It is difficult to overestimate the role of jurisprudence and law in the life of modern people, because it is thanks to the code of laws in public life that order and prosperity can be achieved. Laws are tools and means for regulating and achieving public goals.
The role of legal acts in jurisprudence
Legislative acts in the field of the legislative field are normative established documents that are issued by the competent authorities or representative offices of social structures in order to regulate legal relations and restore order.
Legal acts are divided into normative and non-normative, they have common features and some differences. For ministers of public order and law, as well as for those who want to be aware of the law, it is very important to know and understand what is common between them. From the article we learn their main differences.
What is the difference between non-normative acts and normative acts? First of all, it is necessary to specify their meanings and point out common features. These types of legislative acts are legal legislative documentation drawn up by a certain structural body of state authority. The formation of such legal acts is within the competence of the highest legislative bodies of state power, as well as executive bodies, departmental institutions. They come into legal effect after their adoption, but there are a number of differences between them.
Difference
What is the difference between a regulatory act and a non-normative one?
There is a difference between them, and in practice it is quite significant. It is very important to take into account the differences and concepts of normative acts and non-normative acts. Their action extends to the most important areas of public, social and economic life of the population.
The first difference is the higher legitimacy of normative acts in comparison with non-normative from a legal point of view. The first type of documents comes into force through the adoption of representatives of legislative bodies. In the meantime, non-normative acts are prepared by the executive branch.
The second difference indicates that normative documents are intended to regulate the most important areas of public life, and non-normative documents regulate other types of public relations and operations. They need legal support. Documents of a non-normative nature supplement, specify, serve as auxiliary acts.
Also, the difference between normative acts and non-normative acts is the difference in legal weightiness. The former have the highest legal force and weight. And the second ones are inferior to the first in strength and significance, obey them, cease to exist if there are any inconsistencies or contradictions with regulatory documents.
The fourth difference is that normative legal acts are adopted collectively by higher authorities, and non-normative ones are formed collectively or individually. They are created by the relevant authorized or legally involved in the matter persons.
The fifth difference between a normative act and a non-normative one is the difference in their composition and structure. Acts of normative types are branched, extensive and detailed in their structure, and documents of the second type do not have a clear composite content.
Why is it important to distinguish between them?
The mixture of normative acts and non-normative acts is very fraught, since from a practical point of view the boundaries of competence of certain authorities and structural and organizational units subordinate to them should be strictly regulated and delineated. Erasing the boundaries between them leads to exceeding the authority of certain bodies, which are called upon only to adhere to, execute and control the operation of laws, and not to issue them. This is another fact of the difference between a normative act and a non-normative one. Misunderstanding of these boundaries entails law enforcement, chaos, lack of system, confusion on the part of various agencies in the process of adoption of acts.
What is the main difference between a normative act and a non-normative one?
Differentiation of these legal documents makes it possible to correctly implement active legislative rules, to properly understand various legal situations, to evaluate correctly the legal consequences and causes of legal proceedings and actions. Due to the assimilation of the difference of these legal acts in civil society, social relations are established on the basis of law and order. Since these distinctions well clarify which executive or legislative authorities have the right to issue these or those acts, as well as in which specific legal situation, one or another act must be used to achieve the final or intermediate goal in the case.
Appointments
The difficulty in understanding these two types of legal documents lies not so much in their differences, but at most in their common features. The fundamental general rule of normative and non-normative acts is in the sphere of distribution, since their actions oblige subordination by all civilians, state or public bodies.
The main difference is in the structure and organs that publish them. These differences arise at the legislative stage, and at the next stage of actions they work almost equally (after all, they are the laws), except that normative acts are used repeatedly and non-normative ones once.
Normative acts regulate generalized rules and norms of public relations between people. They apply to all participants in a legal relationship or affect a specific group. Their legal force is ongoing. They are used repeatedly, but due to the dynamism and the emergence of transformations of social, social, and economic life, they can undergo additional refinements and prescriptions. In such cases, are these regulations normative or non-normative acts?
Non-normative acts acquire precisely the form of auxiliary legal appendices and clarifications. They do not establish general and fundamental behavioral aspects of the subjects of legal relations, but rather express specific orders that are relevant at a given moment in the order. The scope of their distribution applies to a specific legal entity or individual, the application is single-use, and their power ceases to be valid after certain actions within the framework of the same regulation. Also, the difference between the two types of act is also in their form of expression of content.
General rules of normative acts and non-normative acts
All legal and by-laws are directly related to certain bodies of state importance. The rules of clear subordination in their implementation and implementation require this. The concepts of normative acts and non-normative acts are directly related to executive bodies and public administration bodies. Now it is necessary to appropriately identify specific and clear signs of regulatory documents. These include:
- They have law-making properties.They can be set, changed, canceled.
- Mandatory is the documentary form of normative acts with a set of details: type, name, name of the institution that issued the document, place, date, and number.
- Acts of normative types must necessarily be based on the Constitution, and also not have contradictions with existing normative documents that have a more substantial legal weight.
- They should be informative, clear, concise, understandable and communicated in the best possible way to citizens.
The state has the right to demand strict observance by citizens of the rules and norms of regulatory legal acts only in the case of strict and proper observance of the above principles.
Kinds
The legal act is widely and universally used in many modern public law systems.
The advantages of the category of normative acts include an increase in the role of state regulation and coordination, an adequate and quick reaction to transient and changeable processes in society, the ability to instantly convey to citizens the main ideas and laws in a documented manner in a detailed way.
Types of regulatory legal acts can be grouped on the basis of management entities, which they accept at their level (federal, regional or local).
