The issues of local lawmaking are devoted to Art. 46-48 of Federal Law No. 131-FZ. Previously, these issues were regulated mainly by acts of local self-government bodies, in some cases - by the laws of the constituent entities of the Russian Federation.

Lawmaking process- the procedure for implementing law-making activities regulated by regulatory legal acts, including submission to a law-making body (submission to a referendum), consideration, adoption, signing, publication and entry into force of regulatory legal acts.

Any law-making activity is carried out in a special procedural form, which is an ordered system of stages of activity.

Stages of lawmaking activities of local self-government bodies and their officials- a number of successive stages of adoption of a normative legal act of local self-government, at each of which independent tasks of law-making activity are solved. The following stages of law-making activity can be distinguished.

First step.Development of draft municipal legal acts and submitting them to the appropriate local government body or official.

Under lawmaking initiative is understood the official submission by the authorized entity to the representative body of local self-government of the draft normative legal act, entailing the obligation of the representative body of local self-government to consider and accept or reject it. As a rule, the head of the municipality is recognized as the subjects of the law of law-making initiative; standing commissions (committees) of the representative body of local self-government; deputies of the representative body of local self-government; TPSG bodies of the corresponding municipality; citizens residing in the territory of the respective municipality, in the manner prescribed by law or the charter of the municipality; other subjects provided for by the regulatory legal acts of local self-government (for example, in the Republic of Mordovia, these include the prosecutor). Before the implementation of the right of law-making initiative, it is necessary to identify the objective need for municipal legal regulation.

The procedure for submitting draft municipal legal acts, the list and form of documents attached to them are established by the regulatory legal act of the local government body or local government official, for whose consideration these projects are submitted.

In necessary cases, local government bodies and officials organize and conduct an internal or independent examination of the draft regulatory legal act of local government. Such examinations can include legal, financial, scientific and technical, environmental, etc.

Second phase. Discussion and adoption of municipal legal acts. The procedure for discussing and adopting a municipal legal act essentially depends on which body we are talking about - individual (head of the municipal formation) or collegial (representative body of local self-government). As a rule, these issues are regulated in the charters of municipalities or in the regulations of the relevant authorities. At the same time, depending on the type of municipal legal act, its legal force, additional differences may be provided (for example, a qualified majority is required to adopt the charter of a municipal formation).

The decisions of the representative bodies of local self-government are quite often signed by the head of the municipality, and he may have the right of a suspensive veto.

Stage three. Publication (promulgation) and entry into force of municipal legal acts. Municipal legal acts enter into force in accordance with the procedure established by the charter of the municipality, with the exception of regulatory legal acts of representative bodies of local self-government on taxes and fees, which come into force in accordance with the Tax Code of the Russian Federation. Municipal legal acts affecting the rights, freedoms and duties of a person and a citizen come into force after their official publication (promulgation).

The procedure for publication (promulgation) of municipal legal acts is established by the charter of the municipality and should provide an opportunity for citizens to familiarize themselves with them, with the exception of municipal legal acts or their individual provisions containing information, the dissemination of which is limited by federal law.

Stage four. Control over the execution and cancellation of municipal legal acts or suspension of their operation. As a rule, the responsible executor is indicated in each municipal legal act. This can be a local government body, an official, a deputy commission, etc. The purpose of the control is to identify the degree of effectiveness of the implementation of the provisions of a municipal legal act, the reasons for the difficulty of its implementation, as well as, if necessary, to ensure the execution of the provisions of a legal act in court.

Municipal legal acts may be canceled or their effect may be suspended by local self-government bodies and local self-government officials who have adopted (issued) the corresponding municipal legal act, by a court, and in the part regulating the exercise by local self-government bodies of certain state powers transferred to them by federal laws and the laws of the constituent entities of the Russian Federation, - by the authorized body of state power of the Russian Federation (the authorized body of state power of the constituent entity of the Russian Federation).

It is customary to call lawmaking a complex, legally and organizationally formalized activity of the state to create or change and abolish existing legal norms. In the Russian Federation, this activity is carried out at the federal, regional and municipal levels.

