Current laws of the Russian Federation. Legislation of the Russian Federation

Signs of a normative legal act:

• powerful-willed character;
• repeated use;
• addressed to an indefinite number of people.

In Russia normative legal act is a written official document adopted in the prescribed manner by state bodies or the population - a decision on the establishment, amendment or abolition of legal norms with a particular scope in time, space and a circle of persons. In the Resolution of the State Duma of November 11, 1996 No. 781-II GD “On appeal to the Constitutional Court of the Russian Federation” it is defined as a written official document adopted (issued) in a certain form by a law-making body within its competence and aimed at establishing, changing or the abolition of legal norms.

Regulatory legal acts are divided into:

• laws;
• regulations.

Laws

Law is called written law, which is interpreted by lawyers. In order to eliminate confusion in interpretation, the system of regulatory legal acts has a strict hierarchy. In the first place are the norms of the constitution and constitutional acts equivalent to it. For example, in France, the Constitution of 1958 is only a part, albeit the most significant, of the current Basic Law. According to the preamble of the 195S act, the Declaration of the Rights of Man and the Citizen, 1789, and the Preamble to the Constitution, 1946, are part of it, mainly declaring rights and freedoms. The Constitution includes not only the two mentioned acts, but also “the basic principles, the recognized laws of the Republic,” to which the preamble of the Basic Law of 1946 refers. Constitutional norms have special authority, since they establish the fundamental foundations of the life of society. In this regard, in many states, constitutional provisions are adopted and amended in a special manner, for example, by popular vote. The special authority of these norms is expressed in special control over their compliance, the compliance of other laws lower on the hierarchical ladder with the norms of the constitution. In many countries, including the Russian Federation, a special body has been created for this purpose - the constitutional court.

In the classical sense law- this is a normative legal act that contains primary legal norms that were not previously in the legal system, or combines disparate norms, laying the foundations for regulation in full.

At the same time, the law regulates key aspects of the country’s life, fundamental economic, political and social issues.

This follows the main features of the law as a normative legal act:

• it is adopted by representative bodies elected by the people, or directly by the people themselves in a referendum;
• has the highest legal force;
• accepted in a special procedural manner;
• is stable in nature;
• adopted to regulate the most important socially significant public relations.

So, law - This is a normative legal act that has the highest legal force, adopted in a special legislative manner by the people or parliament, regulating the most important social relations.

Laws in their meaning and above all by legal force are divided into:

• basic;
• ordinary.

Basic laws

Constitution- this is a single legal act with special legal properties, through which the people establish the basic principles of the structure of the state and society, secure the rights, freedoms and responsibilities of man and citizen protected by the state.

Directly adjacent to the constitution constitutional (organic) laws, also establishing the legal foundations of the state and society (for example, Federal Constitutional Law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian Federation”). The need to adopt constitutional laws is directly provided for by the Constitution of the Russian Federation. They have a more complex procedure for adoption by the Federal Assembly than ordinary laws. An adopted constitutional law cannot be vetoed by the President (Article 108 of the Constitution of the Russian Federation). A variety of constitutional laws include normative acts of amendment to ch. 3-8 of the Constitution of the Russian Federation.

Ordinary laws

Ordinary laws represent acts of current legislation that are devoted to various aspects of the political, economic, and social life of society. They are published in strict accordance with the requirements of the Constitution of the Russian Federation, specifying its provisions and, according to their internal structure, are divided into:

• current;
• codified.

A typical example current The legislative act is the budget law, which is valid only for a certain year. Current laws may regulate any particular issue in a branch of law. Thus, Federal Law No. 67-FZ of December 17, 1994 “On Federal Courier Communications” regulates a rather specific type of public relations in the field of administrative law.

The classification of legal laws is important: labor laws, criminal laws, financial and credit laws, etc.

Various types of codes, charters, regulations, fundamentals are the so-called codified laws.

The Code (Latin codex - book, stump) is a single normative legal act that systematizes the legislation of any branch of law (civil, criminal, land, etc.). The Code is the result of complex law-making activities, during which a single, logically integral, internally consistent normative legal act is created.

Structurally, the code, as a rule, contains general and special parts. The general part establishes the fundamental principles and norms that determine the nature and content of the directly applicable norms of the special part of the code.

For example, the provisions of the General Part of the Criminal Code of the Russian Federation (CC RF) contain the principles and objectives of criminal law, general concepts of criminal law, which are specified in the Special Part.

A special role in the legislative system is played by industry codes, which accumulate the main provisions of a particular legislative branch; other regulations of this industry are “adjusted” to the industry code.

In addition, according to the nature of the legal norms contained in the codes, substantive and procedural codes are distinguished.

