The second level of regulations is special legislation. Regulatory act: what is it and where to look

Regulatory act- an official document of the established form, adopted (issued) within the competence of the authorized state body (official) or by referendum in compliance with the legislation of the Republic The main features of the normative legal act:

- establishes, changes or cancels the rules of law;

- adopted (published) by authorized state bodies or by referendum;

- contains rules designed for repeated use;

- addressed to an indefinite circle of people.

Types of normative legal acts:

1. Constitution– The Basic Law of the Republic of Belarus, which has the highest legal force.

2. Referendum decisions– aimed at resolving the most important issues of state and public life.

3. Program laws- are adopted in accordance with the procedure established by the Constitution and on issues determined by it.

4. Codes(normative legal acts) - the norms of law governing certain areas of social relations are combined and systematized.

5. Laws- normative legal acts regulating important public relations.

6. Decrees of the President- regulatory legal acts of the Head of State, having the force of law, issued in accordance with the Constitution.

7. Decrees of the President- normative legal acts of the Head of State, issued for the purpose of exercising his powers and establishing (amending, repealing) certain legal norms.

8. Resolutions of the Houses of the National Assembly– normative legal acts adopted by the chambers of the Parliament.

9. Decrees of the Council of Ministers– normative legal acts of the Government.

10. Regulations- regulatory legal acts adopted (issued) by the Head of State, legislative, executive, judicial authorities, as well as local government and self-government bodies (a set of rules that determine the procedure for the activities of the relevant state bodies and their divisions).

11. Instructions- subordinate normative legal acts issued in order to clarify and determine the procedure for applying a legislative act, order of a minister or head of another state.

12. Rules- forms of regulatory legal acts that establish procedural norms that determine the procedure for the implementation of any kind of activity.

13. Charters (provisions)- regulatory legal acts that determine the procedure for the activities of a state body (organization).

14. Orders- are published by the heads of the Republican government bodies within the competence of the bodies they head in the relevant area of ​​government.

15. Decisions of local government and self-government bodies- are adopted by local Councils of Deputies, executive and administrative bodies within their competence in order to resolve issues of local importance and are binding in the relevant territory.

Decrees of the President of the Republic of Belarus and laws come into force 10 days after their official publication.

Decrees of the President, resolutions of the Council of Ministers of the Republic of Belarus- come into force from the day they are included in the National Register of Legal Acts of the Republic of Belarus.

Normative legal acts, concerning the rights, freedoms and duties of citizens, come into force only after their official publication.

A normative legal act does not extend its effect to relations that existed even before its entry into legal force, except in cases where it mitigates or cancels the legal liability of citizens.

A normative legal act (its part) shall cease to have effect in the following cases:

- expiration of the validity of the act;

- recognition of a normative legal act (its part) as unconstitutional in the manner prescribed by law;

- recognition of a normative legal act (its part) as invalid;

– cancellation of a normative legal act in cases provided for by the Constitution of the Republic of Belarus.

11. The action of normative legal acts in time, in space and in a circle of persons.

Action in time is determined by the moment of entry into force of the normative act.

Loss of legal force :

a) the expiration date;

b) direct official cancellation of the current regulatory legal act;

c) replacement of one normative legal act by another act.

W the law has no retroactive effect, that is, it does not apply to legal relations that arose before its entry into force.

As an exception, a normative legal act acquires retroactive effect:

a) if there is an indication of this in the act itself;

b) if it eliminates or mitigates criminal and administrative liability.

Also, as an exception, another principle of operation of a regulatory legal act can be applied in time- when a law that has lost its legal force, by special indication of the new law, may continue to regulate certain issues.

In space :

a) apply to the entire territory of the state;

b) act only on some precisely defined part of the country;

c) be intended for action outside the state, although in accordance with the principles of state sovereignty general rule such that the laws of a state apply only to its territory.

State territory: part of the globe (including land, subsoil, air and water space), which is under the sovereignty of a given state and to which the state extends its power. Sovereignty extends to the territory of its embassies, warships, all ships on the high seas and other objects belonging to the state and located on the high seas or outer space.

The effect of a normative legal act on a circle of persons : applies to all persons located in the territory of its operation and being its addressees.

Exceptions:

a) foreign citizens and stateless persons cannot be subjects of a number of legal relations (for example, be judges, serve in the Russian Armed Forces);

b) foreign citizens, endowed with diplomatic immunity and enjoying the right of extraterritoriality, do not bear criminal and administrative liability under Russian law;

The circle of persons to whom this or that regulatory legal act applies can also be determined by gender, by age (minors), by professional affiliation (for example, military personnel), by health status (disabled people), etc.

Regulatory act - it is a written document adopted by an authorized subject of law (state body, local self-government body, institutions of direct democracy), which has an official character and binding force, expresses power orders and is aimed at regulating public relations.

Signs of a normative legal act:

1. It is a written document that has an internal structure that complies with the rules of legislative technique. A legal act is distinguished by the use of special terms, the presence of established details (date, number, name, etc.).

2. A legal act is issued by authorized entities. Their authority to issue acts is established by the constitution, laws, and other acts. Each subject is provided with a certain form (forms) of the act, in which he embodies his instructions (for example, the President Russian Federation creates only decrees and orders).

