Legal act - This is published or authorized by the competent state bodies of a legal act with a state-owned nature, which has a formal documentary form, containing mandatory rules and guaranteed by the forced force of the state.
Depending on the legal force, regulatory acts are divided into laws and regulatory acts. The law is made in a special procedure and possessing the highest legal force of a regulatory act, expressing the state will on the most important issues of social life.
Types of laws in the Russian Federation:
Laws are the main and current. The basic laws applies, above all, the Constitution of the Russian Federation. The Constitution is the main law of the state and society regulating the most important parties to their internal organization. Unlike the remaining laws, the Constitution of the Russian Federation has the highest legal force: all other regulatory acts, including legislative, should not contradict the constitutional provisions, and the laws themselves are accepted by those bodies and in the order that establishes
Federal Constitutional Laws are those laws whose adoption is provided for by the Constitution of the Russian Federation in a special, complicated manner. All other laws are called current. Among the mass of current laws, codes are allocated - laws with which legal regulations are systematized in any particular branch of law. The combination of all existing laws is called legislation of the Russian Federation.
Laws are characterized by the following features:
Each law consists of separate statements called articles. The article may contain either one or several norms of law or part of the norms of law. Articles have a sequence number. The article can be divided into parts, and parts are sometimes divided into points and paragraphs. In most laws, part of the article are indicated by the sequence numbers, and the points are letters. Paragraphs of numbers do not have and counted from the beginning of the point, part or article. For the convenience of using the law, his article is united in chapters, chapters in paragraphs, and paragraphs in the sections.
Regulations - These are law-making acts of the competent authorities that are based on the law and do not contradict him. Watching acts have less legal force than laws, and are designed to specify the principal provisions of laws in relation to various life situations. At the head of the system of sub-commercial acts of the Russian Federation, the presidential decrees of the Russian Federation are. Deconsions of the Russian Federation should not contradict the decisions of the Government of Russia, departmental acts (orders and instructions of ministries and departments), as well as acts of local executive bodies.
To properly apply legal norms, it is necessary to be able to accurately determine the operation of the regulatory act containing these norms, in time, in space and in a circle of persons.
Action of regulatory and legal acts in time Determined by two moments: the moment of entry into force of the regulatory act due to the moment of loss of legal force. The regulatory act comes into force either since its adoption, or since the time specified in the act of act. In most cases, in the act, the moment of entry into force is indicated: the exact calendar date is determined with which this regulatory act begins to act. If, in the regulatory act, the moment of its action began is not determined, it comes into force upon the expiration of a certain period after publication. The official publication is the publication of the text of the law (or other act) in a clearly defined edition called official. For example, for federal laws, acts of the President of the Russian Federation, acts of the Russian government is the magazine "Meeting of the Legislation of the Russian Federation", which is published weekly, as well as the daily newspaper "Russian Gazeta". Any regulatory acts affecting the rights, freedom and obligations of a person and a citizen cannot be applied if they are not officially published for universal information. Acts that are not subject to publication and sent to seats come into force from the moment they are received by the addressee.
The operation of regulatory acts is terminated in the following cases:
The loss of legal force by the regulatory act may be temporary. Temporary loss takes place in the event of a suspension of the regulatory act for a certain period, after which the regulatory act again begins to act.
Thus, as a general rule, the regulatory act, which entered into legal force and did not lose it. However, this rule has two exceptions:
Normative act - This is the official document of the law-conducting body, which contains legal norms.
Regulatory acts are created mainly by government agencies that have the right to make regulatory decisions on the issues that are transferred to them for permission. At the same time, they express the will of the state. From here, their authority, official, authoritarianity, is obligatory.
Regulatory acts are characterized by the following Signs.
First, they have a law-making character: they are right or Installeither changeeither canceled. Regulatory acts are carriers, storage facilities, housing of legal norms, of which we draw knowledge about legal norms.
Secondly, regulations should only be published within the competence The law-conducting body, otherwise, in the same question in the state there will be several regulatory decisions, between which contradictions are possible.
Thirdly, regulations are always checked in Documentary form And there must be the following details: the type of regulatory act, its name, the body, adopted it, the date, the place of adoption of the act, the number. The written form contributes to the achievement of a uniform understanding of the requirements of legal norms, which is very important, since their non-fulfillment is possible to apply sanctions.
Fourth, each regulatory act must comply with the Constitution of the Russian Federation and do not contradict The regulatory acts that have greater legal force compared to it.
Fifth, all regulatory acts are necessarily subject to bringing to the attention of citizens and organizations, i.e. the publication, and only after this, the state has the right to demand their strict execution based on the presumption of knowledge of the law and impose sanctions.
1. To have greater regulatory strength, regulatory acts must be high quality. This can be achieved if they will not be the fruit of fantasy or the desired law-making subjects, and reflect objective reality. In principle, this requirement is more general and refers to legal norms as a whole, but it is when taking legal acts that the adoption of voluntaristic solutions becomes the most obvious.
However, freedom of law in the adoption of certain solutions is not limitless. Above already mentioned the objective condition of the right to public relations. In the event that the adopted regulatory legal acts will contradict the objective reality, the norms contained in them at least become "dead", not applied in practice. In the case of acute contradiction, the adoption of such an act is fraught with social upheavals. Anyone, even very good ideas cannot be implemented with the help of regulatory acts, if the society does not "dose" before them, if there are no necessary conditions. As an example, the Federal Law 2005 "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation", which introduced a proportional electoral system, i.e., representative offices in the parliament of parties, in the absence of a developed and balanced party system in Russia.
2. Regulatory acts should have a structure, not to represent a chaotic set of regulations. As a rule, the regulatory act has an introductory part called the preamble. It sets out the goals and objectives of the regulatory act, is characterized by a socio-political situation that exists at the time of its adoption. The first articles of the regulatory act can be devoted to the definition of terminology used in the future. The construction of the regulatory act can be laid in the following scheme: Subjects of legal relations (for example, taxpayers and financial authorities), facilities (income received), rights and obligations (the obligation to pay taxes, the right to check their payments, etc.), benefits, promotion measures ( For example, exemption from a single social tax of educational institutions) and sanctions (for tax evasion a fine of 20% of the unpaid amount). Such an order of layout of regulatory material is used in some kind of acts, the presence of which is inherent in the "young" recently emerged branches of law. The "old" branches of law are usually codified. Codecs also have a more complex structure.
