The concept of "legislative technique" is derived from two components - "technique" and "law". In the explanatory dictionary of the Russian language S.I. Ozhegova and N.Yu. Shvedova, the word "technique" is understood as a set of techniques used in any business. IN AND. Dahl understood technology as knowledge, skill, methods of work and their application to business, everyday life, dexterity. In the large encyclopedic dictionary, legal technique is understood as the aggregate connection of certain techniques used both in the development of the content and structure of the legal norms of the state, and in their implementation.

A. Nashits characterizes the legislative technique as a complex of methods and techniques designed to give an appropriate form to the content of legal norms. VC. Babaev argues that the legislative technique is a set of rules and techniques for the preparation, formation and publication of normative legal acts. According to K.K. Panko, the legislative technique is "a set of certain means, techniques, rules, which are used in lawmaking activities in order to ensure the high quality of its results, conditioned by the laws of the development of the legal system."

The presented positions of the authors indicate that among legal scholars there is no single position regarding the essence of the concept of “legislative technique”. Moreover, this term is often identified with the concept of "legal technique".

According to V.M. Raw, controversial position, according to which "legislative technique is a part of legal technique." S.S. Alekseev understands legal technique as "a set of tools and techniques used in accordance with the accepted rules in the development and systematization of legal (normative) acts to ensure their perfection." V.F. Lapshin defines legal technique as "a set of tools, techniques and rules developed in the process of scientific study and practical application, which are used by public authorities and management, as well as citizens in the implementation of law-making, interpretation and law enforcement activities within their competence." In turn, A.P. Kuznetsov and I.N. Bokova note that "in its substantive meaning, the concept of" legal technique "is broader than the concept of" legislative technique ", since it carries a deeper meaning."

It should be noted that recently, opinions have been expressed about the uselessness of the term "legal (legislative) technique". So, G.I. Muromtsev believes that the concept of "legislative technique" is ambiguous, which makes it problematic to use it as a scientific term. In this regard, V.M. Baranov notes that "the term legal technique is inaccurate, deeply contradictory and is used only by virtue of legal tradition." V.N. Kartashov considers it correct to operate with the concept of "legal technology", to which he refers to the components: legal technique (as a system of appropriate means), tactics (as a system of techniques, methods and methods of optimal legal activity), legal strategy (as scientifically based principles, long-term plans, forecasts and methods of activity).

As for the legislation of foreign countries, there is also no unanimity in the interpretation of the concepts under consideration. So, for example, in the countries of the Anglo-Saxon system of law, the concept of "legislative technique" is quite often used, "which is found at every stage of the legislative process (from legislative initiative to the publication of an adopted and approved law)." In turn, legal scholars of countries of the continental system of law differentiate between the concepts of "legal" and "legislative" technique, simultaneously operating with both terms. Meanwhile, there are also opposite positions. Thus, M. Oriu denies the concept of "legal technique" as inadequate to the importance and significance of law.

It seems that the identification of the legislative technique with the legal technique is not entirely accurate. The following arguments are given in favor of this: firstly, legal technique is a broader category in its subject matter, since it covers the process of “making” not only laws, but also other normative acts; secondly, it has to do with lawmaking, interpretive practice, and law enforcement. Therefore, it is worth adhering to the opinion established in the legal literature that, in relation to criminal legislation, it is most expedient to use the concept of "legislative technique" rather than "legal technique".

Often in legal literature, legislative technique is divided by content into legislative technique in the narrow and broad sense of the word. Thus, A. Nashits notes that in a broad sense, the legislative technique includes “both the development of solutions in essence, and the development of solutions, usually called technical solutions. In other words, it encompasses operations on the preparation of legal norms from the point of view of their essence, their content, and operations with the help of which decisions essentially acquire their specific form of expression ”. J. Daben believes that the concept of "legal technique" consists of the following stages: scientific research, when the search for solutions in essence is being carried out, and technical construction, when these decisions are dressed in the form that is convenient for their perception by social life. VC. Babaev connects the understanding of legislative technique with a set of rules and techniques for the preparation, formation and publication of regulatory legal acts.

A narrow understanding of the legislative technique correlates with the stage of “the actual technical construction of norms with its inherent technical means and techniques, for otherwise it would be impossible to understand how the specific methods by which the rules of conduct formulated by the legislator on the basis of cognition and assessment of legal factors acquire specific expression and specific functional ability ”.

Recently, in the legal literature, the most acceptable point of view has become "about the need to adhere to a narrow understanding of legal and legislative techniques, excluding the procedural aspects of one or another stage of the law-making process." In this regard, S.S. Alekseev understands legal technique as "a set of tools and techniques used in accordance with the accepted rules in the development and systematization of legal (normative) acts to ensure their perfection." According to K.K. Panko, “in the definition of the concept of legislative technology, contrary to its traditional understanding, only those signs should be reflected that give reason to call it lawmaking”.

It seems correct to believe that the concept of legislative technique in the narrow sense of the word “most adequately reflects its essence and significance in rule-making and law enforcement, including in the field of criminal law. It is unacceptable, on the one hand, to expand its scope at the expense of provisions of an organizational-procedural (procedural) nature, and on the other hand, to limit it to the verbal and documentary form of one or another regulatory legal order or the structure (structure) of a regulatory legal act and the components of the latter ".

No less controversial is the question of the components of the concept of "legislative technique". So, according to K.K. Panko, the essence of the legislative technique is a set of certain means, techniques and rules used in legislative activity. Moreover, the author divides the means of legislative technique into two groups: 1) means of structure, which are called rules, techniques and methods; 2) language means, which include terms, concepts, definitions, definitions and other linguistic rules of legislative technique. A.V. Ivanchin believes that the primary components of the legislative technique are means, methods and rules. S.S. Alekseev notes that in the theoretical interpretation of legal (legislative) technology, it is necessary to put forward its substrate, "so to speak, its substantive side - the means, and then the methods."

Without going into a terminological dispute, it should be noted that the main components of the legislative technique are means and methods. As for the rules of legislative technique, their attribution to the elements of legislative technique is not entirely correct, since in this case we mean the rule-making and law-enforcement technique, which “characterizes the use of technical means and techniques related mainly to the external form”. However, it is worth agreeing with A.L. Santashov is that technical rules in relation to technical means and techniques are secondary components. Meanwhile, this circumstance does not give grounds for excluding technical rules from the content of legislative technology, since the quality of the latter directly depends on what rules are used when applying technical means and techniques.

Legislative techniques are intangible instruments used in the creation of a law. VC. Babaev includes axioms, legal constructions, legal presumptions and fictions among them. In turn, E.V. Ilyuk, in relation to criminal law, distinguishes such means of legal technology as legal constructions (models) and terminology. According to S.S. Alekseev, terminology (language) and legal constructions are technical means in law. Yu.V. Gracheva considers legislative constructions, fictions, criminal-legal presumptions, legal terminology and definitions as a means of legislative technique. E.V. Krasilnikova claims that the legislator, when creating the norms of the criminal law, used such technical means as legal language, legal constructions, presumptions, legal axioms, fictions, and legal symbols.

Not being able to go deeply into this dispute, it should be noted that in relation to the current state of the general theory of Russian law in the science of criminal law, it is necessary to operate with the following means of legislative technique: axioms, presumptions, fictions, the language of criminal law, legal constructions, symbols.

Most often, in law, an axiom is understood as a truth that does not require proof due to its obviousness; the most stable rules, unchanged in their content, developed by socio-historical practice. A number of scientists have a negative attitude to the presence of axioms in law. So, for example, A.F. Cherdantsev believes that “law, even built on a scientific basis, is not a scientific theory, but a normative system. Its primary elements - norms cannot be considered as axioms or theorems, not only because these are not judgments, but also because some of them (axioms) do not serve to prove others (theorems), and these latter do not require proof, because they fully formulated by the legislator. "

Meanwhile, the overwhelming majority of legal scholars admit the existence of axioms in law. So, S.S. Under the axioms in law, Alekseev understands provisions that have the character of initial truths and do not require special proof in each case. In addition, the author notes that the objective basis of legal axioms is rooted in the laws, properties of special legal principles of law, and departure from them, their non-observance can lead to the fact that the law loses its features of the will, erected into law, i.e. ceases to be right. According to V.N. Kudryavtsev, axioms are “the main provisions and definitions of legal science. They do not give rise to doubts and do not allow other interpretations. All other categories of legal science are logically deduced from them, on their basis, all other categories of legal science are determined and developed. To the general features of the legal axiom of V.I. Kaminskaya considers that these are self-evident truths that do not require proof, resulting from the generalization of the centuries-old experience of social relations and human interaction with the environment. According to L.S. Yavich, axioms are ideas of legal consciousness, the truth of which does not require special proof and which serve as ideological prerequisites for the principles of law. A.I. Ekimov believes that the axioms are generally recognized requirements of justice, which from the point of view of morality must certainly become part of the current law. In his dissertation research on legal axioms, A.V. Maslennikov singles out the axioms in law, the axioms of law and the axioms of the science of law. So, under the axioms in law, the author understands "knowledge about the phenomena of the natural and social environment, accepted as true and involved, if necessary, in the process of legal regulation (when creating, interpreting, implementing legal norms) and in legal research." The axioms of law, according to the author, are "ideal fragments of legal matter, which are" clots "of legal experience, objectified in legislation, law-making, and law-making practice without assessing the truth." A.V. Maslennikov defines the axioms of the science of law as “scientific provisions, which in the logical and methodological terms are an element of the theoretical basis of scientific theories - the basic, initial provisions necessary for the construction of a given theory, and in the meaningful - the initial theories that fix the most important connections and relationships between the main concepts ".

Based on the above positions and opinions of legal scholars, it is worth noting that axioms are indeed inherent in law. Legal axioms are manifested in legislation, "being objectified in legal norms and principles." However, legal axioms establish only the most general rules, and therefore are always broader in terms of the content of both norms and principles.

The main features or properties of legal axioms should include, first, their truth (obviousness), i.e. an axiom is a generally accepted proposition that does not require proof. Secondly, the axiom is a centuries-old tradition, i.e. a judgment that has developed as a result of the generalization of centuries-old or even thousand-year experience. Legal axioms "find expression for the continuity in the dialectical development of law from one historical type to another." Thirdly, most legal axioms are inherent in universality, i.e. the rule of conduct, which is true, is accepted as generally recognized not only in any one particular state, but is such in most states, at least of a given legal family. Fourthly, it should be noted that the axioms reflect the rules of morality and justice. Axioms are "generally recognized requirements of justice, which, from the point of view of morality, must certainly become part of the law in force." And fifthly, in the field of lawmaking, legal axioms are used as a method of legislative technique that allows to rationalize terminology, as well as to explain the content of legal norms, procedural actions and court decisions in accordance with the logic of law.

Presumption translated from Latin means an assumption based on probability. Most researchers agree that the content of a presumption is facts and assumptions of a probabilistic nature, based on knowledge of the relationship between similar objects, phenomena and expressed in the form of a directly affirmative / negative inference that admits challenge. "At the same time, the contestability as a possibility of raising doubts can be considered as a circumstance that limits the scope of the use of the presumptive provisions." At the same time, it should be noted that there are opinions about the impossibility of the existence of presumptions in criminal law (M.S.Strogovich and others).