3. A legal act is issued by the subjects within their competence, which is established in the relevant legal norms.

4. A legal act expresses the will of a certain social community. It sets out the purpose and objectives to which it is directed. It expresses social interests.

5. A legal act is included in a single system of legislation, exercising legal regulation in accordance with the common goals and objectives of legal regulation.

The act is intended to regulate public relations. This is achieved in various ways and methods, through prohibitions, obligations and permissions, using various legal means.

Normativity is the most important feature of normative legal acts.

Normativity expresses the universality of the content and action of the act, which fixes the order of relations, acting for any length of time.

Legal force normative legal act is expressed:

In the mandatory compliance of each act with the principles and norms of the Constitution of Russia;

In strict accordance with the official classification of acts established by the Constitution of Russia and laws;

In recognizing the subordination between types of acts - the Constitution, law, decree, etc.

In establishing a hierarchical subordination of acts of state bodies occupying a higher place and a lower place in the system of government bodies;

In determining the grounds and framework for the adoption of a particular act, its main content. Formulas ʼʼon the basis of and in pursuance of the lawʼʼ, ʼʼin accordance with a decree, resolutionʼʼ, etc. express this legal connection;

In recognizing a legal act that ignores established legal dependencies, violates the law and loses legal force.

Types of regulatory legal acts

The constitution occupies a special place in the system of normative legal acts of any state. The peculiarity of the constitution is that it fixes the balance of social interests, formulates the fundamental provisions that should serve to consolidate society.

The Constitution is an act that has the highest legal force and regulates the foundations of the organization of the state and society, as well as the foundations of the relationship between the state and the citizen. The Constitution has a constituent character. This property of it is manifested in the fact that its prescriptions act as a fundamental principle, determine the content of absolutely all other normative legal acts of the state.

The features of the constitution are also predetermined by the fact that it is created by a special subject - the people, which in a democratic state is the only source of power and the bearer of sovereignty. It is the people who have the right to adopt a constitution and through it to establish the foundations of the social and state structure that they choose.

The Constitution establishes the form of government, the system of public authorities, the foundations of relations between citizens and the state, between elements of the political system.

The law is the main legal act issued by the legislative (representative) body or adopted by popular vote to regulate the most important social relations.

Signs of the law:

a) is a normative expression of the will of the people as a result of the coordination of various social interests;

b) adopted by legislative (representative) bodies or adopted by referendum - popular vote;

c) regulates the most important social relations, ensures the orderly development of all spheres of society;

d) the law has the greatest legal force among other legal acts;

e) the law is adopted as a result of the legislative process in a special procedural order;

f) the law is characterized by the greatest stability and duration of existence, action.

Laws in the Russian Federation are divided into two groups: laws adopted at the federal level and laws of the subjects of the Russian Federation. At the federal level, the following types of laws: federal constitutional laws, ordinary (or current) federal laws, codes, fundamentals, laws of the Russian Federation, federal laws on the ratification of international treaties.

Federal constitutional laws are adopted to regulate the most important social relations directly indicated in the Constitution of Russia. A significant group of federal constitutional laws are acts on the status of the most important state institutions and bodies. These are laws on the Government, on the Commissioner for Human Rights, on the Constitutional Court of the Russian Federation, and some others. Another variety of constitutional laws governs state-legal states. For example, the law on the conditions and procedure for introducing a state of emergency and martial law on the territory of the Russian Federation.

With the help of federal constitutional laws, the composition of the Russian Federation can be changed, the admission of new subjects to the Federation and the solution of other issues of federal construction can be regulated.

Federal constitutional laws, based on Article 76 of the Constitution of Russia, have supremacy over federal laws.

Constitutional laws are adopted in a special order. The adoption of constitutional laws requires a qualified majority: at least three-quarters of the total number of members of the Federation Council and at least two-thirds of the votes of the total number of deputies of the State Duma.

The largest group of laws are federal laws. These acts are not the same in their content, scope and subjects of legal regulation, in relation to other normative acts.

A type of federal law is code. The Code is a systematized set of acts, rules and norms that uniformly regulates the sphere of public relations. It acts as the main legislative act in any area; other acts of this branch of law and legislation are in a peculiar relationship with it. The norms of the code are priority in the regulation of public relations by the norms of acts of their industry. For example, the Civil Code of the Russian Federation has the highest legal force in the system of civil law acts. Codes are characterized by a complex structure, consisting of parts, sections, chapters, articles and paragraphs. They are characterized by a large volume, the scale of regulation.

Branches of law assigned to the exclusive jurisdiction of the Russian Federation (civil, criminal law, etc.) are subject to codification, less often codes are issued on subjects of joint jurisdiction (administrative, labor law).

The concept of the fundamentals of legislation, fundamentals, basic principles predetermined by the federal nature of the Russian state, the presence of two legal systems, the division of jurisdiction. On issues that are the subject of joint jurisdiction of the Russian Federation and the constituent entities, special acts are created. Their goal is, on the one hand, to ensure federal regulation, on the other hand, to allow, within the established framework, the law-making of the subjects of the Federation. The names of acts of this kind contain the following turns: ʼʼ general principlesʼʼ, ʼʼbasicsʼʼ. For example, the Federal Law ʼʼOn the Basics public service In Russian federation.