In addition to sectoral laws, the legislative system contains intersectoral laws that contain norms of several branches of law (for example, environmental laws include norms of administrative, civil and other branches of law).

In a federal state, such as Russia, federal laws and laws of the constituent entities of the Russian Federation differ.

Regulations

Regulatory legal acts that are issued in pursuance and on the basis of laws are called by-laws(decrees, orders, instructions, etc.).

In our country, in development of the Constitution of the Russian Federation and federal laws, the President of the Russian Federation, the Government of the Russian Federation, federal ministries, and committees also issue regulatory legal acts.

Regulatory legal acts issued by the President of the Russian Federation - decrees and orders - are adopted on a wide range of issues. The most important are decrees on the most important issues of the economy, culture, education, and defense capability of the country. In particular, thanks to Decree of the President of the Russian Federation of July 8, 1994 No. 1487 “On guarantees of the rights of citizens of the Russian Federation to receive an education” (lost force), complete secondary general education remained free. According to the current Constitution of the Russian Federation, the state guarantees free education only up to grade 10, i.e. basic general education. This Decree of the President of the Russian Federation does not contradict the Constitution of the Russian Federation, since it establishes broader guarantees of the rights of citizens compared to those enshrined in the Constitution of the Russian Federation.

According to Art. 90 of the Constitution of the Russian Federation, normative legal acts of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws. Consequently, decrees and orders are by-laws and cannot be adopted on issues subject to legal regulation in the form of federal laws. At the same time, there is currently a practice of adopting regulatory decrees of the President of the Russian Federation on issues that have not yet been regulated by federal law. Thus, the President of the Russian Federation adopted decrees on tax legislation, privatization of state enterprises, and the fight against crime. The presence of presidential decrees does not limit the right of the State Duma to adopt a federal law on the same issue and establish other rules of law.

Presidential decrees, which are normative in nature, come into force throughout the Russian Federation simultaneously after seven days after their official publication in the Rossiyskaya Gazeta. In some cases, a different procedure for the entry into force of decrees of the President of the Russian Federation may be established.

According to Art. 115 of the Constitution of the Russian Federation The Government of the Russian Federation issues decrees and orders that cannot contradict the Constitution of the Russian Federation, federal laws, and decrees of the President of the Russian Federation. As a federal executive body, the Government of the Russian Federation is vested with broad powers in the field of financial and credit policy, education, science, culture of federal property management, law enforcement, rights and freedoms of citizens. Carrying out the tasks assigned to him. The Government of the Russian Federation cannot but adopt normative legal acts in the development of federal laws. Every year the Government of the Russian Federation adopts more than 1 thousand regulatory legal decisions. All resolutions and orders of the Government of the Russian Federation are binding throughout the entire territory of the Russian Federation. Resolutions and orders of the Government of the Russian Federation that contradict the Constitution of the Russian Federation. federal laws and decrees of the President of the Russian Federation are subject to repeal by the President of the Russian Federation.

Regulatory legal acts play an important role in the system of subordinate federal acts federal ministries. Such acts, as a rule, regulate relations within the ministry system and are adopted in accordance with and on the basis of the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, as well as regulatory legal acts of the Government of the Russian Federation. However, individual ministries have the right to issue normative legal acts regulating relations with citizens, as well as with bodies, institutions, and enterprises that are not part of the ministry system. For example, the Ministry of Education and Science of the Russian Federation issues regulations on the certification of schoolchildren and the organization of the educational process. Such acts are mandatory both for employees of educational institutions and for other citizens.

In order to exclude violations of the rights of citizens and other persons, normative acts of ministries and departments that are of a generally binding nature are subject to registration with the Ministry of Justice of the Russian Federation.

In order to ensure the development of a unified legal space of the Russian Federation, the Ministry of Justice of the Russian Federation maintains the Federal Register of Normative Legal Acts of all constituent entities of the Russian Federation, which today has already included more than 200 thousand legal acts. Its information resources can be accessed via the Internet.

Legislation in a broad sense is a system of normative legal acts in force in the country, including not only legislative but also by-laws - presidential decrees, government decrees, normative acts of federal executive authorities, etc.

The legislation of the Russian Federation is based on the Constitution of the Russian Federation, includes generally recognized principles and norms of international law, federal constitutional laws, federal laws (federal legislation), constitutions (charters) and laws of the constituent entities of the Russian Federation (legislation of the constituent entities of the Russian Federation).

A law is a normative legal act that has the highest legal force, adopted in a special manner and regulating the most important social relations. Signs of the law:

1) law is a normative legal act;

2) has the highest legal force.