The municipal level of interest to us is the most specific, because local self-government bodies are excluded from the system of state bodies and cannot take on a law-making function on all issues without exception, because in full measure this is only a state prerogative. It is well known that the range of issues attributed to the jurisdiction of municipal bodies, decisions on which are of a normative-legal nature, are determined by the state and, in particular, by individual state bodies. At the same time, it should be borne in mind that the independence of local self-government bodies guaranteed by the Constitution of the Russian Federation presupposes the absence of the need to agree and authorize the norms adopted by them (local self-government bodies), which gives the right to speak of municipal power as public. At the same time, one should not forget that in accordance with the same Constitution, the legal norms that are issued by local self-government bodies within their competence are generally binding and guaranteed by the state, as well as that according to the Federal Law “On General Principles of Organization of Local Self-Government in the Russian Federation ”, the powers to issue legal acts within the competence of the state may be transferred to the municipal authorities.

Thus, we can say that local governments are free, within the limits of their competence, to engage in rule-making activities. This relative independence was given to them so that at the local level a regulatory and legal framework could gradually be created that would most fully meet the interests of the population of each individual municipal formation, but, despite the conditions created, municipal lawmaking, as before, remains unsatisfactory. level and is subject to all kinds of criticism.

Theorists of municipal law distinguish various problems of this activity. Korsakova S.V. names some of them: haphazardness, lack of direction, too detailed regulation and vice versa, excessive duplication, belated introduction of changes necessary due to changes in federal legislation, inconsistency of competence, and low scientific elaboration of these acts.

To solve this problem, the aforementioned author proposes the development and adoption of a "municipal law-making policy", which would allow optimizing local law-making activities from the standpoint of its purposefulness and effectiveness. Municipal law-making, according to the author, lacks the basis necessary for competently building a strategy and tactics for the development of this area of ​​rule-making, as well as criteria for assessing its quality. This concept could include the following legal tools: scientific substantiation of issued acts, legal monitoring, mid-term and long-term planning of lawmaking activities, legal monitoring, involvement of experts and specialists for methodological support of lawmaking, application of a systematic approach in relation to municipal legal regulation and etc.

In our opinion, one can agree with the need to implement such a policy to solve common problems of municipal lawmaking and improve its condition in general, because there is currently no concept that would help modernize this activity. If developed and implemented, the municipal law-making policy could help to unify and streamline local law-making, increase coordination with law-making activities at other levels. At the same time, one should not forget that in the course of implementing such ideas, it is important not to cross the line that separates the coordination of actions of various types of public authorities from the pressure of one level of government on another, in other words, the freedom of local lawmaking should be preserved in full.

Let us consider separately the two most important (in our opinion) problems of municipal lawmaking, associated with the direct participation of the population in this process.

One of the most important, in our opinion, is the problem of insufficient coordination of the lawmaking activities of municipalities and the general will of the population living on their territory. The most common methods to find out the opinion of citizens is a local referendum or a gathering of citizens. According to Article 25 of the already mentioned Federal Law, in settlements where no more than a hundred people live with the right to vote, a gathering of citizens is held to resolve issues of local importance. The decisions made on it are obligatory for the official publication and execution of the territory of the settlement. Execution of decisions made at gatherings is ensured by local authorities and officials in accordance with the existing delineation of powers, determined by the charter of the settlement. There are similar provisions in the law regarding decisions taken in local referenda.

At the moment, the task of the legislator is to ensure the real possibility of calling such referendums and creating guarantees for those who initiate them. In particular, we are talking about cases where the holding of a local referendum is not in the interests of the municipal authorities. In our opinion, it is necessary to follow the path of simplifying the requirements for the adoption of issues for voting and increasing the responsibility of officials for blocking initiatives "unwanted" for them, because this interferes with the exercise of citizens' rights to participate in local self-government.

In addition to gatherings and referendums, the Federal Law provides for the possibility of law-making initiatives of citizens as a form of their direct participation in the management of the municipal formation. M.A. Kuzmin believes that this institution is of great importance in strengthening the “legal fabric” of the local population. This procedure is the right of citizens (who have the right to vote) to submit draft municipal legal acts on issues of local importance to the authorized bodies for consideration. However, in practice, this right is practically not implemented, the reason for this is the complexity of the preparatory work (the need to collect signatures, campaigning, etc.) with a low probability of a positive result.

It also traces the need to simplify the formal procedures through which it is necessary to go through in order to bring the initiative to consideration - this is a question of the expediency of this procedure in general, otherwise it will remain an ineffective law-making institution.

Thus, the state of local lawmaking, in our opinion, is at an unsatisfactory level. To solve the problems existing in this area, some authors propose the development of a municipal law-making policy. Supporting this idea, we, in turn, declare the need to simplify some procedures related to the participation of the population in local lawmaking, so that they finally begin to work as it was intended at the stage of their development.