Federal laws on ratification and denunciation of international treaties of the Russian Federation taken on the basis of Article 106 of the Constitution of the Russian Federation. These laws differ in their name, adoption procedure. The texts of international treaties in the form of laws are published in the Bulletin of International Treaties. In accordance with paragraph 4 of Art. 15 of the Constitution of the Russian Federation, ratified international treaties have priority over domestic legislation. Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, a document that is in form a federal law, takes precedence over other acts of this kind.

By-laws

The system of by-laws is quite diverse and numerous. The greatest legal force in the system of by-laws normative legal acts have decrees of the President of the Russian Federation.Οʜᴎ are published on issues of competence of the head of state, which are established by Chapter 4 of the Constitution of the Russian Federation. Decrees of the President of the Russian Federation are obligatory on the territory of the entire country. Decrees of the President of the Russian Federation should not contradict the Constitution of the Russian Federation and federal laws, they can be normative and non-normative. Their difference lies in the degree of certainty, personification. Regulatory decrees are addressed to an indefinite circle of persons. Non-normative acts (decrees and orders) are demonstrated on the example of decrees on personnel issues. Οʜᴎ are law enforcement acts, as they are created in accordance with legal authority and are addressed to specific people.

Decrees of the Government of the Russian Federation are published on the basis of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation. Οʜᴎ are binding on the entire territory of the Russian Federation. Οʜᴎ are canceled by the President of the Russian Federation in the event that they contradict the Constitution of Russia, federal laws and decrees of the President of the Russian Federation (Article 115 of the Constitution 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 and the constituent entities. Within these powers, the executive authorities of the Federation and the constituent entities form a single system

Orders, resolutions, instructions are published by all authorities: ministries, state committees, federal services, inspections, supervision and other departments.

All federal executive bodies issue normative legal acts that are valid within the limits of intradepartmental relations for bodies, officials and employees of this body. Οʜᴎ can issue acts binding on citizens and organizations not subordinate to this department.

All acts of federal executive bodies affecting the rights and legitimate interests of citizens are subject to state registration with the Ministry of Justice of the Russian Federation. The condition for their validity is official publication.

The system of legislation of the constituent entities of the Russian Federation, characterized primarily by the presence of constitutions and charters, which are the constituent acts of the subjects of the Federation. These acts fix the formation of state authorities of the subject, the procedure for holding elections, the main forms of interaction with local self-government. Constitutions and statutes must be consistent with the federal Constitution and laws.

The law of the subject of the Russian Federation - normative legal act adopted by the legislative (representative) body of a subject of the Federation in accordance with the Constitution

Russia and federal laws, the Constitution or the charter of the constituent entity of the Russian Federation and regulating the main issues of state, economic and social development that are within the jurisdiction of the constituent entity of the Russian Federation. Laws of the constituent entities of the Russian Federation may also be created on subjects of joint jurisdiction. Such acts must comply with federal laws in this area.

Along with the laws of the constituent entities of the Federation, the presidents of the republics, heads of administrations of territories, regions, autonomous regions and the autonomous region, mayors of cities of federal significance, as well as executive authorities of the constituent entities of the Russian Federation, issue decrees, resolutions, orders, regulations, instructions and other regulatory legal acts. These acts are issued within the limits and forms established for the relevant bodies.

Acts of local governments. Local self-government bodies, within their competence, also create normative legal acts. Their examples are decisions, orders, orders of municipalities, councils, etc. organs. Charters have the greatest legal force in this system. municipalities. Acts of municipal bodies and officials of local self-government establish binding rules of law for the population of the respective territories. These acts establish the status of bodies and officials, the procedure for their formation, powers, the procedure for managing municipal property, the rules of public order and other norms of local significance.

The concept of systematization of normative acts

Systematization of normative acts- this is an activity aimed at improving and streamlining normative acts, bringing them into a certain system.

The essence of the systematization of normative acts is the elimination of contradictions, inconsistencies and other shortcomings of the current legislation.

The purpose of the systematization of normative acts is to streamline the current legislation and give it stability, an internally coordinated regulatory system.

The subjects of systematization are state bodies, legal services of organizations, and in certain cases, private individuals.

Bringing normative acts into an ordered system is carried out in three ways:

By publishing a collection of normative acts,

By processing and supplementing current regulations law, which means the creation of new regulations,

By combining several normative acts into one consolidated act.

Systematization is necessary to ensure the availability of legislation, ease of use, to fill gaps and resolve legal conflicts.

Types of systematization of normative acts

According to the method of bringing into the system There are three types of systematization of normative acts: incorporation, codification and consolidation.

incorporation- this is the bringing of normative acts into the system without changing their content by publishing various kinds of collections. Incorporate publications are collections of laws, other normative acts, a collection of legislation and a code of laws.

Incorporation happens various kinds:

1. Given the dependence on the principle of association, two types of incorporation are distinguished: chronological (by years) and systematic (by the subject of legal regulation).

2. Taking into account the dependence on volume, a distinction is made between general (full), when it includes all existing acts of a certain level or type, and partial (incomplete) incorporation, ᴛ.ᴇ. when the meeting contains only a certain part of normative acts.

3. According to the source, the incorporation must be official, ᴛ.ᴇ. carried out by public authorities or on their behalf and unofficial, ᴛ.ᴇ. carried out by organizations and individuals at their own discretion.

