It refers to the regulatory legal acts of the President of the Russian Federation. Normative legal acts of the Russian Federation

Attachment 1

In the field of legal activity and legal informatization, the term "legal information" is widely used. Legal information includes, first of all, legal acts, as well as all information related to law: materials for the preparation of draft laws and other regulatory legal acts, their discussion and adoption, accounting and streamlining, interpretation and implementation of legal norms, studying the practice of their application. The legal information also includes materials on legal education and the development of scientific concepts for the development of law.

Based on the foregoing, legal information can be defined as an array of legal acts and closely related reference, regulatory, technical and scientific materials covering all areas of legal activity.

Legal information, depending on who is its "author", that is, from whom it comes and what it is directed to, can be divided into three large groups: official legal information, information of an individual legal nature that has legal significance, and unofficial legal information.

Official legal information is information emanating from authorized state bodies, which has legal significance and is aimed at regulating public relations.

Information of an individual legal nature that has legal significance is information that comes from various subjects of law that do not have power powers and is aimed at creating (changing, terminating) specific legal relations.

Unofficial legal information is materials and information about the legislation and the practice of its implementation (application), which do not entail legal consequences and ensure the effective implementation of legal norms.

Let's consider these groups in more detail.

1. Official legal information

Official legal information, in turn, is divided into regulatory legal information and other official legal information.

1.1. Regulatory information

The normative part of legal information, which is its core, is a set of normative legal acts (hereinafter referred to as NLA) in all their diversity and dynamics.

A normative legal act is a written official document adopted (issued) in a certain form by a law-making body within its competence and aimed at establishing, changing and repealing legal norms. A normative legal act can be either a permanent or a temporary act, calculated for a clearly established period, determined by a specific date or the occurrence of an event.

In turn, a legal norm is commonly understood as a mandatory state prescription of a permanent or temporary nature, designed for repeated use (Resolution of the State Duma of the Federal Assembly of the Russian Federation dated 11.11.96 N 781-II of the State Duma).

Thus, the rule of law is designed not for any specific case or circumstance, but for one or another type of cases, circumstances determined by some common feature, and thus the rule of law is designed for a certain category, type of social relations. Rules of law are general, typical behaviors.

The rule of law is distinguished from legal prescriptions of a non-normative nature by the following specific features:

• 1) repeated application (that is, the rule of law does not lose force after a single application, but is permanent and is designed to be implemented whenever the circumstances provided for by this rule are present. It is not limited to a single application);
• 2) non-personality (that is, the norm does not apply to individually defined subjects, but, as a rule, to a circle of persons, bodies, organizations united by some common feature (occupation, gender, residence in a certain territory, etc.). )).

Both signs of a legal norm should be taken in unity, and the first sign is of primary importance, since it directly reflects the orientation of the norm to regulate a certain type of relationship, to establish a measure of behavior.

The rule of law concerns:

• a) the circle of state bodies, organizations, institutions;
• b) circle of officials;
• c) all citizens or some category of them, determined by one or another common feature (military personnel, pensioners, workers in any sector of the economy, etc.);
• d) one or another specific state body, institution, organization, regardless of their personal composition (definition of general powers);
• e) a specific official (President of the Russian Federation, Prosecutor General of the Russian Federation, etc.), regardless of who personally holds the relevant position.

The legal force of a normative legal act is the property of the act to give rise to certain legal consequences. The legal force of an act indicates the place of the act in the system of legal acts and depends on the position and competence of the body that issued the act.

A characteristic feature of the system of legal acts is its hierarchical structure, according to which each act occupies its own step on the hierarchical ladder, is in subordination with other acts, that is, the ratio of acts is characterized by the supremacy of some acts over others. Acts have unequal legal force, depending on the place of the body that issued it in the system of state bodies and its competence. Acts of higher authorities have greater legal force, while acts of lower authorities must be issued in accordance with them, since they have less legal force.

In accordance with their legal force, normative legal acts are divided into laws (laws of the Russian Federation and laws of subjects of the Russian Federation), by-laws, international treaties and agreements, domestic treaties.

Laws

Laws of the Russian Federation are normative legal acts adopted by a referendum or by the legislative body of the Russian Federation and regulating the most significant public relations.

The Constitution of the Russian Federation, adopted by popular vote, has the highest legal force. Being a law, the Constitution of the Russian Federation is the legal basis of the legislation of the Russian Federation. All other laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.

The laws of the Russian Federation are adopted in the form:

• - laws of the Russian Federation on amendments to the Constitution of the Russian Federation;
• - federal constitutional laws;
• - federal laws (including codes).

Federal constitutional laws cannot contradict the Constitution of the Russian Federation. Federal laws cannot contradict not only the Constitution of the Russian Federation, but also federal constitutional laws.

The laws also include the constitutions of the republics that are part of the Russian Federation, charters of other constituent entities of the Russian Federation, as well as laws adopted by the legislative bodies of the constituent entities of the Russian Federation.

Regulations

By-laws are normative legal acts issued on the basis of and in pursuance of laws. They can specify the norms of laws, interpret them or establish new norms, but at the same time they must comply with and not contradict the laws. By-laws are a means of implementing legislative norms.

They, in turn, are also divided into several types depending on the position and competence of the body that issued the by-law, and also have a hierarchical structure. The leading role in the system of by-laws of the Russian Federation belongs to the acts of the President of the Russian Federation.

Acts of the President of the Russian Federation are adopted in the form of decrees and orders and cannot contradict the Constitution of the Russian Federation and the laws of the Russian Federation. Regulatory legal acts of the President are adopted, as a rule, in the form of decrees.

Acts of the Government of the Russian Federation are adopted in the form of resolutions and orders that cannot contradict the Constitution of the Russian Federation, laws of the Russian Federation, acts of the President of the Russian Federation. Acts of the Government of the Russian Federation have greater force in relation to acts of federal executive bodies and acts of local authorities. Normative legal acts of the Government are adopted, as a rule, in the form of resolutions.

Acts of federal executive bodies (the so-called departmental acts) are issued on the basis of and in pursuance of not only the Constitution of the Russian Federation, laws of the Russian Federation, decrees of the President, but also resolutions of the Government of the Russian Federation. By-laws of the subjects of the Russian Federation have their own hierarchical structure and apply to all persons and other subjects of law located on the territory of the corresponding subject of the Russian Federation.

International Treaties

An international treaty is a normative legal act that regulates the relations of the Russian Federation with a foreign state or an international organization.

In accordance with the Constitution of the Russian Federation, international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules of the international treaty shall apply.

Domestic treaties

A domestic treaty is a normative legal act that regulates relations between the Russian Federation and the constituent entities of the Russian Federation, as well as between various constituent entities of the Russian Federation on issues of mutual interest to the parties (delimitation of jurisdiction and powers between the Russian Federation and the constituent entities of the Russian Federation, joint activities in the economic field, etc.). P.).