Bibliography

1. "Constitution of the Russian Federation" (adopted by popular vote on 12.12.1993) // reference and legal system ConsultantPlus [electronic resource] - Access mode. - URL: http://base.consultant.ru (date of access: 04/05/14)

2. Federal Law of 06.10.2003 N 131-FZ (as amended on 28.12.2013) "On the General Principles of Organization of Local Self-Government in the Russian Federation" / [Electronic resource] // ConsultantPlus reference legal system. URL: http://base.consultant.ru (date of access: 04/05/14)

3. Aleshkova NP The role of municipal law-making in the regulation of public relations // Bulletin of the Academy. 2010. No. 2. - 81p.

4. Korsakova S. V. Municipal law-making policy: concept and problems of implementation // Science and education: economy and economy; entrepreneurship; law and governance. 2013. No. 5 (36). - 55-57 p.

5. Kuzmin M.A. The right of citizens to develop and submit draft municipal acts: problems of normative regulation and practical implementation // State power and local self-government. 2005. No. 1 - 14 p.

6. Nosenko LI Some questions of municipal lawmaking: theoretical aspect // Questions of Russian and international law. 2011. No. 4. - 19 p.

7. Ovchinnikov I.I., Pisarev A.N. Municipal law of Russia. M .: Eksmo, 2007 .-- 282-283 p.

8. Sergeev A.A. The Institute of Local Referendum in the Legislation of the Russian Federation // State Power and Local Self-Government. 2005. No. 1. - eight

What is the system of legal regulation? What are its features in Russia and what are the regulatory legal acts in Russian legal practice?

What is a regulation?

Normative acts are fixed in writing.Among its main features are formal details (date of adoption, name, name of the body that adopted the act, etc.), the fact of approval by a certain structure (government or corporation), publicity (including through placement in publicly available print and electronic media).

For normative acts issued by the authorities, publication in the state language is typical. Other important signs of acts are that they contain specific ones related to the regulation of processes of a certain type or with the participation of a narrow circle of people.

“Normative” and “legal” acts are not the same thing?

Some lawyers identify the term in question with the concept of "legal act". In this case, both terms are used simultaneously, with a hyphen. Other legal experts believe the two are not exactly the same thing. Their theses are as follows. Normative acts are only official documents (issued by the authorities - the President, the State Duma, etc.). They should not contradict other acts of a higher rank (such as the Constitution).

Defined as a broader concept. They can be any documents of legal significance. For example, these are files intended for internal use within the corporation. That is, their presence does not imply legal norms that must be applied by people outside the firm. The instructions contained in such documents are addressed to a specific entity (department, official, etc.).

It turns out that regulatory and legal acts differ according to the following criteria. First, it is the nature of their application. Normative acts - universal, legal - have an individual focus. Secondly, it is the scope of the acts. Regulatory ones are addressed to an unlimited number of subjects, legal ones - to a specific circle of persons. Thirdly, this is the time of the acts. Regulations are in effect until they are canceled or amended. Legal ones are usually designed to be applied in specific situations, often one-time.

Among lawyers there is another point of view on the relationship between normative and legal acts. It implies that a normative act creates legal norms (or makes changes and additions to existing ones), and a legal one is a tool for the correct implementation of this norm.

What are the acts

Let's see what types of regulations are in Russian legal practice. Their distinction is based on the subordination of the two concepts. The first is the "law." An act of this type is adopted exclusively by the authorities (legislative or representative) or by the citizens of the country through a referendum. Only the authority that issued it can mark or amend the law. Acts of this type are designed to regulate key processes related to the development of the state and society. They contain primary norms: acts of a different type detail and interpret the normative guidelines set forth in the laws. These types of acts are adopted subject to mandatory compliance with the procedural order.

The second concept is “bylaws”. They are issued on the basis of and for the purpose of enforcing laws and represent a hierarchically structured model in which the norms must correspond to those prescribed in the sources of greater legal force, and be the basis for acts at a lower level. The main types of regulatory acts of a subordinate nature in Russia are as follows.

These are federal acts (decrees and orders of the President of the Russian Federation, government decisions, orders of ministries and departments). These are acts of the subjects of the federation (local constitutions, statutes, as well as laws adopted by the legislative and executive authorities of the region). These are municipal laws (orders, decisions or decrees made by city halls, city councils and similar structures).