Codification is the bringing of normative acts into a system by reworking and supplementing existing legal norms, changing their content and adopting new laws.

By content there are three codified acts : Fundamentals of legislation, codes, charters, regulations, rules.

Fundamentals of legislation establish the most important provisions (basic beginnings) of branches of law or areas of state regulation. The fundamentals constitute the normative base for the codification activities of the subjects of the federation.

Statutes regulate a certain area of ​​state activity, for example, the operation of railway transport, inland water transport, military service, and so on.

Regulations are normative acts of a certain action that regulate in detail the status or organization of the activities of state bodies, organizations and institutions. Such, for example, is the provision on service in the internal affairs bodies.

Rules are normative acts that determine the procedure for organizing any activity;

Codified acts form the basis of activity, legislation and are designed for long-term regulation of social relations.

Consolidation legislation - ϶ᴛᴏ overcoming the plurality of normative acts by consolidating them into one consolidated act, which replaces the acts included in it. Consolidation does not change the content of previously adopted acts. At the same time, their editorial editing is carried out: contradictions, repetitions and long lengths are eliminated.

Normative legal acts - concept and types. Classification and features of the category "Regulatory legal acts" 2017, 2018.

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 integral part 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.

According to the legal force, normative acts are divided into two large groups: laws and by-laws.

Regulations in Russia are divided into:

1) Depending on the peculiarities of the legal status of the subject of lawmaking on:

Normative acts of state bodies;

Normative acts of other social structures (municipal bodies, trade unions, joint-stock companies, partnerships, etc.);

Normative acts of a joint nature (state bodies and other social structures);

Normative acts adopted by referendum.

2) depending on the scope, on:

federal;

Regulatory acts of the subjects of the Federation;

Local self-government bodies;

Local.

3) depending on the validity period, for:

Indefinitely long-term action;

Temporary.

A law is a normative act with the highest legal force, adopted in a special manner by the highest representative body of state power or directly by the people and regulating the most important social relations.

Laws can also be adopted at referendums - in the course of a special procedure for direct, direct expression of the will of the population on one or another, as a rule, major issue in public life. The content of the law, as a rule, regulates the most important social relations.

The concept of law has been revealed over several millennia in scientific and practical activities. Sometimes the concept of law is used as a synonym for the concept of law, any source of law. Therefore, as early as the 19th century, it was proposed to distinguish between the law in the formal and material senses. In the material - again, as a synonym for all sources of law, in the formal - as an act adopted in accordance with the established procedure by the legislature.

Mixing these values ​​can lead to negative consequences. Unfortunately, this happened in the 1993 Constitution of the Russian Federation. All modern constitutions enshrine the principle of judicial independence. This is fixed in the formula "judges are independent and subject only to the law."

In this context, the concept of law is used in a broad sense, as a synonym for law, as protection against interference by other branches of government in judicial activities, primarily “from telephone law”. In addition, this formula affirms the principle of legality in judicial activity.

The law, like any normative legal act, has certain features:

A law is a legal document containing rules of law.

The law is the result of the law-making activity of the highest body of state power (parliament, monarch, etc.) or the entire people.

The law regulates the most significant, typical, stable relations in society.

The law has the highest legal force, which is manifested in the impossibility of its cancellation by another body, except for the one that adopted it, and also in the fact that all other legal documents should not contradict the content of the law.

The law is a fundamental legal document. It serves as a base, basis, guideline for the rule-making activities of other state bodies, courts.

Considering the law as a normative legal act - a source of law, it is necessary to distinguish it from other legal acts:

first, from individual acts, i.e. acts containing individual prescriptions on specific, “one-time” issues, for example, appointment to a position, assignment to transfer property (such individual prescriptions are sometimes found in laws on, say, privatization, management issues);

secondly, from interpretive acts, acts of interpretation, i.e. acts in which only an explanation of the existing norms is given, but no new norms are established (such acts in most cases have other names, for example, “decree”, “clarification”).

Laws in a democratic state must take first place among all sources of law, be the basis of the entire legal system, the basis of legality, a strong legal order.

Legislation is the whole set of laws in force in the country.

However, it must be borne in mind that in some formulations of regulatory acts, the term “legislation” refers not only to laws, but also to other regulatory documents containing primary legal norms (for example, regulatory decrees of the President of the Russian Federation, regulatory resolutions of the Government).

Currently, the regulatory decrees of the President (as well as resolutions of the Government) adopted on issues related to the legislative field have the appropriate, close to law, legal force until the adoption and entry into force of the law on this issue. Part one of the Civil Code of the Russian Federation directly states: “In the event of a conflict between a decree of the President of the Russian Federation or a Decree of the Government of the Russian Federation, this Code or another law, this Code or the relevant law shall apply.”

Legislation has its own clear system, classification of laws.

Laws are divided into:

a) the constitution, constitutional;

b) ordinary.

Constitutional laws include, first of all, laws that introduce amendments and additions to the Constitution, as well as laws, the need for the publication of which is provided directly by the constitution. The Constitution of the Russian Federation of 1993 named fourteen such constitutional laws. An example of the latter can be laws on the Government of the Russian Federation (Article 114), on the Constitutional Court of the Russian Federation (Article 128), on changing the constitutional legal status of a subject of the Russian Federation (Article 137 of the Constitution of the Russian Federation). For constitutional laws, the procedure for their passage and adoption in the Federal Assembly is more complicated than for ordinary laws. An adopted constitutional law cannot be vetoed by the President (Article 108 of the Constitution of the Russian Federation).

