The meaning of legislative acts. Regulatory acts, their types and meanings


Saransk Cooperative Institute MUPK.

Course work

Subject:

“Regulatory acts, their types and meanings”

Teacher: Timoshkin V.V.

Performed: 1st year student of the correspondence faculty, specialty “Jurisprudence” Yushkevich I.N.

Saransk, 99

I. Introduction page 3

II. Regulatory legal acts, such as

sources of law, their differences from page 5

other sources of law

III. Types of regulatory and legal

at page 9

IV. Systematization is normative -

legal acts page 17

V. Effect of regulatory and legal

acts in time, in space

and in a circle of people p. 20

VI. Conclusion page 27

Introduction

In order to become a reality and successfully fulfill the regulatory, educational and other functions inherent in law, it, like the state, must have its own external expression. In domestic and foreign literature, these “external expressions of law” in some cases are called both forms and sources of law.

In this work, “form of law” will be considered as a synonym for “source of law”. Here, no fundamental importance is attached to those unprincipled semantic nuances, shades and minor differences that the terms “form” and “source” of law have. As sources of law, one can interpret those material, social and other conditions of society that objectively cause the need to issue or amend and supplement certain normative legal acts, as well as the legal system as a whole.

World legal science considers the sources of law in inextricable unity with the content of legal norms. The expression of legal norms in custom, precedent, and judicial practice has a casuistic and not always definite character. These norms develop gradually, as particular cases are repeated and a certain rule of behavior is applied. Therefore, legal norms cannot embody a general and sufficiently definite expression in the indicated forms.

The transition to universal regulatory regulation is carried out evolutionarily.

At the beginning, normative regulation extended only to those areas of public life that directly related to the interests of state power.

Private, property and family relations for a long time remained under the influence of common law and judicial practice. Over time, legal regulation expands, subordinating other areas of public life, and thus becomes the predominant form of legal regulation of social relations.

Regulatory legal acts as sources of law. Their differences from other sources of law.

Among the numerous forms (sources) of law, regulatory and legal acts of state bodies occupy an important place. For brevity, they are often called regulations.

Regulatory legal acts are understood as written expressions of decisions of competent state bodies that contain the rules of law.

These are acts of lawmaking, with the help and thanks to which legal norms are established or abolished.

Without exception, all normative legal acts are state acts in nature. They are issued or sanctioned only by government agencies.

They have a strong-willed character. They contain and through them the will of the state is refracted. Violation of the orders contained in normative legal acts is associated with the onset of criminal, civil and other legal consequences.

Among the normative and legal acts issued by government bodies are laws, decrees, decrees, government (cabinet) resolutions, orders of ministers, chairmen of state committees, decisions and regulations applied by local government bodies and administration. The system of normative legal acts in each country is determined by the constitution, as well as special laws issued on its basis, regulations on certain government bodies, and government decrees. The legislation also determines the procedure for issuing, amending, repealing and supplementing normative legal acts; it is indicated which body, in accordance with which procedure, issues this or that normative act.

Regulatory legal acts, as sources of law, have certain organizational, technical and other advantages over other sources of law. They are manifested: firstly, in the fact that the state bodies that issue them have much greater coordination than all other rule-making institutions for identifying and reflecting in the law not only group, class, individual, but also general interests; secondly, that due to clear requirements, traditionally established rules for presenting its content, a normative legal act is considered the best way to formalize established norms; and, thirdly, that a normative legal act, due to its clarity and certainty, is easier to “handle” than other forms of law. As theorists and practitioners note, it is easy to refer to it when resolving cases, make the necessary adjustments, and monitor its implementation. 1


1. General theory of law / answer. ed. A.S. Pigolkin. M., 1994. P. 174.

Regulatory acts have a number of characteristic features that differ from all other legal acts, in particular law enforcement ones, which have an individually specific character. These signs are as follows:

1. normative acts are the result of law-making activities of competent state bodies and officials, as well as authorized public associations and organizations;

4. are applied and implemented in a special procedural manner;

5. have a strictly defined documentary form (law, decree, resolution, etc.);

6. are aimed at regulating the most typical, mass relations, while acts of application of legal norms relate mainly only to specific life cases, situations, circumstances.