3. Regulatory acts must be Available to understand Citizens. Moreover, the legislator should not be focused on intellectuals, but on people average or even below the average intellectual level. Regulatory acts should be made a simple, clear language, differ by the rigor of the style, comply with the laws of formal logic, and also not to wear too abstract character, but simultaneously do not link in detail. They should not be complex legal terms.
Regulatory acts with reasonable and must compose them - a mighty instrument of transformation of society. However, a lot depends on their developers, which should maximize objective realities and completely discard their personal addictions. If the printing of subjectivism is uniformly bright, then regulatory acts can be an instrument of harm to the people. For example, the publication in 1991 by the Decree of the President of the Russian Federation, which resolving freedom of trade, pursued a noble goal: to liberate citizens in the field of exchange. But the unwantedness in organizing his performance entailed unwanted consequences: antisanitia in the territories of cities, a surge of infectious diseases, etc. Therefore, the development of leadership but the preparation of regulations (law on the preparation of regulatory acts) is extremely important.
Regulatory acts, depending on their legal force, can be divided into several levels. However, two large groups are distinguished: and . The term "legislation" is very often used. This concept includes all regulatory acts published by the federal and regional state bodies. Such a terminological name is justified because the basis of a holistic system of regulatory acts is formed by laws.
We list and briefly describe the main types of regulatory acts (Fig. 2.6).
Laws - These are regulatory acts adopted in a special procedure by the legislative authorities governing the most important social relations and possessing the highest legal force.
Laws are the most significant type of regulatory acts.
First, laws can be accepted only by one body - the parliament who owns legislative power in the country. Thus, in the United States, federal laws are accepted by the US Congress, in Russia - the State Duma of the Russian Federation.
Secondly, laws are made in a special procedure, which is called legislative procedure.
Thirdly, laws regulate the most important relationships in society. In some countries, a strict list of issues that are subject to settlement is precisely using the law. In other states, for example, in Russia, there is no such list, so the federal assembly can formally adopt the law on any issue. However, it is unlikely that Parliament considers it necessary to take the law on the issue that does not have paramount importance.
Fourthly, laws possess the highest legal force compared to other types of regulatory acts.
Fig. 2.6. Types of regulatory acts in the Russian Federation
By their significance, federal laws are divided into groups:
1. constitutional laws Regulating public life issues related to the subject of the Constitution of the Russian Federation (Federal Constitutional Law "On Judicial System of the Russian Federation", etc.). Such questions in general terms are settled in the Constitution, but in constitutional laws they receive further development and detail. It is clear that constitutional laws should not contradict the Constitution of the Russian Federation;
2. current (usual) lawsadmitted to resolve all other important issues of society's life (for example, the Federal Law "On Joint-Stock Companies", Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Law of the Russian Federation "On Education", etc.). Current laws should also not contradict the Constitution of the Russian Federation and federal constitutional laws.
A variety of current laws - Codeswhich are complex systematic acts. As a rule, in the Code, all or the most important norms of any branch of law are located in a certain order. Thus, in the Criminal Code of the Russian Federation, all norms of crime and punishment are collected, in the Civil Code of the Russian Federation - the most important rules governing property relations. Codes relate to the highest level of legislation. Each Code is, as it were, a developed "legal economy", in which everything is necessary to regulate a group of public relations to regulate a group of social relations. Moreover, all this material is given in a unified system, distributed by sections and chapters, agreed. As a rule, the code consists of two parts: common and special. In total, rates are collected based on the use of any norm of the special part, that is, for any relations regulated by the Code. Thus, in the total part of the Criminal Code of the Russian Federation contains the norms of age from which the concept of the crime comes from the concept of a crime, the list of punishments, the basic rules for their application. In the special part of the Criminal Code of the Russian Federation, concrete acts and punishment for them are provided.
Decrees The President of the Russian Federation is published on issues related to its competence, which is quite wide, since it is at the same time the head of state and in fact the head of the executive. In the event that the Decree contradicts the Constitution and the laws of Russia, it may be invalid by the Constitutional Court of the Russian Federation. Regulatory in nature are the presidential decrees in which he acts as a guarantor of the Constitution of the Russian Federation or regulates the procedure for the implementation of the authority provided to him by him, in particular, on the structure of the executive authority, defense, the protection of public order, citizenship, awarding. Decrees are published in the "Meeting of the Legislation of the Russian Federation", as well as in the "Russian Gazeta".
Decisions Published by the Government of the Russian Federation. The competence of the government is mainly the solution of issues of socio-economic (the management of industry, agriculture, construction, transport and communication, social sewn, external economic ties, the organization of the work of ministries, etc.). A large number of government acts are associated with the development of the mechanism, the procedure for the execution of the laws adopted by the Parliament. "Run" them into practice is a very important type of law-based activities carried out by the government, because if the mechanism of execution of laws is not developed, they lose their meaning. Resolutions - a mirror of government activities. Their analysis gives an answer to the question, effectively, competently, the government operatively operated. They are published in the same sources of legal press as the laws.
Regulatory acts of ministries are Instructions, orders, positions, instructions, rules, statutes and so on. But the leading role is played by the instructions. They regulate the main types (forms) of service activities, the functional responsibilities of employees of a certain category. But there are instructions that are intersecting and apply not only to workers, but also to other organizations, all citizens (instructions of the Ministry of Finance of the Russian Federation, Ministry of Transport of the Russian Federation, Ministry of Health and Social Development of the Russian Federation, etc.). Such acts are subject to registration at the Ministry of Justice of the Russian Federation, where their legality is checked. Acts of ministries are published in the "Bulletin of regulatory acts of federal executive authorities".
Regulatory acts of legislative (representative) bodies of the subjects of the Federation - lawsThis is the most common name. Not all subjects of the federation are actively engaged in lawmaking. In this regard, the city of federal significance Moscow and St. Petersburg, as well as the Sverdlovsk and Saratov region, are shown. Budget, taxes, privatization are the most serious issues of regional rulemaking. Moreover, the adoption of this kind of act requires the conclusion of the administration of the subject of the Federation.
Regulatory acts of regional governors, regions (presidents of the republics) are called decrees.
Regulatory acts of the edge administration, regions (government governments) Taken to refer regulations. They can regulate various issues: the procedure for renting premises, land plots, charging fees for public transport, for training in children's music schools, etc.
Acts of both legislative (representative) and executive bodies of the subjects of the Federation are published in local newspapers.
Acts of local governments are usually called solutions. They are issued on local importance regarding residents of cities, districts, villages, towns, villages (landscaping, improvement, trade, utilities, household service, etc.).
