Regulatory acts have temporal, spatial and subjective limits to their functioning.

The effect of a normative act in time is determined by its entry into force and loss of force.

Federal constitutional laws, federal laws, acts of chambers Federal Assembly come into force simultaneously throughout the entire territory of the Russian Federation after 10 days after their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force.

Regulatory acts lose their force (terminate) on the following grounds:

Upon expiration of the validity period of the act for which it was adopted;

In connection with the publication of a new act that replaced the previously valid one (indirect cancellation);

Based on the direct instructions of a specific authority to cancel this act (direct cancellation).

The action of a normative act in space is implemented on the basis of territorial and extraterritorial principles.

Territorial principle assumes the effect of a normative act within state or administrative territorial boundaries functioning of a law-making body whose powers extend to a given territory.

Depending on the legal force and other characteristics, the effect of regulations can extend both to the territory of the entire state (for example, federal laws) and to a certain part of it (for example, laws of constituent entities Russian Federation).

Under state territory it is generally understood:

Land territory (part of the earth's surface within state borders),

Internal and territorial waters(a sea 12 nautical miles wide from the low tide line),

Its depths

The airspace above them

Embassy territories,

Civil maritime and aircraft under the flag of the state at the time of their presence on the high seas or airspace,

Warships and aircrafts, wherever they are.

IN federal states regulation of relations is carried out on the basis of the priority of general federal legislation.

Acts of federal bodies operate within the territorial boundaries of the federation as a whole.

Acts of the subjects of the federation regulate relations within their territorial borders.

Regulatory acts of authorities local government operate within the administrative boundaries of each of these bodies.

The extraterritorial principle of action of normative acts involves the spread of legal acts of any subject of lawmaking beyond the boundaries of the territory of its jurisdiction.

For example, when the court considers certain foreign trade transactions in some inheritance cases, the use of foreign legislation is allowed.

In addition, in accordance with the legislation of the Russian Federation, when considering property rights civil disputes a court or other body authorized to resolve a conflict must apply the legal acts of those government agencies, on whose territory the disputed property is located.

The effect of regulations on the circle of persons is closely related to the territorial limits of the functioning of the acts.

Based on the general rule regulations should apply to all persons who are within the jurisdiction of the law-making body (as citizens of this state, as well as for foreigners and stateless persons).

On the territory of the Russian Federation, regulations apply to all its citizens, government bodies, public organizations, foreigners, and stateless persons.

The effect of regulations on a circle of persons is not limited to the territory of their own country: the principle of citizenship is applied, according to which, for example, citizens of Russia, wherever they are, are obliged to comply with the laws of the Russian Federation.

For example, if a Russian citizen committed a crime on the territory of another state, he bears criminal liability under the laws of the Russian Federation, even if this act is not a crime in the country where he committed it.

To define an action tax legislation the principle of residence is applied to a circle of persons, according to which tax residents Regardless of their location, they are required to comply with the legislation of the Russian Federation on taxes and fees.

There are other features of the operation of regulatory acts in a circle

Thus, some acts may have significance for all individual and collective subjects located within the jurisdiction of a law-making body (for example, the Constitution of the Russian Federation or the Criminal Code of the Russian Federation).

Other regulatory legal acts may have limited significance and be addressed only to a specific category of persons (students, pensioners, military personnel, persons living in areas Far North, etc.).

The effect of regulatory acts of the Russian Federation in relation to foreigners and stateless persons has its own characteristics:

They are not granted certain rights and are not assigned certain responsibilities(the right to elect and be elected to government bodies, the duty of service in the Armed Forces of Russia, etc.);

Representatives foreign countries(heads of state and government, diplomatic personnel, embassy employees and members of their families) are entitled diplomatic immunity(extraterritoriality).

The question of their criminal and administrative responsibility for offenses committed on the territory of the Russian Federation are resolved diplomatically.

Persons with dual citizenship(bipatrids) become recipients of the legislation of two or more states.

Refugees, having left their country due to some emergency circumstances (persecution, disaster, military actions), also become subjects of legal relations of several states.

Unlike them forced migrants(displaced persons) leave (by various reasons) Not sovereign state, but any region of a given country.

Despite the diversity and originality of the addressees of regulatory legal acts, for everyone in Russia, in accordance with the Constitution of the Russian Federation, the entire complex is recognized and guaranteed fundamental rights and human freedoms according to generally accepted principles and standards international law.