Many lawyers who have studied legal presumptions formulate their own definitions of this concept. So, N.F. Kachur proposed to consider as a presumption "an assumption enshrined in the rule of law, acting as a prerequisite for establishing (not establishing) one legal fact in the presence of others, and in some cases as a substitute for a legal fact entailing certain substantive consequences."

Ya.L. Stutin understood by presumptions any assumption, whether it is legal or factual, solely as a logical method of inference, with the help of which it is possible to deduce the existence (non-existence) of an unknown sought-for fact from another reliable known fact, if the unknown sought-for fact, according to an assumption based on generalizations of practice, is direct cause (effect) of a reliably known fact.

SOUTH. Zuev admits that there are presumptions in the criminal law. So, according to the author, the criminal-legal presumption is:

  • - the assumption of the presence (absence) of a legally significant fact, circumstance, enshrined directly or indirectly in the criminal law;
  • - based on the regularity of the relationship between similar supposed and existing facts, circumstances;
  • - a phenomenon confirmed by law enforcement practice;
  • - entailing criminal law consequences.

Many classifications of presumptions have been proposed in the legal literature. So, I.A. Libus divides them into factual (natural) and legal (legal), refutable and irrefutable. I.I. Malkhazov refers to the types of presumptions as everyday (generally accepted) and legal, contested and indisputable. SOUTH. Zuev classifies the presumptions into indirect and directly enshrined in the law; industry-wide, cross-industry, industry-wide; refutable and irrefutable; other varieties.

Based on the foregoing, it should be noted that there is no consensus in the legal literature on the classification of presumptions. Meanwhile, most scholars tend to distinguish two classifications of presumptions: refutable and irrefutable; indirectly and directly enshrined in the law.

As the main features of the concept under study, most authors name the probability of the position assumed in the presumption, taken as true. Moreover, such a probability should be taken for granted. The second feature, in the opinion of most authors, is the normative consolidation of the presumption. Recently, such a property of a presumption as its effectiveness has become increasingly important. Most authors agree that the effectiveness of a legal presumption is such a property of the latter, which is expressed in the balance of the goal of the presumed position enshrined in the rule of law and the means of achieving it.

KK Panko, not without reason, believes that the following presumptions exist in criminal law: 1) the presumption of knowledge of the law; 2) the presumption of innocence; 3) the presumption of the truth of the judgment; 4) presumption of liability; 5) the presumption of sanity; 6) the presumption of increased public danger of the act and the person who committed it (in complicity, in case of relapse, under aggravating and qualifying circumstances); 7) the presumption of reducing the public danger of the deed and the identity of the perpetrator (when committing a crime for the first time, in a state of emergency, under mitigating circumstances, etc.); 8) the presumption of loss by the person of public danger (due to reconciliation with the victim, the expiration of a certain time from the moment the crime was committed, etc.).

Fiction translated from Latin means fiction, fiction, non-existent, imaginary, false position. In the explanatory dictionary of S.I. Ozhegova, fiction is understood as a deliberately created, invented situation, a construction that does not correspond to reality, as well as a fake.

As rightly noted by K.K. Panko, legal fiction exists in two versions:

  • - as a method of legislative technique, which consists in the recognition of the non-existent as existing and vice versa;
  • - the property of the rule of law does not correspond to the needs of society.

Moreover, as a method of creating a legislative norm, fictions, according to the author, "are mandatory prescriptions and for their object of regulation they isolate those circumstances that are in a state of irreplaceable obscurity, giving them the meaning of legal facts."

A.I. Sitnikova understands legal fiction as "a technical-legal device, the application of which leads to the creation of legal norms containing deliberately conditional legislative formulas that do not correspond to reality." O.A. Kursova believes that legal fictions are "one of the special means of legal technique, with the help of which something that may in fact be false is taken as reality." Legal fiction is also understood as "an undeniable provision deliberately created by a law-making body, which may not correspond to reality and which is imperatively contained in the rules of law in order to cause certain legal consequences."

Within the framework of this research, legal fiction is of interest precisely as a method of legislative technique, the essence of which is the recognition of something that does not exist and vice versa.

In the system of means and methods of legislative technique, an important place is given to such a means as the language of the law. The following basic requirements are imposed on the language of law: simplicity and comprehensibility of the legal prescription, the accuracy of the presentation of the legislator's thoughts, the conciseness and consistency of the presentation of legal information, standardization (presentation by means of established word formations tested by practice), emotional indifference. A legal term is a word (phrase) used in the field of legislation and is a generalized name of a legal concept, which has the following properties: semantic uniqueness and certainty, functional stability, professional level of word use ^.

The peculiarity of the definition of a special name as an element of the terminological system of any theory, including the theory of criminal law, lies in the maximum abstractness and generalization of the called subject of thought. This terminological property allows the use of a word (unit of language) as an adequate special designation of phenomena, objects and signs of the surrounding reality.

The terms of criminal law, denoting the types of criminal acts, included in the titles of chapters and articles of the Criminal Code, call the situation of the crime as a whole with all its components: action (inaction) prohibited by law; an object; subject; subjective side, mode of action.

Until recently, little attention was paid to legal constructions. So, if a lot of works are devoted to the study of the concept, essence and types of corpus delicti, then the issues of constructing this very corpus delicti are often left without attention by legal scholars. But it is the criminal law structure that acts as the basis with which the corpus delicti is formed. The criminal-legal structure is nothing more than "ready-made standard samples, schemes in which the normative material is clothed." K.K. Panko defines legal constructions as a means of legislative technique as a complex of legal means that form typified models corresponding to the varieties of social relations. According to A.V. Ivanchin, “the criminal law structure is a means of internal legislative technique, which is a structural model of a group of homogeneous legal phenomena, a certain combination of elements of which the legislator fills with legally significant information, thereby regulating the corresponding type of these phenomena in criminal law”. Criminal legal constructions "contribute to the complete, gap-free, clear regulation of certain social relations or their elements." As A.F. Cherdantsev, the criminal legal structure of a crime “includes four parts (object, objective side, subject, subjective side), subdivided into elements (the objective side, for example, includes an act, consequences, a connection between an act and consequences, a method, tools, a situation , place and time). At the same time, some of the indicated elements can be divided into more fractional elementary units (elements of the second order) ”.

In the Big Russian Encyclopedic Dictionary, the word "symbol" is defined as follows "the same as a sign; characteristic of an artistic image from the point of view of its meaningfulness, expression of a certain artistic idea by it ”. O.E. Spiridonova rightly notes that in the science of criminal law there are symbols - objects of a crime, which should be understood as a conditional material carrier (sign), in which the content of the object of a crime is objectified.

As for the system of legislative techniques, lawyers also do not have a single, established point of view on this issue. So, R. Yering identifies three main methods of legal technology: legal analysis (alphabet of law), logical concentration, legal construction. According to A.V. Ivanchin, the techniques of legislative technique are "ways of constructing normative prescriptions, including those connected with the use of a certain means (techniques of notes, definitions, directly-defined and reference techniques)."

In turn, K.K. Panko notes that "when constructing individual articles of the criminal law, the best is the mixed formal-evaluative (constructive) technique developed by lawmaking practice, which presupposes the consistency of norms in the system of criminal law." A.V. Denisova proposes to include the following as the methods of legislative technique: abstract, casuistic, direct, blanket and reference, as well as methods of definition and methods of annotation. ”In the legal literature, other methods of legislative technique are also named, namely, unification and reservation.

It seems that in the aggregate, all of the above points of view make it possible to create an integral system of legislative techniques, which the author will use in the future when studying the norms on an unfinished crime. The elements of this system are the following methods of legislative technique: abstract, casuistic, direct, blanket and reference, definitions and notes. However, as L.L. Kruglikov, as the theory of law develops, researchers will identify other means and techniques - both already actually used by the legislator, and those that can be used for legislative consolidation, the legal expression of the legislator's will.

  • See: Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. M., 1997. P. 797.
  • See: V.I. Dal. The current dictionary of the living Great Russian language: in 4 volumes. M., 1882. T. 4.P. 404.
  • See: Big Encyclopedic Dictionary / ed. AND I. Sukharev, V.D. Zorkina, V.E. Krutskikh. M., 1998.S. 782.
  • See: A. Nashits Lawmaking. Theory and legislative technique. M., 1974. P. 144.
  • ? See: V.K. Babaev. The theory of Soviet law in lecture notes and diagrams: textbook, manual. Gorky, 1990.S. 60.
  • Panko K.K. Fundamentals of legislative technique in the criminal law of Russia: theory and legislative practice: author. dis. ... Cand. jurid. sciences. Saratov, 2006. P. 23.
  • See, nair .: Babaev V.K. Decree. op. P. 68; Vlasenko N.A. Fundamentals of Legislative Technique. A practical guide. Irkutsk, 1995.S. 70; Kerimov D.A. Culture and technology of lawmaking. M., 1991.S. 12.
  • See: V.M. Syrykh The subject and system of legislative technology as an applied science and academic discipline // Lawmaking technology of modern Russia: state, problems, improvement: collection of articles. Art. / ed. V.M. Baranova: in 2 volumes, N. Novgorod, 2001.Vol. 1.P. 15.
  • Alekseev S.S. General theory of law: in 2 volumes.Moscow, 1982.Vol. 1.P. 267.
  • Lapshin V.F. Legal and Legislative Technique: Issues of Correlation and Application in Criminal Law // Man: Crime and Punishment, 2009. No. 1. P. 90.
  • A. P. Kuznetsov, I. N. Bokova Methodological foundations of legal technology in modern Russian criminal law // Vestnik NNSU. Series "Right". 2003. Issue. 2.P. 299.
  • See: G.I. Muromtsev. Legal technology: some aspects of the content of the concept // Problems of legal technology. N. Novgorod, 2000.S. 24.
  • Baranov V.M. Foreword // Problems of legal technology. Moscow, 2000, p. eleven.
  • See: V.N. Kartashov. Legal technology, tactics, strategy and technology (to the question of the ratio) // Problems of legal technology: collection of articles. Art. / ed. V.M. Baranova. N. Novgorod, 2000.S. 22.
  • Lapshin V.F. Decree. op. P. 89.
  • See about this: A.P. Kuznetsov, I.N. Bokova. Decree. op. P. 299.
  • See: L.L. Kruglikov. On the concept of legislative technique // Problems of the theory of criminal law. Yaroslavl, 2010.S. 85.
  • In the same place. P. 90.
  • Nashits A. Lawmaking. Theory and legislative technique. P. 138.
  • See: J. Daben. Technique and Development of Law. Paris, 1935.S. 58-62.
  • See: V.K. Babaev. Decree. op. P. 68.
  • Nashits A. Decree. op. P. 138.
  • L. L. Kruglikov Decree. op. S. 90-91.
  • Panko K.K. Decree. op. P. 22.
  • L. L. Kruglikov Decree. op. P. 92.
  • Panko K.K. Decree. op. P. 23.
  • See: K.K. Panko. Decree. op. P. 26.
  • See: A.V. Ivanchin. Criminal legal constructions, their role in the construction of criminal legislation: abstract of thesis. dis. ... Cand. jurid. sciences. Yekaterinburg, 2003. P. 11.
  • Alekseev S.S. Decree. op. P. 267.
  • Gorshenev V.M. Methods and organizational forms of legal regulation in a socialist society. M., 1972.S. 248-249.
  • See: A. L. Santashov. Enforcement of imprisonment in relation to minors: issues of legislative technique and differentiation of responsibility: dis. ... Cand. jurid. sciences. Yaroslavl, 2006.S. 66.
  • See: A.V. Ivanchin. Decree. op. P. 11.
  • See: V.K. Babaev. Legal system of society // General theory of law: courses / ed. VC. Babaeva. N. Novgorod, 1993.S. 100.