Corporate (intra-corporalism, intra-ammunition) regulations are such acts that are published by various organizations to regulate their internal issues and apply to members of these organizations. Corporate acts regulate a wide variety of relations arising in the specific activities of enterprises (issues of using their financial resources, management, personnel, social issues, etc.). In the process of reducing the state's intervention in the affairs of enterprises and the expansion of their independence, corporate acts take on an increasing load.
Legal act - This is a legal act adopted by authority to the authority and containing legal norms, that is, the instructions of a general nature and permanent action calculated for repeated use.
It is widely used in all modern legal systems (especially in the countries of the Roman-German Legal Family).
The advantages of the regulatory act in comparison with other forms of law are, primarily associated with the increase in the role of the state as a social life coordinator that reveals common interest and ensuring its centralized implementation, with the ability to adequately and promptly respond to changes in social needs, with a documentary written form, allowing you to easily and quickly bring the necessary information to the addressee, etc.
As follows from the very name, this is an act with a dual nature, i.e., at the same time normative and legal. It should be distinguished from the regulatory, but not legal acts (the charters of political parties, instructions for the use of household appliances, etc.) and from legal, but not regulatory acts (sentences and decisions of judicial authorities, orders for traveling by service, etc. ). The following signs are characteristic of the regulatory act.
This is a powerful volitional, coming from the state (or recognized by him) act, the common properties of which are derived from the authorities of the authority, and therefore it occupies a certain place in the hierarchy of regulatory acts. With its help, the law-minded authority implements its powers in a certain field of public affairs management.
This is an act of law-conductingestablishing changing or canceling legal norms. The norms that make up the main content of the regulatory act are aimed at regulating the behavior of the addressees through mutually corresponding typical rights and obligations.
This is the official act document. having a clear structure and details. For optimal storage and transfer of legal information, it is performed by a special style using specific legal terms, concepts and methods of building text.
Preparation, adoption, implementation and cancellation of the regulatory act pass in order of consistent legal proceduresdesigned to optimize both the content and form of the act of the act and the procedure for its creation and implementation.
The achievement of the objectives of the regulatory act is provided by the economic, political, organizational, information and punitive power of the state. His violation entails legal liability.
It should be borne in mind that regulatory acts acting within the boundaries of a certain state are combined into a closed hierarchical system. Each of the elements of this system must comply with not only the competence of the body, but also the hierarchical bonds of the system as a whole. The regulatory act that comes into conflict with the constitution or other act of higher legal force falls out of this system and essentially becomes a form of manifestation of an offense. So not any act of law-conducting, containing the rule of law, is a regulatory act.
According to legal strength, all regulatory acts are divided into two large groups: laws and regulations.
Types of regulations:
Depending on the characteristics of the legal status Business entity All regulatory acts are divided into acts:
Types of regulatory acts depending on the scope of action:
Types of regulatory acts depending on the validity period
There are also regulatory acts such as directives and decrees that are accepted by international organizations. Directives, as a rule, make it possible to concretize the forms and methods of fulfilling their international obligations. Resolutions contain the requirements to be direct execution.
In modern scientific literature, the regulatory act is known as official document of the authorized state body containing legal norms The theory of state and the right to a textbook on the theory of state and law // Diakonov V.V. AllPravo.ru. - 2004. .
The regulatory act contains the rules of general, mandatory for an indefinite circle of persons calculated on repeated use, regardless of whether or stopped specific legal relations provided for in such an act.
Regulatory act is a leading source of law in the systems of romano-German law, to which Russia belongs. In some cases, the definition of a legal act as a regulatory or individual plays a significant role in law enforcement. For example, during the trial. Regulatory acts are generally common and serve as a regulatory grounds for submission of a court decision. Individually legal acts in the resolution of litigation are not a priority and are evaluated by the courts along with other materials in the case.
The regulatory legal act is a kind of legal act taken by authority to the authority and containing legal norms, i.e. Relations of a general nature and permanent action calculated on the multiple use of A.V. Malko. The theory of state and law // Lawyer. - M., 2001. - p.174 ..
Regulatory acts are issued by organmifications by the normative competence, in a strictly established form. The normative act is an official document, a carrier of lawyer-significant information.
The regulatory act occupies a special place in the system of legal acts. It should be distinguished from the acts of application and interpretation of law.
It should be noted that the concept act Actually uses in the theory of law in a twofight sense. One is an act as an action, the second is an act as a material (written, electronic) carrier of information, as a document. It is in the last sense and denotes the regulatory act as a source of law.
This form of law, as a regulatory act, generates many topical scientific problems, some of which are re-semen in the theory of law, while others are under discussion.
First of all, this is the problem of the structure of the regulatory act and its relationship with the right structure.
The regulatory act always has an external structure: certain details that allow it to relate to the appropriate form, for example, to distinguish this or a decree, as well as to determine when it was adopted when he entered into force, who was adopted, approved, signed and t . D. Official details are information about the official of the person signed the act, title, the act of the act, the number of the act and the date of adoption. (For example, the federal law "On the introduction of the Arbitration Procedure Code of the Russian Federation" Adopted by the State Duma June 21, 2002 approved by the Federation Council on July 10, 2002 Federal Law of July 24, 2002 No. 96-FZ "On the introduction of the Arbitration Procedure Code of the Russian Federation". WG dated July 27, 2002 № 137
). Also, the regulatory legal act has " preamble"- Preface - an introductory or introductory part. In which the principal provisions, motives, the goals of the publication of the corresponding act are presented. The preamble contains "norms-goals" and "norms principles", which do not have direct legal force, but can be taken into account when interpreting other provisions of the act. In particular, in the Constitution of the Russian Federation it is written " We, the multinational people of the Russian Federation, connected by a common fate on their land, arguing the rights and freedoms of a person, civil peace and consent, while maintaining historically established state unity, based on the generally accepted principles of the equality and self-determination of peoples, after the memory of the ancestors, having revived the sovereign statehood of Russia, seeking to ensure The well-being and prosperity of Russia, based on the responsibility for their homeland in front of the current and future generation, conscious of themselves as part of the world community, we accept the Constitution of the Russian Federation " Constitution of the Russian Federation (adopted on a nationwide vote on December 12, 1993). RG dated December 25, 1993 № 237
This is a preamble.
But the regulatory act has an internal structure: division into sections, chapters, articles, paragraphs, paragraphs, subparagraphs, parts, paragraphs, regulations, etc. Such structure of the regulatory act - the result of long-term rule-making development and serves with one Parties, consistent and clear statement of legal material in the act, and with another convenience of using them.