7. are designed for permanent or long-term action, whereas implementing acts are designed for one-time implementation;

8. normative acts are not personalized, they are addressed either to all or to an indefinitely large number of subjects, and the act of applying a legal norm has a specific addressee.

Therefore, normative legal acts must be distinguished from individual legal acts, which are not sources of law. An individual legal act extends its effect to specific subjects of law who are in the sphere of legal regulation. It is designed for one-time use, applies personally to certain individuals and terminates with the implementation of a specific right or obligation (for example, the appointment of a pension by a social security body to a specific person, a court decision on the forced repayment of a debt by an obligated person).

Individual legal acts are also a necessary means of implementing the general requirements of legal norms contained in normative legal acts. They are of a mandatory state nature, their implementation is ensured by the competent authorities of the state (court, mayor's office, arbitration), but they are not sources of law, since they do not contain legal norms. Unlike legal norms, their prescriptions relate to personalized individuals and specific life situations.

The sources of jurisprudence, or the sources of our knowledge about law, should be distinguished from a normative legal act as a source of law. We draw information about the rules of law from various collections of legislation, from historical legal monuments, and from the works of professional lawyers. All these are sources of our knowledge of legal norms, and not sources of law.

As a result, a normative legal act can be defined as an official act issued in a special manner - a document of the competent law-making body containing the rules of law.

Types of normative legal acts.

Classification of normative legal acts is made on various grounds: by legal force; by content; by the volume and nature of the action; to the entities publishing them.

By legal force All normative legal acts are divided into laws and by-laws. The legal force of normative legal acts is the most essential feature of their classification. It determines their place and significance in the overall system of state regulatory regulation. In accordance with the theory and practice of law-making, acts of higher law-making bodies have higher legal force than acts of lower law-making bodies. The latter are issued on the basis of and in pursuance of regulations issued by higher law-making bodies.

Regulatory legal acts are also classified by content. This division is to a certain extent arbitrary. This convention is objectively explained by the fact that not all normative legal acts contain norms of uniform content. There are acts containing norms of only one branch of rights (labor, family, criminal legislation). But along with industry regulations, there are also acts that are complex in nature. They include norms of various branches of law serving a certain area of ​​public life. Economic, trade, military, maritime legislation - examples of complex regulatory and legal acts

By volume and nature of action normative legal acts are divided.

The term "" in domestic lawmaking is not fully disclosed. Meanwhile, its correct understanding is of great practical importance.

General information

As you know, the concept of legislation is considered in two senses: narrow and broad. In the first case, we are talking about a collection of legal documents approved by the authorized body. In a broad sense, this term should be understood as a set of various by-laws and legislative acts. The first interpretation is the most common.

Main features

Legislative acts of the Russian Federation are created by authorized bodies with law-making initiative. The decisions they make on certain issues express the state will. This determines the bindingness, authoritarianism, and formality of documents. Of the characteristics that they possess, it is first of all necessary to note their law-making nature. Selected legislative acts establish, cancel, adjust certain norms. These documents are the guardians of established patterns of behavior in the state and society. It's worth saying that amendments to legislative acts, as well as their cancellation or acceptance, are carried out according to certain rules. The publication of certain documents must be carried out exclusively by authorized bodies. Otherwise, there may be several decisions on one issue in the state, including those that contradict each other.

Design features

Legislative act- this is a document. It must contain mandatory details. Among them:

  1. Name. As a rule, the title provides a brief description of the document. Eg " On amendments to certain legislative acts".
  2. Date of.
  3. Place of approval.
  4. The structure that accepted .
  5. Number.

