Normative legal acts: concept, types and role in the mechanism of legal regulation. All other regulations, except for laws, are called bylaws. This means that in terms of their legal force they are below the laws, should not contradict them. Their y

TO functions of law- that is, the main directions of the impact of law on public relations include:

1. Regulatory (organizational function) - she consists in state legal regulation public relations and carried out by fixing in normative acts the rights, freedoms, duties, legal status of the individual, as well as by establishing legal mechanism designed to ensure the effective implementation of legal regulations;

2. Protective - consists in the protection of public relations from unlawful encroachments, carried out by imposing bans on committing illegal actions and by applying sanctions to offenders.

The concept of the form (source) of law .

Source of law - it is a way of expression and embodiment legal norms expressing state will the ruling class or the whole society.

Depending on how a normative, generally binding character is given to certain legal prescriptions, there are 4 types of sources of law.

Types of sources of law:

1. Legal custom (customary law) – it is a historically established rule of behavior through its repeated repetition, taken under the protection of the state. Customs are formed in the process of the life of society. If they receive recognition by the state and are provided with it coercive force then become legal customs. Legal customs act historically the first sources rights, they arise in undeveloped economic relations, when the incipient state, due to its primitive organization, is not yet able to establish lawmaking their organs. Most often they are based on barbaric, uncivilized rules of behavior. Therefore, in a modern democratic state, they are not the main (typical) sources. (The most striking monuments of legal customs are such monuments of slave law as the laws of the CP tables / Ancient Rome... At V. BC /, laws of Drakont / Athens, UE a. BC./.).

2. Regulatory legal act – it is an imperative order of state bodies that establishes, changes or abolishes the rule of law. He is the main source of law in our country and in European states... His distinctive features: a certain content of the general rules of conduct, a written, strictly documentary form and a special order of publication. The normative act gives the norms an official status, legal force. Regulatory acts in Russia include:

The laws - these are normative legal acts adopted by the highest representative body of power or in a referendum, which has the highest legal force and regulating the most important public relations. In accordance with the principle of the rule of law, laws are divided into federal and regional.

Federal laws are in force on the territory of the Russian Federation. Higher power federal laws possess federal constitutional laws that determine the beginning of state and social order, legal position individuals and organizations, have greater legal force than other laws, are adopted in special order, defined by Art. 108 of the Constitution of the Russian Federation. The President of the Russian Federation has no right to reject them, he is obliged to sign and publish them.

Federal laws – are adopted and act in strict accordance with federal constitutional laws and regulate certain, limited areas public life... The date of adoption of such a law is the day of its adoption by the State Duma in its final version. They are subject to official publication within seven days after the day they are signed by the President of the Russian Federation. They enter into force simultaneously throughout the country upon the expiration of 10 days after the day of their publication, unless a different procedure for entry into force is established by the laws themselves.

Regional laws(Laws of the constituent entities of the Russian Federation) – are accepted by the highest representative authorities of the constituent entities of the Russian Federation on issues related to their competence. They must not contradict federal law.

By-laws- adopted on the basis of and pursuant to laws, represent a hierarchy of acts, starting with the highest authorities and ending with acts of local authorities and administration.

Special place in the system of by-laws are occupied by:

Decrees of the President of the Russian Federation – accepted on questions normative should not contradict federal constitution, federal constitutional and federal laws... Come into force seven days after their official publication;

Decrees and orders of the Government of the Russian Federation are issued on the basis of federal laws, decrees of the President of the Russian Federation. Data regulations regulate relations in the field of management. They come into force from the date of their signing, unless another date of entry into force is established.

Normative acts of ministries and departments are issued in the form of orders, instructions, instructions. Departmental regulations v mandatory subject to state registration at the Ministry of Justice, subject to official publication.

3. Legal precedent – this is a decision of a public authority (mainly judicial or administrative) on specific case, which becomes generally binding when solving similar cases. He is the main source of law in countries with the so-called, Anglo-Saxon system(USA, England, Canada, etc.). In Russia, the legal precedent is independent source there is no right, although the prerequisites for its appearance are taking shape.

4. Contract normative content - This is an agreement (expression of will) of two or more subjects of law, which contains the rules of law governing their relationship. An agreement of normative content is characterized by the fact that its participants voluntarily enter into it and assume obligations arising from its content. An example of such an agreement is the Federal Treaty concluded in Moscow on March 31, 1992 between the subjects Russian Federation.

