In order for the legislative system to remain a system under any circumstances, containing interconnected elements, possessing the necessary and quite sufficient combination of them, being internally consistent and consistent, as well as functioning, developing and improving normally, it is necessary to provide it with a constant impact of systematization (special process). This article fully examines the activities of law-making bodies in order to systematize, as well as all aspects, one way or another affecting a relevant topic.
The concept
By systematization, it is now necessary to understand the activities of law-enforcement agencies related to the streamlining and improvement of regulatory material through its internal and external processing to maintain the absolute consistency of existing legislation, as well as providing legal entities with the necessary regulatory information.
What is needed for systematization of normative legal acts? The need for the operation is primarily due to the fact that today the process of issuing fundamentally new acts is being carried out continuously. In addition, due to the effect of the temporary factor, some acts of a legal nature in fact lose their existing force and become outdated. It often happens that significant contradictions accumulate between various prescriptions of legal significance.
This list can be supplemented indefinitely. However, it would be appropriate to proceed to the fact that in lawmaking systematization of legal acts was already known in 1833 in terms of practical consideration. So, one of the most respected codifiers of not only the Russian Federation, but also Europe, Speransky Mikhail Mikhailovich, noted that “bringing the legislative acts into a single composition” serves as “one of the initial needs of state significance”. In addition, he pointed to the weight of systematization in legal science. Mikhail Mikhailovich emphasized that “scientific jurisprudence cannot be founded under any circumstances when legislative acts are not brought into competent composition.”
The need for systematization
Relevant to date the goals of systematization of legal acts based on the existing need for it:
- For the availability of applicable law.
- For the convenience of using legislation, if necessary.
- To eliminate ineffective and outdated legal regulations.
- For the absolute resolution of conflicts of a legal nature.
- To bridge current gaps.
It is important to note that in any case, Russian legislation streamlined through the systematization of regulatory legal acts allows one to quickly and effectively navigate the current set of acts. Thus, the periodic implementation of the operation in question involves the quick finding of the necessary legal acts. In addition, it is important to establish their relationships with other acts of a similar nature, to identify conflicts, some changes, and so on.
Systematization of normative legal acts: concept and types
As it turned out, the systematization of the analyzed positions should be understood as the activity aimed at improving and maximally competent streamlining of legal acts through their external and, of course, internal processing in order to influence relations in society in a systematic way. In other words, this is nothing more than bringing the current legislation into an optimally working system.
Systematization of normative legal acts, concept and types in accordance with modern jurisprudence, it includes the three most used methods (types). So, systematization can be done by:
- Incorporations.
- Consolidation.
- Codifications.
Incorporation. Incorporation example
At present, under the incorporation it is necessary to understand the method (methodology, variety) of systematization, in accordance with which legal acts in one way or another are exclusively processed or not at all. In addition, they are placed in a certain order (chronological, alphabetical, subject, which is otherwise called systematic, and so on) in single collections of the corresponding sample, as well as publications of a similar direction. Systematization of normative legal acts involves the incorporation of a particular species. So, today it is customary to distinguish the following varieties of the category in question:
- Official incorporation involves the streamlining of legal standards by the direct author or other person authorized to take appropriate action through the publication of collections of relevant regulatory acts. It is important to emphasize that incorporation can be implemented on the basis of thematic (for example, “Code of the Russian Federation”) and chronological (for example, “Collection of Russian legislation”) principles.
- Unofficial incorporation as an option streamlining legal norms - Nothing but the external processing of Russian legislation, carried out by various associations or individuals in accordance with their own initiative without a special order, and also with the exception of control by law-enforcement bodies. However, law-enforcement bodies cannot be invoked when using the law (collections of legal normative acts on labor, civil and other branches of law).
Features of incorporation
Incorporation in quality ways to systematize regulatory legal acts endowed with the following characteristics:
- The possibility of existence, both officially and informally.
- The subjects of incorporation can be both private individuals and public organizations, and government bodies.
- Under no circumstances does incorporation concern the normative content of a legal act: legal standards are subject to incorporation in the form in which they apply systematization of normative legal acts.
- Normative acts may be subject to incorporation both in the form adopted by law-making bodies and may be subjected to the external processing considered below.