The written form ensures a uniform understanding of the regulations. This is very important, since failure to comply with the requirements of the regulations entails liability.

Additionally

Everyone must comply with the provisions of the Constitution. In addition, its norms should not contradict documents that have greater force in comparison with it. Any legislative act must be made public. Regulations are published in official publications accessible to organizations and citizens. Only after promulgation does the state have the right to demand execution of the instructions it contains.

Quality of presentation

In order for acts to have proper regulatory power, they must reflect objective reality. This requirement is, by and large, general in nature. It is worth noting that although authorized bodies have a certain freedom in accepting certain documents, it is far from unlimited. If the approved acts do not correspond to objective reality, the provisions contained in them cannot be effectively applied in practice. If there is an acute contradiction, the adoption of such documents may provoke intrastate conflicts. Any ideas, including very promising ones, cannot be realized if society is not ready for them. An example is the inclusion amendments to certain legislative acts of the Russian Federation regulating elections to the State Duma. In 2005, a proportional voting system was introduced. Representation in parliament was assumed in the absence of a balanced and developed party system.

Structurality

Legislative acts should not be a jumbled collection of provisions. Typically, the document contains an introductory part. It is called the preamble. In a number of cases, it provides a description of the socio-political situation that existed at the time the act was approved. The purpose and purpose of the document must be stated (briefly). For example, it may be adopted to adjust some international agreements Federations and individual legislative acts, approved for their execution.

Construction scheme

The first articles of a document may reveal the terminology used in it. After this, the formation of the act can be carried out as follows:

Nuances

The above arrangement order is usually used in non-codified acts. They are accepted in relatively “young” legal fields. As for long-existing legal areas, the key documents in them are codes. For example, civil legal relations are regulated by the Civil Code, criminal proceedings - by the Code of Criminal Procedure. It is worth saying that authorized bodies not only accept legal documents, but also monitor their compliance with modern realities. To ensure that regulations remain relevant, amendments to individual legislation are included where necessary. For example, relatively recently the Criminal Code underwent adjustments. Some acts were decriminalized, and certain clauses of a number of articles became invalid.

Easy to understand

Legislative acts are approved for an unlimited number of subjects. They are aimed at establishing rules and behavior patterns of certain individuals. In this regard, acts must be understandable to ordinary citizens. Bodies accepting documents should focus not on the highly intelligent part of the population, but on ordinary citizens. The contents of the acts must be stated in clear language. However, common speech is not allowed. The document should be distinguished by rigor of presentation, formality, comply with the laws of logic, not be overly abstract, but also not detail the details.

Classification

Federal laws are divided according to their level of significance into:


Codes

They are considered a type of current legislation. The Code is a complex, systematized document. Usually it contains all or the main rules of a particular legal field in a certain order. For example, the Criminal Code contains all provisions relating to crimes and punishments for them, the Civil Code regulates all aspects of civil (property) relations. Each code represents a kind of “legal economy”. It contains everything that is needed to regulate a certain group of relationships. At the same time, all the material is systematized, distributed into appropriate sections and chapters. As a rule, the code contains 2 parts: General and Special. The first contains general provisions. These norms are important for the implementation of any article of the Special Part. Simply put, they are used to regulate any relationship that is covered by the code. In the Criminal Code, for example, in this part there are provisions on the age at which a citizen can be held accountable. Here, in fact, the concept of a crime is revealed, there is a list and procedure for applying sanctions. The special part establishes specific punishments for certain acts.

conclusions

Laws are considered the most significant types of legal acts. They can only be approved by authorized bodies. The adoption of legislative acts is carried out within the framework of a special procedure. These documents are designed to regulate the most important social relations. Some countries provide a closed list of problems, the solution of which is carried out through the adoption of laws. There is no such list in Russia. In this regard, authorized bodies, in particular the Federal Assembly, formally have the right to adopt a legal act on absolutely any issue. However, it is unlikely that legislators will solve problems that are not of paramount importance. It is also worth saying that the legal documents in question have the highest legal force. They have an advantage when applied in comparison with other types of regulations. The exception is international agreements of the Russian Federation. In cases established by law, agreements signed by Russia with other states shall prevail.