Thus, to typical sources Russian law include regulatory legal acts. Of no small importance is statutory treaty... There is no legal precedent as an independent source of law. Legal customs are not typical for democratic state, which is Russia.

Rules of validity of regulatory legal acts .

Normative acts regulate public relations in certain limits limited by time, space and circle of persons.

Normative acts act in time, and the beginning of their action is determined by the moment of their entry into force.

In the legislation of the Russian Federation, there are three ways to establish this point:

1. a normative act comes into force from the time of its adoption and publication;

2.the time of entry into force is determined by the expiration the deadline after the publication of the act;

3. a normative act comes into force from the moment directly indicated in it or in the law approving this act.

The duration of a normative act is determined by the time that elapses from the moment it enters into force until the moment of its termination.

Laws and other normative acts are considered invalid and ceased to be effective on the following grounds:

1.As a result direct indication on the cancellation contained either in the text again adopted act, or in a special solution competent authority;

2. in connection with the adoption of a new normative act that replaced the previous one, if the old act itself has not been canceled;

3. upon the expiration of the validity period specified in the regulation itself.

Validity of regulations in space limited to a certain territory within which it is implemented.

The territory of a state means a part of the earth's surface within state borders, including internal and territorial waters, air spaces above them, bowels, as well as military, merchant and other ships located outside the state, and the territory of embassies.

Validity of regulations in a circle of faces applies to all Russian citizens, officials, stateless persons, foreigners, government agencies, public organizations... Some regulations apply only to citizens or only apply to stateless persons and foreigners.

Normative legal act (NLA) is the main source of law in modern state.

Legal acts are published mainly by state bodies that have the appropriate competence in this area. The order of publication of legal acts is strictly regulated.

The concept and features of a regulatory legal act

NPA is official document containing legal regulations regulating public relations. By adopting a normative legal act, the state thereby makes its will generally binding.

The normative legal act has following features:

2.Created as a result law-making process by the relevant authorized state bodies;

3. has an official character;

4.it is an official document having special details:

o title of the act (for example, law, regulation, order);

o name of the state body that adopted this document(State Duma, President, Government, Ministry);

o date of adoption of the act, its number, as well as the place where it was adopted.

5.the legal acts constitute a single legislative system society;

6. Contains the norms of law that are binding on the state;

7. has a strictly regulated procedure for adoption, publication, entry into force. All legal acts must be brought to the attention of citizens without fail;

8.has a certain internal structure: sections, chapters, articles;

9. its execution is guaranteed by the coercive force of the state.

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Classification of regulations

Regulations classified by different reasons:

1. By the subject of lawmaking, i.e. who is the initiator of this RLA:

o government agency;

o public organizations;

o people (referendum).

2. By the scope of their distribution:

o federal legal acts;

o acts of the constituent entities of the Russian Federation;

o acts municipal authorities;

o local legal acts of organizations, institutions, etc.

3. By the time of their action:

o acts adopted for an indefinite long time;

o temporary acts (for a certain period).

4. By legal force: This is the most essential feature classification, as it determines the significance of legal acts in the system of normative legal regulation.

In accordance with the laws of rule-making, legal acts higher authorities have a legal advantage (superior legal force) in comparison with the acts of lower bodies. Those. the latter are obliged to issue legal acts on the basis of and in pursuance of legal acts of higher authorities.

By this basis RLA are divided into laws and by-laws.

The laws

A law is a normative legal act issued in a strictly regulated manner by a body the legislature(in Russia, such a body is The State Duma RF) or a referendum with the highest legal force, and extending to the most significant areas of public relations.

The order in which laws are passed is called legislative procedure.

Types of laws:

1. The Constitution is main law the state. He determines the constitutional policy of the state, political system, human rights and freedoms, as well as the basic rights and obligations of citizens of the state.

2. Federal constitutional laws - regulate issues that are defined in the Constitution. In constitutional laws, these issues are clarified and considered in more detail. (By example constitutional laws may be: FKZ "O National flag Russian Federation "," About judicial system Of the Russian Federation ”,“ On the Commissioner for Human Rights in the Russian Federation ”, etc.).