1.2. Other official legal information

Other (non-normative) official legal information includes:

• - non-normative acts of a general nature;
• - acts of official clarification;
• - law enforcement acts.

Acts of a general nature, not being normative, create a series of legal relations, many subjects participate in their execution, but they are limited to a single execution (the decision to carry out preventive vaccinations, to build a plant, etc.). Such acts are adopted by authorized state bodies.

Acts of official clarification of existing norms are acts of interpretation of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation, guiding explanations of the Plenum of the Supreme Court of the Russian Federation, the Plenum of the Supreme Arbitration Court of the Russian Federation, etc. There is no consensus on the legal nature of these acts in the scientific literature. Some authors classify acts of official clarification as acts of interpretation that do not contain new norms, while others refer to normative legal acts. At the same time, the real significance of these acts in ensuring the uniform application of laws in judicial practice is not questioned.

Law enforcement acts are individually legal acts adopted by legislative, executive authorities, judicial, prosecutorial authorities, state inspections, etc. They do not apply to any person, body, organization (as a normative act), but to a certain, specific subject of legal relations regulated by this act (judgment, decision on the appointment of a pension, order of the director of an enterprise to dismiss, Decree of the President of the Russian Federation on the appointment to the post of Minister etc.).

1.3. Forms of legal acts

There is a dependence of the form of the act on its normative content.

NLA are adopted (issued) in the form of laws, decrees, resolutions, orders, orders, rules, instructions, regulations. The procedure for preparing normative legal acts of federal executive bodies is regulated by the current legislation. In accordance with Decree of the Government of the Russian Federation of August 13, 1997 N 1009 "On approval of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration," regulatory legal acts of federal executive bodies are issued only "in the form of resolutions, orders, orders, rules, instructions and regulations. The publication of normative legal acts in the form of letters and telegrams is not allowed. "

However, this rule is sometimes violated in legislative practice. For example, the Central Bank of the Russian Federation, by its Order of September 15, 1997 N 02-395 "On the regulation of the Bank of Russia "On the procedure for the preparation and entry into force of Bank of Russia regulations" (clause 1.5 of the Regulations), determines the list of forms in which Bank of Russia regulations can be issued : indication, provision, instruction. This contradicts Decree of the Government of the Russian Federation N 1009 in terms of attributing instructions to the form of a normative legal act. In accordance with Article 6 of the Federal Law "On the Central Bank of the Russian Federation", Bank of Russia regulations affecting the rights, freedoms or obligations citizens are subject to registration with the Ministry of Justice of the Russian Federation in the manner established for the registration of regulatory legal acts of federal ministries and departments.

The Ministry of Justice of the Russian Federation in "Explanations on the application of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration", approved by Order No. 42 of April 17, 1998, emphasizes that from the date of entry into force of Decree of the Government of the Russian Federation N 1009, NLA of federal executive bodies are issued only in the form of resolutions, orders, orders, rules, instructions and regulations. Acts issued in a different form (for example, instructions) should not be of a normative legal nature.

Non-normative acts are issued in a variety of forms. However, you should pay attention to the following. According to the established situation, if acts are issued in the form of laws, rules, instructions, regulations, then they are normative. However, there are exceptions to this rule. So, in 1994 - 1996. non-normative acts were adopted in a form traditionally inherent only in normative acts, namely: 9 laws were adopted regulating material support and medical care for individual families of the deceased deputies. These laws are individually - legal acts and are not of a normative nature, since they are personified. Legal theory has a negative attitude towards the practice of issuing such acts in the form of laws.

2. Information of an individual legal nature,
of legal significance

This type of legal information differs from official legal information in that it does not come from authorized state bodies, but from various subjects of law that do not have power powers - citizens, organizations.

Legal information of an individual legal nature that has legal significance can be divided into:

• - contracts (transactions);
• - Complaints, statements giving rise to legal consequences.

Common features of these acts:

• - are individually legal in nature;
• - aimed at creating (changing, terminating) specific legal relations.

A specific supply contract is concluded between two specific organizations, entails certain legal consequences - establishes the rights and obligations of the parties to the contract, terminates after the terms of the contract are fulfilled. A lawsuit filed by a specific citizen against a specific organization on a specific occasion also gives rise to certain legal consequences.

3. Informal legal information

Unofficial legal information, which is materials and information about legislation and the practice of its application, differs from official legal information and legal information of legal significance, primarily in that it does not entail legal consequences. It can be divided into the following groups:

• - materials for the preparation, discussion and adoption of laws and other regulatory legal acts;
• - materials for accounting and systematization of legislation (file indexes of accounting for normative legal acts, preliminary materials for the preparation of meetings and codes of laws, unofficial collections of normative legal acts, etc.);
• - statistical materials on legal issues (statistical data on the state of crime, offenses, etc.);
• - samples of business papers;
• - comments on legislation;
• - scientific, scientific - popular, educational and other works on legislation.

Unofficial legal information, while not being normative and generating legal consequences, is nevertheless important for the effective implementation of the rule of law. Thus, the opinions of well-known scientists commenting on and explaining the legislation are of interest both to specialists and to the general public and are used in the implementation and application of legal norms.