External processing type
What is the external processing of existing legal acts? The following algorithm is appropriate here:
- Separate paragraphs, paragraphs and articles that are no longer valid are deleted from the main content. At the same time, all subsequent ones immediately after the formation of the act of change are included in the material.
- Parts are excluded that do not contain regulatory requirements.
- As a result of incorporation, a collection of laws, a special collection of laws, or another normative act are issued.
It is interesting to note that a special type of legislative collection today is the code of laws, which is:
- A collection of current legislation in the incorporated form without any exceptions.
- Source of official publication.
- The incorporated publication of legal acts of the highest organizations of the state type of power (executive and legislative).
Consolidation
Now it would be advisable to fully consider consolidation as a form of systematization of legal acts, as well as consolidation system. It is important to note that in the case presented, several normative acts that are similar in content are combined into a single, enlarged (large-scale) act of a regulatory nature in order to overcome the multiplicity of normative acts, as well as to ensure the unity of legal regulation. Currently, consolidations are characterized by the following features:
- It is a peculiar law-making device (by the way, incorporation, even if official, has nothing to do with law-making).
- Produced exclusively by law enforcement agencies. In addition, its implementation is only relevant for those legal acts that they have adopted.
- In the case of consolidation, the combined legal acts lose their existing force, and they are replaced by a newly formed act of regulatory nature with the corresponding official details (date of adoption, name, identifying number and, of course, signature of the direct official).
It must be added that, in accordance with its nature, consolidation takes an intermediate position between codification and incorporation.
Codification
The following variety (methodology) of systematization of normative legal acts - this is codification. Like the categories discussed above, it is endowed with certain characteristics of an individual scale. In addition, this method is the most popular today. Codification is this kind of systematization, which is of a law-making nature and is aimed at the formation of a fundamentally new regulatory act of a consolidated type (code, legislative framework, and so on) through radical processing of earlier relevant legislation to absolutely ensure uniform regulation of a particular social sphere, which should somehow be internally consistent.
Features of codification
Like the two categories presented above, codification is determined by individual characteristics, including the following items:
- Codification is the most complex in terms of structure, but at the same time, a perfect form of such a category as systematization.
- In accordance with its essence, codification is a form of law-making, since the object of the procedure is nothing but legal norms.
- The codification is carried out exclusively by competent authorities of national importance on the basis of powers of a constitutional or other orientation at the legal level.
- Codification, one way or another, introduces a new nuance in the regulation of current legal norms (in any case, it represents a “legal reform”). As a rule, this is due to large-scale social transformations. Here you can see a clear difference between the category in question and incorporation, which is permanent and is carried out periodically. In addition, the results of incorporation are calculated over a long period.
- The result of codification is nothing more than a codification act that distinguishes logical and legal integrity, a consolidated focus (combines normative prescriptions that have not lost their own significance), a complex structure and a significant volume, the dominant role among other industry acts, as well as wide coverage in terms of social spheres of public life.
Codification acts
It is important to note that codification acts are classified in accordance with three varieties, among which the following items:
- The foundations of the current legislation, which establish the most important regulatory model provisions of a particular industry or field of government on the part of the federation.
- Code-complex, which is a set of legal standards, united in a single act and regulating a specific area of public life (for example, criminal or civil).
- Regulation or charter, which are complex acts of special action. It is important to note that their publication is carried out not only through legislative, but also through other law-making bodies (government, president and so on).
In conclusion, it would be appropriate to note the problems of systematization of normative legal acts that exist today in the Russian state. Thus, the following items are relevant among them:
- Insufficiently effective processing of a single internal structure regarding the systematization of regulatory acts in terms of consistency.
- The presence of a large number of formally valid, but in fact have lost their own force of legislative and other regulatory acts.
- The fact that some normative acts, up to the charters and designs of the subjects of the Russian state, are not coordinated with federal ones.
In the process of reviewing material affecting the systematization of normative legal acts of the Russian Federation, it turned out that today there are many problematic points on this topic (for example, the system of sources of existing law in one way or another needs a clear division of labor, as well as clearly defined goals). Nevertheless, the relevant government bodies are actively engaged in these issues and, of course, are increasingly improving the overall system.