Legislative acts and their meaning

Legislation is one of the most important documents in the history of any society, since it constitutes the legal basis of the state; it regulates and directs all the daily work of state and public organizations, introduces relations between citizens and organizations into a certain legal norm.

The significance of these documents is very great. A legislative act is a special type of historical source that requires the use of certain methods of analysis that make it possible to most fully reveal its content, meaning, and features. Although the basic principles of studying legislative acts are common, the methods of working with them are not the same. This depends on the type of document, purpose, time of creation, etc. Among the differences in legislative sources, it is necessary to note differences on a purely nomenclature principle. Before the USSR Constitution of 1936, there were many types of legislative acts; constitution, resolutions of congresses of Soviets, decisions of sessions of the Central Executive Committee of the USSR. For some time, in addition to decrees, resolutions and orders of the All-Russian Central Executive Committee and the Council of People's Commissars had the force of law.

This period is characterized by the absence of a stable terminology of legislative acts. Documents that were heterogeneous in content and functional purpose sometimes had the same designations, and acts that were homogeneous in content were named differently from each other.

Source analysis of legislation can be carried out on a number of levels. In each case there will be a specific formulation of the problem: studying the history of the text of the act as a process as a whole and its individual links, establishing the role of a particular person in its development; analysis of the place of the act in the legislative system; clarification of the nature of the legislative norm, prevailing legal ideas; study of a legislative act in terms of how it reflects certain aspects of socio-historical reality, ascertaining existing ideas; analysis of the process of its implementation, interpretation and other aspects of its life until it loses legal force or is revised.

And yet, the methodology for working with legislative acts lends itself to a certain generalization better than with other types of sources. Therefore, in the lecture below, the emphasis will be on the methodological side of the matter.

Memoirs and their meaning and features

Memoirs are a specific genre of literature, the peculiarity of which is documentary; Moreover, their documentation is based on the testimony of memoirists, which is more obvious than the events described. Memories can restore many facts that are not reflected in other types of sources. Memoir details can be crucial for the reconstruction of a particular event.

Memories are not only a dispassionate recording of past events, they are also confession, justification, accusation, and reflections of the individual. Therefore, memoirs, like no other document, are subjective. This is not a disadvantage, but a property of memoirs, because they bear the imprint of the author’s personality. All the merits and demerits of the memoirist involuntarily transfer to the memoirs. Otherwise, the memoirs are faceless. Sometimes in historical literature and textbooks the subjectivity of memoirs, if not openly assessed as a disadvantage, is at least implied. However, I repeat, memoirs cannot be anything else. Their subjectivity is an objectively inherent property of them.

However, memoirs cannot be considered a product of exclusively personal origin. They inevitably bear the mark of their time. The sincerity of the memoirist, the completeness and reliability of his impressions depend on the era in which, firstly, the memoirs were written and published. The object of memories is also of no small importance: the event or person about which the memoirist writes. Sometimes this makes all the difference. A memoirist often first of all wants to show his role in this event, the attitude of one or another outstanding personality to the memoirist.

This situation is well illustrated by an anecdote from the 60s and 70s about the memories of V.I.’s contemporaries. Lenin, which appeared in abundance in those years, after which the question arose: how many people helped Lenin carry the log at the first Kremlin subbotnik? If not to play a major role in certain events, then at least to be involved in them - such is the subtext of such memoirs.

If other dead people had known how many inconsolable people they would leave behind, they would never have left the sinful earth. As soon as Vladimir Vysotsky died, so many of his friends showed up that he didn’t even suspect. Thus, memoirs, like any other sources, require a critical approach.