• The subject and methodology of the theory of state and law
  • The subject of the theory of state and law
  • Methodology (methods) of the theory of state and law
  • The place of the theory of state and law in the system of humanities and legal sciences
• Origin of state and law
  • Characteristics of power in primitive society
  • Social norms of primitive society and methods of social regulation
  • State origin
• The concept and features of the state
  • The concept, features and essence of the state
  • State power, its properties and forms of implementation
• Theories of the origin of the state
  • The variety of theories of the origin of the state
  • General characteristics of the main theories of the origin of the state
• State typology
  • The concept of the type of state, typology criteria
  • Formational approach to the typology of the state
  • Civilizational approach to the typology of the state
  • Advantages and disadvantages of formational and civilizational approaches in the typology of the state
• State functions
  • The concept of state functions, their features and content
  • Classification of the functions of the Russian state
  • Forms of implementation of the functions of the state
• State shape
  • The concept of the form of the state and its main elements
  • Form of government, classification
  • Form of government
  • State political regime
• State mechanism
  • The concept of the mechanism of the state
  • The structure of the state mechanism
  • State body - the main element of the state mechanism
• State in the political system of society
  • Political system: concept, main features, types
  • Basic elements of the political system
• Rule of Law and Civil Society
  • Correlation between civil society and the rule of law
  • Personality, law and state
• The concept, features, essence and content of law
  • The concept and main features of law
  • Essence and content of law
• Major Schools of Law
  • Natural law concept. Historical School of Law. Normativist theory of law
  • Marxist theory of law. Psychological theory of law. Sociological theory of law
• Law in the system of social norms
  • Social norms: concept and types
  • Law, morality, customs and religious norms
  • Law, corporate and technical regulations
• Principles and functions of law
  • The concept, essence and classification of the principles of law
  • The concept, features and characteristics of the functions of law
• Legal consciousness, legal culture, legal consciousness
  • The concept, structure, functions and types of legal consciousness
  • The concept, structure, functions and types of legal culture
  • Legal education: concept, forms and methods
• Law
  • The concept, features and structure of the rule of law
  • Classification of legal norms
  • Ways of presenting a legal norm in the articles of a normative legal act
• Forms (sources) of law
  • The concept of the form (source) of law
  • legal custom
  • legal precedent
  • Regulatory act
  • Normative contract and other sources of law
  • The effect of normative legal acts in time, space and circle of persons
• Lawmaking
  • The concept, principles and types of lawmaking
  • Stages and stages of the legislative process
  • Legislative technique
• The system of law and the system of legislation
  • The concept and structural elements of the system of law
  • Grounds for dividing law into branches
  • Branches and institutions of law
  • Domestic and international law
  • Correlation between the system of law and the system of legislation
  • Systematization of normative legal acts
• Legal relations
  • Legal relations: concept, signs, dynamics
  • Structure and content of the legal relationship
  • Classification of legal relations
  • Legal facts and their classification
• Implementation of the rule of law
  • Realization of law: concept and forms
  • Application as a special form of realization of the right
  • Stages of application of law
  • Acts of application of legal norms
• Interpretation of the law
  • The concept of interpretation of the rules of law
  • Ways (types) of interpretation of legal norms
  • Types of interpretation by subjects
  • Types of interpretation by volume
• Collisions and gaps in law
  • The concept of legal conflicts, their types and methods of elimination
  • The concept of gaps in law and ways to eliminate them
• Lawful conduct and wrongdoing
  • The concept and characteristics of lawful behavior
  • Classification of lawful behavior
  • The concept, signs and composition of the offense
  • Types of offenses
• Legal liability
  • The concept, features, grounds for legal liability
  • Functions of legal liability
  • Principles of legal responsibility
  • Circumstances excluding legal liability. Grounds for exemption from liability
  • Types of legal liability
• Law, law and order, public order
  • The concept and principles of legality
  • The content of legality
  • Concept, signs, structure of law and order
  • Content, form, functions and principles of law and order
  • Correlation of law and order, public order, legality
• Legal regulation and its mechanism
  • The concept and limits of legal influence and regulation
  • Legal regulation mechanism: concept and elements
  • Methods, types and regimes of legal regulation
• Legal systems of modern times
  • The concept and structure of the legal system, the classification of legal systems
  • Anglo-Saxon legal family (common law)
  • Romano-Germanic legal family (Continental law)
  • Legal families of religious and customary law

Regulatory act

This is a legal act containing the rules of law and aimed at regulating certain social relations; it is a written document created as a result of the law-making activity of the competent state bodies or the whole people to establish or recognize the rules of law, introducing, changing or repealing rules of a general nature. M.N. Marchenko notes that all normative legal acts are state in nature, their system is determined by the constitution, they contain general prescriptions, unlike law enforcement acts, each state has its own hierarchy, i.e. "system of location, subordination of normative legal acts".

The features of this source of law are as follows:

• it is an act of a normative nature (contains normative prescriptions);
• it is a legal act (contains only rules of law, in contrast to acts of normative content, for example, instructions on the rules for operating equipment);
• this is an act created as a result of the law-making activities of the state or at a referendum (legislative procedure providing for the passage of a bill in parliament, conciliation procedures, “reading laws”, promulgation, etc.);
• this is an act that is generally binding (designed for an indefinite circle of persons who are obliged to follow the instructions of this act);
• this is an act drawn up in the form of an official state document (with the observance of the necessary details and an indication of the procedure for its entry into force);
• this is an act in which the rules of law are grouped according to certain structural formations (articles, chapters, sections, etc.).

A normative legal act is the most common source of law, especially for the countries of the Romano-Germanic (continental) system of law. It consolidates the majority of socially significant norms that regulate the most important social relations. Other sources of law do not have general regulatory significance. Articles of normative legal acts clearly formulate the prescribed rules of conduct. Unlike a normative legal act, legal precedents are casuistic in nature, and legal customs are indefinite. Normative legal acts may be subject to rapid changes compared to other acts.

The system of legislation of any state is characterized primarily by the division into laws and by-laws (according to legal force). The grounds for dividing normative acts into types are: legal force, nature and scope of action, content, subjects of publication, etc. The legal force of normative legal acts is the most significant feature of their classification. Acts of higher law-making bodies have greater legal force than acts of lower bodies.

The sources of law of the Russian Federation can be generally represented by the following system:

• the Constitution of the Russian Federation;
• generally recognized principles and norms of international law and international treaties;
• federal constitutional laws;
• federal laws (codified and current);
• decrees and orders of the President of the Russian Federation;
• resolutions, orders and conclusions of the Government of the Russian Federation;
• acts of the chambers of the Federal Assembly of the Russian Federation (decrees, regulations);
• departmental acts (federal ministries, federal services and federal agencies issuing orders, instructions);
• acts of state bodies of subjects of the Russian Federation; acts of local governments.

A law is a normative legal act adopted in a special manner and having the highest legal force, expressing the state will on the main issues of public life. The law contains legal norms and is the main source of law.

The law is adopted only by the highest representative body or by referendum, has the highest legal force and supremacy in relation to other sources of law, reflects the will and interests of the whole society, is published on the most important issues of state and public life, is adopted, amended and supplemented in a special legislative order. In some states, laws can be adopted not only by representative bodies, but also by the highest judicial instances, in the order of delegated lawmaking, in referendums. Laws are adopted on significant issues of public life, in a special legislative order, they form the core of the entire legal system of the state, determining the structure of the entire set of normative legal acts of the country.

No sub-legislative act can interfere with the sphere of legislative regulation. Thus, the primacy of laws, their supreme legal force and a special procedure for adoption are their most essential features. Only the body that adopted it has the right to amend or repeal the law.

The classification of laws can be as follows:

• on legal force(constitution, federal constitutional and federal laws);
• by scope (federal and subjects of the federation);
• on subjects of lawmaking(adopted by referendum or by public authorities);
• on industry affiliation(constitutional, administrative, civil, etc.);
• according to the external form of expression (constitution, code, law, charter);
• by duration (permanent and temporary);
• by a circle of persons (extending their action to foreigners, citizens, stateless persons, persons of certain professions, etc.);
• by the time of entry into force (immediately or from the date specified in the law).

At the same time, it is necessary to take into account that constitutional laws, defining the legal foundations and the constitutional structure of the entire state, are of a constituent and primary nature, they have the highest legal force in relation to other laws and other acts, they are the normative basis (base) of all current legislation. The law of laws, the fundamental basis of normative regulation is the Constitution. Constitutional laws are a direct continuation of the Constitution, detailing its norms. Ordinary laws may be codified or current. These may include laws of a general, special or emergency nature.