Ordinary laws are acts of current legislation devoted to various aspects of the economic, political, social, and spiritual life of society. They, like all laws, have the highest legal force, but they themselves must comply with the Constitution, constitutional laws. This ensures the unity of the entire legislative system and the consistent implementation in it of those fundamental political and legal principles that are expressed in the Constitution and constitutional laws. The main task of a special body of justice - the Constitutional Court - is to ensure strict compliance with the Constitution of the Russian Federation of all laws, other normative legal acts and, thereby, the implementation of constitutional principles in all acts.

Ordinary laws, in turn, are divided into codification and current. Codification includes the Fundamentals (Basic Principles) of the legislation of the Russian Federation and codes. Fundamentals - this is a federal law that establishes the principles and defines the general provisions for the regulation of certain branches of law or areas of public life. The Code is a law of a codification nature, in which, on the basis of common principles, norms are united that regulate a certain area of ​​social relations in sufficient detail. The code most often refers to any one branch of law (for example, the Criminal Code, the Code of Civil Procedure, the Code of Administrative Offenses).

In a federal state, which is Russia, federal laws and laws of subjects of the Federation are distinguished. So, in addition to the federal law "On the languages ​​of the peoples of the Russian Federation" in a number of republics (Karelia, Kalmykia, etc.) that are part of the Russian Federation, their own laws on languages ​​have been adopted. Federal laws apply, as a rule, throughout the territory of the Federation. In the event of a discrepancy between the law of a subject of the Federation and the law of the Russian Federation, the federal law shall apply.

The Constitution, as the fundamental constituent legal act of the country, is the main, “title” law that determines the legal basis of the state, the principles, structure, main characteristics of the state system, the rights and freedoms of citizens, the form of government and state structure, the justice system, etc.

In the Russian Federation, the Constitution adopted at the referendum on December 12, 1993 is currently in force. The Constitution of the Russian Federation, in addition to a brief preamble, contains the main, first, section of nine chapters:

1. Fundamentals of the constitutional system.

2. Rights and freedoms of man and citizen.

3. Federal structure.

4. President of the Russian Federation.

5. Federal Assembly.

6. Government of the Russian Federation.

7. Judicial power.

8. Local government.

9. Constitutional amendments and revision of the Constitution.

The special (second) section of the Constitution of the Russian Federation contains final and transitional provisions.

The very concept of "constitution" in translation from Latin means the establishment, institution, device. In ancient Rome, this was the name given to certain acts of imperial power.

The emergence of constitutions as the fundamental laws of the state is associated with the coming to power of the bourgeoisie, the emergence of the bourgeois state.

The first acts of a constitutional type were adopted in England. However, the historical features of its development have led to the fact that it lacks a constitution in the usual sense of the word. In other words, there is no single act regulating both the most important aspects of the internal organization of the state, social structure, and the rights and freedoms of citizens. Modern Great Britain is a country with an unwritten constitution, which consists of numerous acts adopted in the period of the 13th-20th centuries. All of them are not interconnected by a certain system and do not form a single act.

The first written constitution (i.e., representing a single basic law with an internal structure) can be called the US Constitution, adopted in 1787 and still in force today. In Europe, the first written constitutions were those of France and Poland of 1791.

1. As the Basic Law of the state and society, the Constitution, unlike other legislative acts, has a constituent, fundamental character. It regulates a wide range of social relations, the most important of them, which affect the fundamental interests of all members of society, all citizens. The Constitution establishes the foundations of the socio-economic system of the state, its national-territorial structure, the fundamental rights, freedoms and duties of a person and citizen, the organization and system of state power and administration, establishes the rule of law and legality. Therefore, constitutional norms are fundamental for the activities of state bodies, political parties, public organizations, officials and citizens. The norms of the Constitution are primary in relation to all other legal norms.

2. The Constitution, as already noted, is the main source of law, containing the initial principles of the entire system of law. It represents the basis for the current legislation, determines its nature.

Current legislation develops the provisions of the Constitution. In a number of cases, the Constitution contains instructions on the need to adopt a particular law (for example, Article 70 of the Constitution of the Russian Federation establishes that the status of the capital of our state is established by federal law). As a legal basis for legislation, the Constitution is the center of the entire legal space. It contributes to the coherence of all legal development and the systematization of law.

3. The Constitution has the highest legal force. The supremacy of the Constitution as the Basic Law is manifested in the fact that all laws and other acts of state bodies are issued on the basis of and in accordance with it. Strict and exact observance of the Constitution is the highest standard of behavior for all citizens, all public associations, all state bodies.

4. The Constitution as the Basic Law is characterized by stability. This is determined by the fact that it consolidates the foundations of the social and state system.

The stability of the Constitution as the Basic Law is ensured by a special procedure for its adoption and amendment.