Sources of memories can be written and oral. Written documents are a wide variety of documents: operational documents of military headquarters, excerpts from letters and diaries, newspaper reports, fragments of departmental documentation, etc. Military memoirs use many staff documents, maps and diagrams. Sometimes in memoirs documents are presented entirely in the form of appendices, which is very valuable. For example, in the memoirs of General P.N. Wrangel in the appendix reproduces the order of the Commander-in-Chief of the Armed Forces in the South of Russia “On Land” dated May 25, 1920 and the entire complex of documents in development of this order. Since the search for these materials is very difficult, such a publication is unique in the study of Wrangel’s agrarian policy.

However, the main source of memoirs remains memory. And here a lot depends on the reliability of the memoirist’s memory and on his ability to accurately convey information about events to the reader. Although keeping silent about something is not always a sign of poor memory. When reading the memoirs, one must remember the favorite expression of the famous detective Hercule Poirot. “Everyone has something to hide,” he liked to repeat.

Of course, censorship (and, accordingly, self-censorship) also forced people to keep silent.

What is the place of memoirs among other sources? They are often relegated to a secondary role, or even reduced to illustrative material. The meaning of memoirs depends on the topic to which they are involved. For example, for writing a biography of a writer, for recreating the political history of a country, for reconstructing some historical fact, memoirs are an important source. As for the broad socio-economic canvases of the past, mass social movements, the history of the national economy, here memoirs play a secondary (or even tertiary) role, giving way to statistics, reports, etc.

One more circumstance must be remembered. After all, memoirs arose as a genre of fiction, that is, it is material not so much for research as for reading, often entertaining. Historians, forgetting this, approach memoirs solely as a historical source. There is no sympathy for the presence of emotional impressions, nor does an attempt to analyze certain events. The historian requires only facts. This is his right (and his limitations!), but the author also has the right to his own view of the past.

The history of Soviet society has produced a significant number of diverse memoirs. For orientation among them, we will try to group them according to specific characteristics.

Documents of Soviet organizations cover the comprehensive activities of the bodies of Soviet power as bodies of state administration and as mass organizations of workers.

The sphere of activity of the Soviet state is much wider than that of the bourgeois state, since the activity of the latter is aimed mainly at protecting the interests of the exploiting classes, and the Soviet state realizes the great goals of communist construction and protecting the gains of the working people.

The Soviet state concentrates in its hands not only administrative management, foreign policy and the defense of the country. It also manages all economic and socio-cultural construction: industry, transport and communications, banks, finance and credit, the exploitation of nationalized land and the development of the earth's subsoil. The Soviet state carries out nationwide production, accounting and distribution of products from all industry and a significant part of agriculture. It manages the entire system of public education, personnel training, healthcare, the activities of all scientific institutions, social construction, cultural and entertainment enterprises, and ensures the development of all areas of culture and art.

At the same time, the Councils in their activities rely on extremely broad democratic foundations both in their formation and in the implementation of state management functions. The councils involve the most active sections of the population in their work through various sections, deputy groups, commissions, etc.

Documents of Soviet authorities can be divided into two main groups: the first - legislative acts and decrees of the Soviet government and the second - documents of higher, republican and local Soviet organizations, reflecting the daily work of the Soviets.

Of particular importance among the documents of the bodies of Soviet power are legislative acts and resolutions of executive bodies, since they constitute the legal basis of Soviet society, regulate and direct all the daily work of Soviet and public organizations. Therefore, these sources of a normative nature, presented in significant quantities, require special study.



Legislative acts are generally binding rules (norms) issued by the highest bodies of state power. The highest bodies of government issue their decrees and orders on the basis of and in pursuance of laws and verify their implementation.

V.I. Lenin pointed out that the law is “an expression of the will of the classes that have won victory and hold state power in their hands.” “The law,” wrote V.I. Lenin, “is a political measure, it is politics.”