3. Federal laws - legal acts regulating issues in the socio-political, economic, family and other areas of public relations. (For example, the Federal Law "On Protection of Consumer Rights", "On the Police", "On Education".).

Federal laws include codes. A code is a legislative act containing systematized norms of any branch of law. ( Labor Code, Civil Code, Code of administrative offenses, Family code and etc.).

4. The laws of the constituent entities of the Russian Federation are legal documents taken legislatures constituent entity of the Russian Federation, and which are mandatory only for citizens living in the territory this entity... (The law of the city of Moscow "On transport tax", Law Samara region"On administrative offenses", etc.).

Regulations

By-laws are legal acts that are based on the law and do not contradict it. Their legal force in comparison with the law is the smallest.

Types of bylaws:

1. General, i.e. mandatory for all persons within the territory of the country:

o Decrees and orders of the President ("On awarding state awards Russian Federation ", About the All-Russian physical culture and sports complex" Ready for Labor and Defense "(TRP);

o Resolutions and orders of the Government. Accepted for execution and based on the laws and decrees of the President. These Acts are signed by the Prime Minister. The topics of government decisions and orders are diverse - it affects political, economic, scientific, educational issues as well as human rights. (Resolution of the Government "On the procedure for providing utilities citizens ").

2. Local - NLA, published local authorities power: this different solutions and decisions of the municipality, council, mayor's office on various issues local character.

3. Departmental - these are orders, instructions of various ministries and departments. Departmental acts may be binding on the relevant institutions, and may be generally binding. For example, the Ministry of Finance and the Ministry of Education can issue generally binding acts that apply to all citizens.

4. Intra-organizational (corporate) acts: adopted by organizations and institutions to determine the order of work and relationships within the organization. They apply only to members of such organizations. These are statutes, orders, rules, regulations, etc. (For example, the Charter of CJSC CREDO, the Rules of internal work schedule).

Acts judiciary

The question is whether judicial acts higher courts source of law is controversial. Solutions judiciary can acquire regulatory features as a result of generalization judicial practice.

If inaccuracies are revealed, ambiguities in legislative acts, the courts can concretize and clarify the application of legal norms, while not creating new norms.

Higher bodies the judiciary create new legal norms in order to clarify the application of legislation in its practical application courts. (Resolutions The Supreme Court RF, Resolutions of the Supreme Arbitration Court of the Russian Federation).

Therefore, in the classical understanding of the continental system of law, judicial acts are still not a source of law, but are an explanation of the application already existing norms, taking into account their contradictions or gaps in legal regulation.

Normative legal act - an official document established form, adopted (issued) within the competence of the authorized state body ( official) or by referendum in compliance with established by law procedures containing generally binding rules of conduct, designed for an indefinite circle of people and repeated application. Kinds:

Laws: Constitution of the Russian Federation, Federal Constitutional Laws, Federal Laws

By-laws: Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation

Acts federal bodies executive power(ministries, federal departments and services)

Local regulations

Special group make up international treaties RF.

In the mechanism of administrative and legal regulation, normative legal acts play a double role: firstly, they are of the government controlled information about the legal requirements of the state; secondly, they contain indications of legal remedies, with the help of which it is supposed to achieve optimal coordination of the will of individuals, their collectives with state will, that is, streamlining social relations in common interests subject and object of management. This role of normative legal acts allows us to consider their system regulatory framework legal regulation. The content of the relationship.

The material content of any legal relationship is the social relationship that is fixed by it. In other words, it is "that actual behavior (action and inaction) that the entitled can, and the liable must do"