In the other sectors of the right, we find various ways of expressing legal norms in the articles of the regulatory act - from full compliance to the presentation of the rule of law in various articles, and even in general in different regulatory acts.
The next question is the question of the legal force of the regulatory act or, otherwise, about its place in the hierarchy of regulatory acts.
The concept of "legal force" as many other expressions, legal science is borrowed from other areas of knowledge and are filled with specific legal content. So the physical concept of "power" in the legal sense means compliance with the act adopted by the lower state body, the act adopted by the superior state body, or the correspondence of the act adopted by the subject of the Federation, the act adopted on the federal level.
And in this regard, the provisions of some of the conservations of the constituent entities of the Russian Federation, establishing, for example, the priority of republican laws over federal, especially in the budget and other spheres, are incorrect.
Of course, the "war of laws", which arises in such cases, reflects the struggle of federal and local political elites, generally domestic and local interests. But in the legal plan there should be no laws to be, the question is solved unequivocally in favor of the Fed-rally priorities, of course, taking into account the security of local interests. The destruction of the hierarchy of laws can lead to the destruction of the State Darisa, its federative foundations. But this is a different topic that Routed in the previous book in the state theory.
The highest legal force has a constitution that is referred to in this criterion by the basic law. She is really the basic law of life of society, the foundation of the entire state and legal system. This is its huge creative potential, which has yet to be fully implemented and which, perhaps, not yet fully realized the article by the Russian Federation of the Group under the leadership of Rector MGU, Academician RAS O. E.Kutafina ( Official text on August 1, 2003). Preface Chairman of the Constitutional Court of the Russian Federation, D.Yu.n., Professor V.D. Soridkina. - CJSC "Library" Russian Newspaper ", 2003
The meaning of the concept of the highest legal force used in the first sentence of the commented part is disclosed in its second sentence (see below). Speaking easier, the Constitution is the law of laws Amented commentary on the Constitution of the Russian Federation / under total. ed. V.D. Karpovich.-M.: Yurait-M; New legal culture, 2002.-959 p.
The highest state law. It is obligatory for all state and self-government bodies, institutions and organizations, public associations, any officials, as well as private legal entities and individuals located in Russian territory, regardless of their state affiliation. For foreign government agencies, institutions and organizations of Russia, their officials and other employees, for citizens of Russia and its legal entities, it is obligatory and beyond.
Other legal force in ordinary laws, federal laws, other - at the government's decisions, etc. But this does not mean that such regulatory acts are fully or partially less mandatory or less "influential". No, this means only the requirement to comply with the principle of "subband", "compliance" in building a system of regulatory acts, in the hierarchy of acts.
Of course, the implementation and provision of this hierarchy, this correspondence is a large and difficult practical task, which is solved by both state bodies themselves and special mechanisms for inspection "compliance" (by the Constitutional Court, other judicial authorities, the prosecutor's office, etc.). Thus, the legal force of the act is its place in the hierarchy of regulatory acts, compliance, the coodes of acts accepted by the lower body, to higher acts.
But it should be borne in mind that the concept of "legal force" is sometimes used in a different sense - as the legal importance of the document, as the definition of new types of documents. It is said, for example, on the legal strength of documents on machine carriers (magnetic tapes, discs), along with the legal force of ordinary, written documents. This is another, very conditional contribution of the concept of "legal force".
In this regard, the rules for processing, storage of up-to-kayth on computer are established. And then the absence of certain details, the format to be processed for the purposes of accounting, use the document, make it legally insignificant, deprive the "legal force", that is, the legal significance.
Another important question associated with the definition of a regulatory legal act. Why regulatory legal, not just a regulatory act? There is a very subtle distinction here, which allocates the theory of law.
The fact is that along with the norms of law (social rules of conduct), which embodies, contains a regulatory act, there are also standards that do not have a legal nature and knowledge, but they are also embodied, enshrined in writing and other documentary form. For example, in the instructions in which the rules for circulation of electrical engineering are determined, with household appliances (iron, electric stove, etc.). These acts are also regulatory, but not legal, they contain technical, but not legal norms. There are mixed acts, such as government standards. In them, on the one hand, contain certain technical requirements for product quality, on the other, it is established that the violation of these requirements is strictly prohibited, entails liability by law.
Sometimes in legal literature, instead of the phrase "regulatory act", the concept of a regulatory act is used, although it has other content in the exact sense.
It should also be noted that it is impossible to denote the legal act just as a legal act. And there is a subtle distinction, extremely important for legal practice. This difference becomes clear from such an example. Legal will be an act containing both legal norms (rules of conduct), such, for example, and indication of the application of responsibility measures to a specific addressee of these rules, if he violated them. For example, the order of the head of the institution on the imposition of disciplinary recovery to the violator of the rules of the internal labor regulation established in this institution (for being late for work, drilling, other disorders of labor discipline) is a legal act, as it has legal importance - this order is legal, but not containing Rights of law, act. This second type of legal act is indicated as law enforcement, and not as the right containing. He is also legal, but not a regulatory act.
So, Legal act - The powerful prescription of state bodies, which establishes, changes or cancels the rules of law. It is the main source of law in the Russian Federation and European states. Regulatory legal acts form a slender system based on their legal strength of Kropanyuk V.N. The theory of state and law. // "Invertil". M., 2000 ..
According to legal force, regulatory acts are divided into two large groups: laws and sub-commercial acts there ..
Regulatory acts in Russia are divided:
1) Depending on the characteristics of the legal status of the law-conducting entity on:
· Regulations of state bodies;
· Regulatory acts of other social structures (municipal bodies, trade unions, joint-stock companies, robes, etc.);
· Regulatory acts of a joint nature (state-owned and other social structures);
· Regulatory acts adopted on the referendum;
2) depending on the scope of action, on:
· Overacted;
· Regulations of the subjects of the Federation;
· Local governments;
· Local.
3) depending on the validity period, on:
· Uncertain and long-term action;
· Temporary.
Law - This is a regulatory act with the highest legal force, adopted in a special procedure by the highest representative body or directly people and regulating the most important public relations of the theory of state and law. Tutorial / S.S. Alekseev, S.I. Arkhipov, V.M. Korean et al.; Ed. S.S. Alekseeva. - M., 1998.
Laws can be accepted on referendums - during the specialized procedure of the direct, direct will, as a rule, the major issue of public life. By the content of the law, as a rule, regulates the most important public relations.