At the federal level, they are adopted by the highest authorities and order. Their types include:
- The constitution of the state, which is adopted directly by the people of the country.
- The laws of the state, in the adoption of which the supreme body of legislative power takes part - the State Duma.
- Decrees adopted by the president of the state.
- Decisions the government is working on.
- Instructions that develop and detail ministries.
- International legal acts on which international organizations specialize, respectively, and which are ratified by the state.
At the regional level, laws are adopted by regional legislative assemblies, and decrees and resolutions are adopted by regional governors and administrations.
At the local level, the following types of acts are adopted:
- Decisions over which local governments work.
- Corporate acts that are developed by local special organizations.
Characteristics of non-normative acts
A legal act of a non-normative type is formalized and strict documentation. It is formed according to a given sample for the purpose of single use. It ceases to act after the actions declared in the act.
A standard non-normative act is characterized by the characteristics of a legal document in which there are no general rules of law. It seems to be a unilateral decision of the executive authority, designed to introduce law-making norms in connection with certain circumstances.
Non-normative acts specialize in the creation, transformation or cancellation of various kinds of legal relations, duties, rights and norms relating to a number of persons involved in a matter regulated by law.
The main key sign of the difference between a non-normative act and a normative one is the requirement for execution by the persons indicated in it. Meanwhile, the acts indicated by the second contain strict requirements and norms of civil behavior that apply to a wide range of participants. They assume long-term and repeated use.
Acts of abnormal species have individual properties, since they are aimed at a specific person or group of people united in a certain way.
Essential features of non-regulatory legal documentation are:
- Focus on the regulation of regulatory relations.
- The requirement of compulsory execution of the instruction, which is the fundamental qualified property of this type of acts.
- Non-normative documents are prepared by state authorities in an initiative way, therefore they are unilateral documentation
- A non-normative act may have the form proposed by another normative act, more legally weighty, but at the same time it may not be defined at all. Therefore, the form is not a mandatory feature of this type of documentation.
Documents of non-normative types may have the form of a decree, order, decision.
A non-normative act is subject to refutation by both the addressee and the citizen or group of citizens whose rights have been violated through this act.
In the process of non-normative acts, they can be refuted in the arbitration court. But only if there is a violation of the legitimate rights of citizens or a violation of the rules of subordination, that is, subordination and power.
Subjects of regulatory relations
Assessing and analyzing the differences between a normative and non-normative legal act, it should be strongly noted and emphasized that the former serve as a way of revealing the state’s power will. And she, in turn, is mediated by legal norms regulating social life. The specificity of normative acts is that the state, with the help of them, can achieve a certain goal in the economic, social, financial, political, foreign trade sphere of public life. The main task of the state is to properly convey this to citizens and to be aware of the rule of law and laws as soon as possible and better. That is, in fact, the subjects of such relations are virtually all members of civil society.
The difference between a normative and non-normative legal act also lies in the fact that any civilian can be the executor of non-normative prescriptions. Moreover, this person should participate in more narrowly focused legal relations. That is, non-normative documentation is operated on at various stages of legal processes in various fields.
Bodies publishing them
In general, normative and non-normative legal acts are ways to resolve the spheres of public life. Their implementation through compliance with prescribed legal norms and principles guarantees well-being and order.
It is worth noting the features of bodies issuing such documents. For example, bodies specializing in legal proceedings issue exclusively non-normative acts and only in a special form peculiar only to them. Any judicial body in itself is called upon to implement the legal consequences of evasion of legal acts, as well as monitor compliance with laws.
Non-normative acts may include, for example, decisions of tax authorities regarding the prosecution of certain persons, regulations of antitrust authorities, and documentation of federal significance.
They are compiled by legislative bodies, federal bodies, departmental organizations, and self-government bodies.
The vast majority of normative acts include non-normative legal requirements. Such a mistake in jurisprudence is categorically unacceptable, as it leads to unnecessary confusion and confusion.
Auxiliary additions, cancellation of actions, changes cannot be expressed in regulatory documents. This kind of violation leads to falsification of legal data and the same kind of speculation for one-sided gain. This is often due to incompetent bodies or institutions that exceed their authority.
Regulatory and non-normative acts issued in one and the same subject may contradict each other.
This inevitably leads to the destruction of the stability of legal relations and the legislative system, the lack of conformity between form and content, undermines the legal principles and norms of a law-abiding society, and destroys the law-making system as a whole.
Suggestions for improving this topic
After a detailed description of normative and non-normative legal acts and the difference between them, it is worth highlighting specific proposals on this issue.
Indeed, based on the foregoing, we can conclude that this section of legislative activity is blurred, having some significant inaccuracies.
The problematic nature of this topic is explained by the fact that, from a practical point of view, the differences between normative acts and non-normative acts are very fuzzy and blurry. Very often, a document is issued in the form of a legal act to establish legal relations. But he has an individual disposition and other signs of non-normative documentation.
The most important and essential way to improve the quality of the modern law-making system in the field of preparing laws of normative acts and non-normative acts should be to bring the standards for the preparation of the above-mentioned documentation into uniform forms. We can say that the differences between them must be strictly delineated and defined. One group of acts and the second should have its own structure, name, presence of distinctive attributes.
The creation of an appropriate competent authority of national importance, specializing in the registration and execution of legal documentation could also help bring this issue in order.
Based on the foregoing, it should be noted that the difference between normative acts and non-normative legal acts is fully present and it is significant enough to take mandatory measures by the state to eliminate such shortcomings.
The implementation of the above proposals will be able to increase the level of legal culture in the state, eliminate some offenses, reduce the number of lawsuits, maintain law and order and prosperity in the state for a long time.