Being part of the superstructure, legislative acts, like any superstructure, play an active role, helping the basis of a given socio-economic formation to establish itself, strengthen and develop. A correct understanding of the origin of legislative sources, their class essence is the starting point in working on this type of historical sources.

The legislative sources of the Soviet state are fundamentally different from the legislative sources of capitalist, feudal and other states. The main purpose of the legislative sources of the Soviet era was to solve the great tasks of building communism. They reflect the outstanding role of the Communist Party as the leading and guiding force of Soviet society, Lenin's national policy of friendship and brotherhood of peoples.

The peculiarity of Soviet legislative sources is that they are based on the study of objective laws of development of Soviet society, the effect of which the Soviet government takes into account and uses in its daily practical work. Legislative sources are based on strictly scientific foundations. The great educational significance of legislative acts and decrees of the Soviet government, their comprehensive nature, make these sources the most important in the history of Soviet society. The study of legislative sources requires the use of certain techniques and methods. analysis, allowing the most complete and profound disclosure of their content.

The study of legislative acts and decrees of the Soviet government consists of the following main elements: 1) legislative initiative (including from the initiative document that initiated the passage of this source), 2) the process of developing a bill, 3) discussing the bill and 4) developing the final draft , its discussion by the highest government bodies, approval and publication.

Soviet legislative sources are classic documentation regarding the order of their development, passage and approval. A specific feature of Soviet legislative acts is a broad, truly democratic basis for the development and discussion of bills and the most important government documents, especially those that affect the vital interests of both the state as a whole and the entire Soviet people. Therefore, the study of legislative sources without the use of materials covering their origin is incomplete and cannot provide their truly scientific analysis.

At the same time, the most important legislative acts are the object of special research by historians. Thus, for many years, such legislative acts as the basic laws of the republic - the constitution - have been studied. Typical of existing research on constitutions is the widespread use and careful study, first of all, of materials relating to the origin of constitutions.

The state archives contain numerous documents relating to the development and passage of legislative acts and resolutions of the Soviet government. The historian is obliged to make the necessary searches for them in archival funds in order to be able to reveal the reasons that led to the corresponding changes in the final text of the legislative source.

All previous work is necessary in order to deeply and comprehensively study the content of the legislative act itself. Ultimately, all activities of the Soviet state took place on the basis of their published texts. Therefore, the result of any work is a thorough study of the legislative act. It would be unlawful to study a legislative act only from an archival copy, that is, from the original, although studying it is of great interest. The historian is obliged to involve in research the text of the law in force, on the basis of which government work took place. Such a text is the publication of legislative acts and government regulations in official government publications. Official publications of legislative acts and government regulations are generally considered to be originals, and therefore all work on their study can be carried out using these publications. Moreover, all references must be to their official publications. Archival originals of legislative acts and government regulations may be used in cases where discrepancies are found between the archival copy and the publication.

When studying the content of a legislative act, it is necessary to establish its relationship with previous legislation and with other legislative acts related to it. In this way, it is possible to establish what is new in comparison with previous legislative acts, its difference in the issue of establishing new orders and norms, and the place of this law in the general system of legal institutions of the Soviet state.

Legislative acts, as a rule, have the following main parts: a statement, which indicates the type of legislative act, who issued it and a brief, extremely generalized formulation of its main content; a preamble, or introduction, which states the reasons for its publication; "Tgazta^zhtTG" of this legislative act. After the motivational part, there is a formulation of new legal norms, provisions or obligations, then articles are given that establish the procedure for implementing these legal norms, and the state bodies and institutions that are entrusted with their implementation are listed. Finally, the legislative act identifies the laws and regulations that are repealed or declared obsolete, and finally, the procedure for the entry into force of the law is indicated, as well as the date of adoption of the legislative act.

