classified as non-normative. At the very beginning of the article, we determined one of the criteria for classifying a particular source of law as normative acts - publicity. Accordingly, those decrees of the head of state, the provisions in which do not imply this criterion (that is, aimed at a narrow circle of persons), are non-normative. Such acts may be associated, for example, with resignations or appointments in the Presidential Administration and other authorities.
Government Decisions
The Decree of the Government of the Russian Federation is also a normative legal act that belongs to the category of by-laws. They are published on the basis of the provisions of the constitution of the Russian Federation, various federal laws or the decrees of the head of state. They are also required to comply in all regions of the country. At the same time, the President of the Russian Federation has the right to cancel the Decisions of the highest executive authority, if they contradict the basic law of the country (Constitution), the Federal Law or the Decrees of the head of state. Decisions are being executed within the scope of the jurisdiction, which may relate to the Russian Federation or, jointly, to the Russian Federation and subjects. Thus, executive bodies at the federal and regional levels operate within a single system.
AT structure of the Government of the Russian Federation various ministries and departments work. They may also issue regulations. These may be instructions, letters, orders, regulations, etc. Their legal force is sufficient from the point of view of the mandatory execution by citizens and organizations involved in the field of legal relations, which is regulated by the relevant act. Sources of law published by federal bodies must be registered with the Ministry of Justice of Russia, and also subsequently published.
Regional laws
Russia is a federal state. This model of political structure assumes a fairly pronounced autonomy of the administrative-territorial entities - republics, territories, regions. Each of the regions of the Russian Federation has its own system of regulatory acts.
The subjects of the Russian Federation in the status of territories and regions have charters, those that are republics have constitutions. Their role, in general, is similar to that which fulfills the basic law of Russia. That is, these legal acts record the formation of political institutions, regulate key social relations. Constitutions and Charters must comply with all legal acts approved in the territory of the subject. In turn, not one of the acts adopted in the region should contradict any federal law or the Constitution of the state.
Regional laws are approved by representative authorities, in the formation of which participate citizens living in the subject of the federation. In some cases, these legal acts can be developed on the basis of joint management criteria. For example, if one or another law is worked out at the federal level, then its specificity may involve the issuance of acts ensuring its implementation by regional parliaments. By analogy with the Presidential Decrees and Government Decisions, the heads of the regions, as well as the executive bodies in the subjects can issue their own regulatory acts.
Municipal laws
The Constitution of the Russian Federation determines that local government system in Russia should be separated from the state. Municipalities may create their own regulations within their competence. These may be various decisions, orders or, for example, orders. The greatest legal force is characteristic of the charters of municipalities. Those acts that are issued by local governments are binding on residents of municipalities.
Corporate specifics
The term "normative act" can be used not only in the aspect of state activity, but also in the field of civil relations. So, for example, there are regulatory acts of an organization, enterprise - commercial or not related to business. However, the subject matter is extremely localized. Moreover, an enterprise can publish its own sources of law, based on the provisions of a limited group of state regulations.
So, for example, the 8th article of the Labor Code of the Russian Federation gives organizations a similar right - to publish their sources of law locally. Regulatory acts of organizations may be aimed at the implementation of certain labor law standards in the structure of an individual company. For example, they can establish certain internal rules in the organization, predetermine the technological aspects of employee interaction. In many cases, their adoption requires agreement with the union. Of course, locally adopted normative acts should not contradict other sources of law in force in the country.