The concept of law is revealed for several thousand years in scientific and practical activities. Sometimes the concept of law is used as synonymous with the concept of law, any source of law. Only, in the XIX century, it was proposed to distinguish the law in the formal and material sense. In material - again, as the synonym for all sources of law, in formal - as an act adopted in accordance with the legislative procedure established by the procedure.
Mixing these values \u200b\u200bcan lead to negative subsections. This happened, unfortunately, in the 1993 Constitution of the Russian Federation. In all modern constitutions, the principles of independence of judges are enshrined. This is fixed in the Formula "Judges are independent and subject only to the law" Constitution of the Russian Federation (adopted on a national voting on December 12, 1993). RG dated December 25, 1993 No. 237. Art. 120.
In this context, the concept of law is consumed in a broad sense, as synonymous with the right, as protection against the intervention of other branches of the authorities in Su-second activities, first of all, "from telephone law". In addition, this formula is approved by the principle of legality in judicial activities.
The law as any regulatory legal act has some signs:
W Act is a legal document containing the rules of law.
The E law is the result of the law-conducting activities of the Higher State of Public Authority (Parliament, Monarch, etc.) or the entire people.
The law regulates the most significant, typical, sustainable relationships in society.
The E law possesses the highest legal force, which manifests itself in the impossibility of its abolition by another body, except adopted, and also in the fact that the content of the law should not contradict any other legal documents.
Ш The law is a fundamental legal document. It serves as the basis, the basis, the landmarks of the other state bodies, ships.
Considering the law as a regulatory legal act - a source of law, it is necessary to distinguish it from other legal acts:
first, from individualacts, i.e. acts containing individual prescriptions on specific, "ram-call" issues, for example, appointment to a position, order to transfer property (such individuals are sometimes found in laws on, say, privatization, managerial issues);
secondly, from interpretiveacts, acts of intertwining, i.e. Acts in which only an explanation of the current norms is given, but new norms are not established (such acts in most cases have other places, for example, "RESOLUTION", "clarification").
Laws in the Democratic State should have a question first place among all sources of law, to be the OS, the entire legal system, the basis of the legality, cool the rule of law.
"Legislation is the whole set of laws operating in the country" Babaev V.K. Theory of State and Law. M. Lawyer. 2006. .
It is necessary, however, to keep in mind that in some formulations of regulatory acts under the term "legislation" are understood not only laws, but also other regulatory documents containing the primary law-based norms (for example, regulatory decrees of the President of the Russian Federation, regulatory decisions of the government).
Currently, the regulatory decrees of the President, (as well as the Government Decisions), adopted on the issues relating to the Legislative Region, have a co-response, close to the law, legal force before the adoption and entry into force of the law on this issue. In terms of the first Civil Code of the Russian Federation, it is directly recorded: "In the event of a protest of the Decree of the President of the Russian Federation or in the formation of the Government of the Russian Federation, this Code or the relevant law is applied or other law" Article 3.P.5. Civil Code of the Russian Federation Part I of November 30, 1994 No. 51-FZ
Legislation has its own clear system, classification of laws
Laws are divided into:
a) constitution, constitutional;
b) ordinary.
The number of constitutional laws include, first of all, laws that make changes and additions to the Constitution, as well as laws, the need for the publication of which is provided directly to the Constitution. In the Constitution of the Russian Federation, 1993 name-but fourteen such constitutional laws. An example of the Poshydrock may be laws on the Government of the Russian Federation (Article 114), on the Constitutional Court of the Russian Federation (Article 128), on the change in the constitutional and legal status of the ECTA of the Russian Federation (Article 137 of the Constitution of the Russian Federation) . For concentration laws, a procedure for their passage and adoption in the Federal Assembly is established compared to conjunctional laws. The presidential veto cannot be imposed on the adopted constitutional law (Article 108 of the Constitution of the Russian Federation).
Ordinary laws -these are acts of current legislation devoted to various sides of the economic, political, social, spiritual life of the Community. They, like all laws, possess the highest legal force, but themselves must comply with the Constitution, constitutional laws. This and ensuring the unity of the entire legislative system and the consistent conduct in it are the fundamental political and legal principles, which are expressed in the Constitution, constitutional laws. The main task of a special body of justice is the Constitutional Court - and is to provide strict compliance with the Constitution of the Russian Federation of all laws, other regulatory - legal acts and thereby accomplishment in all acts of constitutional beginnings. Laws
Ordinary laws, in turn, are divided into codifi and current and current. The codification includes the basics (main principles) of the legislation of the Russian Federation and Codes. Basics- This is a federal law that establishes principles and defines the general provisions of regulating certain branches of law or spheres of public life. The Code is a law of a codification nature, which combined on the basis of unified principles of the norm, in a sufficiently regulating a certain area of \u200b\u200bpublic outlook. The Code most often refers to any one of the right (for example, the Criminal Code, the Civil Procedure, the Codex, the Code of Administrative Offenses).
In the Federal State, which is Russia, the laws federal and laws of the subjects of the Federation are different. So, besides the federal law "On the languages \u200b\u200bof the peoples of the Russian Federation", the Law of the Russian Federation of October 25, 1991 No. 1807-1 (ed. Dated December 11, 2002) "On the languages \u200b\u200bof the peoples of the Russian Federation". Vedomosti TN and Sun RSFSR, 12.12.1991, No. 50, Art. 1740.
in a number of republics (Karelia, Kalmykia, etc.), which are part of the Russian Federation, have been adopted by languages. Federal laws act, as a rule, throughout the Federation. In the event of discrepancies in the law of the subject of the Federation with the Law of the Russian Federation, the Federal Law operates.
Constitutionas the fundamental constituent legal act of the country is the main, "capital" law, which determines the legal framework of the state, the principles, structure, the main characteristics of the state, the rights and freedoms of citizens, the form of relevance and the state device, the justice system, etc.
In the Russian Federation, the Constitution adopted on a referendum on December 12, 1993 is currently available to the Constitution of the Russian Federation, except for a brief pre-ambulance, contains the main, first, section of nine chapters:
1. The foundations of the constitutional system.
2. Human rights and freedoms, and citizen ..
3. Federated device.
4. President of the Russian Federation.
5. Federal Assembly.
6. Government of the Russian Federation.
7. Judicial power.
8. Local self-government.
9. Constitutional amendments and revision of constitutional.
In a special (second) section of the Constitution of the Russian Federation contains concluding and transitional positions.
The very concept of "constitution" translated from Latin means establishing, institution, device. In ancient Rome, there was a certain acts of the imperial power.
The emergence of constitutions as the basic laws of the state is associated with the arrival of the bourgeoisie, the emergence of the bourgeois state.