Legislative technique- the most important component legal technique.

Legal technique - a set of rules, techniques, methods of preparation, drafting, execution of legal documents, their systematization and accounting.

The following are distinguished types of legal techniques: legislative (law-making) technique, interpretation, technique of systematization of regulatory legal acts, technique of accounting for regulatory acts, technique of individual acts, which is a set of specific means, rules and techniques for the most optimal legal regulation of social relations.

1. Means of legal expression of the will of the legislator :

- normative structure- the rule of law must be expressed in the form of a norm-prescription (hypothesis - disposition; hypothesis - sanction);

- system construction- the rule of law should be expressed in the form of a logical norm (hypothesis - disposition - sanction);

- industry typing- each rule of law must be placed in the corresponding branch of law.

2. Means of verbal and documentary presentation of the text of the document:

- requisites(name of the act, its title, date of adoption, entry into force, signature, etc.)

- structural construction- a certain order of arrangement of the material, its dismemberment and consistency;

- legal terminology- a set of words and phrases in which legal concepts are expressed;

- style of legal act- a system of techniques for the most expedient use of language tools in regulatory documents.

Legal techniques are:

1. Legal axioms- provisions, self-evident truths that do not require proof in the legal process (people are born free and equal in rights; you cannot be a judge in your own case; any doubt is interpreted in the interests of the accused; responsibility can come only for guilt; the law has no retroactive effect; no crimes without reference to that in the criminal law).

2. The concept of a regulatory legal act - an abstract social idea, built either on the basis of experience, or on a purely speculative basis, laid down as the basis of a normative act. This is a system of knowledge about a particular fragment of legally significant activity, a model of a legal phenomenon (the concept of citizenship in constitutional law, the concept of property in civil law).

3. Legal construction- an ideal model of public relations or individual elements regulated by law, serving as a method of cognition of law and public relations (the composition of the offense, the composition of the legal relationship, the legal entity, the composition of the transaction).


4. Legal symbol- this is a conditional image protected by the state, a distinctive sign, which is a visible or audible formation, to which the subject of law-making gives a special political and legal meaning, not related to the essence. This education. Legal symbols are a kind of means of formalizing legal content in order to give it clarity, definiteness, lapidarity and imagery.

5. Constitutional amendments- reception of legal technique, consisting in changing and supplementing the current Constitution. It is carried out in a special complicated procedure, established, as a rule, by the Constitution itself.

6. Classification- reception of legal technology, consisting in the subdivision of legal phenomena into groups, types and sections.

7. Notes in a regulatory legal act- a special technique of legal technique, which is an element of auxiliary graphics. It is used in the design of the content of non-standard, additional material and may contain legislative definitions, diagrams, tables, lists.

A special means of legal technique is legal disclaimer- a socially conditioned condition (statement, provision) that has a special normative and lexical form, which partially changes the content or scope of the rule of law, creates a new legal regime, acts as a form of reconciliation of interests and generates certain legal consequences.

Forms of normative expression of legal clauses - those agreements, terms and logical and linguistic constructions with the help of which clauses are expressed (established) in normative acts ("as a rule", "except for cases", "except", "at least", " if necessary ”,“ having in mind ”,“ regardless of ”, etc.)

Legislative technique concerns the rules, means, techniques and requirements for the formation and formulation of regulatory legal acts. Legislative technology is one of the main components legal mechanism of the lawmaking process, which is understood as a set of specific legal means of forming legal norms.

The legislative technique has two main purposes. First, it is rational, to adequately regulate social relations, to avoid gaps, to set out normative legal acts quite clearly, unambiguously, definitely and at the same time rather briefly, economically, to a certain extent uniformly, standardly.

Another goal of the legislative technique is focused on the subjects - addressees of normative legal acts and is to make the normative acts understandable enough, clear for the persons to whom they are addressed, so that they do not have doubts about their rights and obligations provided for by the normative acts.

There are three main groups of rules of legislative technique:

a) Rules relating to the external design of regulatory legal acts... Any normative legal act must have the appropriate details that would reflect its legal force, the subject of regulation, the scope of action, would give it formality - the name of the type of regulatory legal act (law, decree, decree, etc.), the name of the body that issued it , the name of the act, reflecting its content, the subject of regulation, the date and place of its adoption, registration number, signature of the relevant official, etc.

b) Rules relating to the content and structure of a normative act.

The regulation must have sufficient specific subject of regulation, and is designed to regulate homogeneous social relations. It should not regulate relationships of all kinds and types. Relations that are the subject of regulation of different branches of law should be regulated by special acts.

Normative legal act must not contain spaces, avoid exceptions and references as much as possible.

- The regulation of important issues of principle should not be obscured by issues of secondary importance. This must be facilitated by a certain structure of a normative legal act, which is based on a logically consistent statement of the act.

Large normative legal acts can consist of two parts, not counting the title: from the introductory (or preamble) and the operative. The preamble indicates the reasons, reasons, goals of the publication of the normative act. The operative part sets out the rules of law. The operative part at the end of the act may contain prescriptions defining the time and procedure for the entry into force of a normative act, as well as prescriptions canceling the actions of other acts. As for the laws of the Russian Federation, designed for a long period of validity, then usually the procedure for enacting laws, the abolition of other regulatory legal acts are determined, as a rule, by a special act.

Among the rules related to structure of the regulation, you can call:

Norms of a more general nature should be placed at the beginning of a normative legal act;

Homogeneous norms should be highlighted, presented in a compact manner, without scattering in different parts of the normative act; in large normative acts, they should be separated into chapters, sections, parts; each chapter, section, part should have a title.

Each chapter of a regulatory legal act consists of articles, which in turn can be subdivided into parts (clauses, paragraphs); the numbering of articles should be continuous, i.e. one numbering should go through all sections, parts and chapters. The numbering of articles should be constant and stable.

c) Rules and techniques for presenting the norms of law (language of regulatory legal acts).

- The language of the legal act- in the text of a legal act, elements of the professional language of jurisprudence, special legal concepts, terms, constructions must be organically combined with common words and verbal expressions of the modern literary language, as well as with professional terminology of a non-legal nature (such as biological agents and toxins, epizootics, etc. .).

The text of a legal act should not use verbal archaisms and neologisms, various figurative expressions, analogies, metaphors, ambiguous turns of speech, etc.

In general, a legal act must have a uniform style corresponding to the objectives, content and meaning of an official document that has legal force.

The main points of non-compliance with the rules of legislative technology can be expressed in the following:

1) when new regulatory legal acts are issued, the existing ones are not canceled or changed;

2) previously issued acts are canceled or amended without their precise and exhaustive enumeration;

3) changes in the existing normative acts are introduced by non-normative acts;

4) changes in acts occur without the simultaneous approval of the new edition of their respective sections or articles;

5) certain general rules designed for a long-term effect are included in operational orders or acts that are in effect for a limited period;

6) by sole orders, the effect of certain normative acts applies to social relations not provided for by these acts;

7) there is no necessary consistency and editorial coordination between acts issued on the same issue, which causes a contradiction of regulatory legal acts to each other;

8) the new act does not fully regulate the relevant issue, as a result of which a number of previous acts on the same issue cannot be completely canceled;

9) acts are presented in a complex, unclear language, suffer from unjustified verbosity.

The solution of problems related to legislative technology can be facilitated, in particular, by the following points:

1. It seems expedient to develop clear criteria for the quality of legal acts, identify typical legislative and law enforcement errors, form effective methods, ways to overcome them;

2. One of the effective measures to improve the quality of federal laws and laws of the constituent entities of the Russian Federation, the introduction of uniform principles and modern technologies could be "Model rules of lawmaking technology" and the Federal Law "On regulatory legal acts of the Russian Federation";

3. Permanent seminars held by leading scientific and educational institutions of the Russian Federation jointly with deputies of the State Duma, employees of the State Duma Apparatus, Government Apparatus and other persons involved in legislative activity could contribute to raising the professional level of persons participating in the legislative process.

INTRODUCTION

This teaching material of the course "Legislative Technique" is designed to give students initial information on the technique of development, writing and execution of texts of regulatory legal acts, as well as the technique of organizing and implementing the legislative process in legislative (representative) government bodies. In the classroom, taking into account the material presented in this publication, students will be expected to work practically with the texts of draft laws being considered by the State Duma.

The presentation of the material corresponds to the concept of legislative technology as a set of rules, methods, means and techniques (tools) used by the subjects of the legislative process to organize and implement legislative activity. At the same time, there are three main types of legislative technique: the technique of conceptual development of draft legislative decisions, the technique of writing and drafting the texts of draft laws, as well as the technique of organizing legislative activity. Each of these types corresponds to a special section of the textbook.

Almost all factual material is based on examples from federal law. At the same time, the basic rules, methods and techniques studied in this course, carried out in lawmaking, are universal in nature and are related to work (development, consideration, adoption and publication) of practically all types of regulatory legal acts issued in the Russian Federation. This also applies to different levels of rule-making activity: federal, subjective, municipal.

It is advisable to use teaching materials as a basis for studying the discipline "Legislative Technique". A list of literature, as well as normative legal acts, necessary for a deeper study of the course, is given in addition. Since there are very few textbooks on the subject "Legislative Technique", a wide list of literature is used in this teaching material and is recommended for independent study by students.

LECTURE No. 1

Legal technology as a science, as a methodology and as an academic discipline

Concept, object, purpose and content of legislative technique.

The development of the new system of legislation of the Russian Federation is proceeding rather complicated and contradictory in the context of the ongoing political and socio-economic reforms. The current situation imposes special requirements on the effectiveness of lawmaking, on the quality of the adopted laws and the entire system of legislation. The growing role of legislation is an objective regularity due to the complexity of the tasks facing Russian society.


A special place in the theory of law is occupied by the issue of the content and purpose of legislative (legal) technology, as well as the issue of the quality and effectiveness of individual legislative acts and the entire system of legislation. Legislative technology is based on a system of basic provisions, principles, while it is based on the laws inherent in other sciences: management science, logic, sociology, etc.