Test questions and assignments

1. Complete the sentence: “Regulatory acts have..., ... and... limits to their functioning.”

2. What determines the effect of a normative act over time?

3. Complete the following sentences:

- “Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force simultaneously throughout the entire territory of the Russian Federation upon expiration. days after their official publication, unless the laws themselves or acts of the chambers establish their entry into force.”

- “Regulatory acts lose their force (cease their effect) on

on the following grounds: by......................... on which it was accepted; in... with...

Previously. (indirect cancellation); on the. . . specific body about.

Act (direct repeal).”

4. On the basis of what principles is the action of a normative act implemented in space?

5. Complete the following sentences:

- “The territorial principle presupposes the action of a normative act within its limits. or. ..functioning. ., whose powers are

spread over this territory."

- “Depending on the legal force and other characteristics, the effect of regulations may extend to both. . . (for example, federal laws), and. . . . (for example, laws of the subjects of the Russian Federation

Federation)".

6. What is commonly understood as state territory?

7. Complete the following sentences: “In federal states, relations are regulated on the basis of priority. legislation.

Acts. bodies operate within the territorial boundaries of the federation as a whole.

Acts. federations regulate relations within their territorial boundaries.

Regulatory acts. . . operate within administrative limits

boundaries of each of these organs."

8. What is extraterritorial principle actions of regulations?

9. What does the effect of regulations on a circle of persons mean?

10. Complete the following sentences:

- “Based on the general rule, regulations should apply to those located in the territory (as in the state

gifts, and on... and persons).”

- “On the territory of the Russian Federation, regulations apply to ... bodies, ... organizations, ..., .”

11. What does the principle of citizenship mean in the operation of regulations for a circle of persons?

12. What does the principle of residence mean in the operation of regulations for a circle of persons?

13. Complete the following sentences:

- “There are other features of the effect of regulations on a circle of persons.

Thus, some acts may have meaning for everyone. And. ., finding

those within the jurisdiction of the law-making body (for example, the Constitution of the Russian Federation or the Criminal Code of the Russian Federation).

Other regulations can have. . and address

only. . persons (students, pensioners, military personnel, persons living

workers in the Far North, etc.).”

- “The effect of regulatory acts of the Russian Federation in relation to foreigners and stateless persons has its own characteristics:

They........................... rights and obligations (the right to elect and be elected

mi to government bodies, duty of service and the Armed Forces of Russia, etc.);

Representatives of foreign states (heads of state and government, diplomatic personnel, embassy staff and members of their families) are entitled. . (.).

The issue of their criminal and administrative liability for offenses committed on the territory of the Russian Federation is resolved... by.”

14. What legislation is addressed to persons with dual citizenship (bipatrids), refugees and internally displaced persons?

15. Make a list of references for question 2.5. (“The effect of regulations in time, in space and among a circle of persons”), using the database of the scientific and technical library of SSAU, as well as sources from other libraries, various Internet resources.

Space and circle of people

For correct application rules of law, it is extremely important to know the limits of its operation. The limits of validity of legal norms are determined, as a rule, by the limits of validity of the normative legal act in which these norms are contained.

In legal theory, there are three parameters that determine the scope of a normative legal act: action in time, space and circle of persons.

Effect of a normative legal act over time limited by the moment of its entry into force and the moment of loss of legal force.

Required condition entry of a normative legal act into legal force is his official publication.

As a general rule, federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force ten days after official publication, acts of the President of the Russian Federation that have normative character, acts of the Government of the Russian Federation affecting the rights, freedoms and responsibilities of man and citizen, establishing legal status federal bodies executive power, as well as organizations, come into force after seven days, regulatory legal acts of federal executive authorities come into force after 10 days after the day of their official publication.

From this general rule there is a number of exceptions.

1. A different procedure for entry into force must be established in the regulatory legal act itself or in a special accompanying document (for example, in the Federal Law of December 29, 2004 No. 191-FZ “On the entry into force Town Planning Code Russian Federation). In this case, a longer than general period for the entry into force of the regulatory legal act should be established, as well as a shorter one. Establishing shorter, in comparison with the general, deadlines for the entry into force of normative legal acts should not become a rule for the law-making body, since it does not provide the population with the opportunity to timely familiarize themselves with new norms of law.