Subordinate normative legal acts are issued within the competence of the executive body of state power, they should not contradict the law, but can concretize, develop, supplement it. By-laws have less legal force than laws, they are based on the legal force of laws.

According to the subjects of publication and the scope of distribution, they are divided into general, local, departmental, intraorganizational.

1. General By-Laws- these are normative legal acts of bodies of general competence, the effect of which applies to all persons of a certain state. These include rule-making instructions of the highest executive authorities (decrees and orders of the President of Russia as acts of initial law-making, decisions and orders of the Government of the Russian Federation, which are of a normative nature).

2. Departmental by-laws normative legal acts are adopted on the basis of the laws of the Russian Federation, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. In accordance with them, they regulate relations that are under the jurisdiction of a certain executive structure. But among them there are acts of a significant scope (acts of the Ministry of Finance, the Ministry of Internal Affairs, the Federal Tax Service, etc.).

3. Local (regional) by-laws normative legal acts These are acts of local executive authorities. They are issued by territorial bodies of state power and administration (regulatory decisions or decrees of the governments of the subjects, etc.).

4. Intraorganizational subordinate regulatory legal acts have another name - local acts. These are regulatory legal acts issued by various organizations to regulate their internal issues and apply to members of these organizations (various charters and regulations, rules, collective agreements and other acts of commercial and non-profit organizations).

Depending on the level of bodies that adopt by-laws, the following hierarchy is distinguished: decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, acts of federal executive authorities (decrees, orders, orders, instructions, regulations, rules), acts of the head of the subject, acts governments of the constituent entities of the Russian Federation (decrees and orders), acts of municipal executive authorities, local regulations, etc.

Local regulatory legal acts (LNA) are adopted in fairly wide areas of public activity (charters, regulations, instructions, etc.). They have acquired particular importance in organizations regulating relations between the employer and employees. In market economic relations, collective agreements, agreements on labor protection and other acts of joint rule-making acquire great regulatory significance. Local regulations also include orders of the employer and the administration of organizations adopted within their competence.

Local normative legal acts belong to the category of subordinate sources of law, which are at the lowest level of legal regulation. They have a limited scope and must not be contrary to laws and other by-laws.

This is a document of a legal orientation, adopted by the authorities competent in the issues that it is intended to resolve, each of its types is characterized by its own special procedure for creating. Acts are recorded on paper in the form of documents, established samples with characteristic details.

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A normative act, as a norm-forming document, is called a source of law; in fact, it is a “repository” of legal norms. It should be determined that the rule of law is a written and documented rule that is mandatory for implementation and observance by every member of civil society.

This is a "brick" in the wall of any legal system. The state is the guarantor of their observance. If they are violated, civil or even criminal liability arises, also enshrined in special rules.

Normative acts have a number of characteristic features by which they can be distinguished from any other document. We list:

1. Published by authorized state bodies, local authorities, officials.
2. They are created and issued in a special order, which differs at different levels of acceptance of documents, depends on which authority they are developed by. It is possible to distinguish the main stages common to all, until the moment of official publication, it goes through several stages: project preparation, adoption, signing, state registration.
3. The norms prescribed in them are focused exclusively on everyone, they are constantly in force, they are applied repeatedly until the acts are canceled or changes are made to them, due to which the norms become inoperative.

Normative legal act - legislative wording. The same concept is used in many sources of legal literature. Lawyers often use a more abbreviated version of "legal". There is another term - "legal act". What is the meaning of such diversity, and is there a difference between them?

"Regulatory" and "legal" are not the same

"Regulatory act", as a concept, is somewhat narrower than the definition of "legal". The latter include all documents of a legal nature, whether adopted by state and municipal authorities, or official documentation of legal entities: contracts, regulations, orders, decisions and protocols.

Legal theorists divide legal acts into groups:

1. Normative legal.
2. Not having a normative character, that is, not containing norms. Non-normative include, first of all, individual or, in other words, acts of application of law.

Both groups are legal in nature, but at the same time there are differences between them, which are as follows:

1. The first group contains rules of conduct (rules of law), the second does not, but it carries individual instructions and prescriptions.
2. Regulatory-legal ones are applied many times, individual - once, their action is terminated after the end of the relationship, the performance of the prescribed actions.
3. The former are addressed to an indefinite circle of individuals and legal entities, as a result of which they cover almost all social relations, the latter are issued for each specific case or person individually (hence the other name “individual act”), and expire after the expected events.
4. And, probably, the main difference: non-normative acts are issued in order to apply and comply with legal regulations.

Individual ones include: a verdict or a court decision, an order for employment or dismissal, a decision of a meeting of owners of an apartment building. All of them are based on the rules of law and published for their implementation.

Types of acts

Along with normative-legal and non-normative, one more type of legal acts should be distinguished - explanatory and interpretive norms. They are aimed at explaining the meaning of the adopted document, the norms contained in it, and determine the operation of the rules established earlier.

Normative legal acts are decisive in public life and legal relations, so we will dwell on them in more detail.

In the lawmaking system, there is a division into such types as:

1. Laws.
2. Regulations.

It is based on their legal force, which directly depends on the position and competence of the publisher in the general hierarchy of government agencies.

For example, documents adopted at the lower level of government (municipalities) have the least power. The largest is in federal constitutional laws.

The platform for a particular sub-legislative act is a specific law, the level of which is higher, and the force, accordingly, is greater. Let's give an example: presidential decrees, government decrees, ministerial orders. It must be remembered that such documents will be classified as by-laws only if they contain the same “bricks” that were mentioned above.

There are also general and special acts. Under the action of the general, all persons are subject, and the special - for one or more categories.

Law and act: correlation of terms

The terms "law" and "act" are related to each other quite simply. Lawyers are of the opinion that a law is an act. More precisely, it is a normative act endowed with the highest legal force, for the adoption of which a special procedure has been established.

In everyday life, and in legal bibliography as well, most often the term "law" is used in relation to any document that contains norms, prescriptions, instructions. Sometimes this term is substituted for the concept of "legislation" in general. In principle, there should be no misunderstanding here, since it usually follows from the context that the whole legal framework is meant.

Systematization and levels

The set of normative acts is a rather complex, multi-stage subordinated system. Its classification, based on various characteristics, completely covers and structures the legislation.

Systematization takes place according to the following criteria:

1. According to the subjects of lawmaking. The subjects include citizens (popular voting is one of the ways in which laws are adopted), state authorities of the Russian Federation, constituent entities of the Russian Federation and local authorities.
2. By time: temporary and prolonged action.
3. In terms of legal force, this has already been mentioned - these are laws and by-laws;

It is according to the last criterion that the following levels are distinguished:

1. Federal. This is the highest level of state power. At this level, the State Duma is working on federal constitutional, federal laws, developing regulatory documentation for the President of Russia and the Government;
2. Regional. At this stage, legislative acts are the prerogative of the subjects of the Federation. Charters, laws of representative bodies, gubernatorial decrees, decrees of the presidents of the republics within the Federation, resolutions of the executive bodies of the subjects are being created;
3. Local. This is the level of lawmaking of municipalities.