In the present UMK under legislative technique means a set of rules, methods, means and techniques (tools) used by the subjects of the legislative process for the organization and implementation of legislative activity. Considered only in relation to laws. The toolkit of the developer of regulatory legal acts (hereinafter referred to as the developer) is classified by subject (list of tasks and issues to be solved), purpose and content. Classification on these grounds allows us to distinguish three main types of legislative techniques: the technique of conceptual development of draft legislative decisions; writing and registration of texts of bills; implementation of legislative activity. Specialists also distinguish additional types of legislative techniques: the technique of making changes and additions to the current legislation; systematization of legislation; the publication of laws and some other types.

Along with the term "legislative technique" in the specialized literature, the term "legal technique" is also widely used. The concept of legal technique, with all the variety of existing definitions, should be attributed to the technique of writing and formatting the texts of regulatory legal acts. The toolkit used in legal technology is the most universal and practically applicable to any type of regulatory legal acts. The rules, methods and means of legislative technique are aimed at achieving all aspects of the quality of laws: legal, managerial, political and social. The toolkit of legal technique is aimed primarily at ensuring the legal quality of laws.

Objects of legislative technique are the texts of draft laws, as well as accompanying documents (explanatory note, financial and economic justification, etc.).

The subject of legislative technique are: the structure and technology of the legislative process, including the composition, content and sequence of its stages, stages and tasks, the conditions for their implementation, as well as requirements for the content and quality of their results; organizational structure - the composition and competence of the subjects of the legislative process; tasks, functions and organization of the legislative process management system, including such elements as goal-setting, regulation of procedures, planning of legislative work, coordination of actions of participants in the process, analysis of efficiency and improvement of the process; functions and organization of the system for supporting the legislative process, including legal, information and analytical, documentary, organizational and technical and other types of support; tasks and organization of the official incorporation of legislation - the publication on behalf of the competent state bodies of collections of current legislative acts, systematized in chronological, thematic or other order.

The purpose of legislative technique is to ensure the efficiency of the legislative process as a whole, i.e. compliance with the requirements for the effectiveness and consistency of legislation, as well as the optimal combination of its stability and the timeliness of introducing objectively necessary changes, subject to a number of conditions and restrictions related to the organization of the process itself, such as the completeness of the implementation of the constitutional rights of the subjects of legislative initiative, compliance with the officially established procedures, etc. The content of the rules, methods, means and techniques of organizing legislative activity synthesizes the achievements of legal sciences, primarily the general theory of law, state (constitutional) law, and sciences that study general issues of organizing complex activities, such as the theory of organizational systems, management, sociology etc.

The basic principles of legal technology include:

general principles of regulation (management) in relation to lawmaking:

a) the adequacy of the legal impact the essence of the problem situation and its compliance with state policy in this area of ​​public relations. To act in accordance with this principle means to ensure: compliance of the subject of legal regulation with the content and boundaries of the problem situation; provision of the necessary rights and the establishment of sufficient requirements for the subjects of legal relations; compliance of legal regulation with state policy in this area of ​​public relations;

b) completeness, non-redundancy and specificity of regulation... The application of this principle is intended to ensure the comprehensive satisfaction of the need for legal regulation, the absence of gaps and omissions in it, as well as unnecessary provisions in the texts of laws, which can be dispensed with;

v) minimization (absence or tolerance) of side effects as a result of legal regulation. The action of this principle is aimed at preventing (minimizing) the consequences (primarily negative) that are not directly related to the solution of this legal problem;

G) timeliness of regulation, which means the introduction of a legal act (its individual provisions) into force at the right time;

e) feasibility of legal impact or the availability of legal mechanisms, organizational and other appropriate resources;

principle of systematic regulation is intended to ensure compliance with the accepted structuring of the law to industries, sub-industries and institutions, as well as the established relationship of legal acts in terms of their legal force; consistency in purpose and consistency in the content of new and existing legal acts, compliance of the type of legal act with the competence of the authority that issued it; the presence of changes in the current legal acts related to the adoption of this legal act;

principle of precision, certainty and clarity the content and form of the established legal relationship: the adequacy of the expression in linguistic means of the essence (concept) of a legal decision, ensuring accurate understanding (interpretation) of the provisions of a legal act by all subjects of legal relations; the correctness of the execution of the act as an official legal document;

principle of creativity to the process of development, writing and registration of draft legislative acts. It is no coincidence that the process of developing draft normative legal acts is also called "rule-making", and the legislative technique in the 19th century. in Russia it was called “art of law”.

Despite the fact that the set of techniques for using linguistic means to express certain ideas in lawmaking is seriously different from expressive techniques and means in fiction, the text of a law is a work, i.e. product of creative thought and work of its authors.

Within the framework of the general requirements of legislative technique, the author of a bill can choose any words, the order of their arrangement, use different legal constructions and ways of presenting legal prescriptions. From this point of view, for the legislator, there are practically no rules of legislative technique, which he must strictly observe. Most of the rules of legislative technology are actually recommendations, and only a small part of them are mandatory requirements, since they were formulated as such in regulatory legal acts.

To implement the principles of developing legal acts in lawmaking, various elements of legal techniques are used, including such as:

application of certain modes (methods) of legal regulation, types of norms and the logical structure of norms. For example, such legal regimes as permissive, permissive, are characteristic of public and private law, certain branches of law and are focused on certain methods of legal regulation - permissiveness, obligation, prohibition;

the use of various ways of presenting prescriptions, classified according to the degree of generalization of the normative material, according to the completeness of the use of elements (hypothesis, disposition, sanction) of a legal norm, according to the "specialization" (definitive, evaluative, dispositive, etc.) of a particular article, according to the use internal and external links;

following the laws and rules of formal logic. The basic laws of logic (identity, consistency, excluded third and sufficient reason) are used in lawmaking for the construction of both legal acts in general and their individual parts and provisions;

use of a formal business style. Despite the fact that the texts of legal acts must comply with the general norms of the modern Russian language, the functional and stylistic features of the language of law presuppose an official character, documentary character, maximum accuracy, expressive neutrality, impersonal non-individual character, clarity and simplicity of linguistic expression of the provisions of a legal act; economical use of linguistic means, the predominance of the dynamic rather than the static side of phenomena;

compliance with the requirements for the terminology of legal acts, such as unity, semantic unambiguity, stylistic neutrality, consistency of terminology; prevalence and generally accepted, stability, availability, correctness of the terms used;

the use of legal structures, stable schemes and models that establish the relationship between the rights, duties and responsibilities of the subjects of legal relations;

adherence to certain rules for the use of details and registration of a legal act as a whole, as well as its structural parts, the use of additional structural and semantic elements, such as notes, tables, etc. So, at the beginning of legal acts, it is customary to place general provisions that can establish goals, objectives and basic principles of regulation, definitions of terms used. The final articles of regulatory legal acts include provisions on the timing and procedure for the enactment of an act, on the cancellation, amendments and additions of existing acts in connection with the adoption of this regulatory legal act.

3. Each specific object or phenomenon has a certain number of properties, the unity of which is its quality. In contrast to the philosophical approach to the category of "quality", which is characterized by neutrality in terms of value, the interpretation of quality in law has an evaluative character - high or low, appropriate or inappropriate quality of a legislative act, etc.

It seems expedient, in addition to the categories “quality of law” and “legal quality of law,” to single out as an independent scientific category “technical and legal quality of law”, which allows focusing the attention of scientists and specialists on various aspects of the legal quality of laws.

Even the great French philosopher Charles L. Montesquieu in one of his main works "On the Spirit of Laws" (1748), defining the concept of law as " necessary relationship arising from the nature of things”, Argued that the laws prevailing in public life should not be a product of the legislator's arbitrariness, but obey certain requirements.

A modern normative legal act, and in particular a law, is not a mechanical structure consisting of separate parts, but an integral and inseparable unity of qualities - legal, social, political, administrative. An analysis of the currently known rules and means of legislative technique testifies that legal science and lawmaking practice have developed the appropriate toolkit for the legislator, providing all aspects of quality law, and not only legal.

Thus, the technical and legal quality of a law is a set of properties of the form of a legislative act, which determine their compliance with the content and regulatory nature of the law.

The legal quality of an act largely depends on the quality of the activities of its developer (s). At the same time, the complexity of the legislative process, the presence of many stages, a large number of participants bring the problem of unification of rules to the fore... Otherwise, the draft law will change depending on the views of each next participant in the legislative process on the rules of legislative technology.

The quality of the law is characterized by the following properties and characteristics, so-called quality indicators2, such as:

functional suitability, i.e. normal operation of the law in accordance with the scope of its application;

reliability (safety, justified durability, the possibility of making changes). Security as a state of impossibility of the onset of harmful consequences for citizens due to the application of the law;

environmental friendliness as the impossibility of the onset of environmentally hazardous impacts from the application of the act;

law enforcement characteristics containing elements of legal and managerial quality (normativeness, consistency, consistency, clarity, accessibility, completeness of regulation, non-profitability, lack of psychological rejection);

aesthetics of the form and presentation of the content (compliance with the requirements of the modern Russian language, compactness, etc.);

ease of use of the act;

operational profitability - a reasonable level of costs in the process of applying the act.

At the stage of the development of the act, all these indicators are a common and permanent technical and legal goal of the legislator and their achievement should be ensured by strict implementation of all the rules and methods of legislative technology.

This is a system of rules and techniques for preparing drafts of normative acts that are perfect in form and structure, providing the necessary coverage of regulated issues, full and exact correspondence of the form of normative prescriptions to their content, accessibility, simplicity, and visibility of normative material.

Basic rules of legislative technique.

    Reducing to a minimum of regulations on the same issue;

    The absence of contradictions with the current regulatory acts and in the regulatory act itself;

    The logical sequence of presentation and the relationship of the normative prescriptions placed in the act;

    The presence in the act of legal means to ensure its observance (measures of encouragement, control, the procedure for resolving disputes, measures of responsibility for violation of legal regulations or reference to the existing normative acts establishing them, etc.);

    The use of the same, unified official attributes (name of the act, title, serial number, etc.) and structural parts (chapters, sections, parts, articles, clauses, etc.);

    The presence in the act of definitions of fundamentally meaningful terms (legislative definitions);

    Lack of reasoning, scientific statements, declarations, etc .;

    The language should be precise and concise, the same term should always be used to denote the same concept;

    The act should be stated in a simple, clear language, as short as possible, should not be used in the act of epithets, metaphors, figurative comparisons, quotations and ambiguous words and expressions;

    If necessary, simultaneously with the draft act, a draft resolution on the procedure for enacting the act is introduced. This project should reflect the cancellation (change) of previously adopted normative acts (or parts thereof), the commencement of the act, and other issues related to its implementation.

The concept and features of a regulatory legal act.

A normative legal act is understood as a document of public authorities containing the rules of law.

Signs of a regulatory legal act (differences from other documents):

1. Comes from the entire population (if adopted in a referendum) or from public authorities.

2. Contains the rules of law.

3. Created in a special, procedural order.

4. Drawn up in a certain way.

5. Forms a single, hierarchical system.

6. Necessarily brought to the notice of the population.

Classification of regulatory legal acts.