A special type of normative acts is international laws. They are adopted by organizations outside Russian jurisdiction and are divided into two types - directives that give the government of specific countries to choose how to implement the international obligations and regulations that have been adopted, where there are requirements that are binding on all states. The Russian Constitution states that the principles and norms characteristic of international law and the treaties of the Russian Federation with other states are part of the national legal system. And if an agreement with another country establishes rules different from those spelled out in the laws adopted in Russia, then a higher legal force is endowed

Law and Act: Relationship of Terms

The terms "act" and "law" are often equated by lawyers. This is true, but only in one case: if the "law" is understood as elaborated by society through political institutions or directly by instructions, binding on all or a certain category of persons. Specific acts are either written sources of the instructions in question, or documents explaining the nuances of their implementation.

A law is a set of regulations, all that is in the state, or related to a certain area - for example, laws on the family. Regulations are laws in the legal sense as such. Historically, it was preceded by such a phenomenon as But, as the contradictions between the customs of different peoples, countries and continents were revealed, norms enshrined in acts began to be established that could bring dissimilar traditional, "folk" rules to a single standard. Laws and regulations from the point of view of modern legal terminology can be synonymous.

Regulatory levels

The action can spread on several levels. There are federal acts - they are binding on the entire territory of Russia. There are sources of law of the constituent entities of the federation - they, in turn, apply to residents of certain regions, as well as to all persons (regardless of registration and even citizenship) who come to the constituent entity or temporarily reside in it. There are municipal legal acts that apply to residents of a city, county or district, as well as people who come there. Finally, there are local legal acts, which are specific in a narrow focus (they can regulate the activities of a department, corporation or any official).

Federal laws

Federal regulations are sources of law that are approved in a special order. They are endowed with the highest legal force in relation to regional, municipal and local legal acts. Federal laws have a subtype in the form of acts of a constitutional nature with a higher legal force (above - only the Constitution of the Russian Federation). This subtype of laws is adopted for the purpose of correct interpretation and development of the norms contained in the Constitution. They are designed to help the subjects of civil law have every opportunity to exercise the freedoms given by law.

Municipal legal acts

Each Russian municipality has the right to issue its own regulations. This is the main instrument of local government. Here are some examples of such acts. This may be the procedure for the implementation of some powers transferred to the executive body of the municipality from the city administration. For example, the mayor's office of Moscow may delegate to the Mitino district powers in the field of cultural and educational work with citizens.

These can be decisions on the approval of any Regulations, the responsibility for the implementation of which will lie with the municipality. For example, the Meshchanskoye district council in Moscow may approve the Regulation on how the practical solution of problems related to the development of the family will be carried out, in accordance with the Law of the City of Moscow "On vesting certain powers in the field of guardianship and trusteeship." Municipalities can approve various programs for the development of the infrastructure and social profile of the districts.

Local regulations

Let us recall the reasoning that we made above, which concerns the differentiation of the concepts of “normative” and “legal” act. According to some lawyers, the second type of sources includes documents of any non-state (not related to the authorities) nature. The most common example of such acts is documents in the circulation of corporations. They have several characteristics. First, they are accepted by the company itself. Secondly, they have the rule of law. Thirdly, they have an orientation: the entire organization or its separate structure (or several) falls under the instructions set out in the document. Examples of such legal acts: vacation schedule, order to approve pay slips. The effect of regulatory legal acts has clear signs of localization.

Western and Eastern traditions of lawmaking

Speaking about what normative and legal acts are, it should be noted that there are two historically established approaches to their preparation. Western, characteristic of Europe and to a certain extent for Russia, and eastern, characteristic of the Gulf countries, Asia, India and other states in those regions. The key point for the European tradition is the formalization of acts, the rule of law, and legitimacy.

In the East, the main source of law is tradition based on religious sources. In the West, there is a hierarchy of laws, the highest level of which is the Constitution (or a set of norms that replace it). In the East, there is an imperative in the form of traditional norms of law, the rest of the acts can be sufficiently free from hierarchy relative to each other, but they must necessarily correspond to the imperative source of law.

The main problems of the Russian legal system

Some lawyers say that the Russian legal system gravitates towards the Western tradition. This is confirmed by the fact that each normative legal act is at a certain stage - obeying legally stronger norms or mending those that are weaker. At the same time, as a number of experts point out, there is a lot from the East in Russian society - a disregard for the prescribed rules and norms, an orientation towards traditions. In the minds of many Russians, regulations are just "pieces of paper".

At the same time, there is another pole in society - the so-called "legal idealists" who strive to follow the law to the letter. As a result, Russia does not yet have a unified public standard for understanding the legal system.