Ticket number 31

Globalization and the state

Globalization is a process of worldwide economic, political and cultural integration and unification. The main consequence of this is the world division of labor, migration throughout the planet of capital, human and production resources, standardization of legislation, economic and technological processes as well as the convergence and fusion of cultures different countries... This objective process, which is of a systemic nature, that is, it covers all spheres of society. As a result of globalization, the world is becoming more connected and more dependent on all of its subjects. There is both an increase in the number of common problems for groups of states and an increase in the number and types of integrating subjects. In the context of globalization, society is experiencing increasing overloads caused by the weakening or rupture of traditional economic and social ties, social stratification, interethnic and interfaith conflicts. Hence the gain historical role the state as a guarantor of social stability, designed to ensure, above all, help needed the most needy categories of the population and protect society from the wave of violence, crime and terror, which is gaining a global scale. Of particular difficulty is the question of the possibilities and effectiveness of state intervention in the economy in the context of globalization. Globalization leads to a sharp complication of the external, in relation to society as a system, conditions of existence. In connection with this, the leading economically countries are forced to adjust their economic (in particular industrial) policy. Its task is increasingly to create optimal conditions for innovative development of their country. This includes the following areas: increasing scientific and technical potential, intellectual and professional level work force, stimulating the consciousness of innovation infrastructure (technology parks, venture capital funds and risky firms, business incubators), which is necessary to expand cooperation ties between financial institutions, firms, scientific institutions, the system of training and retraining of personnel. Distinctive feature the optimal strategy of the state in the context of globalization is that it does not crush society under itself, but increasingly closely cooperates with it, delegating part of its powers local government and organizations civil society... This allows us to speak about the emerging trend towards socialization of the state in response to the challenge of globalization, which is a prerequisite for the successful integration of the national society into the world community. The paradox of globalization is that the richer and stronger the internal ties of society, the higher the degree of its economic and social consolidation and the more fully it is realized. internal resources, the more successfully it is able to use the advantages of integration ties and adapt to the conditions of the global market.

Kinds legal responsibility.

Legal liability - the application of a sanction of a law enforcement norm by the competent, as a rule, state authorities to the offender.

Legal responsibility is a legal relationship arising between the state represented by authorized body and the offender. The state body has the right to bring the perpetrator to justice, and the offender has the obligation to endure adverse consequences their deed.

Legal fact with which the emergence of this legal relationship is associated - the commission of an offense. The legal fact with which the termination of the legal relationship is connected is the execution of the punishment (serving imprisonment, paying a fine, etc.).

In a broad sense, it is an element of the general legal status a person who must be law-abiding, and must not only comply with legal regulations, but also be responsible for the consequences of non-compliance.

Types of legal liability

Disciplinary responsibility- Consists of superimposing on guilty person disciplinary action by the power of the leader. Main regulation

Labor Code of the Russian Federation.

Administrative responsibility - Application by executive authorities of measures of influence against the guilty persons. The main regulatory legal act is the Code of Administrative Offenses of the Russian Federation. Within the framework of administrative responsibility allocate proper administrative, as well as financial, tax liability other.

Liability - Indemnity property damage caused as a result misconduct in the process of performing a person's official duties.

Material liability is often viewed as a form of civil liability.

Civil liability- Arises from a violation of property and personal moral rights citizens and organizations. Main regulation

Civil Code of the Russian Federation.

Criminal liability - Applicable in judicial procedure to the person guilty of a crime. The only normative act establishing criminal liability- The Criminal Code of the Russian Federation.

Legal regulation and legal impact: concept, interaction, differences.

Legal impact is traditionally studied in the doctrine of state and law in the section on the implementation of law. The exercise of the right, i.e. the embodiment of the regulators of social relations in natural everyday situations carried out by the impact of the rule of law on the behavior of people. The influence of the law on the consciousness and behavior of people is based on the very fact of existence legal requirements... The process of the influence of the law on people's behavior and social relations begins from the moment of realizing the need and the possibility of regulating some life situations with the help of law.

The impact of law and regulation (regulation) by law are related and close in meaning. In the literature, and especially in periodicals, there is often a confusion of terminology, and "legal impact" is equated with "legal regulation". Undoubtedly, in certain situations it is permissible to substitute one concept for another - for example: proceeding from the fact that law itself is a regulator of social relations, in its action and functioning it exerts a regulating effect on these relations - i.e. ordering. Thus, the legal impact in general can be defined as one of the functions of law - regulatory.

"Impact" is a system of actions aimed at influencing something] 11. to achieve the desired result] 2]. In other words, impact is impact. Impact is aimed at changing something, pushing the object into the right side... "Regulation" (from Lat. Regulo - arrange, arrange, adjust, bring something in line with something) is special case, one of the elements in the impact system; it is a form of purposeful control action focused on maintaining equilibrium in a controlled object and on its development by introducing regulators into it: norms, rules, goals, connections, etc. norms (behavior, activities, attitudes, etc.).