To streamline regulatory legal acts, various classifications and methods of systematizing regulatory legal acts are used.

Basis for classification:

1. The legal force of the normative legal act.

3. Subjects that issued the normative legal act.

4. The scope and nature of the normative legal act.

Legal force a normative legal act reflects its place in the hierarchical system of normative legal acts.

The greatest legal force is possessed by the Constitution of the Russian Federation - the fundamental law of the state.

The entire set of regulatory legal acts is divided into 2 subsets in terms of legal force:

2. By-laws.

1. Homogeneous regulatory legal acts.

2. Comprehensive regulatory legal acts.

Homogeneous normative legal acts contain legal norms related to one branch of law.

Comprehensive regulatory legal acts relate to different branches of law.

An example of homogeneous regulatory legal acts:

Labor Code of the Russian Federation

An example of a comprehensive regulation:

Federal Law "On Education".

According to the subjects that issued the normative legal act, there are:

1. Normative legal acts of the legislative authorities (laws).

2. Normative legal acts of executive authorities (by-laws).

3. Normative legal acts of the judicial authorities (decisions).

By the volume and nature of the action regulatory legal acts are subdivided into:

1. Acts of general action.

2. Acts of limited validity.

General acts apply to the entire population of the state.

Acts of limited action apply only to a certain contingent of persons (for example, refugees).

Laws: signs and types.

Signs:

1. Regulate the most important social relations.

2. Adopted as a result of a popular expression of the will in a referendum, or by legislative bodies.

3. Possess superior legal force in comparison with other normative legal acts.

In terms of legal force, laws are divided into:

1. The Constitution.

2. Federal constitutional laws

3. Federal laws.

4. Laws of the constituent entities of the Russian Federation.

By-laws and regulations: concept and types.

A by-law is a regulatory legal act passed by the executive authorities.

The following types of bylaws are distinguished in descending order of legal force:

1. Decrees of the President of the Russian Federation.

2. Resolutions of the Government of the Russian Federation.

3. Normative legal acts of federal executive bodies (ministries, state committees, federal services).

4. Normative legal acts of the executive authorities of the constituent entities of the Russian Federation.

6. Normative legal acts of local self-government bodies.

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

The effect of regulatory legal acts in time starts from the moment the normative legal act enters into force and ends at the moment of termination of the normative legal act.

The moment of entry into force of a regulatory legal act is determined by:

3. After a certain number of days have passed after the publication of the normative legal act.

Termination of a normative legal act is determined by:

1. By indicating that in a new regulation.

2. Upon the expiration of its validity period specified in the act itself.

As a general rule, the norms of a normative legal act begin to be applied to regulate public relations that have arisen after the entry into force of this act.

There are two exceptions:

1. If the retroactive effect of the act is directly indicated in the act itself.

2. Acts with norms of law that eliminate or mitigate criminal or administrative liability are retroactive.

The effect of regulatory legal acts in space is determined by the powers of the subject that issued the act.

Acts that are issued by federal government bodies are valid throughout the territory of the Russian Federation.

Acts that are issued by the state authorities of the constituent entities of the Russian Federation are valid only on the territory of the constituent entities.

In a circle of faces that are subject to the act, there are general and special acts.

The general ones apply to all citizens.

Special - for a certain category of citizens (pensioners, students, etc.).

Description of the main methods of systematization of normative legal acts.

Systematization - ordering.

Collision - collision.

Codex is a book.

There are the following main ways to systematize regulatory legal acts:

1. Incorporation.

2. Codification.

3. Consolidation.

Incorporation is a collection of existing regulations without changing their content.

Codification is an activity aimed at systematizing and radically revising existing regulatory legal acts by adopting a new codified act (when codifying, conflicts of norms from different regulatory legal acts are eliminated).

1. Fundamentals of legislation.

    Charters.

4. Regulations.

Consolidation is an activity aimed at combining many regulatory legal acts related to a certain area of ​​public relations into one consolidated act.

Consolidation is an intermediate step towards codification.

    Constitutional law

CONCEPT, SOURCES OF CONSTITUTIONAL LAW (KP) OF RUSSIA

KP occupies a leading position in the legal system of any state and is a legal

technical foundation for all other branches of law. This is determined by the subject

legal regulation of KP.

The subject of the KP is PUBLIC RELATIONS associated with the structure and activities of the economic and political systems of society, the structure of the state, the relationship of man and citizen with the state.

economic system of society + political system of society = social system

social system + state structure = constitutional system

state structure = 1 form of government

2.Form of the state structure

3.Political regime of the state

KP - a set of legal norms governing PUBLIC RELATIONS associated with the foundations of the constitutional system, the system and procedure for the formation of state bodies. power, the foundations of the legal status of a person and a citizen.

The main source of the norms of the Communist Party is the Constitution of the Russian Federation (CRF) of 1993, which is called the basic law of the state. This is determined by the legal properties of the CRF:

1Rule and supreme legal force of the CRF. It is an act of popular sovereignty and the legal basis for the existence of the state. Therefore, it ranks 1st in the hierarchy of regulatory legal acts. All other legal acts must not contradict the provisions of the RFC.

2. The constituent nature of the KRF. This means that none of the provisions of the CRF can be invalidated.

3. Direct action of the KRF. When there is no norm for ordering a certain situation, or

there is a conflict (clash) between the norms of other laws, the norms of the CRF can

apply directly and directly.

4..KRF is the core of the legal system of the state. Its norms are coordinated by the legislation of the Russian Federation.

The structure of the CRF is traditional for the constitutions of most states. It consists of 9 chapters:

1.Foundations 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 the judiciary

8.Local government

9.Constitutional amendments and revision of the Constitution

Along with the KRF, federal constitutional

1.About the judicial system

2 About the Government of the Russian Federation

3. About the Constitutional Court

4.About the Supreme Court of the Russian Federation

5.About arbitration courts

6. About the referendum and others.

2.Foundations of the constitutional system of the Russian Federation

The constitutional system is a way of organizing public and state

life in the Russian Federation.

In the preamble and chapter 1 of the CRF, the principles of the constitutional system in the Russian Federation are enshrined.

2.1 The organization of public life is based on the following principles:

    ideological and political pluralism

    secular state

    freedom of economic activity

    diversity and equality of various forms of ownership

IDEOLOGICAL pluralism means that no ideology can be established as state and obligatory (Article 13)

political pluralism presupposes the presence of various socio-political structures, the existence of political diversity, a multi-party system

The secular nature of the state means that no religion can be established as state and obligatory. Religious associations are separated from the state and equal before the law.

Freedom of economic activity - free movement of goods, services, finance, maintenance of competition, which is the basis of a market economy. At

this economic basis of the Russian Federation is private, state, municipal and other forms of ownership. The state not only recognizes various forms of ownership, but also protects them equally.

2.2 The organization of state power in the Russian Federation is based on the following. principles:

    democracy

    federalism

    rule of law

    separation of powers

    state sovereignty of the Russian Federation

    entry of the Russian Federation as a full member of the world community

POPULATION characterizes the Russian Federation as a democratic state and means

that the only source of power is the people of the Russian Federation (Article 3).

The Russian Federation as a federation consists of parts that have the status of subjects of the state (republics, territories, regions, autonomous districts, cities of federal significance - there are 89 subjects in total). Each subject has its own basic laws (constitutions, statutes).

The basic laws of the subjects may differ from each other (in this difference from

unitary states) But at the same time, the principle of federalism implies:

    state integrity of the Russian Federation

    the unity of the system of state. authorities

    delimitation of jurisdictions and powers between the state authorities of the Russian Federation

and state authorities of the constituent entities of the Russian Federation

    equality of the subjects of the Russian Federation in relations with the federal bodies of state.

authorities (Article 5)

RULE OF LAW is expressed in the supremacy of the Constitution and coherence

state law.

Horizontally, power is divided into 3 branches of government:

    legislative

    executive

    judicial

Power is divided vertically between state bodies. authorities of the Russian Federation and state authorities

subjects of the Russian Federation.

The sovereignty of the state is manifested in the supremacy of the state. power, its unity and independence.

RF yavl. a full member of the world community, she is a permanent member of the UN Security Council.

3.System of state bodies. authorities in the Russian Federation

State power in the RF is exercised on the basis of division into legislative, executive and judicial.

This division is made with the aim of:

1.Specialization of state bodies. authorities by function (development of laws, their implementation,

resolution of legal disputes)

2. Prevention of concentration, monopolization of power by one person, one state body. authorities

3. Balancing, restraining each other by various branches of government.

The state carries out its activities through state bodies. authorities.

State authority authorities are an organized collective that forms an independent part

state apparatus, endowed with its own competence, performing state functions, the activities of which are regulated by law.

Classification of state bodies. the power of the Russian Federation is carried out according to the criteria of belonging to one or another branch of government and and belonging to one or another level of government

(federal or subject of the Russian Federation)

The legislative branch of power is constituted by the representative body of the Russian Federation: Federal

Meeting and representative bodies of the constituent entities of the Russian Federation, the names of which are determined

in constitutions, charters of subjects (Moscow City Duma, St.

city ​​meeting, etc.)

The representative character of the Federal Assembly is due to the procedure for the formation of 2 chambers: the Federation Council and the State Duma.

The Federation Council (SF) is composed of representatives of the constituent entities of the Russian Federation, 2 from each constituent entity:

1 from the representative body of the constituent entity of the Russian Federation, the second from the executive body

authorities of a constituent entity of the Russian Federation (total 178 deputies from 89 constituent entities of the Russian Federation)

3 groups of questions:

1.Exclusive powers defined by Article 102 of the KRF

2.Legislative authority, which is that within 14 days the Chamber

must consider, approve or reject the law passed by the State. Duma

3. Powers for self-organization: the decision of the CF is considered adopted if more than half of the total number of deputies voted for it; for the adoption of federal constitutional laws - at least ¾ of the number of deputies must be in favor.

The State Duma consists of 450 deputies and is elected for a term of 4 years.

The powers of the State Duma are divided into:

1.exceptional (Art. 103)

2. Legislative, implemented in the form of adoption of laws

3. powers in the field of self-sufficiency of their activities: decisions are made by a simple majority of the total number of deputies who took part in the voting,

constitutional laws.

The executive power at the level of the Russian Federation is exercised by the Government of the Russian Federation (PRF), and at the level of the constituent entities of the Russian Federation by the governments of the constituent entities of the Russian Federation.

The legal status of the Government of the Russian Federation is determined by the Constitution of the Russian Federation, federal

the constitutional law "On the Government of the Russian Federation", federal laws, regulatory Decrees of the President of the Russian Federation.

The government operates within the term of office of the President. State The Duma may express no confidence in the PRF Chairman. After that, the President can agree with the decision of the State Duma and announce the resignation of the PRF. or not. PRF performs all state. functions: regulates economic processes, forms and implements the budget, implements social policy, ensures the rule of law, the implementation of human and civil rights and freedoms in the Russian Federation, defense, state security, conducts the necessary foreign policy, etc.