In decrees of the Soviet government, the names usually contain the same elements as in the legislative act. At the beginning of the resolution there is a statement part, in which the situation and reasons for issuing the resolution are given; in some cases, the legislative acts in pursuance of which this resolution was adopted are indicated. If the resolution is in the nature of an order, then there may not be a stating part. This is followed by articles of the resolution, which indicate the orders of the government, establish new procedures for the implementation of legal norms, as well as responsible executors and the procedure for verifying compliance. Usually, the resolutions provide instructions on those government regulations and orders that are canceled, recognized as obsolete or absorbed by this resolution, as well as the procedure for the entry into force of the resolution.

All components of legislative sources are closely related to each other and should be studied together.

It should be noted one specific feature of Soviet legislative sources, which distinguishes them from the legislation of bourgeois states. In feudal, bourgeois states, the legislator strives to cover up the true class essence of legislation with the appearance of a supra-class state and its laws. In order to reveal the class character of this kind of legislative sources, it is necessary to carry out a thorough source study critical analysis of legislative measures, to show their meaning and significance as laws adopted in the interests of the ruling exploiting classes.

Soviet legislative sources have a pronounced class character. They directly state that they are aimed at protecting the interests of the working masses, against exploitative elements. Legislative sources are aimed at ensuring the construction of socialism in the country and, after the complete victory of socialism, at the further development of communist construction. This specificity of Soviet legislation must be fully revealed by the historian.

In different historical periods, Soviet legislative acts and government regulations have their own characteristics and specific tasks. Therefore, it is necessary to consider specific problems of their source analysis in connection with the study of legislative sources of certain periods. For this purpose, the following two main periods can be distinguished: the first is the period of construction of socialism before the adoption of the USSR Constitution of 1936, when both the nature and procedure for the adoption of legislative sources changed, and significant changes occurred in the laws themselves.

private sources; the second is the period of victorious socialism from the adoption of the USSR Constitution of 1936, including the period of the USSR's transition to the construction of a communist society.

Regulatory acts, depending on their legal force, can be divided into several levels. However, two large groups stand out: laws And regulations . The term “legislation” is used very often. This concept includes all regulations issued by federal and regional state bodies. This terminological name is justified because the basis of an integral system of normative acts is formed by laws.

Let us list and briefly describe the main types of regulations (Fig. 2.6).

Laws- these are normative acts adopted in a special manner by legislative bodies, regulating the most important social relations and having the highest legal force.

Laws are the most significant type of regulations.

Firstly, laws can be passed by only one body - the parliament, which holds legislative power in the country. Thus, in the USA, federal laws are adopted by the US Congress, in Russia - by the State Duma of the Russian Federation.

Secondly, laws are adopted in a special manner, which is called the legislative procedure.

Thirdly, laws regulate the most important relationships in society. Some countries have established a strict list of issues that must be resolved through the law. In other states, for example in Russia, there is no such list, so the Federal Assembly can formally pass a law on any issue. However, it is unlikely that Parliament will find it necessary to legislate on an issue that is not of primary importance.

Fourthly, laws have higher legal force compared to other types of regulations.

Rice. 2.6. Types of regulations in the Russian Federation

According to their significance, federal laws are divided into groups:

1. constitutional laws, regulating issues of public life related to the subject of the Constitution of the Russian Federation (Federal Constitutional Law “On the Judicial System of the Russian Federation”, etc.). Such issues are generally regulated in the Constitution, but in constitutional laws they receive further development and detail. It is clear that constitutional laws should not contradict the Constitution of the Russian Federation;

2. current (ordinary) laws adopted to resolve all other important issues in the life of society (for example, the Federal Law “On Joint-Stock Companies”, the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Law of the Russian Federation “On Education”, etc.). Current laws should also not contradict the Constitution of the Russian Federation and federal constitutional laws.

