In order for the norms of the law to be translated into reality, legal science has developed a special type of normative legal norms - by-laws. These are specialized documents designed to ensure compliance with existing laws. As a rule, such acts are developed and applied by the highest state bodies within the framework of the competence that was provided to them by the highest law of the country (Constitution).
Types of By-Laws
The constitution of the state gives the right to issue normative legal acts to all the highest bodies of state power. Based on this, the first classification establishes the following types of by-laws:
1. Acts of Parliament - these traditionally include decisions issued by the highest legislative body of the state, for example, a decision on the establishment of a parliamentary commission;
2. Government acts are the most numerous. This situation is connected with the fact that the government, on the basis of its constitutional purpose, is obliged to introduce the laws of the country into practice. The government has the right to issue decrees and orders, for example, an order to finance the implementation of a law;
3. Acts of the president (head of state) - are represented mainly by decrees. The most common type of decrees is aimed at promulgating a law passed by parliament.
4. acts of ministries - by-laws, characterized by a strictly defined focus. Distinguish orders, regulations, charters, instructions, which together are aimed at a clear step-by-step implementation of the law governing the activities of the ministry.
Another qualifying feature of by-laws is their territorial effect. So, they distinguish:
1. national by-laws - these are acts of the government and the president, the effect of which is mandatory throughout the country;
2. by-laws of local authorities - their effect is strictly distributed within the territory of an administrative unit.
The third qualifying sign is its action in time, they distinguish between: unlimited (fixed for an indefinite period) and urgent (lose their strength when the moment specified in the act itself). The last important qualifying attribute is the group of persons for whom the act is intended:
1. nationwide - apply to all citizens and persons residing in the country;
2. aimed at a specific territorial area;
3. group - regulate the scope of a strictly defined group of persons.
Functions and features of by-laws
As part of regulatory legal acts, by-laws have their own distinct structure. Their content must include the following characteristics: the name of the government that issued the act, the name of the law pursuant to which the act was issued, the body of the act, and the duration of the act. In addition, the main characteristic of the by-law is that it must not contradict the law in pursuance of which it is created and the Constitution.
As you know, laws represent special legal acts designed to regulate a certain type of relationship. The law provides guidance on how to deal with a strictly defined life situation. By contrast, by-laws have broader functions. So, there are acts that:
1. ensure the entry into force of the law. Such acts include the decrees of the head of state on the promulgation of the law;
2. ensure the implementation of the law in the country. This function is more characteristic of government and ministry decisions;
3. detail the implementation of the law in the territory of a certain part of the state or for a certain category of persons.
Based on the foregoing, it can be said that by-laws are special regulatory acts issued by two branches of state power for the implementation of legislative norms in the activities of the country's subjects.