Throughout history, mankind has tried to find the perfect way to self-regulation. These searches very often ended rather paradoxically, and sometimes it is extremely dangerous. Nevertheless, people still managed to develop a truly ideal system of self-regulation - the right. However, do not run ahead.
Initially, the main mode of persuasion or influence was violence. Later, this indispensable attribute of any ancient power was supplanted by moral standards, which gradually began to be sanctioned by one or another government. Thus, today, law is the most formed and civilized way of self-organization and self-government of people. It is actively used by the authorities of any state to directly influence citizens. However, quite often the question arises of how the law is actually realized or is brought to the consciousness of ordinary citizens of a single state. Today, on this issue in the theory of state and law , a whole scientific industry has been formed, which is studying the regulatory acts of authorities. Thanks to such documents, the right is realized in the life of citizens.
Why are there legal acts?
We have already pointed out earlier that normative legal acts are, first of all, one of the forms of direct realization of law in real life. They are used in various fields of activity to regulate certain relations. The system of subjects using normative acts is quite extensive; we will discuss it later in the article. And the institute of state acts itself has a different purpose, which for the most part is known exclusively to theoretical lawyers.
The fact is that the legal acts characterize the legal system of a state in full. This feature is most clearly manifested in the Russian Federation, because here normative acts are a key legal source. In fact, the legal system of the state consists of legal acts, because it is in them that its three-element structure is manifested, consisting of industries, institutions and individual legal norms. The concepts and types of normative legal acts in the Russian Federation make it possible to see the real effect of this structure in the sphere of regulating relations of a public nature.
Actors
Before you consider directly the concept and types of regulatory acts in Russia, you need to understand the system of entities that directly use them. If we consider this issue globally, then, without exception, all subjects can be divided into two large groups: general and special.
1. The general subjects of the use of NPA are the entire population of the Russian Federation, regardless of gender, social status, position in society, positions held, etc. Each resident of the Russian Federation, without exception, must adhere to the laws and not violate the norms prescribed by them. It is with such legitimate actions that citizens, as well as other persons residing in the territory of Russia, ensure the real effect of the legal acts.
2 . The second kind of subjects is special. It can include the authorities of all branches of government (executive, judicial and legislative). Thus, the main feature that characterizes a special subject is its direct affiliation with the state authorities of Russia. As a rule, representatives of this species are endowed with a greater number of powers than the general subjects of the use and implementation of the norms of the legal acts.
The concept of legal acts
The concept and types of legal acts are terms that are inextricably linked. However, to highlight their features separately, you need to understand the very essence of the legal regulation. According to the developed doctrine, in the science of state and law, a normative legal act is a document of an official nature, which is adopted in the order and within the competence of an individual authority, having the established form and fixing the rules of conduct authorized by the state, which are designed for an unlimited number of people. The concept presented is generally accepted, that is, the “standard” of jurisprudence, so to speak. However, in the world of scientific discussions it is customary to understand the legal acts as both a document and an act of law-making. The essence of the terms is fundamentally different. In the first case, it speaks of a material carrier of legal norms formalized by state rules, which has legal force. As for the second case, then the normative act is regarded as the “product” of the rulemaking process, that is, the direct regulation of social relations. At the same time, legal acts, the concept of which are presented in this article, play a significant role in the legal system of Russia.
Legal acts as legal sources
Historically, the Russian Federation is one of the countries of the Romano-Germanic family of law. A common feature of such states is that in them the key source of law is the NLA. It is on its basis that all other sources are developed. As for the totality of legal acts, they are part of a single system, which is not only streamlined, but also hierarchical. In addition, normative acts are “born” as a result of a specific law-making procedure, which can be carried out by specially authorized bodies. In addition, almost any existing act meets the rules of legal technology, as well as the principle of legality and humanism. It should be noted that the concept and types of regulatory legal acts in the Russian Federation can be distinguished precisely with the help of the existing hierarchy, since this feature is a key characteristic of the Russian legal system.