The first acts of the constitutional type were adopted in England. However, the historical features of its development led to the fact that it does not have a constitution in the usual understanding of this word. In other words, there is no single act regulating both the important parties of the internal organization of the state, the general device and the rights, and freedom of citizens. Modern United Kingdom is a country that has an unwritten constitution, which is constituted by numerous acts adopted during the HSH-XXX century. All of them are not interconnected by a specific system and do not form a single act.
The first written constitution (i.e., representing a single primary law with an internal structure), it is possible to name the conservation of the United States, adopted in 1787 and the current one. In Europe, the first written constitutions were the Constitution of France and Poland 1791 Chernilovsky Z.M. Universal history of the state and the right: textbook. I am 2005.
1. As the main law of the state and society, the Constitution, in contrast to other legislative acts, has a founder, fundamental nature. It regulates the wide sphere of public relations, the most important of them, which affect the indigenous interests of all members of society, all citizens. The Constitution enshrines the foundations of the socio-economic system of the state, its national-territorial structure, the basic rights, freedoms and duties of a person, and a citizen, the organization and system of state power and management establishes law and order and legality. Therefore, constitutional norms are fundamental to the activities of state bodies, political parties, public organizations, officials and citizens. The norms of the Constitution are primarily in relation to all other legal norms.
2. The Constitution, as already noted, is the main source of law containing the initial principles of the entire system of law. It is a base for current legislation, defositively deals its character.
Current legislation develops the provisions of the Constitution. In some cases, the Constitution contains guidance on the need to adopt a particular law (for example, Article 70 of the Constitution of the Russian Federation establishes that the status of the capital of our state is established by federal law). As a legal basis of the legislation of the Constitution, the center of the entire legal pro-space. It contributes to the consistency of the entire legal time-diversity and systematization of law.
3. The Constitution has the highest legal force. The Verkho-Version of the Constitution as the Basic Law is manifested in the fact that all laws and other acts of state bodies are issued on the basis and in accordance with it. Strict and accurate compliance with the Constitution is the highest language of conduct for all citizens, all public associations, all state bodies.
4. The Constitution as a basic law is characterized by stable. This is determined by the fact that it enshrines the foundations of the communion and state system.
The stability of the Constitution as a basic law is provided by the special procedure for its adoption and change.
In accordance with the Constitution may be published kon-editivelaws of the Constitution of the Russian Federation (adopted on a nationwide vote on December 12, 1993) of the RG dated December 25, 1993 No. 237.
Also dedicated to the legal basics of the state, the state system. Constitutional laws are made on the issues stipulated by the Constitution (for example, a law on an early state situation, the law on the procedure for the activities of the rights. The federal constitutional law is considered adopted if at least two thirds of the total number of deputies of the State Duma voted for it and if it is approved by a majority of at least three quarters from the total number of deputies of the Federation Council. The Federal Constitutional Law adopted during the four-standard TSSI days is subject to signing by the President of the Russian Federation and publication.
Among laws It should be allocated:
but) federal laws- those who are accepted by the FE-Deran Legislative Body - the Federal Assembly - and apply to the entire territory of the Russian Federation,
b) laws of the subjects of the Federation(Republican laws, laws of regions, edges) - those that are accepted in accordance with the distribution of the competence by the republics, other subjects of the Federation and distribute-Xia only on their territory.
The division of laws by branches of law is important. In accordance with this should be distinguished from-based laws.The most significant role in the legislative system (followed by constitutional laws) is played by: Administrative laws; civil laws; marriage-family laws; criminal laws; Land laws; Financial and credit laws; labor laws; in the horses on social security; procedural laws; environmental laws. In addition to industry, exist inter-sectoral laws,in which there are norms of several branches of law (for example, health laws in which there are administrative, civil law standards, other rights.
The combination of laws is legislation. Again, the concept of legislation is used in a narrow, accurate sense as a system of laws and wide - as a system of regulatory legal acts of all species, and sometimes both synonym for law. Therefore, when they talk about legislative acts - it means we are talking about the system of laws in a narrow sense, and when they talk about the acts of law, it can be not only about the laws.
All these "subtleties" need to be defined, notation, to first of all, lawyers, and other participants in public relations understood each other.
The regulatory act, which finds its expression and fastening the law, may have different forms. Along with the most common-strange form - the presentation of the law in a separate, separate written act - the theory of law allocates and regulatory acts in the form of codes (collections, lists - lat.). Civil, criminal, family, labor and other codes are compilations that unite on a single subject of regulation and, as a rule, the method of an extensive totality, a system of legal norms.
The code (codified act) is a single, violate, legally and logically solid, internally consistent law, another regulatory act, providing full, generalized and systemic regulation of this group of general relations Babaev V.K. Theory of State and Law. M. Lawyer. 2006. P. 397. .
Codified acts are of different Naelas - "Codes", "Charters", "Provisions", simply "laws".
A special character in the federal state belongs to codified acts of the federal level. They contain source and general provisions that are important for the entire federal state. The republics and other subjects of the Federation are accepted, acts in accordance with their competence on the basis of Fe-Deran Codes, other federal laws.
Codes relate to the highest level of negotiation. Each Code is, as it were, an independent, developed legal "economy", in which there must be "all", which is necessary for the legal regulation of a group of relations, and general principles, and regulatory institutions of all major times - Naturalities of these relations, and law enforcement norms, etc. Moreover, all this regulatory material is given in a single system, distributed by sections and chapters, agreed.
The "general part" or "general position", which includes the initial principles and norms, the general principles and the "spirit" of this branch of the legislation, are essential in each code (codified act).
The main role in the system of legislation is played from-based codes,those. Codified acts, leaving the relevant branch of the legislation. These codes are collected in a single focus, bring together the basic content of one or another legislative industry. All other laws, other regulatory acts of this industry, as it were, are adjusted to the sectoral code. In terms of the first Civil Code of the Russian Federation, it is said: "The norms of civil law, contained in other laws, must comply with this Code" (paragraph 2 of Article 3).
In some cases, laws on individual problems, an example of property issues, pledged, were published earlier as independent acts because he had not yet been adopted by the Code of Code (Civil Code) in which these problems would have to be semi-read Deployed and system regulation. It is quite clear therefore, for example, that after the adoption of the Citizen Code (part of the first), most of the previously accepted individual laws are canceled.
Regulations - These are issued on the basis of and pursuant to the laws of acts containing legal norms.