The period for the entry into force of a normative legal act can be established by specifying a specific date or period after which the act comes into force. Requirements for the procedure for the entry of normative legal acts regulating certain social relations are established in the main document regulating this area. So, in accordance with paragraph 1 of Art. 5 of the Tax Code of the Russian Federation, federal laws amending tax code in terms of establishing new taxes and (or) fees, come into force no earlier than January 1 of the year following the year of their adoption.

2. Regulatory legal act or special accompanying document a gradual, differentiated entry into force of this act must be provided. In this case, the stages of putting into effect certain chapters, sections, articles are indicated by certain deadlines or are associated with the occurrence of certain conditions. For example, Article 13 of the Federal Law of November 30, 1994. No. 52-FZ “On the entry into force of part one” Civil Code of the Russian Federation, it was provided that Chapter 17 of the Civil Code of the Russian Federation shall be put into effect from the date of entry into force Land Code RF.

3. In accordance with paragraphs 5, 6 of the Decree of the President of the Russian Federation of May 23, 1996. No. 763 “On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies” acts of the President and the Government of the Russian Federation containing information that constitute state secret, or information confidential come into force from the date of their signing, and similar departmental regulatory legal acts - from the date of their state registration in the Ministry of Justice of Russia, if the acts themselves do not set a later date.

It is important to note that the regulatory legal acts of the Russian Federation come into force simultaneously throughout the entire Russian Federation. At the same time, the normative legal act must establish a different procedure when it is provided for different subjects Russian Federation different terms entry into force of the act.

As for the regulatory legal acts of the constituent entities of the Russian Federation, then General requirements The procedure for their adoption and entry into force is established by Article 8 of the Federal Law of October 6, 1999. No. 184-FZ “Ob” general principles organizations of legislative (representative) bodies state power subjects of the Russian Federation. Thus, the constitution (charter), the law of the subject of the Russian Federation must be made public. The procedure for publication must be established by the constitution (charter) and law of the subject of the Russian Federation. The Constitution (charter) and law of a subject of the Russian Federation come into force after their official publication. Laws and other regulatory legal acts of a constituent entity of the Russian Federation on the protection of human and civil rights and freedoms come into force no earlier than ten days after their official publication.

At the same time, it is extremely important to remember that if the law of a constituent entity of the Russian Federation provides for a different procedure for the entry into force of such acts, then the federal law is subject to application.

Subjects of the Russian Federation, as a rule, establish the following basic rules for the entry into force of regulatory legal acts :

· Regulatory legal acts on the protection of human and civil rights and freedoms come into force no earlier than 10 days after their official publication;

· other regulatory legal acts, as a rule, come into force from the date of their official publication;

· in a number of subjects, regulatory legal acts come into force after a certain period after official publication (for example, acts of the President of the Republic of Buryatia and the Government of the Republic of Buryatia come into force simultaneously throughout the entire territory of the Republic of Buryatia after ten calendar days after their official publication);

· subordinate regulatory legal acts, as a rule, come into force from the date of their signing (for example, decrees of the Government of St. Petersburg that do not affect the rights, freedoms and responsibilities of a person and citizen, decrees of the President of the Republic of Tatarstan);

· a different procedure for entry into force must be established by the regulatory legal act itself.

The entry into force of normative legal acts from the date of their signing is permissible only on the condition that such acts do not affect the rights, freedoms and responsibilities of man and citizen. IN otherwise in accordance with Article 15 of the Constitution of the Russian Federation, they do not entail legal consequences and are not subject to application.

The procedure for the adoption (publication), official publication (promulgation) and entry into force of normative legal acts of local government bodies must be determined by the charter municipality.

As a rule, charters and municipal legal acts primarily fix the moment of entry into force of a normative legal act of a local government body - from the date of official publication. A different procedure for the entry into force of an act must be provided for by the act itself, subject to its publication.

Next important point to establish the limits of action in time is the moment the normative legal act loses its force (termination of its effect). There are the following ways to terminate the validity of regulatory legal acts:

1. Direct repeal of a regulatory legal act. This method is most appropriate for the correct application of the law. This contains an indication of the time of termination of the official document.