Lawmaking

How are normative and legal acts created? Law - by whom is it written? The creation of regulations is often referred to as lawmaking, and there are several main ways to implement this procedure. Firstly, this is the legal work of state bodies. Secondly, it is the legitimization (giving legitimacy) by the power of legal customs that have existed for a long time. Third, it is lawmaking through direct democracy (for example, through a referendum). Lawyers name a number of the main principles of lawmaking - planning, expediency, consistency, democracy.

Legal technology as part of the legal system

Normative acts are sources of law, which, by definition, cannot be perfect, if only because society is changing and developing. In order for the acts to be as close as possible to realities, various types of legal techniques are used - means, methods and mechanisms for improving the sources of law. The main task of lawyers working in this direction is to make laws as understandable for people as possible, competent, transparent. There should be a clear logical relationship in the laws of different levels governing one area. There are four main types of legal techniques - lawmaking, systematizing, accounting and law enforcement. Lawyers believe that the normative acts of the Russian Federation should be improved within the framework of each type of technique.

How laws work

Different countries have national guidelines for how laws work. In Russia, this mechanism is described in the Constitution (Article 54). What does it say? First, the fact that no law establishing liability or aggravating it can be retroactive. Secondly, no one is responsible for actions that at the time of the commission were not an offense from the point of view of the current norms of the law. Thirdly, if, after the commission of an action that falls under the article of the law, new, softer norms are adopted, then they are applied. In turn, the principles of the operation of laws invariably common for all countries - focus on time, space and a specific circle of people (if we are not talking about society as a whole).

Every domestic lawyer knows one common truth: the life of the population of any state is regulated by law. But theorists support a different position. In their opinion, the law can be divided into several components, one of which will be positive law. This term includes the concept of legal practice, a set of regulatory legal acts and other elements that directly affect the life of society.

The most important role in the process of implementing the law is played by state regulations. This type of display of a legal norm has been the main one for several hundred years in a row. The problem is that not everyone can correctly state the essence of the concept of “normative legal act”. To do this, you need to understand not only jurisprudence, but also some theoretical issues of legal disciplines. Next, we will try to maximize the concept of ABOs, consider their types and methods of appearance.

What is ABO?

A normative legal act, or NLA, is a document of official significance, adopted by competent state bodies, other structures of social significance or by referendum. The procedure for their adoption is regulated by peremptory norms of legislation. The laws and regulations contain generally binding behavioral rules that are designed for an indefinite circle of people. Thus, the RLA is a form of implementation of law by the state through special normative documents, through which the regulation of public relations takes place. It should be noted that the regulations differ in their structure, as well as sources (bodies issuing legal acts).

Signs of ABO

State regulations differ from each other, but have common features characteristic of each of them, namely:


Any regulatory act has the above list of features. The absence of at least one of them deprives the NLA of legal force.

ABL in the countries of the Romano-Germanic legal family

Since the Russian Federation is in the group of states of the Romano-Germanic family, the concept of a normative act should be considered with this feature in mind. The regulatory legal acts of the Russian Federation are the main source of law in the state. Legal acts are issued in a certain order (using legal techniques), by authorized bodies, as already mentioned earlier. In addition, in Russia and the states of the Romano-Germanic legal family, normative acts form a system that has its own hierarchy. This fact allows us to speak about the classification of legal acts based on their legal force.

Types of regulatory legal acts

The classification of regulations can be made according to different criteria. Most often they are usually divided into bylaws and laws. There are also other types of legal acts, for example:

  • According to the object to which the act extends - the legal acts of general, limited and exclusive action. Normative acts of limited and exclusive action implement their norms only in the sphere of certain legal relations, without going beyond this framework.
  • According to the subject issuing the legal acts - acts of the legislative (constitutional federal laws, federal laws, laws of the constituent entities of the Russian Federation), executive (decisions and decrees), judicial power.

Also, in the theory of law, other criteria for normative acts are distinguished, however, the classifications presented above are generally recognized.

Laws and regulations: what's the difference?

Considering the fact that the Russian Federation belongs to the countries of the Romano-Germanic legal system, the division of the entire array of normative acts into laws and by-laws is the most popular classification. These two types have their own characteristics and characteristics. Laws have the highest legal force after the Constitution. These regulations can only be issued by the legislature. The adoption of the law takes place in a special order of lawmaking. They are also classified and, taken together, form the system of legislation in the country. It should be noted that the laws spell out the basic, most important norms of law that are generally binding. The bylaws have different characteristics. They are published by the executive authorities.

