Law on other legal act abo. Understand and see normative legal acts
Normative-legal acts - the whole body of documents, which regulates the legal framework in all areas of activity. Tse system dzherel rights. It includes codes, laws, regulations of federal and municipal bodies of power, too. bud. Fallow in view of the normative act of yoga, it expands around the place, region, country, and zagalom. Acts of local significance are sub-ordered to documents of a higher level. Basis of the legal system.
How to demarcate see the regulatory legal acts and how to enter at the understanding
Under the normative act, a letter document, such as the Derzhdum, the order of the region, the municipal government agency, and the other subject of law-making have seen:
- official;
- according to the rules of confirmation and registration;
- at the borders of their own things;
- schob install and introduce into the diyu, change, roz'explain, pozupiniti chi to apply the diyu tієї chi іnshої norms of law.
Norms, how to be introduced in this order:
- obov'yazkovі to vikonannya;
- can be children timchasovo chi postiyno, zastosovuyutsya bagatorazovo;
Kozhen normative-legal act maє kіlka vіdminnih rice:
- Only a power can have the right to see such a document. Povnovazhenniya on tse mayut organs of sovereign power or mіstsevogo samovarduvannya, as well as deyakі posadovі individuals.
- The change of the act is the rules that regulate the suspension of the blues in your chi and other galuzi.
- The document is officially accepted. Іsnuyu vymogi before formalization: a letter-like look, a form is inserted, adding structure to the style of the week. For example, at the RF DD they folded, what can be the structure of the bill.
- The act is accepted in order. The procedure for laying down depends on which body of the government accepts what kind of document. For example, the Order of the Russian Federation approved the special rules for training. At the Constitution of the Russian Federation, the order of praise of laws was passed.
Іsnuyt also non-normative acts. Such documents:
- accepted on the basis of normative,
- address the singing number of osіb or organіv,
- fold for the completion of operational food,
- skasovoyut zv'yazku z vikonannyam.
Yake place normative-legal act sits at the global classification, lie in the first place
Normative acts are divided according to the number of criteria. Zokrema, for trivality dії, for the region dії and for a stake of osib, on which we embed the document:
- Acts are fast and fast. So, before the timing of the acts, laws on the federal budget for the first day and the planning period are announced.
- The scope of the normative act may be expanded:
- on the entire territory of the state (Constitution);
- on the peninsula part (Extreme Pivnich, Dalekii Skhid, region or locality);
- beyond the borders.
- According to the number of osіb acts, they are divided into spicy, special and vineyards. Complimentary acts are followed by the masses of the state. Special acts include the names of the category osib. Assignment of assets of the third type - include a group of specialties from the sphere of dії zagalnyh chi special assets. For example, such acts are only good for diplomats.
Also, normative legal acts are classified with legal force: tse laws and legal acts.
Why is there a difference between laws and sub-legislative acts as regulatory documents
The law as a normative legal act regulates the significance of legal rights. Yogo accepts the legislative governing body, and an hour later they call a referendum. The law can gain legal force equal to other acts. Yogo:
- accepts the superfluous representative body of the people themselves;
- you see, to fix the rules of mutual relations in important galleys of suspіlny vіdnosin.
To confirm the law, there is a special order.
Viriznyayut kіlka vidіv such normative acts:
- Constitution. Tse is the main law of the country, an act of the greatest legal force. The Constitution establishes the rule of law and freedom of the people and the hulk, designating the foundations of the suspіlny order, the form of government and the territorial order, the foundations of the organization of the organs of power, their renewal and mutual blueprint. Zhodin an act of lower equality and super-clearness of the Constitution.
- Federal constitutional law. Such documents develop the provisions of the Constitution. So, “About the Sovereign Coat of Arms of the Russian Federation” was seen from the statement at Article 70 of the Constitution of the Russian Federation. We have seen the provisions of the Constitution about the Order of the Russian Federation.
- Codes - Civil, Land, Zhitlovy, Criminal toscho. bud. The codes systematize the rules that govern the same suspension of blues. The Code is the normative center of the gallery, they are guided by it, if they see those other legal acts.
- Federal laws - tse regulatory legal acts, which occupy a large part of the legislation of the Russian Federation (for example, about advertising or about the contract system). Їhnє zavdannya - specify and roar the provisions of the Constitution and the FKZ.
- Law of the subjects of the Russian Federation. Tse mіstsevі laws, scho dіyut less than the bіlа republic, autonomous okrug, krai, oblast too. bud. Such laws are accepted by the power of the subject of the Russian Federation. As the provisions of such a law do not coincide with the provisions of the federal one, there are two rules. Priority - at the federal law, which should be fed, yakі vіdpovіdno to the Constitution perebuvayut from the vіdanny of the Russian Federation zahal. The law of the subject of the Russian Federation is a priority, as it is necessary to take food, as it is changed from the knowledge of the subject of the Federation.