2. The actual cancellation of a normative legal act by another normative legal act adopted on the same issue. This method occurs quite often, however, the absence of a direct indication of the repeal of a normative legal act or its individual provisions often leads to difficulties in practice, since complete clarity for the law enforcement officer regarding the actions of a particular document in many cases does not occur. The problem also essentially lies in the fact that the legislation does not establish deadlines for bringing federal regulatory legal acts in accordance with the newly adopted acts. As a result, conflicts of legal norms arise.

3. Expiration of the period for which the normative legal act was adopted, if such a period was established.

4. Change of situation, disappearance public relations, for the regulation of which certain regulatory legal acts were designed. Thus, many normative legal acts of the period of the Great Patriotic War lost their meaning and therefore ceased to be in effect without special repeal. Patriotic War after its completion.

5. In accordance with Article 125 of the Constitution of the Russian Federation, a normative legal act or its certain provisions lose force if they are found unconstitutional Constitutional Court Russian Federation, and it must also be declared invalid in order judicial control carried out by the courts general jurisdiction and arbitration courts.

As a general rule, a normative legal act extends its effect only to those relations that arose after its entry into force until it loses its legal force.

There are two exceptions to this rule: the retroactive force of a normative legal act and the “survival” of a normative legal act.

Retroactive force of a normative legal act essentially consists in the fact that again adopted act extends its effect to relations that arose before its entry into force. A normative legal act may have retroactive effect if the legislator directly indicates this. For example, Article 11 of the Federal Law “On the Entry into Force of Part One of the Civil Code of the Russian Federation” provides that the effect of the article. 234 Civil Code of the Russian Federation (ʼʼ Acquisitive prescriptionʼʼ) also apply to cases where ownership of property began before January 1, 1995 (the date of entry into force of the Civil Code of the Russian Federation) and continues at the time of entry into force of part one of the Civil Code of the Russian Federation.

Retroactive force is always given to normative legal acts mitigating or eliminating liability for committing an offense. This provision is enshrined in Article 54 of the Constitution of the Russian Federation and is specified in special sectoral regulatory legal acts (for example, in Part 1 of Article 10 of the Criminal Code of the Russian Federation).

In order to prevent the deterioration of the situation of citizens, the legislation establishes and restrictions on giving a normative legal act retroactive effect . According to the Constitution of the Russian Federation (Articles 54 and 57), the principle of retroactivity cannot be applied to laws that establish or aggravate liability, as well as introduce new taxes or otherwise worsen the situation of taxpayers. Restrictions on giving retroactive force to a normative legal act establishing or aggravating liability have also been enshrined in a number of international documents(Part 2 Article 11 Universal Declaration human rights, Art. 15 of the International Covenant on Civil and political rights Oh).

Based on the degree of completion of the legal consequences that occurred in accordance with the previous normative legal act, simple and revision retroactive effect can be distinguished. At audit- the effect of a normative legal act extends to the facts for which legal consequences have already arrived, a review of these legal consequences is taking place. So, in connection with the adoption in the 60s of a new civil legislation a revision of the purchase and sale agreements for a residential building with the condition of lifelong maintenance was required.

Simple retroactive force a normative legal act does not imply a revision of legal consequences.

“Experiencing” a normative legal act essentially consists in the fact that the canceled act continues to be in force and after it has lost its legal force. “Overliving” a normative legal act can occur if a certain period of time is required to bring old social relations into conformity with a new normative legal act. For example, in accordance with paragraph 2 of Art. 422 of the Civil Code of the Russian Federation, if after the conclusion of an agreement a law is adopted establishing rules for the parties other than those that were in force at the conclusion of the agreement, the terms of the concluded agreement remain in force, except in cases where the law establishes that its effect extends to relations arising from previously concluded contracts.

Limits of validity of a normative legal act in space determined by the territory to which its regulations apply. A normative legal act may be in force throughout the entire territory of the state, in a certain part of the country (for example, Federal Law of May 31, 1999 No. 104-FZ “On Special economic zone Magadan regionʼʼ) and - in in some cases- outside the state (for example, Federal Law of March 6, 2006 No. 35-FZ “On Countering Terrorism”).

As a rule, regulatory legal acts extend their effect to the entire territory of the state. This rule follows from the characterization of state power as sovereign power. TO territory of the state usually include: land space, the bowels of the earth within state borders; inland waters; territorial waters; continental shelf; airspace over land and water, etc. At the same time, the conditional territory of the state is distinguished (military vessels flying the flag of the state; civil sea, river, aircraft flying the flag of the state located in the waters or airspace of this state or neutral waters or in international airspace; territories of embassies, missions, consulates states abroad, etc.).