3) a special procedure for adoption - parliamentary or referendum

4) the law regulates the most important social relations.

Types of laws

Laws are acts of supreme legal force in relation to other legal acts. At the same time, the laws themselves are also divided into types depending on their legal force. The classification of laws of the Russian Federation in descending order of legal force is as follows:

1) Constitution

2) Federal constitutional laws

3) Federal laws

4) Laws of the subjects of the federation.

The Constitution is the basic law of the state.

It represents an act of the highest legal force. Not a single legal act on the territory of the state can contradict the Constitution of the state.

The special place of the Constitution in the system of normative acts is determined by its two main properties:

The Constitution is of a constituent nature, i.e. establishes the basis for regulating social relations, the foundations of the state and social system.

The Constitution establishes the hierarchy of normative legal acts, their subordination, and the legal force of a particular act.

Federal constitutional laws (FCL) are adopted only on issues directly provided for by the Constitution. For example, federal constitutional laws regulate the activities of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, the President, the Government and a number of other issues. Constitutional laws develop the provisions of the constitution. They have higher legal force compared to other laws.

Federal laws (FL) make up the bulk of legislation. They develop and specify the general provisions established by the Constitution and federal constitutional laws. Federal laws are divided into two groups:

The laws of the constituent entities of the federation apply only to the territory of the region whose legislative bodies they were adopted.

In addition to this basic classification, all laws, depending on the time of action, can be divided into

permanent (valid until the moment of cancellation, designed for an unlimited duration of action in time, the moment of termination is not known in advance);

temporary (valid for a limited period of time, the expiration date of the law is indicated in the text of the act itself. For example, the Federal Law of the Russian Federation “On the Federal Budget of the Russian Federation for 1999.”);

emergency (designed to resolve emergency situations; in relation to these acts, neither the start of its action nor the end of the action is known in advance. For example, legislation on emergency situations will come into force after the official introduction of a state of emergency in the country).

Based on the federal structure, laws can be divided into

Federal

Subjects of the federation.

According to the circle of persons, laws can be divided into

General validity (these are acts that apply to all persons located on the territory of a given state, for example, the Constitution, codes of the Russian Federation, etc.);

Special action (these are acts that apply only to certain categories of subjects, for example, laws on military personnel, on refugees and internally displaced persons, on persons affected by the consequences of the Chernobyl nuclear power plant accident, etc.).

31. SUB-LEGAL REGULATIVE LEGAL ACTS OF EXECUTIVE BODIES IN THE RF .

Subordinate legal acts are law-making acts of competent authorities that are based on the law and do not contradict it. By-laws have less legal force than laws; they are based on the legal force of laws and cannot oppose them. Effective regulation of social relations occurs when common interests are consistent with individual interests.

In terms of their content, by-laws, as a rule, are acts of various executive authorities. According to the subjects of publication and area of ​​distribution, they are divided into general, local, departmental and intra-organizational acts.

1. General by-laws. These are normative legal acts of general competence, the effect of which extends to all persons within the territory of the country. Through by-laws, public administration of society is carried out, economic, social and other issues of public life are coordinated.

General by-laws include rule-making instructions of the highest (central) executive authorities. They come from the president of the country or the head of government. Depending on the form of government (presidential or parliamentary republic), regulatory legal acts of the highest executive power find external expression in two types of by-laws.

Regulatory decrees of the President. In the system of by-laws, they have the highest legal force and are issued on the basis and in development of laws. Government regulations.

These are by-laws adopted in the context of presidential decrees and designed, if necessary, to regulate more detailed issues of state management of the economy, social development, health care, public education, development of the armed forces, etc.

2. Local by-laws. These are regulatory legal acts of local representative and executive authorities. They are published by local representative authorities and local self-government bodies. The effect of these acts is limited to the territory subject to them. 3.Departmental normative legal acts (orders, instructions, directions) are adopted within their competence by ministries, state committees and other departments, regulate the relations that develop within the relevant department (customs, transport, banking relations, issues of organizing education, health care, etc.). d.).

4.local (intra-organizational) by-laws. These are normative legal acts that are issued by various organizations within their competence to regulate their internal issues and apply to members of these organizations. Within the framework determined by acts of the highest legal force, intra-organizational regulations regulate a wide variety of relations arising in the specific activities of government agencies, enterprises, military units and other organizations (labor organization, service discipline) and extend their effect to employees (members) of the relevant enterprises, institutions, organizations. These are, for example, the Internal Labor Regulations at a particular enterprise.

In the normative regulation of social relations, the main and determining place is occupied by the law. By-laws play only a supporting and detailing role. In a rule-of-law state, the law covers all the main aspects of public life; it is the main guarantor of the fundamental interests, rights and freedoms of the individual.