Along with the PRF, at the federal level, the system of executive authorities includes bodies of special competence: ministries, state committees, committees, federal

services of the Russian Federation and other bodies of use. authorities.

At the level of the constituent entities of the Russian Federation isp. power, along with the governments of the subjects, exercise

departments, committees, management and other bodies of isp. authorities.

The judiciary in the Russian Federation is exercised by the courts. Features of the judiciary:

1.the independence of the judiciary, its independence from other branches of government

2.the independence of the judiciary is ensured by the irremovability and inviolability of judges

3.administration of justice only by the court

4. competitiveness and equality of parties in court proceedings

5. publicity of the trial

Courts form the judicial system of the Russian Federation. The judicial system of the Russian Federation is established by the CRF and

KFZ "On the judicial system of the Russian Federation" Structure court. RF systems:

1.Federal Courts

2.Constitutional (statutory) courts and justices of the peace of the constituent entities of the Russian Federation

Federal courts include:

1.The Constitutional Court of the Russian Federation

2. The Supreme Court of the Russian Federation, the supreme courts of the constituent entities of the Russian Federation, district courts, specialized courts. All these courts form a subsystem of federal courts of general jurisdiction.

3.The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, arbitration

courts of the constituent entities of the Russian Federation. All these courts form a subsystem of federal arbitration courts.

The activities of the Constitutional Court of the Russian Federation are regulated by Article 125 of the KRF, KFZ "On the Constitutional Court of the Russian Federation"

The competence of the Constitutional Court includes ensuring the supremacy and direct action of the CRF throughout the territory of the Russian Federation, protecting the foundations of the constitutional order, fundamental rights and freedoms of man and citizen.

4. The constitutional status of a person and a citizen in the Russian Federation

The legal status (PS) of a person and a citizen is the totality of all the rights, freedoms and obligations legally enshrined in the Constitution of the Russian Federation and other normative

legal acts.

The fundamentals of the legal status of a person and a citizen, enshrined in the Constitution,

called constitutional status (CC). They form a relatively small

part of all rights, freedoms and obligations.

The rest of the rights and obligations are set out in other branches of law. (Civil, labor, family, etc.)

The Constitutional Court determines the position of a person and a citizen in the state and society. Structurally includes:

1. rights and freedoms

2.responsibilities

Other branches of law fix the rights and obligations in certain areas of activity (property, labor, family, etc.)

The COP is based on a trace. basic principles:

1. a person, his rights and freedoms - the highest value (Article 2) Recognition, observance and protection

human and civil rights and freedoms - the duty of the state.

2.Citizens from birth have equal rights and freedoms (Art. 6)

3. the exercise of rights and freedoms must not violate the rights and freedoms of others (Article 17)

4. fundamental rights and freedoms guaranteed by the state (Article 45)

GUARANTEES OF THE COP OF HUMAN AND CITIZEN

These are the conditions and means by which the implementation and protection of fundamental human and civil rights and freedoms is ensured.

The duty to guarantee fundamental rights and freedoms rests with the state and all

the system of state bodies (Art. 45, Art. 80).

Article 18 of the KRF states: human and civil rights and freedoms are directly applicable, which means that all laws, activities of state bodies. authorities and local self-government should be guided by human and civil rights and freedoms,

proceed from them, ensure and protect these rights and freedoms.

The person himself has the right to defend his rights in all ways that are not prohibited by law,

up to the appeal to the European Court of Human Rights in Strasbourg (Article 46)

Distinguish between general (political, socio-economic) and legal guarantees.

Legal guarantees are legal conditions and means enshrined in legislation that ensure the exercise and protection of human and civil rights and freedoms.

CONSTITUTIONAL RIGHTS AND FREEDOMS

A prerequisite for some rights and obligations is the citizenship of a person.

Citizenship is a certain political and legal state of a person, expressing

its legal affiliation to a specific state. Federal Law "On Citizenship of the Russian Federation"

Constitutional rights are such legally recognized capabilities of a person and a citizen, since can be realized through the use of an appropriate legal obligation on the part of the authorities and other subjects of law (the right to health protection and medical care, to housing, etc.).

Constitutional freedoms are such legally recognized capabilities of a person and a citizen that he can realize independently, without entering into legal relations with authorities and other subjects of law. The realization of freedoms implies only non-interference on the part of other persons and authorities (freedom of speech, religion, etc.)

Rights and freedoms are exercised at will. Reluctance to use them legally

not pursued.

CONSTITUTIONAL DUTIES

This is a certain type and measure of proper behavior prescribed and enshrined in the CRF.

For failure to fulfill obligations, the obligated entity may be subject to legal sanctions

CLASSIFICATION OF CONSTITUTIONAL RIGHTS AND FREEDOMS

By spheres of life (table 1)

personal (citizens

political

economic

social

cultural

associated with an individual,

private life

and belong

person from

birth

associated with

lich citizenship

to participate in the

management of state affairs

for private ownership

rationality and the possibility of its

inheritance

on the dwelling

to participate in

cultural life

nor, for the user

cult. uch-

releases,

to access

cultural

values

to defend honor

and dignity

to unite,

freedom of association,

parties, etc.

freedom of economic

mental activity

tities

for health protection

rovya and medits.

freedom of creativity

honors and teachers

to freedom and whether

pure untouchable

novelty

to meetings, mi-

tings, demonstration

walkie-talkies, processions,

picketing

for education

to the inviolability of the home

elect and be

chosen

to social

security

to freedom re-

movement and choice of place of residence

bodies

equal right

access to any

would be

to work in normal

minimal conditions

on untouchable

personal

petitions (addressing

niy) in the state.

freedom of thought,

for information

on favorable

new environment,

information about

her condition

freedom of conscience,

creeds

freedom of labor

criminal law

and process-

technical guarantees

CLASSIFICATION OF CONSTITUTIONAL DUTIES

1O. comply with the Constitution of the Russian Federation and the laws of the Russian Federation (Article 15)

2.O. to pay taxes and fees (Article 57)

3.O. preserve nature and the environment, take good care of natural resources (Article 58)

4.O. to defend the fatherland (Article 59) of the Federal Law "On conscription and military service"

5.O. the acquisition of basic general education by children (Article 43) Is assigned to the parents

or persons replacing them.

    Administrative law

CONCEPT, SOURCES (FORMS), SYSTEM OF ADMINISTRATIVE LAW OF THE RF

1.1 Administrative law (AP) of the Russian Federation is a branch of law, the norms of which regulate social relations that form in the process of organizing and operating the executive power of the Russian Federation.

Executive power = administrative power = public administration

Administration is a set of human, material, informational and other means designed to ensure, under the leadership of political power, the execution and application of laws.

In the AP, the imperative method is mainly used as a method of legal regulation. This method is used for control. Governance presupposes the presence of a governing and a governed party, their legal inequality.

      Sources (forms) of AP RF

      The AP RF has a complex composition of forms of law.

a) Acts of the Russian Federation

    The Constitution of the Russian Federation;

    Federal constitutional laws ("On the Government of the Russian Federation");

    Federal laws, codes ("On the fundamentals of public service", "On the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation", "On state social assistance", "On the police", "On licensing of certain types of activities", "Code RF on administrative offenses "and others);

    Resolutions of the Chambers of the Federal Assembly;

    Decrees, orders of the President of the Russian Federation;

    Resolutions, orders of the Government of the Russian Federation;

    Orders of federal executive bodies (ministries, committees, etc.);

    normative acts of the legislative and executive authorities of the constituent entities of the Russian Federation;

    orders, orders of heads of state enterprises, commanders of military units.

b) Acts of the authorities of the USSR;

c) Acts of the CIS adopted with the participation of the Russian Federation;

d) International acts.

      AP is one of the most complex and largest branches of law in terms of the volume of regulated public relations.

A specific feature of the AM is the presence within the industry of 2 related sub-sectors:

Material AP;

Administrative procedural law.

Material AP consists of general and specific parts. The general part includes the following main groups of legal institutions:

    defining foundations of the organization and activities of the executive branch;

    establishing AP - the status of AP subjects;

    ensuring the rule of law in the field of government.

The special part includes the following main groups of legal institutions:

    regulating intersectoral administrative and legal management;

    regulating administrative and legal management in the administrative and political sphere;

    - "" - in the economic sphere;

    - "" - in the social and cultural sphere.

Administrative procedural law includes the following main proceedings:

    in cases of administrative offenses;

    on proposals, applications, complaints of citizens;

    on disciplinary offenses;

    on arbitration cases in the field of management;

    on the application of measures of administrative restraint;

    in cases of incentives;

    conciliation proceedings.

2. Features of administrative and legal relations (APO)

APO subjects:

    individual subjects (citizens, citizens with a special AP-status);

    collective subjects (organizations, structural divisions of organizations, collectives of organizations, complex organizations).

The full administrative capacity of citizens arises from the age of 18. Persons who have reached the age of 16 are recognized as the subjects of some APOs.

APO classification

a) depending on the management objectives:

    regulatory;

    protective.

b) depending on the composition of the APO participants:

    in-house;

    off-hardware.

c) depending on the nature of subordination:

    vertical;

    horizontal.

3.Administrative offenses and administrative responsibility

An administrative offense (misconduct) is an unlawful, guilty act (inaction) for which the legislation provides for administrative responsibility.

Administrative liability is a type of legal liability, which is expressed in the application by authorized bodies or officials of an administrative penalty against a person who has committed an administrative offense.

For the commission of administrative offenses, the following administrative penalties may be applied:

    a warning;

  • repayable seizure of an object that was an instrument for committing an offense;

    confiscation of an object that was an instrument for committing an offense;

    deprivation of a special right granted to a citizen;

    correctional labor;

    administrative arrest.

The legislation of the Russian Federation may establish other types of administrative penalties.

Classification of measures of administrative coercion:

a) administrative and preventive (quarantine, medical examination, etc.);

b) restorative measures (eviction from illegally occupied premises, demolition of illegally erected buildings, etc.);

c) preventive measures (compulsory treatment, detention, etc.);

d) penalties (administrative penalties).

4 Legal basis for the protection of state secrets. Legislative normative legal acts in the field of information protection and state secrets.

The law regulates the following relations related to:

Referring information to the state. secret

Classification or declassification of information classified as state secrets

Protection of information classified as state. secret.

Gos.tayna - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation.

Legislative normative legal acts governing relations related to the state. secret are:

    Federal Law "On state secrets"

    Federal Law "On Security"

Subordinate legal acts:

    Decree of the President of the Russian Federation of November 3, 1995 No. 1203 with amendments from

        d. "On approval of the list of information classified as a state secret"

Decree of the President of the Russian Federation of November 1, 1999, No. 1467. "On the composition of the Interdepartmental Commission for the Protection of State Secrets by Position."

According to the Federal Law "On State Secrets":

    admission to the state. secret - the procedure for registering the right of citizens to access information constituting a state secret, and enterprises - to carry out work using such information.