Most important problem territorial action normative legal acts are acquired in federal states. The space in which it operates this act, is determined by the competence of the law-making body, its place in the system of state bodies. So, federal authorities State authorities may adopt normative legal acts:

Mandatory for execution throughout the entire territory of the Russian Federation;

Operating in a limited part of the state.

State authorities of constituent entities of the Russian Federation may adopt normative legal acts, the effect of which extends to the entire territory of such a subject or to part of it (for example, the law of a constituent entity of the Russian Federation on approving the boundaries of a municipal entity). Acts of local government bodies are valid within the boundaries of the relevant municipalities. Moreover, such acts may also apply to the territory of a municipal entity or to part of it (for example, general plan settlement, accepted to part of the settlement territory).

There is an exception to the general rule of action of regulatory legal acts in space - so-called ʼʼextraterritorial actionʼʼ, the essence of which is to extend the effect of regulatory legal acts of the state beyond its borders. As a rule, extraterritoriality manifests itself in relations with foreign citizens and organizations, as well as with citizens and organizations located abroad. For example, in accordance with Article 12 of the Criminal Code of the Russian Federation, citizens and stateless persons permanently residing in the Russian Federation who have committed a crime outside the Russian Federation are subject to criminal liability under the Criminal Code of the Russian Federation, if the act committed by them is recognized as a crime in the state in whose territory it was committed, and if these persons were not convicted in a foreign state.

Limits of validity of a normative legal act for a circle of persons determined by the circle of subjects to whom the provisions of such an act apply.

As a rule, the effect of regulatory legal acts applies to all entities located in the relevant territory. However, there are a number of exceptions to this rule.

1. The effect of a normative legal act can only apply to a certain group of persons (for example, Federal Law of November 24, 1995 No. 181-ФЗ "О" social protection disabled people, Federal Law of May 27, 1998. No. 76-FZ “On the status of military personnel,” etc.). Such acts may provide for the endowment of these categories of persons with specific rights and benefits, impose obligations on them, and apply specific measures of responsibility to them.

2. A number of regulatory legal acts apply only to citizens of the state; they do not apply to stateless persons and foreigners. Stateless persons and Foreign citizens are not participants in a number of legal relations, they do not have those rights and do not bear those responsibilities that are inseparable from citizenship (most electoral and political rights, the right to occupy government positions, service in the armed forces, etc.). These categories of persons are subject to certain requirements for their stay on the territory of the state, etc.

3. The effect of criminal norms, administrative legislation, as well as a number of other legislative acts of the Russian Federation, do not apply to diplomatic representatives of foreign states and members of their families, who, in accordance with international law, enjoy diplomatic immunity.

A number of features of bringing to administrative and criminal liability have been established in relation to certain categories of citizens (members of the Federation Council, deputies State Duma). So, in accordance with Article 19 of the Federal Law of May 8, 1994. No. 3-FZ “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”, a member of the Federation Council, a deputy of the State Duma, without the consent of the relevant chamber of the Federal Assembly of the Russian Federation, shall not be brought to criminal or administrative liability imposed in judicial procedure; detained, arrested, searched (except for cases of detention at the scene of a crime) or interrogated, subjected to personal search, except as required by federal law to ensure the safety of others.

The Criminal Procedure Code of the Russian Federation (Chapter 52) provides for the specifics of criminal proceedings in relation to certain categories of persons (member of the Federation Council, deputy of the State Duma, judges, prosecutors, investigators, lawyers, etc.).

Space and circle of persons - concept and types. Classification and features of the category “Space and by circle of people” 2017, 2018.

29. The action of laws in time, in space and in a circle of persons.

Determine the action of legal acts- means to establish from what time it came into force and from what time it ceased to exist.

The legal regulation may come into force:

From the date of adoption by the law-making body

After deadline after its publication (laws after 10 days, decrees after 7)

From the time specified in the act itself or in special act on its entry into force;

From the moment of signing (typical for by-laws);

From the date of actual receipt of the act by the executors (typical for by-laws);

From the date of approval (registration) of the act.

Establishing the exact time of entry. is important because only from this moment on are its instructions subject to execution. The new legal act extends its influence only to those relations that arise after its entry into force. by virtue of.