In accordance with the Constitution, constitutional laws can be issued, also devoted to the legal foundations of the state, the state system. Constitutional laws are adopted on issues provided for by the Constitution (for example, the Law on the state of emergency, the Law on the procedure for the activities of the Government). A federal constitutional law is considered adopted if at least two-thirds of the total number of deputies of the State Duma voted for it and if it is approved by a majority of at least three-quarters of the total number of deputies of the Federation Council. The adopted federal constitutional law is subject to signing by the President of the Russian Federation and promulgation within fourteen days.

Among the laws should be distinguished:

a) federal laws - those that are adopted by the federal legislative body - the Federal Assembly - and apply to the entire territory of the Russian Federation,

b) laws of the subjects of the Federation (republican laws, laws of regions, territories) - those that are adopted in accordance with the distribution of competence by the republics, other subjects of the Federation and apply only to their territory.

The division of laws into branches of law is important. In accordance with this, sectoral laws should be distinguished. The most significant role in the legislative system (after constitutional laws) is played by: administrative laws; civil laws; marriage and family laws; criminal laws; land laws; financial and credit laws; labor laws; social security laws; procedural laws; environmental laws. In addition to sectoral laws, there are intersectoral laws that contain the norms of several branches of law (for example, laws on health care, which contain norms of administrative, civil, and other branches of law.

The body of laws constitutes legislation. Again, the concept of legislation is used in a narrow, precise sense precisely as a system of laws and in a broad sense - as a system of legal acts of all kinds, and sometimes as a synonym for law. Therefore, when they talk about legislative acts, it means that they are talking about a system of laws in the narrow sense, and when they talk about acts of legislation, they can talk not only about laws.

All these "subtleties" need to be defined, designated, so that, first of all, lawyers, and other participants in public relations, understand each other.

The normative legal act, in which the law finds its expression and consolidation, can take different forms. Along with the most common form - the presentation of the law in a separate, separate written act - the theory of law also distinguishes normative legal acts in the form of codes (collections, lists - lat.). Civil, criminal, family, labor and other codes are collections that combine single subject regulation and, as a rule, the method of an extensive set, a system of legal norms.

The Code (codified act) is a single, consolidated, legally and logically integral, internally agreed law, another normative act that provides complete, generalized and systemic regulation of this group of social relations.

Codified acts have various names - "codes", "charters", "regulations", simply "laws".

A special character in a federal state belongs to the codified acts of the federal level. They contain the initial and general provisions that are important for the entire federal state. In the republics and other subjects of the Federation, acts are adopted in accordance with their competence on the basis of federal codes and other federal laws.

Codes belong to the highest level of legislation. Each code is, as it were, an independent, developed legal "economy", in which there should be "everything" that is necessary for the legal regulation of a particular group of relations - both general principles, and regulatory institutions of all the main varieties of these relations, and law enforcement norms , etc. Moreover, all this normative material is brought into a single system, distributed into sections and chapters, and agreed upon.

Essential in each code (codified act) are the “general part” or “general provisions”, where the Initial principles and norms, the general principles and the “spirit” of this branch of legislation are fixed.

The main role in the system of legislation is played by sectoral codes, i.e. codified acts leading the relevant branch of legislation. These codes are collected into a single focus, bringing together the main content of a particular legislative branch. All other laws and other normative acts of the given branch are, as it were, adjusted to the branch code. In part one of the Civil Code of the Russian Federation it is directly stated: “The norms of civil law contained in other laws must comply with this Code” (clause 2, article 3).

In a number of cases, laws on certain issues, for example, on issues of property, collateral, were previously issued as independent acts because that consolidated act - the code (Civil Code), in which these problems should have received detailed and systemic regulation, had not yet been adopted. . It is therefore quite understandable, for example, that after the adoption of the Civil Code (part one), most of the previously adopted individual laws were repealed.

By-laws are acts issued on the basis and in pursuance of laws that contain legal norms.

By-laws have less legal force than the laws based on them. Despite the fact that the law occupies the main and decisive place in the normative legal regulation of social relations, by-laws are also very important in the life of any society, playing an auxiliary and detailed role.

Normative act- This is an official document of a law-making body, which contains legal norms.
Normative acts are created mainly by state bodies that have the right to make normative decisions on those issues that are referred to them for resolution. In doing so, they express the will of the state. From this stems their imperiousness, officiality, authoritarianism, obligation.

Regulations are characterized by the following signs.

Firstly, they have a law-making character: in them, the rules of law are established, or changed, or canceled. Normative acts are carriers, repositories, dwellings of legal norms, from which we draw knowledge about legal norms.

Secondly, normative acts should be issued only within the competence of the law-making body, otherwise on the same issue in the state there will be several normative decisions, between which contradictions are possible.

Thirdly, normative acts are always clothed in documentary form and must have the following details: type of normative act, its name, body that adopted it, date, place of adoption of the act, number. The written form contributes to the achievement of a uniform understanding of the requirements of legal norms, which is very important, since sanctions may be applied for their failure to comply.

Fourth, each normative act must comply with the Constitution of the Russian Federation and not contradict those normative acts that have greater legal force in comparison with it.

Fifth, all normative acts must be brought to the attention of citizens and organizations, i.e., published, and only after that the state has the right to demand their strict implementation, based on the presumption of knowledge of the law, and impose sanctions.

Requirements for regulations. We will point out only the most important of them.