Hence, “impact” is a broader category than “regulation”. Accordingly, the "legal impact" is also more broad concept, characterizing all directions and forms of influence of law on public relations. Any legal regulation is a legal influence, but not any legal influence is a legal regulation. A similar approach to understanding legal impact and its relationship with legal regulation seems to be quite reasonable, since the role of law in public life is not limited only to the regulation of social relations, although this is the main one.

Ticket number 32

32-1. Family of religious and traditional law and its features in modern period

The legal systems of many countries in Asia and Africa do not possess the degree of unity that is characteristic of the previously characterized legal families... However, they have much in common in essence and form, they are all based on concepts that differ from those that dominate in Western countries... Of course, all of these legal systems to some extent they borrow Western ideas, but to a large extent remain true to views in which law is understood in a completely different way and is not intended to perform the same functions as in Western countries. It is believed that the principles that govern non-Western countries are of two types: 1. the great value of law is recognized, but the law itself is understood differently than in the West, there is an intertwining of law and religion; 2. the very idea of ​​law is discarded and it is argued that social relations should be regulated in a different way. The first group includes the countries of Muslim, Hindu and Jewish law, the second - the countries Of the Far East, Africa and Madagascar.

Muslim law is a system of norms expressed in religious form and based on the Muslim religion Islam. Islam proceeds from the fact that existing law came from Allah, who at a certain point in history revealed it to man through his prophet Muhammad. Sharia means, translated into Russian, "the way to follow" and constitutes what is called Islamic law.

One of the main beliefs of Hinduism is that people are divided from the moment of birth into social hierarchical categories, each of which has its own system of rights and obligations and even morality. Justification of the caste structure of society is the basis of the philosophical, religious and social system hinduism. Moreover, each person must behave as prescribed by the social caste to which he belongs. Custom is allowed as a regulator of behavior. Positive Hindu law is customary law dominated to one degree or another by religious doctrine.

Of all the modern world religions, Islam is perhaps the most closely related to politics, state and law. The connecting link between them is Muslim law. Study of contemporary sources Islamic law, the texts of legislative acts testifies to some similarity with European law. But the external similarity does not eliminate the internal, moral and religious sources that still steadily determine the behavior of people. The legal systems of these countries do not possess the degree of unity that is characteristic of the previously characterized legal systems. However, they have much in common in essence and form. All of them are based on concepts that differ from those that prevail in Western countries. These legal systems to some extent borrow from Western ideas, but to a large extent remain true to views in which law is understood in a completely different way and is not intended to perform the same functions as in Western countries.

Law Is a normative legal act of the highest legal force, adopted according to a strict procedure by the supreme body state power regulating the most important and stable social relations (Tsyganov V.I.).

The law occupies a leading position in the system of normative legal acts.

Signs of the law:

1. This is a normative legal act, as it contains the rules of law;

2. Has the highest legal force. It cannot be canceled by any other body, except for the one that adopted, its content should not contradict all other normative legal acts. All other normative legal acts are issued on the basis of the law and in its execution.

3. It is adopted by a special procedure by the highest representative (legislative) body of state power or by way of a referendum. The constitution of the state establishes a clear procedure for adopting laws, which is notable for its complexity in comparison with the procedure for adopting by-laws.

4. Regulates the most important and stable social relations.

5. Is fundamental legal document... Serves as a base, basis, guideline for the activities of state bodies.

6. Must express the will and interests of the people.

Types of laws according to their legal force:

1. Constitution (law of laws) - it is a fundamental constituent political and legal act with the highest legal force, securing the constitutional system, human and civil rights and freedoms, determining the form of government and form state structure, system and powers of state bodies. The Constitution occupies the highest place in the hierarchy of the legislative system, all other normative legal acts cannot contradict it.

2. Federal constitutional laws(In some foreign countries, for example, in France, they are called organic). These are acts, the need for which is directly stipulated by the Constitution. They are a kind of continuation of the Constitution, their norms develop and concretize its individual provisions (for example, federal constitutional laws on the Government of the Russian Federation, on The Constitutional Court RF, on the Commissioner for Human Rights, on the referendum of the Russian Federation, on the judicial system, on arbitration courts, about military courts, about state emblem, about the state flag, about national anthem and etc.). For constitutional laws, more complicated procedure their passage and acceptance.