Legal acts become invalid

Upon expiration of the act;

In connection with the publication of a new act that replaced the previously valid act

Based on the direct instructions of the competent authority to cancel it.

The law has no retroactive effect(retroactivity) ( general rule).

Exception:

The law itself states that its provisions have retroactive effect;

If the law mitigates or eliminates liability.

Action of laws in space (by territory)

The limits of action are determined by the territory over which the sovereign power of a particular state extends, or by the territory specified in the legislative act itself (regions of the Far North, etc.)

Stand out: - territorial action; - extraterritorial action(outside the state)

Territory of the state- this is the earth, water surface, air. space, subsoil within the state. borders, including territory. waters, continental shelves.

Conditional territory– these are embassies, consulates, territories. military subdivisions stationed abroad, ter. gr. ships, air salons vessels finding. to neutral terr. and others.

The effect of laws on a circle of persons

Extends its effect to the categories of subjects specified in the law, taking into account the restrictions provided for in it in relation to official representatives of other states, diplomats and other persons enjoying diplomatic immunity.

Exceptions:

1. persons enjoying the right of extraterritoriality, diplomatic immunity

2. Foreigners and stateless persons cannot be subjects of certain. rights under the law. host country.

3. A citizen of one state enters the territory. other state and the perpetrator of the crime. M.B. brought to justice in the host country and in the country by a citizen cat. he is.

4. Special subjects of law, cat. except general norms distributed also special. right norms, cat. do not matter to all other citizens.

30. Systematization of normative acts and its types.

Systematization of legal acts – this is an activity aimed at streamlining, bringing existing regulations into a single, coordinated, integral system.

Meaning: In the result of systematization. eliminated contradictions m/y legal norms, cancel. or change. outdated standards and creation. new, more advanced, answer. required social development.

Types of systematization of legislation: codification, incorporation, consolidation, accounting

Accounting– this is the activity of collecting, storing and maintaining regulatory legal acts in a controlled state, as well as creating a search system that ensures that the necessary information is found. right information in the array of acts registered.

Accounting for implementation almost all state authorities and legal entities persons, to satisfy own Portebn. and legal information, or in commercial matters. purposes for securing rights. inf. other subjects.

For quick finding. right inf. when accounting for creation information retrieval systems, etc. the task of accounting for phenomena. collection and support NPA comp. allowing. quickly find the right rights. inf.

Codification- a form of systematization in which significant internal processing occurs normative material, as a result of which a fundamentally new act is created.

Signs of codif:

1. codification busy activities only compet. lawmaker organs

2. As a result, the code. created new legal acts incl. norms are significantly different. from previously existing

3. Codif. act of appearance by a consolidated act, because it brings together the existing norms. previously in decomposition acts, but regulated. the same sphere of general relationships.

4. Codif. act of appearance the main one among the acts, cat. valid in this area generally. relationships. It regulates an important, significant area of ​​society. relationships.

5. Designed for long time actions.

Kinds: Fundamentals of legislation; Codes; Statutes; Regulations; Regulations.

Incorporation- a form of systematization in which normative acts, processed only externally, without changing their content, are combined into various kinds collections or collections.

Types of incorporation acts

Collection;

Meetings;

Code of laws.

Types of incorporation

by subject:

Official - publication by the competent body of collections and collections of legislation, taking into account the changes and additions made by the rule-making body;

Unofficial is the external processing of legislation, which is carried out by organizations or individual citizens (educational institutions, scientists, practitioners) without the special powers of law-making bodies.

By ordering method:

Chronological - a form of systematization in which the ordering is carried out according to the time of publication and entry into force legal force NPA.

Systematic (subject-based) - ordering of existing legal acts by subject matter, i.e. by branches of law, their institutions, areas of government activity.

Consolidation– the multiplicity of NAs is overcome by combining them into one enlarged act. New Ukrainian The act completely replaces the NAs included in it since it is newly adopted by the competent lawmaker. organ.

The content of the rights does not change. adjustable society relationships. All is good. established previously accepted. acts of consolidation no changes in the new act. At best it's a wire. their editorial revision. Contradictions, repetitions, long phrases, etc. are eliminated.

Differs from incorp. final cut, i.e. appears again created. act., acts lose their force.