The norms of law enshrined in bylaws are considered to be based on the norms enshrined in laws and cannot contradict them. By-laws can be classified on the basis of the bodies that issue them, for example: regulatory legal acts of ministries, the president, departments, etc.

Lawmaking

Taking into account the fact that legal acts are a specific form of the implementation of the right or an official document, it is necessary to highlight a special procedure for their adoption, which is called "lawmaking". This term denotes a set of actions aimed at the preparation, adoption, publication of regulations. Lawmaking is a mandatory procedure, as a result of which regulations appear. It has features and certain stages, namely:

  1. Preparation of a draft normative act.
  2. Discussion of the project.
  3. Coordination of the project with the relevant authorities.
  4. Adoption of a normative act and its signing.
  5. The announcement of legal acts in official sources.

If we are talking about making laws, then the lawmaking process is slightly different. Lawmaking is carried out exclusively by the legislative authorities, and also includes the publication of laws and by-laws of the highest state bodies. In turn, lawmaking can be carried out by any authorized bodies.

Registration of ABO

In some cases, the issued normative acts of the executive authorities of the Russian Federation require state registration. This type of activity is the prerogative of the Ministry of Justice of the Russian Federation.
The registered acts are entered into the register of normative legal acts of federal executive bodies. Registration is mandatory and is carried out in cases where a normative act affects the rights and freedoms of citizens, their duties, changes the legal status of organizations and departments, and has an interdepartmental character. Before registering with the Ministry of Justice, the normative act is checked for inconsistencies with the legislation of the Russian Federation. If such facts are found, then the normative act is returned to the department for revision.

Expertise of acts of lawmaking

Expertise of regulatory legal acts can be carried out by the Ministry of Justice of the Russian Federation and, in some cases, by the Ministry of Economic Development. A general examination is carried out during the registration of normative acts, as mentioned earlier, as well as during lawmaking, because certain mandatory requirements are put forward to normative acts. NLA must be issued by authorized bodies, have the proper form, meet the goals and objectives set by the body, comply with federal laws and the Constitution of the Russian Federation. In the event that regulatory acts affect the interests of subjects of entrepreneurial or investment activity, their expertise is carried out by the Ministry of Economic Development. The purpose of the examination is to identify norms that impede entrepreneurial or investment activities.

International regulations

The state can conduct both domestic and foreign policy activities. In the process of interaction with other states, the question of the regulation of international relations arises.
Thus, international legal acts appear. The subjects of these acts are states, the object is relations between states regarding intangible and material benefits. International regulations can be of several types. For example, conventions, international treaties, recommendations, notes. Hence follows the fact that international legal acts are the main way of regulating relations between states, including the use of international legal norms.

Conclusion

In conclusion, it should be noted that today, many countries identify as the main way of influencing public legal relations, it is the NLA. Examples of these official documents, the procedure for adoption and features have been presented in this article.

The legal system of most modern states operates on the basis of normative acts. Sources of this type of law in the Russian legal system are represented in the widest range of varieties. Which authorities are responsible for the adoption of regulations in the Russian Federation? What is the specificity of the subordination of the relevant sources of law in terms of the comparison of legal force?

Normative acts in the system of sources of law

Normative acts are one of the most common types of sources of law in modern states. Depending on a particular country, they will be leading or combined with other categories, such as, for example, legal custom or judicial precedents. The main feature that characterizes normative acts is that they are published with the direct participation of political institutions (legislative, executive bodies). This means that in all cases they will have an official, generally binding character. Consider other signs that characterize regulations.

Signs of regulations

First of all, we note that the sources of law in question are of a law-making nature. The norms are established through them, adjusted or canceled. Another important feature of normative acts is that they are issued within the competence of a specific authority (for example, parliament). The relevant sources of law are in writing, and also have various details (if we talk about the Russian legal tradition, then among those - the type adopted by the body, the date and place of approval of the act, its number).

Normative acts should not contradict those sources of law, which have a higher legal force. They must also be public. Normative acts are sources of law aimed mainly at regulating relations in society as a whole or within a certain social group. If this or that act does not meet this criterion, then it is not correct to consider it normative.

Correlation of laws and regulations

Are law and regulation the same thing? It all depends on the interpretation of these terms, the options of which can be many. A law in the general legal sense is any source of law, including one that is based, for example, on legal customs. In this sense, the terms under consideration can act as synonyms, since any normative act in one way or another will be law. However, other interpretations of the concepts under study are also possible.