The legal system of the Russian Federation as a set of state acts
The concepts and types of legal acts in Russia help to a great extent to investigate, as well as highlight the key points of the legal system of this state. Thus, on the basis of this approach, we can say that the legal system of the Russian Federation is a combination of national and international legal acts that are the basis of the legal culture of the state and the main regulators of public relations. Such a concept is essentially vague, but it is the most classic. The problem is that the legal system cannot be considered solely from the position of normative acts. This, of course, is beneficial in the context of this article, but it is not worth focusing on this characteristic very much.
Normative legal acts: classification
As mentioned earlier in the article, the hierarchy of the legal acts allows them to be classified. The main criterion for differentiating all legal entities without exception is legal force. There are two main directions of classification, namely:
1. Vertical classification is an arrangement of all normative acts according to their place in the general hierarchy from the Constitution of the Russian Federation to acts of specific departments. With this differentiation, we can also say that without exception all normative legal acts are a system of "law and by-laws".
2. The horizontal classification divides all the legal acts not only on the basis of legal force, but also the scope. For example, legislative acts of constituent entities of the Russian Federation have absolutely equal legal force. However, their use is limited territorially. Therefore, the concept and types of regulatory legal acts of the Republic of Kazakhstan (the Republic of Kazakhstan or other constituent entities of the Russian Federation) are not considered separately, but exclusively in conjunction with other state documents of equal legal force. Indeed, for the theory of state and law, the general mechanism for regulating social relations is of great importance, and not the territorial features of this process.
Thus, normative legal acts, the classification of which is presented in the article, have significant differences among themselves. They can be seen in more detail only when considering all species separately.
The Constitution is the basis of the legal system of the Russian Federation
The concept and types of legal acts It is impossible to consider without taking into account the Constitution of Russia and its norms. Indeed, the Basic Law is not only the highest normative act of the Russian Federation in its legal force, but also the basis of the entire legal system of the state. The main feature of this normative act is its content. The Constitution enshrines the provisions on the central authorities, the territorial and political structure of the country, the principles for the realization of human rights and freedoms. Along with this, the main regulatory act of the state is adopted through a rather specific procedure.
It should also be noted that, unlike other regulatory acts of the state, the Constitution must meet international legal standards. In addition to this, absolutely all the laws of the Russian Federation are created solely on the basis of the basic law. Any contradictions with him are unacceptable. It must also be borne in mind that all regulatory legal acts, signs and types which are presented in the article, are created on the basis of the main features of the Russian Federation, which are enshrined in the Constitution. These priorities for the development of the country include:
1. Democracy.
2. Federalism of the territorial structure.
3. The rule of law.
4. The humanity of the exercise of power.
5. Social orientation.
6. The republican form of government.
7. Publicity of the exercise of power.
Thus, the Basic Law regulates and actually “generates”, with the help of legal equipment and special bodies, each individually regulatory act. The concept, types and legal force are the features of legal documents of a state nature that are initial from the Constitution of the Russian Federation.
Constitutional amendments
We have already noted that the Constitution is adopted and changed in a specific order. For example, individual chapters of the basic law can be changed solely by reviewing the entire act. To implement this procedure, a special Constitutional Assembly is convened . For the adoption of the new edition of the main law, 3/5 of the total number of votes of deputies of the upper and lower houses of parliament is required. Direct decision-making is carried out by the same composition of participants in the presence of 2/3 of the votes. A different, simplified procedure for revising constitutional norms is also provided for - by creating separate Federal laws “On amendments to the Constitution of the Russian Federation”.
Legislation in the Russian Federation
Federal laws are the highest legal acts after the Constitution of the normative legal acts. It’s not difficult to guess what applies to them, because the entire legal system of Russia rests on the “three pillars”: the Constitution, laws and by-laws. The Federal Law is a key element of the legislative activity of the state body of the same name - the bicameral Parliament of the Russian Federation.
Without exception, all legislative norms are binding throughout the state. In addition, by-laws should not contradict them. In its turn, the Federal Law cannot in any way contradict the Constitution by its provisions.