Problems.

By-laws must not contradict the law. Since they are published in its (law's) development, their provisions must comply with the norms of the law and not conflict with them.

The problem of the subject of issuing a by-law is that if the act is found to be inconsistent with the law, then unfavorable consequences of its application are inevitable: cancellation of the subject’s decisions made on the basis of such an act, compensation for damage, etc. (the issue of compliance falls within the competence, in particular, of the prosecutor’s office and the court. If a discrepancy is detected, then a mechanism for challenging regulatory legal acts is launched).

Also, we can talk about the problem of interpretation of laws. Unfortunately, some legal provisions are interpreted in two ways, and compliance with one interpretation excludes compliance with the other.

Instructions

A normative legal act is an act containing legal norms, that is, rules regulating certain parties. Regulatory acts are divided into laws and regulations.

A law is an act of the highest legal force, containing norms regulating the most important aspects of social and state life, and designed for repeated use. The law is adopted exclusively by the legislative bodies of the Russian Federation. The law adopted by the Federal Assembly is federal and is valid throughout the state; adopted by the regional parliament is the law of the subject of the Russian Federation and is valid only within the borders of the corresponding region.

A by-law is an act based on the norms of the law, issued and applied by executive authorities on the basis and in pursuance of the provisions of the law. In terms of legal force, a by-law is lower than the law and must contradict its norms.

Laws in the Russian Federation include the Constitution, federal constitutional laws, and laws of the constituent entities of the Russian Federation. By-laws are decrees of the President, decrees of the Government, orders, regulations of federal departments, services, decrees of state authorities of the constituent entities of the Russian Federation.

A federal law is a normative legal act devoted to the most important aspects of the economic, social, and political life of society and the state. The list of the most important social relations for which federal laws are adopted is indicated in the Constitution of the Russian Federation - this is the establishment of a system of federal government bodies, the protection of human and civil rights and freedoms, the foundations of economic, social, cultural, tax, budgetary, financial policy of Russia, defense, security, public service, foreign policy, state border protection, criminal, civil legislation, etc. Federal laws include, for example, the law “On Police” - regulating the activities of this law enforcement agency, or the law “On Education” - establishing the legal framework education in the Russian Federation. The Codes of the Russian Federation, for example, Criminal, Civil or Labor, are also federal laws.

Federal laws in legal force are superior to all other normative acts of the Russian Federation, with the exception of the Constitution, federal constitutional laws, as well as norms of international law. The prefix “federal” means that the norms of federal law are binding throughout the entire territory of the Russian Federation, in all its subjects. When a law of a subject of the Russian Federation contradicts a federal law, its legal force is higher than the norm of the federal law, with the exception of the cases specified in Part 6 of Article 76 of the Constitution of the Russian Federation.

The procedure for adopting a federal law is called the legislative process and is regulated by the Constitution of the Russian Federation. A law is adopted and entered into force on the territory of the Russian Federation when it is submitted to both chambers of the Federal Assembly (State Duma and the Federation Council), considered by the chambers, adopted by them, and then signed and promulgated by the President of the Russian Federation.

Sources:

• Constitution of the Russian Federation

This is a document adopted in the prescribed manner by a specially authorized government body, which contains norms and rules of conduct that govern the relationships between entities in the process of their activities.

A law is a normative legal act designed to regulate the most important relationships that arise when members of society interact with each other and the state.

In the Russian Federation, the main source of law is the legal act. The entire set of legal acts in force in the country form a single interconnected system called legislation.

According to legal force, the following types of laws are distinguished:
- (they enshrine the foundations of the state and social system, they represent the basis of all current legislation in the country);
- (adopted on the basis of regulatory legal acts regulating various aspects of society);
- laws of subjects (regulate legal relations between subjects of law in areas not regulated by constitutional and federal laws, specify them in relation to the characteristics of the region).

By area of ​​operation there are:
- laws (they apply throughout the country);
- laws of the subjects (they have their effect within one subject of the federation in which they were adopted).

In the Russian Federation, federal laws and laws of the constituent entities of the federation are in force simultaneously. Together they form the system of our legislation. All laws are arranged in a strictly hierarchical order of legal force. It implies that laws with less legal force cannot contradict laws with greater legal force, and if any contradictions arise between them, the latter will act.

According to the duration of their validity, laws are divided into:
- permanently valid (valid from the moment of entry into force until the moment of official cancellation);
- temporary (the effect of the law is limited to a certain date or the occurrence of an event);
- emergency (come into effect upon the occurrence of certain events and cease simultaneously with them).

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