The effect of civil law in time, space and in terms of persons is an important issue. Despite the apparent ease of its resolution, it is not so simple, as evidenced by judicial practice.
The concept of civil law
Civil law - a set of acts of a different hierarchy, ensuring the regulation of public relations, built on the equality of parties, freedom of contract and other principles that characterize civil law.
The concept of legislation includes a wide range of documents:
• Constitution.
• Civil Code.
• Laws partially or fully related to civil law.
• Presidential decrees.
• Acts of government (decrees, orders, etc.).
• Acts of regional authorities (laws and regulations of legislative assemblies, acts of the executive branch).
• Acts of municipal authorities.
As you can see, the effect of civil law in time is a significant issue, because it is an abundance of documents affecting the rights of many people.
Acts repealing or amending previously adopted laws and regulations are also part of the legislation. They are subject to the same rules of action.
What causes problems
Normative acts are adopted at different times, first laws, then by-laws. From time to time, you have to change something in existing acts. Sometimes a document has not yet entered into force, and its shortcomings are revealed. Therefore, on how the issue of the effect of civil law is solved in time, it depends which normative act to apply. Most often, difficulties arise due to the inability to fully monitor changes in current acts and the rules for their entry into force.
Acquisition of law by force
In short, under the action of civil law in time, we mean the time frames for its application.
The project becomes law 10 days after its publication in one of several print media, a separate publication procedure is also provided on the Internet on the “State Information Right Portal”.
A similar procedure is provided for the regions. The law is signed by the head of the entity and sent for publication to the local press office responsible for issuing official information.
In the country only laws that have been officially promulgated apply.
Postponement of action
The effect of civil law over time can be carried forward. Laws take effect from the moment stipulated by law, for example, 6 months after publication. This often happens with Codes and other relevant laws. Their entry into force is often associated with the need to restructure the work of the state apparatus.
Acts of tax legislation, for example, take effect no earlier than six months after adoption.
Thanks to this, the participants in the tax process are spared from sudden changes and the risk of committing violations that entail fines and other sanctions.
Deferral is also characteristic of by-laws. For example, in order to enforce the law, an act is issued that approves the form of a new document or describes the procedure for the actions of obligated persons after the changes that come into force.
"Experiencing" the rule of law
The order of civil law in time has another feature.
The law can be repealed, but to extend the effect of its norms in some cases. For example, the procedure for establishing paternity according to the BSC, which was canceled in 1996, for children born from 10/01/1968 to 03/01/1996 was preserved. This is despite the fact that the norms of the new UK are now in force. And there are many such examples.
Legislative acts continue to regulate relations that arose before their repeal. For example, marriage took place before CoBS was canceled in 1996 and the new UK became effective. This means that the legality of marriage will be assessed when filing a claim in terms of a previous law.
Reverse action
The action of civil law over time is directed exclusively to the future. So, for example, the bulk of the norms of the Civil Code counts its effect from 01.01.1995. Exceptions may be provided, but they are rare. The regulatory system built in this way allows the legal field to exist continuously and to avoid confusion.
Regulations
Presidential acts shall be effective immediately or from another date indicated there.
With the documents of the Government and departments the same situation. In addition, if a normative act affects the rights and interests of citizens or is issued jointly by several departments, it must be registered with the Ministry of Justice. It includes verification of compliance with the Constitution and laws.
Verification is mandatory for all acts, except for decrees of the President, his orders, decrees and orders of the Government.
Thus, the effect of civil law in time, in space and in terms of persons, if we talk about by-laws, is subject to the same rules as the laws.
A normative act that has been registered but not published is also not legally binding.
Action in space
The will of the legislator is limited by the borders of the state. In addition, the territory of the country include ships, rivers and aircraft. They continue to be subject to the laws of the country to which port they are assigned. This is one of the reasons why the master of the ship has wide powers in various fields.
Shelf and a special maritime economic zone are considered part of the state’s territory when maritime borders are considered. Buildings used as representative offices in foreign countries have a special status.
The laws of the represented country continue to apply within them. Citizens, having left their homeland, continue to bear a number of responsibilities to the state, and in return it provides some services related to marriage, inheritance, etc.
Thus, the effect of civil law in time, space and the circle of persons has some nuances.
Differentiation of legislation on persons
Some regulations affect everyone without exception, others apply only to the group indicated in the document.
For example, some norms are provided for citizens engaged in independent entrepreneurial activity, while others are for those who are engaged in it as part of legal entities.
There is a separation of citizens by age (minors and minors). The limitations of their legal capacity differ. Some rules affect only those who are in an emergency (for example, a simplified procedure for drawing up a will).
The examples discussed above show that the effect of civil legislation in time, space and in terms of circle of persons is a single category. Her understanding helps to correctly resolve the issue, in relation to whom which normative act to apply.
Termination of Legislation
A normative act ceases to apply in several cases:
• a new act was adopted on the same issue;
• the act is canceled without the adoption of a new document;
• a previously adopted act is partially canceled;
• a previously adopted act is partially replaced by a new act.
The final provisions of the newly adopted acts give lists of normative documents that are canceled.
Less often, an act is issued listing the documents by which a decision was made to cancel them. Replacement is not made in order to eliminate excessive regulation. Unfortunately, such changes are beneficial.
Partial cancellation of an act means that it ceases to operate partially without changes. An example of such an action of civil law in time and in terms of persons is the repeal of the law on registration of rights to real estate. Some of its provisions still work.
Instead of part of the repealed provisions, a new, separate regulatory act may be adopted.
In the practical activities of authorities, there are cases when a new document is adopted, but the old one is not formally canceled. From the point of view of the law, this event means the automatic cancellation of a previously existing document, but not everyone knows this. Therefore, questions arise about their relationship in practice.
Court annulment
A normative document may also be canceled by the court due to non-compliance with the Constitution and other laws. The decision on the acts adopted by the State Duma is taken by the Constitutional Court. He can evaluate the constitutionality of regional laws, unless otherwise specified by the charters or constitutions of the subjects. In this case, complaints are submitted to the courts at the level of the subjects (regional, republican, regional, etc.).
The RF Armed Forces considers in 3 instances applications for the legality of acts of federal authorities. I must say that there are cases of court agreement with citizens' complaints. The legislative system is far from perfect.
Thus, the civil law may cease to exist in time, in space and for individuals by decision of a judge.