The following varieties are worth considering in more detail:

1. federal laws regulate all areas of socio-economic relations, or as lawyers say, all branches of law. They are called current or regular. First of all, they include codes: civil, land, tax, housing, criminal and many others, which are complexly structured documents covering all fundamental industry norms.
2. Municipal legal acts − local documents adopted by urban, rural or settlement formations. They are issued by councils, administrations or heads of municipalities, and they differ in that their execution is obligatory only for the inhabitants of this district and does not go beyond the local territory.
3. local regulations, are not included in the group of normative legal acts, rather they can be attributed to legal acts in general. They are developed by legal entities to formalize the provisions of codes and legislative novels. They are prepared in the form of regulations, charters, orders and other internal documents that employers and employees are guided by in their professional activities.

Western and Eastern Legislative Traditions

The history of law distinguishes between two well-established legislative approaches: Western and Eastern. What is the difference?

In the eastern and western traditions, the place and significance of legal acts in the life of the country and society are defined differently. The universally recognized defining force and supreme law in the West is the Constitution. Then, according to the principles of subordination and mutual complementarity, the acts follow the steps of the legal system below. Civil law society is daily guided by a legislatively fixed norm.

However, in the countries of the eastern region, an important cell in the legal system is occupied by traditions and customs, which often have religious overtones. Moral foundations and patterns of behavior, tested by generations, can replace norms.

The main problems of the Russian system of law

In the process of its formation, the Russian legal system was influenced to a greater extent by Western law than by Eastern law. Russia has always been characterized by low legal literacy of citizens, their "detachment" from the law. Citizens seem to live within the framework of the law, but on occasion they become unprotected, due to ignorance of their rights and obligations.

Of course, the problems of law should be discussed in a separate article, since each industry has its shortcomings.

But, if we consider the system of legislation of the Russian Federation in general, a number of problems can be identified:

1. spaces. Society and the state are always in the process of development, sometimes it happens that some relationships and obligations remain unsettled.
2. No single interpretation. Regulatory documents in the absence of official clarifications allow the existence of several opinions on the same issue.
3. There are no unified principles according to which normative acts should come into force, There are no general rules for setting publication dates.

Lawmaking

It is a creative activity for the preparation and implementation of legal acts.

There are four steps (stages) in the legislative process, each of which is characterized by a certain set of actions and rules:

1. Legislative initiative submits for consideration bills or amendments to them, proposals on the need to amend existing provisions.
2. Bills are considered by committees of the chambers of the Federal Assembly of the Russian Federation, such consideration is called preliminary.
3. Direct discussion in the State Duma. Usually there are three readings.
4. The final stage of lawmaking: the adoption or rejection of the bill.

Legal technique as part of the legal system

Legal technique is a toolkit of the legislative process. This is a certain set of rules, means, methods by which the meaning of the normative documentation is expressed. Legal documents are distinguished by the presence of special terminology, a special linguistic and syntactic construction of sentences, but at the same time they must “speak” in a language accessible to people.

The technique is designed to streamline and structure the texts so that the entire legislative framework exists in a single style. Currently, it has become an independent industry, the study of which takes place along with others and allows you to master practical skills for the competent execution of legal documentation.

How laws work

The value and significance of the law are revealed only in the process of its work. It is not enough to release, it is still necessary to determine its scope.

Firstly, they are not always mandatory. The moment from which it becomes necessary to comply with the law, and liability arises for non-fulfillment, is the time of its entry into force. Its obligation lasts until cancellation or termination.

Secondly, separate laws related to a subspecies of special regulations work for certain categories of people, for example, medical workers, military personnel, large families. According to the principle of territoriality, they apply to residents of the country or temporarily staying foreign citizens who are here during their validity.

The work on the preparation of legal acts is a significant and reasonable activity of the state, and they themselves, in any of their versions, are a necessary regulator of social, political, economic and interpersonal relations.

Consider the types of regulatory legal acts of the Russian Federation in more detail.

1. Constitution (Basic Law) of the Russian Federation adopted on December 12, 1993, is the basis of all Russian legislation. The highest normative legal act that has the highest legal force, supremacy and direct effect throughout the country. She must match all laws and other legal acts adopted in the Russian Federation(Article 15 of the Constitution of the Russian Federation).

The Constitution of the Russian Federation defines the Russian Federation as a democratic federal state with a republican form of government.

Its supremacy in the system of normative acts of the Russian state is defined as follows: 1). The constitution was adopted by referendum as a result of the free will of the entire people; 2). The Constitution establishes the basic principles, principles, norms of the social and state system; 3). The Constitution contains a list of fundamental rights and freedoms of man and citizen; four). The Constitution fixes the structure and competence of the highest bodies of state power and administration; 5). The constitution is adopted, changed as a result of compliance with a complicated law-making procedure; 6). The Constitution establishes the system of election and powers of the President of Russia; 7). The Constitution establishes the system of judicial and executive power, the starting norms of local self-government.

Its purpose is to ensure the observance of the rights and freedoms of citizens, the stability of the state system, the economic and social development of the country, and its international relations. Therefore, the requirement to comply with the Constitution of the Russian Federation is equally necessary both for Russia as a whole and for individual subjects of the Federation and municipalities.

The text of the Constitution of the Russian Federation consists of 137 articles, contains norms relating to various branches of law.

The main provisions of the Constitution of the Russian Federation (Ch. 1, 2 and 9 of the Constitution of the Russian Federation) can only be revised in a special procedure for convening the Constitutional Assembly, with the development of a draft new Constitution of the Russian Federation, subject to approval in a special manner by the Constitutional Assembly or submission to a popular vote (Article 135 of the Constitution RF).

Amendments to other chapters of the Constitution of the Russian Federation are also adopted in a special manner (Article 136 of the Constitution of the Russian Federation).

2. federal laws Russian Federation- they also have supremacy throughout its territory, have the highest legal force in relation to other normative acts (except for the Constitution of the Russian Federation) issued in the Russian Federation on issues related to the subjects of its jurisdiction and the joint jurisdiction of the Federation, and its subjects (Articles 71-72 Constitution of the Russian Federation) and its subjects.

Federal laws are adopted in the Russian Federation by the State Duma, after which they are submitted to the Federation Council for approval. A law is considered approved if more than half of the total number of members of this chamber voted for it, or if it was not considered by the Federation Council within fourteen days. The role of the President of the Russian Federation in the adoption of laws (along with the right of legislative initiative) is to sign it within fourteen days and promulgate it.

Is a special group of federal laws - constitutional laws that are adopted on issues of the Constitution of the Russian Federation and distinguished by a special procedure for adoption - required? votes of the total number of members of the Federation Council and 2/3 of the votes of the total number of members of the Duma. In contrast to this, for example, such an important law as the Civil Code of the Russian Federation was adopted by a simple majority of votes.