Regulatory acts containing civil norms are subject to mandatory official publication. Such publication is important both for determining the moment when the relevant act comes into force and for familiarizing all participants in legal relations with the content of its rules. In addition, the official publication also contains the official (generally binding) text of such an act, which must be followed.

Civil regulations, being federal, come into force simultaneously throughout the entire territory of the Russian Federation. Moreover, as a general rule, they do not have retroactive force and apply only to those relations that arose after the act came into effect (clause 1, article 4 of the Civil Code).

This position, traditional for any developed legal order, has, however, a number of necessary exceptions:

1. 1. The civil law itself may provide for the extension of its effect to relations that arose before its entry into force;
   2. if the law changed the duration of the statute of limitations for any claim that arose before its entry into force, but was brought to court after that moment, then in accordance with the general rule of paragraph 2 of Art. 4 of the Civil Code, the new law applies to rights and obligations that arose, although after its entry into force, but on the basis of legal relations that existed before that moment. Consequently, a claim brought to court after the entry into force of a new law is subject to new statutes of limitations, although its basis is a previously established legal relationship.

Special rules are provided for contracts concluded before the entry into force of the new law (establishing mandatory, imperative regulations in this regard), but executed after this moment. In order to ensure accurate, proper execution obligations assumed by the parties to the contract, reflecting the most important principle contract law, the law remains in force here beyond the terms of the previously concluded agreement(clause 2 of article 4 and clause 2 of article 422 of the Civil Code), despite their contradiction with the new imperative rules. Thus, in essence, the validity of the old, previously in force legislation, on which the terms of the concluded agreements were based, is extended.

Of course, the new law may directly provide for the extension of its effect to relations arising from previously concluded agreements. For example, the Law on the implementation of part two of the Civil Code of the Russian Federation in Part 1 of Art. 8 extended the rules of the Code on the grounds, consequences and procedure for terminating contracts individual species for all existing agreements regardless of the date of their conclusion. In this case, the general rule of paragraph 2 of Art. 422 of the Civil Code does not apply.

The effect of civil legislation in space and among persons

The federal nature of civil legislation predetermines its effect throughout the entire territory of the Russian Federation. Restrictions on the territorial effect of rules governing property turnover can only be introduced by federal law and only in cases where this is necessary for:

• • ensuring state security;
  • protecting people's life and health;
  • nature conservation and cultural values(paragraph 2, clause 3, article 1 of the Civil Code).

The rules of civil law apply to relevant relations Russian subjects civil law:

1. 1. , legal entities and public legal entities;
   2. foreigners, persons without and foreign legal entities (apply also to civil relations with the participation of these persons, unless otherwise provided by federal law - para. 4 paragraphs 1 art. 2 GK; the conditions and procedure for such application are governed by the rules of international private law - see section. VI Civil Code).

Federal law itself may establish restrictions on the scope of its application to a certain circle of persons. Thus, the Federal Law “On joint stock companies» until a certain moment it does not extend the effect of a number of its rules to joint-stock companies created as a result of

The effect of the law is understood as “the obligation to comply with the law for a certain time, for certain territory(in space) and in relation to a specific circle of persons, organizations, and other subjects of law.”

The precise establishment of the boundaries of the laws is the first condition legal regulation. Its effectiveness and the achievement of the goals of legal regulation depend to a certain extent on when the law comes into force and to what territory it extends. Thus, the excessively rapid (after approval) implementation of a large and complex law may cause difficulties in the work of government bodies and put them at a disadvantage individual subjects, entail difficulties in solving practical issues.

Action of laws in time. Laws come into force from the moment they come into force.

The Russian language dictionary defines time as “1) duration, duration of something, measured in seconds, minutes, hours; 2) an interval of one or another duration in which something happens, has happened or will happen, a successive change of hours, days, years; 3) a certain moment at which something happened, will happen or is happening; 4) period, era."

The set timing parameters interact with legal relations in the process of regulating people's behavior.

Moment in time - “an instant reflecting the beginning (end) of interaction legal entities, material bodies, states, events in legal space. This concept is captured by indicating the occurrence legal fact the beginning or end of any rights in the form of a specific calendar period, dates (for example, preparation or adoption of a law, its entry into force or repeal).”