Summer acts have less legal strength than laws based on them. Despite the fact that in the regulatory legal regulation of social relations the main and op-determining place is occupied by the law, the regulations are also very important in the life of any society, playing an emergency and detailed role.
The following types of registered acts are distinguished:
1. Regulatory legal acts of the President of the Russian Federation. The President is the head of state, and in accordance with this, the regulatory acts (decrees) published by them occupy the following place and mandatory and for execution throughout the Russian Federation. As a subject of regulation of decrees, the main directions of internal and foreign policy are. If the decree of the Presidential Constitution and the laws of Russia is contradicted, on the basis of the conclusion of the Constitutional Court of the Russian Federation, the decree loses its strength. Compared to the laws, decrees are relatively rapidly accepted and take effect. In addition, the list of subjects of project preparation of decrees is not legally established, and as usual they are prepared by interested departments or government.
2. Regulatory legal acts of the government. The Government of the Russian Federation carries out the executive power in the country and, by implementing this task, takes decrees and issues orders. Solutions that are regulatory and most important are issued in the form of decisions. Decisions on current and operational issues are published in the form of orders. A feature of the acts of the government is that they can be accepted only on the basis of and in pursuance of the laws of the Russian Federation, as well as the decrees of the President of the Russian Federation.
3. Regulatory legal acts of ministries and other federal executive bodies (departments).Their feature is that ministries and departments may issue orders and instructions containing the rules of law, in cases and limits stipulated by the laws of the Russian Federation, the presidential decisions of the government. Therefore, the publication of any departmental act should be based on a special indication of higher authorities, although in practice it is often different.
Acts of this group are very numerous and diverse. These include orders and instructions, decisions, regulations, letters, statutes, etc. All of them are issued to implement the functions of public administration in various areas of public life (industry, science, culture, health, security, etc.) and are mandatory for all subordinated ministries and departments of organizations, institutions, officials.
Regulatory acts of ministries and other federal executive bodies, affecting the rights, freedoms and other legitimate interests of citizens, as well as any interdepartmental acts are subject to state registration at the Ministry of Justice of the Russian Federation and are published no later than ten days after registration. In accordance with the Decree of the President of the Russian Federation of May 23, 1996, "On the procedure for publishing and entering into force of the acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of the federal executive authorities": acts that have not passed state registration, as well as registered, but Not published in the prescribed manner, do not entail legal consequences, since the decree of the President of the Russian Federation dated 23.05.1996 No. 763 "On the procedure for publishing and entering into force of the Acts of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal authorities is not considered. executive power". // RG No. 99. 06/28/1996.
Registration in the Ministry of Justice of the Russian Federation is necessary to verify the legality of the rule-making decision of the Ministry or Office: Checking whether the Act does not infringe upon the rights and freedoms of citizens, whether they are not entrusted with the obligation not provided by the legislation of the Russian Federation. The specified acts cannot be referred to the courts when resolving disputes. This rule is the result of the struggle of the lawyers of many generations for the democracy of the adoption and application of departmental legal acts, whose execution entities are primarily citizens. Moreover, according to the rules for the preparation of departmental regulatory acts approved by the Government of the Russian Federation on July 23, 1993, the central bodies of the federal executive authority entrusted to bring the departmental regulations adopted by them to the information of the relevant government bodies of the Russian Federation, enterprises, organizations, institutions.
These acts come into force on the expiration of 10 days after the day of their official publication in the newspaper "Russian News" or in the "federal state of regulatory acts of federal executive authorities".
4. Regulatory acts of state authorities of the subjects of the Federation. Local regulations.The authorities and management of the subjects of the Federation, solving the tasks that arise before them, and according to their competence, make decisions by entering them into legal form. The regulatory legal acts published by them are distributed only in the territory of the respective regions. The solutions of the regional level (laws, orders) are brought to performers within seven days from the date of their adoption, but no later than the date of entry into force.
In theory of law, local regulatory acts are also called legal documents containing the rules of law adopted by the management entities in the enterprise, in the organization, etc. The regional administration of the subjects of the Federation (in some regions - the government) has the right to take decrees, orders, orders. The head of the administration on issues related to its competence may issue decrees and orders.
Common for all types of regulatory acts of the Russian Federation is the fact that they, along with the law, serve as a source of legality, that is, citizens and legal entities, fulfilling the norms of law contained in the subtitle acts, strengthen the regime and law enforcement regime. Citizens, officials and organizations are focused on adopted legal decisions. Among the registered acts there is its own hierarchy, derived from the hierarchy of administrative. Thus, the decision of the federal government is of greater legal force than the similar resolution of the Ministry, the regional government, the head of the city administration.
There are also local acts of state and non-state institutions and organizations of various forms of ownership. For legal design, legal institutionalization, these organizations create various legal acts: orders published by the head of the organization, charters and provisions on the basis of which operate. Such acts make up the lower link of the regulatory legal acts and in most cases, in order to gain legal force, must be registered in the relevant municipal authority. For example, the Charter of the Limited Liability Company (either another similar organization) acquires legal force only after registering in government authorities.
Regulatory act is a legal act adopted by authority to the authority and containing legal norms, that is, the instructions of a general nature and permanent action calculated for repeated use.
It is widely used in all modern legal systems (especially in the countries of the Roman-German Legal Family).
The advantages of the regulatory act in comparison with other forms of law are, primarily associated with the increase in the role of the state as a social life coordinator that reveals common interest and ensuring its centralized implementation, with the ability to adequately and promptly respond to changes in social needs, with a documentary written form, allowing you to easily and quickly bring the necessary information to the addressee, etc.
As follows from the very name, this is an act with a dual nature, i.e., at the same time normative and legal. It should be distinguished from the regulatory, but not legal acts (the charters of political parties, instructions for the use of household appliances, etc.) and from legal, but not regulatory acts (sentences and decisions of judicial authorities, orders for traveling by service, etc. ). The following signs are characteristic of the regulatory act.
This is a powerful volitional, coming from the state (or recognized) an act, the general communities of which are derived from the authorities of the authority, and therefore it occupies a certain place in the hierarchy of regulatory acts. With its help, the law-minded authority implements its powers in a certain field of public affairs management.
This is an act of law-conducting, establishing, changing or canceling legal norms. The norms that make up the main content of the regulatory act are aimed at regulating the behavior of the addressees through mutually corresponding typical rights and obligations.
This is an official act of a clear structure and details. For optimal storage and transfer of legal information, it is performed by a special style using specific legal terms, concepts and methods of building text.