Type of current laws - codes, which represent complex systematized acts. As a rule, the code contains all or the most important rules of any branch of law in a certain order. Thus, the Criminal Code of the Russian Federation contains all the rules on crime and punishment, and the Civil Code of the Russian Federation contains the most important rules governing property relations. Codes refer to the highest level of legislation. Each code is like a developed “legal economy”, which should contain everything that is necessary to regulate one or another group of social relations. Moreover, all this material is brought into a single system, distributed into sections and chapters, and agreed upon. As a rule, the code consists of two parts: general and special. The general part contains norms that are important for the application of any norm of the special part, that is, for any relationship regulated by the code. Thus, the General Part of the Criminal Code of the Russian Federation contains rules on the age at which criminal liability begins, the concept of a crime, a list of punishments, and the basic rules for their application. The Special Part of the Criminal Code of the Russian Federation provides for specific acts and punishments for them.

Decrees is issued by the President of the Russian Federation on issues within his competence, which is quite broad for him, since he is at the same time the head of state and, in fact, the head of the executive branch. If the decree contradicts the Constitution and laws of Russia, it may be declared invalid by the Constitutional Court of the Russian Federation. The decrees of the President are normative in nature, in which he acts as a guarantor of the Constitution of the Russian Federation or regulates the procedure for exercising the powers granted to him by the Constitution, in particular, on issues of the structure of executive power, defense, protection of public order, citizenship, and awards. Decrees are published in the Collection of Legislation of the Russian Federation, as well as in the Rossiyskaya Gazeta.

Regulations published by the Government of the Russian Federation. The competence of the Government mainly includes resolving issues of a socio-economic nature (management of industry, agriculture, construction, transport and communications, social protection of the population, foreign economic relations, organization of the work of ministries, etc.). A large number of Government acts are associated with the development of a mechanism and procedure for the execution of laws adopted by parliament. “Launching” them into life is a very important type of law-making activity carried out by the Government, since if a mechanism for implementing laws is not developed, they will lose their meaning. Resolutions are a mirror of the activities of the Government. Their analysis provides an answer to the question of whether the Government acted effectively, competently, and promptly. They are published in the same legal sources as laws.

Regulatory acts of ministries are instructions, orders, regulations, manuals, rules, charters etc. But it is the instructions that play the leading role. They regulate the main types (forms) of official activities and the functional responsibilities of employees of a certain category. But there are instructions that are intersectoral in nature and apply not only to workers, but also to other organizations, to all citizens (instructions of the Ministry of Finance of the Russian Federation, the Ministry of Transport of the Russian Federation, the Ministry of Health and Social Development of the Russian Federation, etc.). Such acts are subject to registration with the Ministry of Justice of the Russian Federation, where their legality is verified. Acts of ministries are published in the Bulletin of Normative Acts of Federal Executive Bodies.

Regulatory acts of legislative (representative) bodies of the constituent entities of the Federation -laws, this is their most common name. Not all subjects of the Federation are actively involved in lawmaking. In this regard, the federal cities of Moscow and St. Petersburg, as well as the Sverdlovsk and Saratov regions, show themselves. Budget, taxes, privatization - these are the most serious issues of regional rule-making. Moreover, the adoption of an act of this kind requires the conclusion of the administration of the subject of the Federation.

Regulatory acts of governors of territories and regions (presidents of republics) are called decrees.

Regulatory acts of the administration of territories, regions (governments of republics) usually called regulations. They can regulate various issues: the procedure for leasing premises, land plots, collecting fees for travel on public transport, for training in children's music schools, etc.

Acts of both legislative (representative) and executive bodies of the constituent entities of the Federation are published in local newspapers.

Acts of local government bodies are usually called decisions. They are published on issues of local importance concerning residents of cities, districts, villages, towns, villages (landscaping, landscaping, trade, utilities, consumer services, etc.).

Corporate (intra-organizational, intra-company) regulations are those acts that are issued by various organizations to regulate their internal issues and apply to members of these organizations. Corporate acts regulate a wide variety of relations that arise in the specific activities of enterprises (issues of the use of their financial resources, management, personnel, social issues, etc.). In the process of reducing government interference in the affairs of enterprises and expanding their independence, corporate acts take on an increasing burden.

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