The law of June 14, 1994 recognizes as the date of adoption of the federal law the day when it was approved by the State Duma in the final version, and the federal constitutional law - the day of its approval by the chambers of the Federal Assembly in the manner prescribed by the Constitution of the Russian Federation.

Federal laws cannot contradict federal constitutional laws, since the latter have a higher legal force (Part 3, Article 76 of the Constitution of the Russian Federation).

In accordance with the Constitution of the Russian Federation, the subjects of the Federation (republics, territories, regions, autonomous regions, autonomous regions and cities of federal significance) exercise their own legal regulation, including the adoption of laws, on issues within their jurisdiction. In the event of a conflict between a federal law issued in accordance with Part.Ch. 1.2 Art. 76 of the Constitution of the Russian Federation, and another act issued in the Russian Federation, a federal law is in force (part 5 of article 76 of the Constitution of the Russian Federation). Such laws cannot contradict federal law. This manifests the principle of unity of legal regulation and the legal regime on the territory of the entire state.

Laws also have direct effect on the territory of Russia (part 1 of article 76 of the Constitution of the Russian Federation). On subjects of joint jurisdiction, federal laws are issued together with laws and other acts of the subjects of the Federation, adopted in accordance with federal laws (Part 2, Article 76 of the Constitution of the Russian Federation).

Federal constitutional laws are adopted on issues expressly provided for by the Constitution of the Russian Federation. These include laws on a referendum (paragraph “c” of Article 84 of the Constitution of the Russian Federation); on the introduction of a regime of martial law or a state of emergency (Part 3, Articles 87 and 88 of the Constitution of the Russian Federation); on the procedure for the activities of the Government of the Russian Federation (part 2 of article 114 of the Constitution of the Russian Federation) and other laws.

Legal regulation in the Russian Federation is not limited to laws alone. Corresponding relations are regulated by acts of the President, the Government, as well as ministries and other federal authorities, that is, by-laws.

3. Decrees of the President of the Russian Federation - are issued by the President on a wide range of powers of the head of state provided for by the Constitution (Chapter 4 of the Constitution of the Russian Federation).

Unlike laws, presidential decrees can be both normative and individual legal acts. The latter include, for example, decrees on awarding citizens with orders and medals, on the appointment and dismissal of senior officials, on conferring military ranks, and on admission to Russian citizenship.

Decrees of the President should be distinguished from his orders, which are not of a normative nature

Decrees of the President of the Russian Federation are binding on the entire territory of the Russian Federation (Part 2, Article 90 of the Constitution of the Russian Federation). This is the basis for the binding nature of presidential decrees issued within the limits of his competence and the subjects of jurisdiction and powers of the Russian Federation, in relation to the actions and acts of the bodies of the constituent entities of the Russian Federation. Compared to laws, decrees are adopted relatively quickly and come into force.

In the event of disagreements between the federal state authorities and the state authorities of the constituent entities of the Federation, the President may use conciliation procedures to resolve disagreements, and if an agreed decision is not reached, refer the dispute to the appropriate court (Part 1, Article 85 of the Constitution of the Russian Federation).

As for the federal executive bodies and the Presidential Administration, by virtue of the powers of the head of state, the decrees of the President are binding on all these bodies and officials “in a straight vertical line”.

Decrees of the President of Russia must contradict the Constitution of the Russian Federation and federal laws (part 3 of article 90 of the Constitution of the Russian Federation). In the event of a contradiction between the decree of the President of the Constitution and the laws of Russia, on the basis of the conclusion of the Constitutional Court of the Russian Federation, the decree becomes invalid.

This provision sometimes gives grounds for concluding that presidential decrees are unconditionally classified as subordinate acts. However, at the same time, they forget about the principle of separation of powers and the powers of the President as the guarantor of the Constitution of Russia, the rights and freedoms of man and citizen, who takes measures to ensure the independence and integrity of the state, the coordinated functioning and interaction of state authorities (part 2 of article 80 of the Constitution of the Russian Federation ).

The President of the Russian Federation is authorized to take such measures not only “on the basis of laws” (the main formula of the by-law nature of the act), but also in lack of law. And such a situation, unfortunately, at the present time of the transitional, unstable development of the country occurs repeatedly. So, for example, the situation is with the implementation of the right of private property of citizens to land, provided for in Art. 9 and part 1 of Art. 36 of the Constitution of the Russian Federation, the implementation of the second stage of paid privatization and even the adoption of laws on martial law.

Is it possible, say, to expect that the President will turn to the Federal Assembly with a proposal to introduce martial law without taking independent measures to repel aggression against even the smallest and most remote region of Russia? It is unlikely that this follows from the Constitution of Russia. On the contrary, Art. 80 of the Constitution of the Russian Federation directly authorizes the President to act independently in such a case.

The situation is similar with ensuring the rights of citizens, the common economic space and the free movement of goods and services, etc.

The President is obliged in such cases to take regulatory and legal measures to ensure the norms of the Constitution until the adoption of federal laws. In the annual messages of the President to the Federal Assembly, attention has been drawn to this more than once. In the context of the country's still unstable development, such a practice seems to be simply necessary. This possibility follows from the formula - "decrees. Must not contradict the Constitution and laws."

In modern developed states, civilized provisions on “delegated legislation” expressly provided for by the constitutions have been adopted, authorizing the president or government of the country to adopt legislative acts in the manner prescribed by the constitution (see, for example, the Constitutions of Spain, France, Italy). Unfortunately, in Russia the old attitude towards “delegated legislation”, stemming from the “omnipotence” of the legislature, remains, while many states have recognized the rationality and necessity of this practice.

The next type of by-laws in terms of legal force are decrees of the Government of the Russian Federation.

4. Decree of the Government of the Russian Federation. According to V.M. Raw, annually the Government adopts more than 1000 normative acts on various issues. Approximately every third federal law contains an instruction to the Government to develop certain normative acts “in its own execution”.

The Government of the Russian Federation exercises executive power in the country, adopts resolutions and issues orders. Decisions of a normative nature or of the most important significance are issued in the form of decrees. Decisions on current and operational issues are issued in the form of orders (Article 115 of the Constitution of the Russian Federation). A feature of acts of the Government is that they can be adopted only on the basis of and in pursuance of the Constitution of the Russian Federation, laws of the Russian Federation, as well as decrees of the President of the Russian Federation, and can be canceled by the President if they contradict the Constitution of the Russian Federation, federal laws and decrees of the President (Art. 115 of the Constitution of the Russian Federation).

From this constitutional formula directly follows the rule of law and even "mandate" of the resolutions of the Government of the Russian Federation.