    Section 2, Article 5 - a list of information that makes up the state. secret

    Article 8 on secrecy labels: information of particular importance, top secret, secret

    Article 9 on the procedure for assigning information to the state. secret

    Art. 21 on the procedure for admitting individuals and citizens to the state. secret

(these are additional responsibilities and benefits% salary increment)

    Art. 22-grounds for refusing a citizen of admission to the state. secret

    Art. 26-responsibility for violation of the legislation of the Russian Federation on state. secrecy (criminal, administrative, civil and disciplinary liability).

In total, there is a large number of legal acts to ensure the security of the state, state. secrets, secrecy regime.

5. Civil servants as subjects of administrative law.

The civil service as an institution of administrative law includes a large number of legal norms contained in various sources:

    Constitution of the Russian Federation

    Federal Law "On the Fundamentals of Civil Service in the Russian Federation"

    Federal Law "On the Police"

    Federal Law "On the Status of Judges"

    Labor Code of the Russian Federation

    other legal acts

Civil service is a professional activity to ensure the powers of government bodies.

Public position - position in government bodies formed in accordance with the Constitution of the Russian Federation with the established:

    terms of reference;

    responsibility for the performance of duties.

A civil servant who is a citizen of the Russian Federation who, in accordance with the procedure established by federal law, performs duties in the public office of the public service for monetary remuneration paid from the federal budget or from the budget of the corresponding constituent entity of the Russian Federation.

Basic rights of civil servants:

1.to familiarize himself with the documents defining the rights and obligations of the position held, the criteria for assessing the quality of work, the conditions for career advancement, the organizational and technical conditions necessary for the performance of his official duties

2. to make decisions and participate in their preparation in accordance with official duties

3. for promotion, increase in salary, taking into account the results of work and the level of qualifications

4. to submit proposals for improving the civil service to any authority.

The main responsibilities of civil servants:

1. to provide support for the constitutional system and compliance with the Constitution of the Russian Federation, the implementation of federal laws and laws of the constituent entities of the Russian Federation

2.Perform official duties in good faith

3. to ensure the observance and protection of the rights and legitimate interests of citizens

4. to keep state and other secrets protected by law, not to disclose information that has become known in connection with the performance of official duties, affecting the private life, honor and dignity of citizens.

Major restrictions related to public service.

A civil servant is not entitled to:

1. to engage in other paid activities, except for pedagogical, scientific and other creative activities;

2. to be a member of legislative bodies;

3. to engage in entrepreneurial activity personally or through proxies;

4. to take part in strikes;

5. to use their official position in the interests of political parties and other public associations.

    Civil law

1. Concept, sources (forms), the system of civil law (GP) of the Russian Federation.

1.1. SOE is a branch of law, the norms of which regulate property relations and personal non-property relations associated with them.

The state enterprise uses a dispositive method of legal regulation, which presupposes equality, autonomy of wills, property independence of subjects of civil legal relations.

Property relations are of 2 types:

    material relations- securing the ownership of the property to a specific person;

    commitment relationship- arise when property is transferred from one person to another.

Personal non-property relations are of 2 types:

      Directly related to property. Mostly I arise when creating objects of creative activity. For example, when a work is created, the creator has the right of authorship to the work. If the work is used by someone, then its author has a property right to receive monetary remuneration for the use of the work. Such relations are governed by the norms of the sub-branch of civil law - copyright.

      Purely personal relationship. They arise about the protection of human rights and freedoms, other intangible benefits. For example, in violation of privacy, in the protection of honor, dignity, business reputation.

1.2. Main sources (forms) of the RF GP.

    Constitution of the Russian Federation.

    Civil Code of the Russian Federation (3 parts).

    Federal Law "On Joint Stock Companies".

    Federal Law “On insolvency (bankruptcy) of enterprises”.

    Federal Law "On Protection of Consumer Rights".

    Federal Law "On Non-Profit Organizations",

other.

1.3. RF GP system.

The main subsectors of the RF GP industry:

    Ownership and other property rights.

    Obligations law.

    Inheritance law.

    Intellectual Property Rights.

    Personal non-property rights.

2. Features of civil legal relations (GPO).

2.1. GPO objects.

The objects of civil defense are:

    things and other property;

    works and services;

    results of intellectual activity (intellectual property);

    information;

    intangible benefits (life, health, business reputation, etc.).

2.2. The subjects of civil defense are:

    citizens;

    legal entities;

    RF, constituent entities of the RF, municipalities;

    Foreign citizens;

    stateless persons;

    foreign legal entities.

A legal entity is an organization that owns (economic management, operational management) separate property, is responsible for the obligations of this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court. Legal entities must have an official location (legal address), which is determined by the place of its state registration.

Classification of legal entities depending on the goals of their activities:

A. Commercial organizations - the main purpose of the activity is to make a profit.

    business partnerships (general partnerships, limited partnerships);

    business companies (joint stock companies, limited liability companies, additional liability companies);

    state and municipal unitary enterprises.

B. Non-profit organizations - do not have the main purpose of their activity to make a profit and do not distribute the received profit among the founders.

    consumer cooperatives;

    institutions;

    public and religious organizations;

    charitable and other foundations;

    associations of legal entities (unions, associations).

Determined by the subjects of the civil society.

As basic rights:

      the right (p.) to own property;

      n. inherit and bequeath property;

      n. to engage in entrepreneurial and any other activity not prohibited by law;

      n. create legal entities;

      n. make any transactions, participate in obligations and other rights.

2.4. Grounds for the emergence of civil rights and obligations:

    contracts and other transactions;

    acts of state bodies and local self-government bodies;

    court decisions;

    acquisition of property;

    creation of a work as a result of intellectual activity;

    causing harm to another person;

    unjust enrichment.

Under transactions means the actions of citizens and legal entities aimed at establishing, changing, terminating civil rights and obligations.

Transactions can be verbal or written.

Depending on the number of participants (parties) in transactions, they are:

    unilateral (for example, wills);

    agreements - agreements of two or more persons.

Basic requirements for contracts:

    freedom of contract;

    the presence of essential conditions:

a) on the subject of the contract;

b) those directly named in the legal acts, primarily the Civil Code of the Russian Federation, as essential for this type of contract;

c) all the conditions regarding which, upon the application of one of the parties, an agreement must be reached.

In the absence of an agreement between the parties on at least one of the essential conditions, the contract is considered non-concluded.

2.5. Civil legal capacity and legal capacity.

The legal capacity of citizens (individuals) arises from the moment of birth and ends at the moment of death.

The legal capacity of legal entities arises from the moment of creation (date of state registration) and terminates at the time of completion of liquidation (date of exclusion from the unified state register).

Full legal capacity of citizens arises upon reaching the age of 18. There are 2 exceptions to this rule:

    citizens who marry before the age of 18 become fully capable from the time of marriage;

    if a minor who has reached the age of 14 works under an employment contract, or is engaged in entrepreneurial activity with parental consent (emancipation).

Up to 6 years of age, a child is considered completely incapacitated. From 6 to 14 years old, a child is also considered incapacitated, but has the right to independently make small household transactions.

Minors from 14 to 18 years of age have partial legal capacity. They have the right to independently:

    make small household transactions;

    dispose of their income, exercise copyright;

    make other transactions with the written consent of the parents;

    bear property responsibility for their transactions;

    engage in entrepreneurial activity with parental consent.

2.6. Name and place of residence of the citizen. Acts of civil status.

Name is a means of individualization of a citizen as a member of the civil society. It includes the surname, first name and patronymic.

The name arises from a citizen from the moment the parents register the fact of the birth of a child in the civil registry office (registry office) and assign a name to him.

Upon reaching the age of 14, a minor can apply for a change in the name given to him by his parents.

A change by a citizen of a name is not a basis for a change in the rights and obligations acquired under the same name.

Citizen's place of residence- the place where he permanently or predominantly resides.

The legal significance of the place of residence is that an inheritance is opened at the place of residence of the testator, the place of fulfillment of the obligation depends on the place of residence, the place of residence may be important for determining the jurisdiction of cases, for declaring a citizen dead in the event of a long absence from the place of residence.

Acts of civil status are legal facts that, in accordance with the law, are subject to registration with the registry office.

These are the following legal facts:

    birth

    marriage

    name change

    adoption

    establishing paternity

    death of a citizen.

Registration of acts of civil status is carried out by making appropriate entries in the registration books of acts of civil status and issuing certificates to citizens on the basis of these records.

3. Ownership and other property rights.

Property rights are a measure of the possible attitude of subjects of civil defense law to things and other property.

The following basic property rights are distinguished:

    ownership

    business law

    operational control

    life-long inheritable land ownership

    the right to permanent (unlimited) use of a land plot

6. Easements-the rights of limited use of other people's land plots 7. the rights of family members of the owner of the dwelling.

The right of ownership is characterized by the fact that its owner has the most complete list of powers in relation to things.

These powers are:

    ownership of a thing

    right to use a thing

    the right to dispose of the thing.

The owners of other property rights do not have all the powers of the subject with the ownership right.

There are the following forms of ownership in the Russian Federation:

          private (citizens and legal entities);

          state (the Russian Federation as a whole and the subjects of the Russian Federation)

          municipal (urban, rural settlements and other municipalities)

If any object of civil defense belongs to several subjects of civil defense, then, regardless of the form of ownership, common property arises.

Distinguish between initial and derivative methods of acquiring ownership... The initial ones include legal facts for which there is no legal succession.

These are the following ways:

    acquisition of ownership of a newly created thing;

    acquisition of ownership as a result of processing a thing;

    acquisition of property rights to fruits, products, income received as a result of the use of property;

    ownership of things that are generally available for collection (berries, mushrooms, fish, etc.);

    acquisition of ownership of ownerless property;

    acquisition of property rights as a result of acquisitive prescription (real estate - 15 years, other - 5 years)

The main derivative methods of acquiring ownership:

    acquisition of property rights under an agreement (purchase and sale, exchange, donation) or as a result of another transaction on the alienation of property;

    inheritance by will or law;

    the acquisition of ownership by a member of a consumer cooperative to a cooperative object after the entire amount of the share contribution has been paid;

    privatization of state and municipal property.

The termination of the property right, as well as its acquisition, is conditioned by the presence of certain legal facts (grounds).

Often, the basis for the emergence and termination of property rights is the same legal fact, for example, a sales contract.

Ownership is terminated in the following cases:

    when the owner of his property alienates other persons;

    in case of the owner's voluntary renunciation of ownership;

    in case of death, destruction of property;

    in case of compulsory confiscation of property from the owner in the cases provided for by law:

a) on a reimbursable basis in the case of alienation of real estate in connection with the seizure of a land plot, in the case of the buy-out of domestic animals in case of improper treatment with them and in other cases;

b) gratuitous seizure in case of confiscation, foreclosure of property for obligations and other cases.

4. Law of Obligations.

This is a sub-sector of civil law, the norms of which regulate relations related to the economic turnover of property and other objects of civil law.

An obligation is called a GPO, by virtue of which one person (the debtor) is obliged to perform a certain action in favor of another person (the creditor) (transfer property, perform work, pay money, etc.) or refrain from a certain action, and the creditor has the right to demand from the debtor of the performance of his duties.

