Regulatory agreement

A regulatory contract is an agreement that contains legal provisions. Authorized state bodies take part in it.

A regulatory agreement is binding on a formally indefinite and large group of individuals. This agreement is designed for repeated use, it is valid regardless of the occurrence or termination of the stipulated specific legal relations. Agreements on the delimitation of powers and matters of jurisdiction between the bodies of constituent entities of the Russian Federation and the bodies of the Russian Federation are numerous.

A regulatory contract has a legal basis in the current legislation. These agreements fulfill the function of law enforcement, specifying and supplementing the legislation.

A regulatory agreement always involves the participation of a government agency. Moreover, the legal force of the agreement is the higher, the higher the place occupied by a state body in the management hierarchy.

A regulatory contract is concluded in the public interest, with the goal of achieving the common good. In other words, social goals are predominant.

A regulatory agreement is an agreement containing rules that are designed to regulate the behavior of not only its direct participants (parties), but also of other entities. Thus, the agreement also has an external legal effect.

There is a strictly formal, special procedure for concluding a regulatory contract, a special procedure for dealing with conflicts and disputes related to its implementation.

Unilateral refusal to fulfill or amend the contract conditions is not allowed. It should also be noted that the concept of force majeure (force majeure) is not applied in this case.

Regulatory contracts are characterized by publicity, the general availability of conditions. In some cases, official publication is used. Due to the fact that the above agreement is generally binding, confidentiality clauses do not apply.

Normative agreements constitute the legal basis for the formation of administrative acts, the conclusion of individual agreements, and the implementation of other actions of legal significance.

Regulatory agreements are fairly common in labor law. Concluded contracts, arrangements, agreements containing legal norms may be a source of law. Collective agreements between employers and trade unions are very common in Russia.

Regulatory agreements are sources of law in those states that form a market economy, and state power is exercised in legal form. Such states, in particular, include the Russian Federation. So, in 1992, March 31, the Federal Treaty, which undoubtedly has a normative character, became the basis for the formation of an independent state - Russia.

In international law, it is customary to consider regulatory agreements as the main form. An international treaty is an agreement between states and other entities that is concluded on issues of common interest to participants. The principles and norms contained in the above agreement provide for the regulation of relations through the formation of mutual obligations and rights. According to the wording of the Vienna Convention on the Law of International Agreements, such treaties are concluded in writing. Thus, from 1992 to 1998, the Russian Ministry of Internal Affairs concluded about thirty agreements with the relevant foreign departments. The Russian Ministry of Internal Affairs, in addition, participated in the fulfillment of obligations under more than 400 international agreements of the Russian Federation with other countries on the fight against crime in the world.

Source: https://habr.com/ru/post/E24078/


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