The execution of resolutions of the Government of the Russian Federation is ensured within the limits of the jurisdiction and powers of the Russian Federation and the joint jurisdiction of the Federation with its constituent entities. Within these limits, “the executive authorities of the subjects of the Federation form a single system of executive power in the Russian Federation” (Part 2, Article 77 of the Constitution of the Russian Federation). Therefore, there are no legal conflicts that are not provided for by the Constitution of Russia. Practical inconsistencies and disputes, of course, take place, but they are quite resolvable within the framework of interaction between the authorities of the Russian Federation and its subjects on the basis of existing laws.

5. Normative-legal acts of ministries and other federal executive bodies (departments). Their peculiarity lies in the fact that ministries and departments (departments include: state committee, committee, federal service, Russian agency, federal inspection) can issue orders and instructions containing the rule of law, in cases and within the limits provided for by the laws of the Russian Federation, decrees of the President , government decrees.

The acts of this group are very numerous and varied. These include orders and instructions, resolutions, regulations, letters, charters, etc. All of them are issued to implement the functions of public administration in various spheres of public life and are mandatory for all organizations, institutions, and officials subordinate to ministries and departments.

Normative acts of ministries and departments are inferior to decrees of the President and resolutions of the Government in terms of legal force. Most of the acts of ministries and departments are acts of internal action, i.e. regulate only the structure and procedure for the functioning of the relevant department and are binding only on employees of this department. Some ministries and departments may issue acts of external action that are also binding on citizens and organizations that are not subordinate to this department (for example, acts of the Ministry of Internal Affairs, the Central Bank of the Russian Federation, the Ministry of Finance of the Ministry of Transport, sanitary and epidemiological supervision, the tax service and many other bodies. ).

The publication of such “departmental” acts, as they are often called, is provided for by the Federal Constitutional Law “On the Government of the Russian Federation”, regulations on ministries and other federal executive bodies.

Normative acts of ministries and departments regulating the rights and freedoms of citizens, as well as acts of an interdepartmental nature, are subject to mandatory registration with the Ministry of Justice of the Russian Federation. Acts that have not passed such registration do not enter into force and do not entail legal consequences. Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not published (part 3 of article 15 of the Constitution).

Registration with the Ministry of Justice of the Russian Federation is necessary to verify the legality of the rule-making decision of the ministry or department: it is checked whether this act infringes on the rights and freedoms of citizens, whether they are assigned additional duties not provided for by the legislation of the Russian Federation.

Normative acts of ministries and departments cannot be referred to the courts when resolving disputes.

In the Russian Federation, the right to issue by-laws is also vested in the executive bodies of the constituent entities of the Federation, as well as local governments.

6. Normative-legal acts of subjects of the Russian Federation and local self-government. local acts. The bodies of power and administration of the constituent entities of the Federation, solving the tasks that confront them, and in accordance with their competence, make decisions, expressing them in regulatory legal acts. The normative-legal acts issued by them apply only to the territories of the respective regions. They are adopted in accordance with the current federal laws and cannot contradict them.

Normative legal acts of local self-government are an independent system, independent of state authorities, but subordinate to the Constitution and laws of the Russian Federation and the subjects of the Federation. These acts are issued by municipalities, councils and elders of self-governing territories - urban and rural settlements, as well as directly by the population itself. Normative legal acts include resolutions of the heads of municipalities, districts, cities, villages and settlements, special territories, closed cities and settlements.

Acts of municipal bodies and heads of administrations, settlement and rural gatherings (meetings) of citizens establish mandatory norms rights for the population of self-governing territories, institutions and organizations operating within these territories.

In accordance with the Constitution of the Russian Federation, certain powers of state bodies can be transferred to local governments, provided that material and financial resources are transferred together with them from the budget of the city, district (Article 132 of the Constitution of the Russian Federation). Acts of local governments establish the status of the municipal territory and its bodies, the procedure for managing municipal property, taxes and fees, rules of public order and other norms of local significance

The execution of acts of local self-government bodies is ensured by measures of administrative influence and is protected in court.

In legal theory local regulations also called legal documents containing the rules of law adopted by the subjects of management at the enterprise, in the organization, etc. Territorial and regional administrations of subjects of the Federation have the right to adopt resolutions, orders, and orders. The head of the administration may issue resolutions and orders on issues within his competence.

There are also local acts of state and non-state institutions and organizations of various forms of ownership. Organizations create various legal acts: orders issued by the head of the organization, charters and regulations on the basis of which they carry out their activities.

Such acts constitute the lower level of subordinate legal acts and in most cases, in order to acquire legal force, they must be registered with the relevant municipal authority (for example, the charter of a limited liability company).

Currently, there are known discrepancies between federal laws and the laws of the subjects of the Federation. There are also mutual claims and disagreements between the parties. However, they are gradually overcome in the process of concluding agreements between the Federation and its subjects, and in some cases - by decisions of the Constitutional Court of the Russian Federation.

Along with the laws of the subjects of the Federation, the presidents of the republics, governors, heads of administrations of territories, regions, autonomous districts and the autonomous region, mayors of cities of federal significance, as well as governments, departments and other executive bodies of the subjects of the Federation, issue decrees, resolutions, orders and instructions in accordance with their powers defined by constitutions, charters. These acts are adopted on the basis of the powers of each of the bodies, in accordance with the constitutions, charters and laws of the subject of the Federation, as well as in accordance with the federal Constitution and laws.

In accordance with the Constitution of the Russian Federation and the laws of the Federation and its subjects, various institutions, enterprises, public and economic associations, including commercial organizations, are formed at the state and public level. Each institution, enterprise or organization has its charter, regulation or other constituent document, internal regulations for employees and administration, rules for the participation of members of this organization in managing its activities, rules for accounting for economic and financial activities, rules for relationships with customers, etc.

All such rules, if they are established by the organization itself, its bodies on the basis of laws and other acts of state bodies, are called corporate acts and norms relevant to the internal activities of an institution, enterprise, joint-stock company or other commercial organization. They determine the internal work schedule, the rights and obligations of members or the labor collective, and the management procedure.

Typical examples today can be the charters and rules for the internal organization of a joint-stock company, a non-profit foundation, a public organization, a state institution.

All these acts are subject to registration or approval by state or corporate bodies (for public organizations, including trade unions). Their action has a legal significance, which has increased significantly in the modern conditions of free education and the activities of public and commercial organizations.

Public relations can be regulated and such sources of law as a contract and a custom sanctioned by the state.

7. Normative contract. Agreement - an effective legal tool to determine the rights and obligations, the rules of relations between citizens and legal entities. It is of great importance in relations between states. However, the contract is no less important as one of the main sources of law in the field of commercial relations and property turnover.

Normative contract - an agreement with the participation of authorized state bodies, containing legal norms. Mandatory for a large number of formally undefined circles of people, designed for repeated use.

From a legal point of view, a contract, as a rule, is an agreement between two or more persons to establish, change or terminate civil rights and obligations. The content of the contract is therefore mutually established legal rights and obligations. The agreement is concluded on the following principles:

• 1) equality;
• 2) autonomy (independence) of the parties;
• 3) property liability for breach of obligation.