3. Federal laws - these are acts current legislation dedicated to various parties socio-economic, political and spiritual life of society (for example, the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Family Code of the Russian Federation, etc.).

Codes occupy a special place in the system of laws. Codex - This is a large consolidated act, in detail and specifically regulating a certain area of ​​public relations, subject to direct application. It either completely absorbs all the norms of the relevant industry, for example, the Criminal Code, or contains the main in volume, the most important part such norms (for example, the Civil Code, the Criminal Code, the Labor Code). Currently, at the head of most of the industries of the Russian federal legislation there are codes.

4. The laws of the constituent entities of the Federation - are published by their representative bodies and apply only to the relevant territory (for example, the law Saratov region O municipal service in the Saratov region, the law Nizhny Novgorod region on pharmaceutical activities, etc.).

52 .Subordinate legal act - This is a kind of normative legal acts, issued in accordance with the law and aimed at its implementation (V.I. Tsyganov).

By-laws - official documents accepted various bodies state, municipal authorities and individual organizations in pursuance of the laws and in accordance with them, containing general rules specifying the primary norms of laws (Petrov A.V.).

By-laws are issued on the basis of laws and specify their norms. In terms of legal force, they are inferior to laws. Nevertheless, their role in the regulation of social relations is very great. They are more numerous and varied than laws, they have different names, their legal force depends on the place and role of the body that adopted them.

In the Russian Federation, the system of by-laws in general view enshrined in the Constitution.

1) Decrees and orders of the President of the Russian Federation. To realize their power The President issues decrees and orders that are binding on the entire territory of the Russian Federation. Orders, in contrast to decrees, are adopted more on procedural current issues... The President also publishes numerous individual acts(Presidential decrees on awarding state awards of the Russian Federation, on conferring honorary titles, on the appointment or dismissal from office, etc.). Decrees and orders of the President of the Russian Federation must not contradict the Constitution and laws of the Russian Federation.

2) Resolutions and orders of the Government of the Russian Federation. They are adopted on the basis and pursuant to the Constitution and laws of the Russian Federation, regulatory decrees President of the Russian Federation. They are mandatory in the Russian Federation. The President of the Russian Federation can cancel them.

3) Orders, instructions, regulations, normative letters, charters of ministries and other federal executive bodies can be accepted in cases and limits, provided by law Of the Russian Federation, by decrees of the President and decrees of the Government. If they affect rights, freedoms and other legitimate interests citizens or are interdepartmental, they are subject to state registration with the Ministry of Justice and are published no later than ten days after registration.

4) Regulatory and legal acts of state authorities of the constituent entities of the Russian Federation. These include decrees, orders, etc. heads of constituent entities, administrations, governments of constituent entities, by-laws representative bodies subjects. These acts apply to the territory of the respective entity. By-laws of the constituent entities of the Russian Federation correlate with acts federal level in accordance with Art. 76 of the Constitution of the Russian Federation.

5) Regulations of local authorities. They apply to all persons located on the territory of the respective municipality.

6) Local regulations. Published by founders and other subjects of management at enterprises, institutions, organizations (charters, orders, regulations). In many cases, these acts must be registered with the municipal authority.

A normative legal act (NLA) is the main source of law in a modern state.

Normative legal acts are issued mainly by state bodies that have the appropriate competence in this area. The procedure for issuing Normative Legal Acts is strictly regulated.

A normative legal act is an official document containing legal norms governing public relations. By adopting a normative legal act, the state thereby makes its will generally binding.

The normative legal act has the following features:

1.It aims to regulate public relations in different areas life of society;
2. is created as a result of the law-making process by the relevant authorized state bodies;
3. has an official character;
4.This is an official document with special details:
title of the act (for example, law, regulation, order);
the name of the state body that adopted this document (state duma, president, government, ministry);
date of adoption of the act, its number, as well as the place where it was adopted.
5. legal acts constitute a unified legislative system of society;
6. Contains the norms of law that are binding on the state;
7. has a strictly regulated procedure for adoption, publication, entry into force. All legal acts must be brought to the attention of citizens without fail;
8. has a certain internal structure: sections, chapters, articles;
9. its execution is guaranteed by the coercive force of the state.