The grounds for the emergence of obligations were discussed in clause 2.4.

The plurality of persons in the obligation implies that several persons simultaneously act on the side of the creditor (debtor) or on both sides.

At the same time, obligations with a plurality of persons are divided into share (when each of the participants has the rights and bears obligations in the obligation only within a certain share) and joint and several (when each creditor has the right to demand, and each debtor is obliged to fulfill the obligation in full).

The performance of an obligation is understood as the debtor's committing an action (or abstaining from an action) that is the subject of the obligation.

Termination of an obligation means the termination of the rights and obligations arising from this obligation.

The main way to terminate an obligation is the proper performance of the obligation (i.e., such performance that complies with the terms of the contract, the requirements of the regulatory legal act), and in the absence of such requirements, it complies with the customs of business.

Other ways of terminating the obligation are:

    termination of an agreement;

    provision of compensation in return for execution (payment of money, transfer of property, etc.);

    offset of a single-row counter claim;

    debt forgiveness by the creditor;

    impossibility of execution;

    novation (replacement of a contract with a new contract);

    issuance of an act of a state body;

    liquidation of a legal entity;

    death of a citizen (for personal obligations).

For non-fulfillment or improper fulfillment of obligations, the debtor is subject to civil liability.

5. Inheritance law.

5.1. Inheritance law is a sub-branch of civil law, the norms of which regulate relations associated with the transfer of property rights and obligations after the death of their owner (testator). In this case, the persons (person) to whom the property of the testator is transferred are called heirs (heir).

The inheritance includes things and other property, including property rights and obligations, belonging to the testator on the day of opening the inheritance.

The inheritance does not include the rights and obligations that are inextricably linked with the personality of the testator (for example, the right to alimony, the right to compensation for harm caused to the life and health of a citizen), as well as personal non-property rights and other intangible benefits.

The basis for opening an inheritance is the death of a citizen or the announcement by a court of a citizen as deceased.

The place of opening of the inheritance is the last place of residence of the testator. The day of the opening of the inheritance is the day of the death of the testator.

Types of inheritance.

Depending on the basis, inheritance is carried out:

a) by will;

b) by law (when there is no will).

5.2. Features of inheritance by will.

A will is a unilateral transaction that creates rights and obligations after the opening of the inheritance.

The most important condition is the freedom of will. The testator has the right, at his discretion:

    to bequeath property to any person, both included and not included in the circle of heirs by law;

    in any way determine the shares of heirs in the inheritance;

    to deprive heirs of inheritance by law, without specifying the reasons;

    dispose of all or part of their property;

    draw up one or more wills;

    revoke or amend a perfect will.

The will must be made by the citizen personally. Making a will through a representative is not allowed.

5.3. Features of inheritance by law.

In the absence of a will, the so-called heirs by law are called to inherit in order of priority. On the basis of the Civil Code of the Russian Federation, heirs are presented in the following order:

    Heirs of the 1st stage: children, spouse, parents of the testator;

    Heirs of the 2nd stage: full and half brothers and sisters, grandfather and grandmother on the part of father and mother;

    Heirs of the 3rd stage: full and half brothers and sisters of the parents;

    Heirs of the 4th stage: great-grandfathers and great-grandmothers;

    Heirs of the 5th stage: children of native nieces and nephews, brothers and sisters of grandfathers and grandmothers;

    Heirs of the 6th stage: children of cousins ​​and granddaughters, brothers and sisters, grandparents;

    Heirs of the 7th stage: stepsons, stepdaughters, stepfather, stepmother.

The heirs of each queue are called to inherit if there are no heirs of the previous queues.

Heirs of the same line shall inherit in equal shares, with the exception of heirs who inherit by right of representation.

Inheritance by the rule of representation: the share of the heir by law, who died before the opening of the inheritance, passes by the right of representation to his descendants and is divided equally between them.

5.4. The rights of the heir to accept, dispose of the inheritance.

Heirs by will or by law have the right to:

    Accept the inheritance (submit an application to a notary at the place of opening of the inheritance and after 6 months from the date of opening the inheritance, receive a certificate of the right to inheritance);

    Refuse the inheritance (submit, within 6 months from the date of opening the inheritance, an application to the notary at the place of opening of the inheritance to refuse the inheritance).

Accepted inheritance is recognized as belonging to the heir from the date of opening the inheritance. Acceptance of inheritance on condition or with reservations is not allowed.

6. Civil liability.

Is one of the types of legal liability. Civil liability means unfavorable property consequences for the person who committed the civil offense.

The peculiarity of this type of legal liability is that it is always of a property nature.

The composition of a civil offense is formed by the following general conditions:

    wrongfulness of behavior (action, inaction). It means that it contradicts the norms of law, violates the subjective civil rights of others.

    the occurrence of harm (loss to the victim). Harm is understood as the diminution or destruction of a subjective civil right or good. Harm can be property or non-property. The monetary value of property damage is called losses.

    a causal link between unlawful behavior and the resulting harm. Only a direct link between behavior and harm is of legal importance, when one phenomenon arises from another.

    the guilt of the harm-doer. Guilt is always assumed, so the offender himself must prove its absence. In this case, the case and force majeure are among the circumstances that, as a general rule, release the debtor from civil liability.

Depending on the grounds for the emergence of civil liability, there are:

    contractual liability (arises in connection with non-performance or improper performance of the contract);

    non-contractual liability (arises directly from the offense, in the absence of an obligatory relationship between the violator and the victim).

The main forms of civil liability:

    Payment of forfeit. A forfeit (fine, penalty) is a sum of money determined by law or by a contract, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation.

    Compensation for damages. Applicable unless otherwise provided by law or contract.

Losses = real damage + lost profits.

Real damage is the loss or damage to property, as well as expenses that the person whose right has been violated has made or will have to make in order to restore the violated right.

Lost profits are the unearned income that a person would have received under the normal conditions of civil turnover if his right had not been violated.

So, for commercial organizations, lost profit is unearned profit, and for citizens - unearned wages or other income.

A law or agreement may indicate specific options for the form of liability, when the following are recovered:

    only forfeit without loss;

    losses in full in excess of the forfeit;

    either forfeit or damages at the option of the creditor.

The law establishes the principles of full compensation for losses. But in some cases directly provided for by law, compensation for losses may be limited (for example, the carrier's liability is limited to the value of the lost or damaged cargo).

    Labor law

Starting the conversation about the legislative technique and its components, it should be noted that in the general theory of law and the state, there are different approaches regarding the understanding of this term. For example, Professor V.M. Syrykh noted that the legislative technique includes a sufficiently developed system of requirements for official details, structure, content of a regulatory legal act, systemic relationships of norms, both within the law and with other legislative acts, to the style of law 81. Professor Yu.A. Tikhomirov also revealed the concept of legislative technique through a system of certain rules. At the same time, he subdivided these rules into two types of cognitive-logical and normative-structural formation of legal material. In addition, in the definition under consideration, he identified six interrelated elements: a) cognitive and legal; b) regulatory and structural; c) logical; d) linguistic; e) documentary and technical; f) procedural 82.

The very concept of "legislative technique" is included in another, broader concept - "legal technique", which includes not only a set, or rather, a system of techniques, rules and means aimed at preparing, adopting, changing or canceling committed the form, structure and content of laws and by-laws, but also individual legal acts, as well as acts of official interpretation of law.

The analysis showed that in understanding the legislative technique, two approaches can be distinguished - "narrow" and "wide". The position of the supporters of the first is based on the fact that legislative technique is understood as a system of rules, techniques and means of preparing normative legal acts that are perfect in form and content, the meaning of which will be clear to everyone. This position is widespread in legal science, and it is shared by many legal scholars. The advocates of the "broad" approach understand the doctrine of the legislative system, its structure, forms and methods of its construction by legislative technique. Such a broad understanding of the legislative technique back in the early 80s. criticized A.S. Pigolkin. In particular, he noted that with this approach, almost the entire theory of law is included in the subject of legislative technique. Legislative technique, according to A.S. Pigolkin, covers the purely technical aspects of the preparation of draft normative acts, which should be understood as everything that is not directly related to the content of the projects being prepared, but is of an applied nature and concerns the external design of such projects, the methodology for their preparation 83.

Sharing this point of view, it should be noted that the main means of legislative technique include: normative structure, legal constructions, sectoral typification, legal terminology.

The normative structure assumes that the internal structure of a legal norm contains, not only the rules of behavior (disposition) and those living conditions under which these rules begin to operate, but also provides for the presence of legal consequences: punitive, incentive, restorative, etc. This structure is necessary so that any person without special education could read the rules of conduct expressed in the normative act.

Nevertheless, today the legislative technique in the construction of the rule of law goes in two opposite directions. On the one hand, there is a differentiation of legal norms. So, for example, in codified acts, it is widespread to place hypotheses in the general part of codes, which prevents their numerous repetitions in articles of normative acts and contributes to the economy and compactness in the presentation of normative material.

On the other hand, such a means of legislative technique, which contributes to the integration of legal norms, as a normative structure, which assumes that the internal structure of a legal norm should contain, not only the rules of behavior (disposition) and those living conditions under which these rules begin to operate, is increasingly used. but also to provide for the presence of legal consequences: punitive, incentive, legal restorative. This structure is necessary so that any person without special education could read the rules of conduct expressed in the normative act. The use of such a legal technique as a normative structure is typical for the preparation of such bylaws as presidential decrees, as well as departmental normative acts, that is, normative acts of such federal executive bodies as federal ministries and federal services.

Another means of legislative technique are legal constructions. They are templates used by the competent authorities in the development of legal documents. So, for example, the Ministry of Internal Affairs of Russia has developed unified samples of basic regulatory legal acts, with the help of which performers can determine the desired form of the draft of the act being prepared and build it correctly. These samples, if used correctly, will help improve the quality of departmental regulations.

Sectoral typification helps a lawyer to attribute a normative document to one or another system of norms governing a certain sphere of life, that is, to the branch of law (civil, financial, etc.).

Legal terminology is a means of legislative technique, with the help of which specific concepts acquire verbal expression in the text of a normative act. Being the primary material for the creation of legal norms, legal terms have a cross-cutting meaning in legal technology. Using legal terms, the state, represented by its authorities, speaks the language of law and expresses its will, that is, it establishes all kinds of prohibitions, imposes certain duties on legal entities and individuals and their associations, and provides opportunities for the realization of rights and legitimate interests.

In the legal literature, legal terms are subdivided into commonly used terms that are used in everyday speech and are understandable to everyone, and specially legal terms that have special legal content (letter of credit, liability, statement of claim, etc.), such terms serve to denote legal concepts, expressions of legal constructs, industry typing, etc. Thus, special legal terms are a transitional link from regulatory prescriptions to more complex layers of legal matter. When preparing drafts of normative acts, the Normator also uses technical terms that reflect the area of ​​special knowledge of mechanical engineering, energy, etc. Technical terms are widely used in such documents as: safety rules, rules for blasting and mining, rules for the examination of technical solutions, etc.