Signs of a regulatory agreement:

• - legal framework - complements and specifies the current legislation, the higher the position in the management hierarchy is occupied by the participating state body, the higher the legal force of the contract;
• - are in the public interest, the goal is to achieve the common good;
• - contains rules governing the behavior of not only direct participants in the contract, but also other subjects;
• - uncertainty, multiplicity of addressees;
• - designed for long-term action and repeated use;
• - formalized system of conclusion;
• - change or refusal to perform unilaterally is unacceptable;
• - publicity, general availability - official publication, confidentiality is not applicable.

The peculiarity of the contract as a subordinate source of law lies in the fact that the parties can conclude both a contract provided for and not provided for by law or other legal acts. The main requirement for the form, content and subject of the contract is that it does not contradict the current legislation.

The terms of the contract must comply with the norms contained in the legislation. Otherwise, it may be declared invalid. At the same time, the legislator established the legal priority of the contract over the law adopted after the conclusion of the contract (clause 2, article 422 of the Civil Code of the Russian Federation).

8. Custom as a source of law.

legal custom- a generally recognized rule that has developed as a result of long-term application, which is not officially fixed in a regulatory legal act.

The peculiarity of the custom is that it is a rule of conduct that has become a habit. From a legal point of view, custom is an unwritten source of law, characterized by disorder, plurality and diversity.

A custom sanctioned by the state is a very rare form of law.

9. Precedent- a rule, a legal provision of a general nature, newly formulated in a court decision, to which universally binding significance is attached, serves as a standard when considering similar cases by courts. Published for general information in the official publications of the highest judicial bodies.

In society, everything is subject to rules: laws, acts, instructions and other normative legal acts.

We explain what regulatory legal acts are, how to draw them up and where to look for the current rules of your industry.

Why do you need

A regulatory legal act (NLA) establishes norms within a state. The Constitution of Russia, the laws within the subject of the country and the rules of the labor schedule in the organization - these are all regulatory legal acts.

One of the NPA collections edited by Rossiyskaya Gazeta. Photo walkasong.org

• It can only be in writing.
• Assumes multiple use.
• It is aimed at a certain circle of people, and not a specific person.
• It generates new legal relations, changes or cancels existing norms.

NPA are of indefinite long-term action and temporary action. In the first case, the adopted norm will be executed until it is canceled. In the second - it is used in predetermined terms. If the head of the department goes on a long business trip, he delegates authority to one of the employees. Then a NPA of temporary action is formed.

Regulatory legal acts are classified according to various criteria. For a better understanding, we put them in a diagram.

Level	Name of the entity that adopted the normative act	Type of normative act	Is it a piece of legislation?
International	International organizations	International acts ratified by the state	Not
Federal	People	Constitution of the Russian Federation	Yes
Federal	State Duma of the Russian Federation	Laws of the Russian Federation	Yes
Federal	President of the Russian Federation	Decrees	Yes
Federal	Government of the Russian Federation	Decrees	Yes
Federal	ministries	Instructions	Yes
Regional	Dumas (legislative assemblies)	Laws	Yes
Regional	Governors of regions, territories, presidents of republics	Decrees	Yes
Regional	Administrations of regions, territories,governments of the republics	Decrees	Yes
Local	Local governments	Solutions	Not
Local	Organizations	Corporate acts	Not

Requirements for regulatory legal acts

Each ABO goes through several checks. The law - through several readings in the State Duma, the decision of the enterprise - through the trade union of workers. So the participants in the process jointly legalize the future decision. There are three mandatory requirements for all adopted legal acts.

Reflection of objective reality.Authors of legal acts must understand that the adopted norm must be based on the implemented algorithm. In Russia, there is no department or competent body that monitors "dead" NLAs. Therefore, they are not punished. It is assumed that multilateral control during adoption insures against the dominance of unnecessary legal acts.

However, the problem exists. State Duma of Russia periodically devotes plenary sessions only to the technical cleansing of broken laws.

Smoking in the entrance is prohibited, but only a few are punished for this. Photo kp.by

Another example. It makes no sense to introduce a corporate legal act prohibiting smoking in the territory adjacent to the office. At a minimum, it is worth considering an alternative solution.

Structured.In Russia, there is no special law regulating the structure of legal acts. The last attempt to create such a document, the Ministry of Justice undertook in 2014, but the document did not even reach the State Duma.

Requirements for legal acts, as a rule, are established by line ministries. If a business decides to additionally regulate the rules of labor regulations, then they should look for the rules for creating legal acts in Labor Code of the Russian Federation.

The general practice in terms of structure is as follows:

1. Preamble. The objectives of the adoption of NLA are indicated.
2. Main part. In a broad sense, it is called a normative legal act. Codes of rules, instructions and regulations are located in this section.
3. Conclusion. Signatures of the receiving authorities and applications are placed here.

Accessibility for understanding.Federal laws are written in legal language, but a special analytical note goes out to the media. She translates from the "bureaucratic" into Russian the meaning of the adopted document. Ideally, each NLA should come with an explanation.

Employee Compensation Policy PJSC "Sberbank of Russia" .

Where to findnormative legal acts

According to the Constitution of the Russian Federation, normative legal acts come into force only after publication. No other way.

Government documents are published in Rossiyskaya Gazeta. They are listed in chronological order in special section of the site. On the same page, you can subscribe to the newsletter of new legal acts published in the latest issue of Rossiyskaya Gazeta. This makes it easier to keep track of important changes in legislation.

On the Internet, it is easy to find reference sites with a database of legal acts. They are intermediaries, so they publish updated information with a delay.

In theory, NPAs are easier to search on Official Internet portal of legal information. The site is fast, but its interface takes some getting used to. It is difficult to recommend it for everyday search.

The official Internet portal of legal information has been operating since 2005. Apparently, the structure has not fundamentally changed since then.

Since December 2017, the Ministry of Justice of Russia has launched a specialized legal portal Normative legal acts in the Russian Federation. The site is integrated into the state information system. If the agency has adopted a NLA, it is automatically published on the Legal Portal. This is the easiest way to get up-to-date information on regulatory legal acts of the federal, regional and municipal levels. The site is being tested and some sections do not work. The main thing is that the NPA bases are in perfect order.

Portal "Regulatory legal acts in the Russian Federation". Flexible search will help you find the right ABOs

Legislative acts are always adopted together with analytical reports, accompanying memos or industry reviews. They are located in Legislative activity support system . This is an internal resource of the State Duma, but useful to all entrepreneurs.

The Legislative Support System has a low entry threshold

Look for normative legal acts in official sources.

Remember

1. Regulatory legal acts establish the norms by which the state and its institutions live.
2. Normative legal acts should reflect objective reality, have a clear structure and be understandable.
3. Businesses have the right to issue their corporate acts, if they do not contradict applicable laws.
4. Check with legal acts only through official sources.