Regulatory legal acts are classified for various reasons:

1. By the subject of lawmaking, i.e. who is the initiator of this RLA:
state body;
public organizations;
people (referendum).
2. By the scope of their distribution:
federal laws and regulations;
acts of the constituent entities of the Russian Federation;
acts of municipal bodies;
local legal acts of organizations, institutions, etc.
3. By the time of their action:
acts adopted for an indefinite long time;
temporary acts (for a certain period).
4. By legal force: This is the most essential feature of the classification, as it determines the importance of legal acts in the system of legal regulation.

In accordance with the laws of rule-making, the legal acts of the higher bodies have a legal advantage (higher legal force) in comparison with the acts of the lower bodies. Those. the latter are obliged to issue legal acts on the basis of and in pursuance of legal acts of higher authorities.

On this basis, legal acts are divided into laws and by-laws.

The laws

A law is a normative legal act issued in a strictly regulated manner by a legislative authority (in Russia such a body is the State Duma of the Russian Federation) or a referendum, which has the highest legal force and applies to the most significant areas of public relations. The order in which laws are passed is called the legislative procedure.

Types of laws:

1. The Constitution is the main law of the state. It determines the constitutional policy of the state, the state system, human rights and freedoms, as well as the basic rights and obligations of citizens of the state.

2. Federal constitutional laws - regulate issues that are defined in the Constitution. In constitutional laws, these issues are clarified and considered in more detail. (An example of constitutional laws can be: FKZ "On the State Flag of the Russian Federation", "On the judicial system of the Russian Federation", "On the Commissioner for Human Rights in the Russian Federation", etc.).

3. Federal laws - legal acts regulating issues in the socio-political, economic, family and other areas of public relations. (For example, the Federal Law "On Protection of Consumer Rights", "On the Police", "On Education".).

Federal laws include codes. A code is a legislative act containing systematized norms of any branch of law. (Labor Code, Civil Code, Code of Administrative Offenses, Family Code, etc.).

4. The laws of the constituent entities of the Russian Federation are legal documents adopted by the legislative bodies of the constituent entity of the Russian Federation, and are binding only for citizens living in the territory of this constituent entity. (The law of the city of Moscow "On transport tax", the Law of the Samara region "On administrative offenses", etc.).

Regulations

By-laws are legal acts that are based on the law and do not contradict it. Their legal force in comparison with the law is the least.

Types of bylaws:

1. General, i.e. mandatory for all persons within the territory of the country:

Decrees and orders of the President ("On rewarding with state awards of the Russian Federation", On the All-Russian physical culture and sports complex "Ready for Labor and Defense" (TRP);

Resolutions and orders of the Government. Accepted for execution and based on the laws and decrees of the President. These Acts are signed by the Prime Minister. The topics of the decrees and orders of the Government are varied - they touch upon political, economic, scientific, educational issues, as well as human rights. (Decree of the Government "On the procedure for providing communal services to citizens").

2. Local - legal acts issued by local authorities: these are various decisions and decrees of the municipality, council, city hall on various issues of a local nature.

3. Departmental - these are orders, instructions of various ministries and departments. Departmental acts may be binding on the relevant institutions, or they may be generally binding. For example, the Ministry of Finance and the Ministry of Education can issue generally binding acts that apply to all citizens.

4. Intra-organizational (corporate) acts: adopted by organizations and institutions to determine the order of work and relationships within the organization. They apply only to members of such organizations. These are statutes, orders, rules, regulations, etc. (For example, the Charter of CJSC CREDO, Internal Labor Regulations).

Acts of the judiciary

The question of whether the judicial acts of the highest courts are a source of law is controversial. Judicial decisions may acquire regulatory features as a result of the generalization of judicial practice.

If inaccuracies, ambiguities in legislative acts are revealed, the courts can specify more precisely the application of legal norms, without creating new norms.

The highest judicial authorities create new legal norms in order to clarify the application of legislation in its practical application by the courts. (Resolutions of the Supreme Court of the Russian Federation, Resolutions of the Supreme Arbitration Court of the Russian Federation).

Therefore, in the classical understanding of the continental system of law, judicial acts are still not a source of law, but are an explanation of the application of existing norms, taking into account their contradictions or gaps in legal regulation.