1. To have great regulatory power, regulations must be of high quality. This can be achieved if they are not a product of fantasy or the desired law-making subjects, but reflect an objective reality. In principle, this requirement is more general and applies to legal norms in general. However, it is during the adoption of legal acts that the possibility of making voluntaristic decisions becomes most obvious.

However, the freedom of the legislator in making certain decisions is not unlimited. It has already been said above about the objective conditionality of law by social relations. In the event that the adopted normative legal acts contradict objective reality, the norms contained in them will at least become “dead”, not applied in practice. In the case of an acute contradiction, the adoption of such an act is fraught with social upheavals. Any, even very good ideas cannot be put into practice with the help of normative acts, if society has not “ripened” to them, if there are no necessary conditions. An example is the Law on Elections, which introduces elements of a proportional electoral system, i.e., representation in parliament of parties, in the absence of such in practice in Russian reality (tadpole parties, i.e., parties that do not have an electorate, do not count ).

2. Regulations should have a structure and not be a chaotic set of regulations. As a rule, a normative act has an introductory part called a preamble. It sets out the goals and objectives of the normative act, characterizes the socio-political situation that exists at the time of its adoption. The first articles of a normative act may be devoted to the definition of terminology used in the future. Then the construction of a normative act can fit into the following scheme: subjects of legal relations (for example, taxpayers and financial authorities), objects (received income), rights and obligations (obligation to pay taxes, the right to verify the accuracy of their payment, etc.), benefits, incentives ( for example, tax exemption for small businesses within two years of incorporation) and sanctions (for tax evasion, a fine in the amount of a hidden amount). This arrangement of normative material is used in non-codified acts, the presence of which is inherent in the "young", recently emerging branches of law. The "old" branches of law are usually codified. Codes, on the other hand, have a more complex structure.

3. Normative acts must be understandable to citizens. And here the legislator should focus not on intellectuals, but on people of an average or even below average intellectual level. Normative acts should be stated in a simple, clear language, be distinguished by strict style, comply with the laws of formal logic, and also not be too abstract, but at the same time not be tied into details. They should not contain complex legal terms.

Normative acts, when drafted reasonably and skillfully, are a powerful tool for transforming society. However, a lot depends on their developers, who should take into account objective realities as much as possible and completely discard their personal preferences. If the stamp of subjectivism is unreasonably bright, then normative acts can become a tool for causing harm to the people. For example, the publication in 1991 of the Decree of the President of the Russian Federation, allowing freedom of trade, pursued a noble goal: to liberate citizens in the sphere of exchange. But the thoughtlessness in the organization of the execution of the Decree led to undesirable consequences: unsanitary conditions in the cities, a surge in infectious diseases, etc. Therefore, it is extremely important to develop a guide for the production of normative acts (the law on the issuance of normative acts).

Types of regulations. Regulatory acts, depending on their legal force, can be divided into two large groups: laws and by-laws. The term “legislation” is very often used. This concept includes all regulations issued by federal and regional state bodies. Such a terminological name is justified because it is laws that form the basis of an integral system of normative acts.

Let us list and briefly characterize the main types of normative acts.

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

Laws are the most significant type of normative acts.

First, laws can be adopted by only one body - the parliament, which has legislative power in the country. Thus, in the USA laws are adopted by the US Congress, in Russia - by the Federal Assembly.

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

Third, laws govern the most important relationship in society. In some countries, a strict list of issues has been established that are subject to settlement precisely with the help of the law. In other states, such as Russia, there is no such list, so the Federal Assembly can formally adopt a law on any issue. However, it is unlikely that Parliament will consider it necessary to pass a law on a matter that is not of paramount importance.

Fourthly, laws have the highest legal force in comparison with other types of normative acts.

According to their significance, laws are divided into three groups: basic laws (constitutions) that regulate the fundamental issues of the life of the state (the constitutional system, fundamental rights and freedoms of citizens, the system of state power, etc.);

• constitutional laws regulating issues of public life related to the subject matter of the Constitution (Law on presidential elections, Law on elections to the State Duma, Law on the judiciary, etc.). Such issues are generally regulated in the Constitution, but they are further developed and detailed in constitutional laws. It is clear that constitutional laws should not contradict the Constitution of the Russian Federation;
• current (ordinary) laws adopted to regulate all other important issues in the life of society (for example, the Law on Joint Stock Companies, the Civil Code, the Criminal Code, the Law on Education, etc.). Current laws should also not contradict the Constitution of the Russian Federation and federal constitutional laws.

Variety of current laws - codes, which are complex systematized acts. As a rule, all or the most important norms of some branch of law are arranged in a certain order in the code. Thus, the Criminal Code contains all the rules on crime and punishment, and the Civil Code contains the most important rules governing property relations. Codes belong to the highest level of legislation. Each code is, as it were, a developed “legal economy”, in which there should be 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, 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 contains norms 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 provides for specific acts and punishments for them.

Legislative process. In Russia, laws are adopted by the State Duma, approved by the Federation Council and signed by the President. Such a complex procedure for the entry into force of laws is necessary in order to exclude the creation of hasty, ill-conceived, and even erroneous laws, to resolve the issue of the availability of the necessary financial resources to prevent contradictions in the legal system.

The legislative (legislative) process goes through several stages in its development.