In many countries there are certain rules entry into force of laws:

1. The law comes into force from the moment of its adoption by the legislative body. In this case, the law immediately acquires legal force and, therefore, gives rise to legal consequences even before its official publication. This method of entry into force of laws cannot have widespread, since persons cannot be expected to strictly observe laws if the latter in one form or another have not yet been brought to their attention.

2. The law comes into force after a certain period has passed after its publication. In the Russian Federation, in accordance with Article 6 of the Federal Law of June 14, 1994 No. 5-FZ “On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly,” federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force into force simultaneously throughout the entire territory of the Russian Federation ten days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force.

Regarding individual acts of legislation federal legislator a different procedure for their entry into force may be established.

In accordance with Part 5 of Article 8 of the Federal Law “On the general principles of organizing legislative (representative) and executive bodies state power of the constituent entities of the Russian Federation”, the constitution (charter) and law of the constituent entity of the Russian Federation come into force after their official publication. Laws and other regulatory legal acts of a constituent entity of the Russian Federation on the protection of human and civil rights and freedoms come into force no earlier than ten days after their official publication.

3. The law comes into force from the time specified in the law itself or in the law on its entry into force. Time gap between official publication and the entry into force of the law is necessary not only to familiarize yourself with the new adopted by law of all interested subjects, but also for the solid assimilation of its content by those applying the law.

Establishing the exact date of entry into force of the law is important because it is from this moment that their provisions are subject to execution.

New law extends its effect only to those relations that take place after its entry into force. In the field of legal regulation, there is a general rule - “the law does not have retroactive force.”

Retroactive force of a law means the extension of the effect of a new law to facts and those generated by them. legal consequences that arose before the new law came into effect. This provision is a reliable guarantee of ensuring the rights and obligations of citizens and maintaining strong law and order. This principle is common to all branches of law. For example, in the Russian Federation it is used in civil (Article 4, 422 of the Civil Code of the Russian Federation), criminal (Article 10 of the Criminal Code of the Russian Federation) legislation.

At the same time, the Constitution of the Russian Federation also contains direct prohibitions regarding the giving of retroactive force to the law, which are formulated in Articles 54 and 57. At the same time, the Constitution of the Russian Federation does not prevent the giving of retroactive force to laws if they improve the situation of subjects of law.

Retroactivity is the revisionary power of a law. Such a law involves a review (audit) of rights and obligations already regulated in accordance with previously existing laws. The law, which has retroactive effect, obliges us to review law enforcement acts on the amount of payments, criminal prosecution, recognition of property rights, etc.

Giving a law retroactive effect is possible in two cases: a) if the law itself says so; when issuing acts of this kind, all possible legal and other consequences must be carefully “calculated”; b) if the law mitigates or completely eliminates liability.

Laws lose their force (terminate) on the following grounds:

1) upon expiration, if the law was adopted on certain period and this period has expired;

2) in connection with the publication of a new law replacing the previous current law(indirect cancellation);

3) based on direct instructions legislature on the repeal of the law (direct repeal).

Thus, the effect of laws in time is characterized by two main points: a) the entry into force of the law; b) loss of legal force.

However most of normative legal acts are adopted without specifying their validity period. In these cases, it is considered that the act is valid for an indefinite period, until the law-making body makes a special decision to recognize it as having lost force in whole or in part. Before such a decision is made, the act is recognized as valid even in cases where it is actually outdated and is not implemented in specific relationships. Because the principle applies: state law cannot be changed by agreement of private individuals.

The action of the law in space. The effect of the law is determined by the territory covered by the powers of the body that adopted it. The territory of the Russian Federation means its land and water space within state borders, the airspace above them, and the subsoil. It also includes the territory of Russian diplomatic missions abroad, military and commercial ships on the high seas, and aircraft in flight outside the country.

The effect of laws in space depends on the level of the government body that adopted this law, and on its legal force.

The laws apply:

On the territory of the country (as a rule, federal constitutional laws, federal laws);

Territory of a constituent entity of the Russian Federation (federal constitutional laws, federal laws, laws of constituent entities of the Russian Federation);

The territory specified in the law itself.

The effect of laws on a circle of persons. On the territory of the Russian Federation, laws apply to all its citizens, government bodies, public organizations, foreigners, stateless persons. At the same time, there are special laws, which apply only to separate categories citizens or officials.

Thus, the law begins to operate, to generate certain rights and obligations only when it comes into force. It is from this moment that the law becomes binding on the addressees of legal norms.