A law in the narrow sense is a legal act adopted by a representative body of power - the Parliament. At the same time, in the legal system of the state, there may be certain types of normative acts, in the development and approval of which the Parliament does not participate. If we talk about the Russian model, these can be Decrees of the President of the Russian Federation or Government Resolutions.

The decree of the head of state is a normative act, but not a "law" in the narrow sense of the word. And therefore, it is incorrect to identify the terms under consideration in this context. In turn, the State Duma and the Federation Council develop and approve legal acts classified as "laws", but in a narrower sense. Since they are considered normative acts, it is possible to identify the terms we are studying in this context.

Criteria for the legal force of a normative act

What is the legal force of the sources of law in question expressed? If we talk about the legal model that has formed in the Russian Federation, it can be noted that the normative acts of the Russian Federation in any case correspond to the principles determined at the level of the Constitution of the country, as well as the classification that is set forth in the main law of the state. The principle of subordination of sources of law is observed.

Classification of acts: Constitution

Let's consider what types of regulations are in the Russian legal model. The key law of Russia is the Constitution. The peculiarity of this normative act is that it is intended to ensure a balance of interests of various groups of society, as well as to formulate basic provisions reflecting the principles of the social contract between citizens and the state.

The Russian Constitution is a normative act characterized by the highest legal force. It establishes the key principles of government, which should be disclosed in regulations with a lower legal force. The specificity of the Constitution of the Russian Federation is that it is approved through direct voting by the citizens of the Russian Federation. The rest of the government bodies are formed in accordance with constitutional norms.

Classification of acts: laws

A step lower in relation to the legal force of the Constitution in the legal system of the Russian Federation are laws. They are government regulations passed by the legislature. In the Russian version, it can be federal or regional. Laws are characterized by a number of special features. Let's consider them.

First, it is assumed that the laws reflect the will of the citizens of the country, which is delegated through representative authorities. Secondly, laws are characterized by the longest duration of action in comparison with other regulations with less legal force. Thirdly, this type of normative acts of the Russian Federation are adopted in a special procedural order.

Laws in the Russian Federation are presented at two levels - federal and regional. Which are the first? At the top level are Federal Constitutional Laws. Further, two types of acts have equal legal force. Firstly, these are Federal laws - sources of law, adopted upon the approval of the Constitution of the Russian Federation in 1993. Secondly, these are laws (sometimes called "ordinary") - the sources of law, adopted before the basic law of the country was approved. Codes - Civil, Family, Tax and others refer to the Federal Law.

It can be noted that the Law of the Russian Federation on amendments to the Constitution plays a special role in the legal system of the Russian Federation. This act is characterized by significant restrictions in terms of the circle of persons who have the right to submit it for discussion in Parliament. It must also be approved by the constituent entities of the Russian Federation.

Let us consider in more detail the specifics of various types of Russian Laws, as well as other sources of law that may have signs of legal norms. Let's start with the Federal Constitutional Laws - the second most legally valid acts after the Russian Constitution.

Federal constitutional laws

These regulations are a tool for the state to regulate key social relations, which are discussed in the Constitution of Russia. A significant part of the FKZ is aimed at legalizing the status of key political institutions. In particular, such acts include the FKZ on the Government of the Russian Federation or, for example, on the Constitutional Court of Russia. Other FKZ regulate various legal states. These include the law that determines the conditions and procedure for the introduction of state of emergency in the state. Federal constitutional laws are the main source of law within the framework of precedents reflecting changes in the territorial composition of the Russian Federation - for example, when new subjects are admitted to Russia. In order for the FKZ to be adopted, at least two-thirds of the State Duma deputies, as well as three-quarters of the senators of the Federation Council, must vote for it.

Federal laws

These federal regulations are among the most numerous. In this case, FZ in practice can be presented in a fairly wide range of varieties. So, for example, a variety of Federal Laws are various Codes, which are systematized sources designed to regulate a particular area of ​​public communications.

Many Codes are considered fundamental acts in certain areas of social interaction. For example, the Civil Code of the Russian Federation is a normative act that has the highest legal force in the environment of civil legal acts. A similar role is played by the Budget, Family, and Tax Codes.

Ratification laws

It can be noted that in the Russian legal system there is a special type of normative acts - federal laws that ratify (or, conversely, denounce) various international agreements of Russia. These sources of law work in accordance with the provisions of the 15th and 106th articles of the Constitution of Russia.