Preparation, adoption, implementation and cancellation of the regulatory act pass in order of consecutive legal procedures, designed to optimize both the content and form of the act of the act and the procedure for its creation and implementation.
The achievement of the objectives of the regulatory act is provided by the economic, political, organizational, information and punitive power of the state. His violation entails legal liability.
It should be borne in mind that regulatory acts acting within the boundaries of a certain state are combined into a closed hierarchical system. Each of the elements of this system must comply with not only the competence of the body, but also the hierarchical bonds of the system as a whole. The regulatory act that comes into conflict with the constitution or other act of higher legal force falls out of this system and essentially becomes a form of manifestation of an offense. So not any act of law-conducting, containing the rule of law, is a regulatory act.
Types of regulatory acts
According to legal strength, all regulatory acts are divided into two large groups: laws and regulations.
Types of registered acts:
Decrees and orders of the President (the second, in contrast to the first, are accepted more on procedural, current issues);
Government Decisions and Decree - Acts of the Executive Body of the State authorized by the Competence of Public Process Management;
orders, instructions, the provisions of ministries and departments are acts regulating, as a rule, public relations that are within the competence of this executive structure;
solutions and decisions of local government bodies;
decisions, orders, decisions of local government bodies;
regulatory acts of municipal authorities;
Local regulations are regulatory prescriptions adopted at the level of a particular enterprise, institution and organization (for example, internal labor regulations).
Depending on the characteristics of the legal status of the subject of law-conducting, all regulations are divided into acts:
Government agencies;
other social structures (municipal bodies, trade unions, joint-stock companies, comrades, etc.);
joint nature (state bodies and other social structures);
Adopted on a referendum.
Types of regulatory acts depending on the scope of action:
Overacted;
subjects of the federation;
local governments;
Local.
Types of regulatory acts depending on the validity period:
Indefinitely long action;
temporary.
There are also regulatory acts such as directives and decrees that are accepted by international organizations. Directives, as a rule, make it possible to concretize the forms and methods of fulfilling their international obligations. Resolutions contain the requirements to be direct execution.
Regulatory legal act- The official document of the established form, adopted (published) within the competence of an authorized state body (official) or by referendum in compliance with the established legislation of the Republic The main features of the regulatory act:
- establishes, changes or cancels the rules of law;
- it is accepted (published) by authorized government agencies or by referendum;
- contains rules calculated on repeated use;
- Addressed an uncertain circle of persons.
Types of regulatory legal acts:
1. Constitution - The main law of the Republic of Belarus, which has a higher legal force.
2. Decisions of referendums - Operated to resolve the most important issues of state and public life.
3. Software laws - Associate in the established by the Constitution, and according to certain issues.
4. Codes(Regulatory legal acts) are and systematized the norms of law regulating certain areas of social relations.
5. Laws- Regulatory legal acts regulating important public relations.
6. Decorates of the President- Regulatory legal acts of the head of state, having the power of the law, published in accordance with the Constitution.
7. Decrees of the President- Regulatory legal acts of the head of state, published in order to implement its powers and establishing (changing, abolishing) certain legal norms.
8. Decisions of the Chambers of the National Assembly- Regulatory legal acts taken by the chambers of parliament.
9. Resolutions of the Council of Ministers- Regulatory legal acts of the government.
10. Regulations - Regulatory legal acts adopted (published) by the head of state, legislative, executive, judicial authorities, as well as local government and self-government bodies (a set of rules defining the procedure for the activities of the relevant state bodies and their units).
11. Instructions - the sub-banner regulatory legal acts issued in order to clarify and determine the procedure for the application of the legislative act, the order of the Minister or the head of another state.
12. rules - Forms of regulatory legal acts, which establish procedural norms that determine the procedure for carrying out any kind of activity.
13. Charters (positions) - Regulatory legal acts that determine the procedure for the activities of the state body (organization).
14. Orders - Published by the leaders of the Republican government bodies within the competence of the authorities headed by them in the relevant field of public administration.
15. Solutions of local authorities and self-government - by local councils of deputies, executive and administrative bodies within their competence in order to address local importance issues and have binding on the relevant territory.
Decorates of the President of the Republic of Belarus And laws come into force 10 days after their official publication.
Decrees of the President, Resolution of the Council of Ministers of the Republic of Belarus - come into force from the date of the inclusion of them in the National Register of Legal Acts of the Republic of Belarus.
Normative legal acts, Concerning the rights, freedoms and duties of citizens come into force only after their official publication.
The regulatory legal act does not extend its effect on the relationship, which existed even before his entry into legal force, except in cases where he softens or cancels the legal responsibility of citizens.
The regulatory legal act (its part) terminates in cases:
- expiration of the act of action;
- recognition of the regulatory legal act (its part) is unconstitutional in accordance with the procedure established by law;
- recognition of the regulatory legal act (part of its part) by invalid;
- cancellation of the regulatory legal act in cases provided for by the Constitution of the Republic of Belarus.
11.Initation of regulatory legal acts in time, in space and in a circle of persons.
Action in time Determined by the moments of entry into force of the regulatory act.
Loss of legal force :
a) the expiration of the term;
b) direct official cancellation of the current regulatory act;
c) replacing one regulatory act of another act.
Z. akon inverse does not have That is, it does not apply to the legal relationship arising before its entry into force.
In order of exclusion, the regulatory act takes reverse power:
a) if the indication of this is available in the act of act;
b) if it eliminates or softens criminal and administrative responsibility.
Also in order of exception can be applied another principle of the regulatory act in time - When the law, which has lost legal force, on a special instruction of the new law can continue to regulate some issues.
In space :
a) extend to the entire territory of the state;
b) to act only on some definite part of the country;
c) targeted for action outside of the state, although in accordance with the principles of state sovereignty the general rule is such that the laws of a state act only on its territory.
State Teres: Part of the globe (including land, subsoil, air and water space), which is under the sovereignty of this state and to which the state extends its power. Sovereignty applies to the terminus of its embassies, warships, all ships in the open sea and other objects belonging to the state and in the open sea or space.
Action of the regulatory act in a circle of persons : It applies to all persons on the territory of its actions and their addresses.
Exceptions:
(a) Foreign citizens and stateless persons cannot be subjects of a number of legal relations (for example, being judges, to serve in the Armed Forces of Russia);
b) foreign citizens endowed with diplomatic immunity and the right of exterritoriality, do not bear criminal and administrative responsibility on Russian legislation;
The circle of persons on which one or another regulatory act, can also be determined on the basis of sex, by age (minor), according to professional affiliation (for example, military personnel), as of health (disabled), etc.