1. Legislative initiative. This is the right of certain bodies and officials to raise the issue of issuing laws and submit their drafts for consideration by the State Duma, which gives rise to the duty of the legislature to consider them. The President, the Federation Council, the Government, the legislative bodies of the constituent entities of the Federation, the Constitutional, Supreme and Supreme Arbitration courts, as well as members of the Federation Council and deputies of the State Duma. The range of subjects of legislative initiative, as we see, is not very wide. This is due, firstly, to the fact that its significant expansion will put the State Duma in front of the need to spend the lion's share of time deciding whether to accept or reject the proposal. Secondly, these subjects have significant information about social life, which is not always possible to say about other state bodies and citizens.
2. Preparation of bills. Such preparation should begin with the identification of social needs for the creation of legal norms based on a comprehensive study of social practice, scientific data, proposals from state bodies, political parties and other public associations, as well as individual citizens. Various bodies can prepare draft regulations. More often, the branch principle is used, which is far from perfect (the project is prepared by the body that is responsible for a particular area). Sometimes special commissions are formed to prepare bills. In addition, bills can be prepared on an alternative basis.
3. Draft discussion. Occurs at a meeting of the legislature and opens with a report by the representative of the entity that introduced the bill for discussion. Then the relevant committee of the legislature gives its opinion. Further, the deputies discuss, evaluate the bill, make amendments to it. The draft may undergo several readings (discussions), the number of which is not limited by law.
4. Law passed. It is carried out by open voting. Voting can be for the project as a whole or item by item. For the adoption of ordinary laws, a simple majority of voters is sufficient, for constitutional laws - two-thirds of the total number of deputies. The law must be considered by the Federation Council within two weeks (which can approve or reject it), but if there is no consideration, then the law is considered adopted. Within two weeks after that, the law must be signed by the President, who, in turn, can also veto it.
5. Publication of the law. This is the placement of the full text of a normative act in a publicly available printed publication, the release of which is of an official nature. This stage is a necessary condition for the entry into force of any normative act, since otherwise it is impossible to apply sanctions for its non-fulfillment, and indeed to demand its observance. Laws are published within 10 days after their signing in the Collection of Legislation of the Russian Federation and in Rossiyskaya Gazeta. Other Russian regulations are also published there.

Decrees. They are issued by the President of Russia on issues within his competence, which is quite wide for him, since he is both the head of state and, in fact, the head of the executive branch. If the decree contradicts the Constitution and the laws of Russia, it may be declared invalid by the Constitutional Court. In terms of their content, presidential decrees are mainly related to the concretization and detailing of existing laws, the adoption of rules and regulations named in acts of parliament. Norm! Decrees of the President 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, awards, are ive in nature. Decrees are published in the Collection of Legislation of the Russian Federation (SZ RF).

Decrees. This type of normative acts is issued by the Government of Russia. The competence of the Government includes mainly the solution of socio-economic issues (management of industry, agriculture, construction, transport and communications, social protection of the population, external economic relations, organization of the work of ministries and departments, etc.). A large number of acts of the Government is associated with the development of a mechanism, the procedure for the implementation of laws adopted by parliament. “Launching” them into practice is a very important type of law-making activity carried out by the Government, because if a mechanism for the implementation of laws is not developed, they will lose their meaning. Resolutions are a mirror of the activities of the Government. Their analysis gives an answer to the question, effectively, competently, whether the Government acted promptly. They are also published in the Collection of Legislation of the Russian Federation.

Instructions of ministries and departments. These bodies are created to manage a particular area of ​​activity, the implementation of special executive, control, licensing or supervisory functions of the state. Their normative acts, in addition to instructions, are also called by other terms: . orders, regulations, instructions, rules, charters, etc. But it is the instructions that play the leading role. They regulate the main types (forms) of service activities, functional responsibilities workers of a certain category. But there are instructions that are intersectoral in nature and apply not only to employees, but also to other organizations, to all citizens (instructions from the Ministry of Finance, the Central Bank, the Ministry of Transport, the Ministry of Labor, etc.). Such acts are subject to registration with the Ministry of Justice, where their legality is verified. Acts of ministries and departments are published in the Bulletin of normative acts of ministries and departments.

Normative acts of the legislative (representative) bodies of the subjects of the Federation. Laws are the most common name for them. Not all subjects of the Federation are actively engaged in lawmaking. In this regard, Moscow, St. Petersburg, Sverdlovsk, Saratov regions are actively showing themselves. Budget, taxes, privatization - these are the most serious issues of regional rule-making. Moreover, the adoption of acts of this kind requires the conclusion of the administration of the subject of the Federation.

Normative acts of the governors of territories, regions (presidents of the republics) are called decrees.

Normative acts of the administration of territories, regions (governments of the republics). These acts are commonly referred to as ordinances. They can regulate various issues - the provision of premises and land for rent, the collection of fees for travel in public transport, for training in children's music schools, etc.

Acts of both representative and executive bodies of the subjects of the Federation are published in local newspapers.

Acts of local governments are called, as a rule, decisions. They are published on issues of local importance relating to residents of cities, districts, villages, towns, villages (landscaping, landscaping, trade, public utilities, consumer services, etc.).

Corporate (intraorganizational, intracompany) regulations. These are 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 state intervention in the affairs of enterprises and expanding their independence, corporate acts take on an increasing burden.