It should be noted that federal laws are adopted solely on the subjects of competence of the Russian Federation. In other words, the subject is the most important issues of the country. In addition, the Federal Law regulates relations in a particular branch of law. From this we can distinguish the concept and types of regulatory legal acts of labor law, criminal, economic, civil, etc. The subject of legislation also includes the most important provisions of the Constitution, and more precisely, the mechanism for their direct implementation. Thus, federal laws are issued that regulate the territorial structure of the Russian Federation, the protection and realization of human rights and freedoms, the system of state authorities, amendments to the Basic Law, etc. The list presented is not exhaustive, since public relations develop almost every second. It follows that the subject of federal legislation is a fairly broad concept, which includes a large number of other aspects.
Types of laws and the procedure for their adoption
Federal laws have their own classification, which was developed in the process of legal practice, or rather, law-making. According to this criterion, the concepts and types of regulatory legal acts by law can be divided as follows:
1. The main law - regulations containing the essence of the subject of regulation, as well as the procedure for its implementation.
2. Laws on making amendments - a normative act containing provisions for improving or amending existing federal laws.
It should also be noted that any regulatory act, concept, types, structure most of which are presented in this article, has a special order of adoption or creation. Federal laws in this sense are no exception to the rule. According to the Constitution of the Russian Federation, Federal Laws are created by the legislative body, namely: the State Duma. The process of adoption of the law has its own characteristics. The draft of each normative act goes through several stages of consideration. Even the fact of acceptance is not a guarantee of its entry into force. For example, the president may veto the law, which will entail its revision.
Acts of the head of state
It should be noted that Russia is a presidential republic. This fact indicates the significant strength of such a source as the presidential regulatory act, the concept, types, signs of which will be presented later. Of course, by virtue of the international doctrine of democracy, acts of the head of state cannot be higher in their legal force than acts of the legislative body. However, presidential documents regulate equally important areas of public relations. Like federal laws, acts of the President of Russia cannot contradict the Constitution. At the same time, they also cannot compete in any way with the Federal Law. As a rule, presidential acts are adopted on issues related to the conduct of the Federation. Depending on the specifics of the subject of regulation, there are decrees and orders of the President of the Russian Federation.
1. Decrees are decisions of the president that are normative. They are published for reuse as well as continuous use. In addition, the decrees have a specific subject of regulation, namely: the decision to accept for service in the central executive bodies or exemption from it, rewarding with state awards, granting political asylum, awarding class ranks and special ranks.
2. Orders are more operative decisions of the president and are most often intended for solving managerial tasks, for example, coordinating the work of the presidential administration.
Thus, presidential normative legal acts, the concept, the types of which were described above, are “targeted” decisions of the head of state regarding issues that are in his direct field of regulation.
Government Acts
The Russian government is the central executive authority of the state. He coordinates and actually ensures the implementation of the legal system of Russia. Within the framework of its competence, the Government may issue normative legal acts of a certain type. According to the Constitution, namely article 114, the government has the following competence:
- implementation of credit, monetary and financial policies;
- the implementation of policies in the field of culture, health, social security, etc.
- management of federal property;
- implementation of all necessary measures to ensure the defense of the state;
- other powers that may be assigned to the central body by the Constitution, acts of the president and federal laws.
In the process of regulating legal relations and implementing the norms of the Constitution and Federal laws, the government of the Russian Federation has the right to issue its own normative acts. Such may include decrees and orders. Their main difference is in the number of persons targeted by regulatory regulation, as well as the essence and purpose of the information embedded in the legal acts.
Departmental regulations
The Russian government consists of separate departments or ministries, as they are commonly called. In order to exercise their powers, these organizations have the right to issue their own normative acts, in addition to government decrees.As a rule, acts of ministries are issued with the aim of regulating certain legal relations in a particular area. The last element is determined depending on the target orientation of each individual ministry. It should be noted that the publication of the NPA is assigned exclusively to the highest executive bodies. In other words, only ministries have the right to issue legal acts. Separate departments and services cannot develop legal documents due to lack of authority.
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