The main feature of these regulations is that they have a higher legal force than laws adopted within the state.

Federal By-Laws

There are also by-laws in the Russian system. These can be decrees of the head of state, government decrees and other sources of law designed to supplement federal and other laws. Their legal force is lower than that of the Federal Law and FKZ, but the procedure for their adoption is much simpler: the President of the Russian Federation, for example, does not need to coordinate his actions with the Parliament. However, the head of the Russian state cannot issue a decree that directly contradicts the provisions of the Federal Law and the Federal Law on Laws.

Presidential decrees

The main role of the Decrees is to give the status of normative acts to the competences of the President of the Russian Federation, which are fixed in the 4th chapter of the Constitution of Russia. Decrees of the head of state are binding on the entire territory of the Russian Federation. They, as we have already noted above, should not contradict the Federal Law, the Federal Law on Laws, and, of course, the Constitution. It can be noted that some of the Presidential Decrees are classified as non-normative. At the very beginning of the article, we identified one of the criteria for classifying one or another source of law as normative acts - publicity. Accordingly, those Decrees of the head of state, the provisions of which do not imply this criterion (that is, aimed at a narrow circle of people), are considered non-normative. Such acts may be associated, for example, with resignations or appointments in the Presidential Administration and other authorities.

Government Decisions

A decree of the Government of the Russian Federation is also a normative legal act that belongs to the category of bylaws. They are published on the basis of the provisions of the Constitution of the Russian Federation, various Federal Laws or Decrees of the head of state. They are also mandatory in all regions of the country. At the same time, the President of the Russian Federation has the right to cancel the Resolutions of the supreme executive body of power if they contradict the basic law of the country (the Constitution), the Federal Law or the Decrees of the head of state. The Resolutions are executed within the scope of jurisdiction, which may relate to the Russian Federation or jointly to the Russian Federation and the constituent entities. Thus, the executive bodies at the federal and regional levels function within a single system.

Various ministries and departments work in the structure of the Government of the Russian Federation. They can also issue regulations. These can be instructions, letters, orders, regulations, etc. Their legal force is sufficient from the point of view of the compulsory execution by citizens and organizations involved in the sphere of legal relations, which is regulated by the relevant act. Sources of law that are published by federal bodies must be registered with the Ministry of Justice of Russia, and also subsequently published.

Regional laws

Russia is a federal state. This model of the political structure presupposes a fairly pronounced autonomy of administrative-territorial subjects - republics, territories, regions. Each of the regions of the Russian Federation has its own system of regulations.

Subjects of the Russian Federation in the status of territories and regions have Charters, those that are republics have Constitutions. Their role, on the whole, is similar to that of the fundamental law of Russia. That is, these legal acts fix the formation of political institutions, regulate key social relations. All legal acts approved on the territory of the subject must comply with the Constitutions and Charters. In turn, none of the acts adopted in the region should contradict any federal law or the Constitution of the state.

Regional laws are approved by representative authorities, in the formation of which citizens living in the subject of the federation participate. In some cases, these legal acts can be developed based on the criteria of joint jurisdiction. For example, if a particular law has been developed at the federal level, then its specificity may imply the issuance of acts ensuring its implementation by the parliaments of the regions. By analogy with the Decrees of the President and Decrees of the Government, the heads of the regions, as well as the executive bodies in the constituent entities, can issue their own normative acts.

Municipal laws

The Constitution of the Russian Federation stipulates that the system of local self-government in Russia should be separated from the state. Municipalities can create their own regulations within their competence. These can be various decisions, orders or, for example, orders. The greatest legal force is characteristic of the Charters of municipalities. Those acts that are issued by local self-government bodies are mandatory for residents of municipalities.

Corporate specifics

The term "normative act" can be applied not only in the aspect of state activity, but also in the sphere of civil legal relations. So, for example, there are regulations of an organization, an enterprise - commercial or not related to business. However, the subject of their conduct is extremely localized. Moreover, an enterprise can publish its own sources of law based on the provisions of a limited group of state regulations.

So, for example, Article 8 of the Labor Code of the Russian Federation gives organizations a similar right to publish their sources of law locally. The normative acts of organizations can be aimed at the implementation of certain norms of labor law in the structure of a separate company. For example, they can establish certain internal regulations in the organization, predetermine the technological aspects of employee interaction. In many cases, their adoption requires agreement with the trade union. Of course, locally adopted regulations should not contradict other sources of law in force in the country.