The task of legal acts - to ease the vikonnanny of laws
Legislative acts - tse normative legal acts, yakі see on the basis of that on vikonannya zakonnіv. For the help of such documents, they slander and clarify the provisions of the laws. With such a document, new norms can be fixed, so that the stench is not super-readable to the laws.
The legal force of such acts is reviewed:
- Acts of the President of the Russian Federation. The most important of the legal acts. It is necessary to conquer them on the entire territory of the state. Such an act is seen, sounded, at the sight of a decree. Zmіst maє superechiti laws.
- Akti Uryad of the Russian Federation (decide, orders toshcho. Bud.). There is great power in relation to the acts of the federal bodies of the victorious authorities and the authorities. Not guilty of superechity laws and decrees of the President.
- Acts of federal bodies of vikonavchos (voting acts). Tse praised, punished, ordered, rules, instructions, regulations. They are seen on the basis of federal constitutional laws, federal laws, decrees of the President, orders of the Order, as well as on the initiatives of the bodies themselves.
- Acts of organizations of vikonavchos of subjects of the Russian Federation. Before such decisions are made by the heads of the order of the subjects of the Russian Federation, the bodies of the military vikonavchoi government.
Ієєєrarhіya aktіv lie not only in the їхної juridical force. At the same time, the recognition of the document is added. So, the law governs the most important suspension of blue, which is the first regulation. For the smaller ones, you can see the legal acts, which are secondarily regulated. The sphere of zastosuvannya pіdzakonnyh aktiv vzhe nizh law, but stink more detailed, dotted.
How the normative acts of different equals interact with each other, you can illustrate with a butt:
- For the Constitution of the Russian Federation, the citizens of the region seek the right to assemble peacefully, without arbitrariness, to hold gatherings, rallies and demonstrations, go and picket.
- How to realize the right to rallies for the people of the community, it is said in . Zakrema it says there that the President, the Order, the government agencies of the subjects of the Russian Federation should come in and see about this.
- The procedure for holding a public entry to the Sovereign Historical and Cultural Museum-Reserve "Moscow Kremlin", including Chervona Square and the Oleksandrovsky Garden, was appointed in the acts of the President of the Russian Federation.
- To submit information about the conduct, go to the federal authority of the subject of the Russian Federation, it is necessary to comply with the law of this subject. For example, near Moscow.
- At the same time, for entering the territory of monuments of history and culture, the Order of Moscow established a special order.
In this rank, in the management of this sphere, the tasks of laws and legal documents. Moreover, the laws are present in the underground camps, and they specify their legal and regulatory acts of the lower ranks. The same picture emerges in other spheres of a suspenseful life.
Normative legal act - This is a letter document adopted by a subject of law (a sovereign body, a body of self-regulation, institutions of direct democracy), which has an official character and obligatory force, which expresses the power to punish the directives on the regulation of suspensions.
Signs of a normative legal act:
1. This is a letter document, which has an internal structure, as it complies with the rules of legislative technology. The legal act is reviewed according to the variety of special terms, the presence of the established details (date, number, name, etc.).
2. A legal act is seen as an uplifting subject. The right to see the assets is established by the constitution, laws, and other acts. The skin subject is given a single form (forms) of the act, for which he has his own order (for example, the President of the Russian Federation creates only specify that order).
3. The legal act is seen by the subjects at the borders of their own competence, as established by the relevant legal norms.
4. A legal act expresses the will of a singing social unity. At the new one, the meta that task is fixed, on the top of such wines of straightening. Newly developed social interests.
5. A legal act to enter into a single system of legislation, zdiisnyuyuchi legal regulation is viable to a single goal and task of legal regulation.
The act of appointing the regulation of the hromadas. Tse can be reached by different methods, by way of fences, goiter and yazan, and by victories of different legal zasobіv.
Normativity is the most important sign of normative legal acts.
Normativeness expresses the severity of the change of the act, which fixes the order of the vodnosin, which is done for a long time at the hour.
legal force normative legal act is expressed:
In obov'yazkovomu vіdpovіdnostі dermal act to the principles and norms of the Constitution of Ukraine;
At suvoriy vіdpovіdnosti ofіtsіynoї klаsіfіkatsії akії, vystanovlenі by the Constitution of Russia and laws;
Known for ordering between types of assets - the Constitution, law, decree, etc.
At the established ієarkhіchnії supіdryadnostі aktіv soverzhnі organі, kotrі sіdat vіschu mіsce i nizhchiy іїsce іn the system і organіv vlady;
At the appointed substituent, the framework for accepting that second act, the first major change. The formulas “on substantiation of the law”, “subject to the decree, decree” are too thin. vyslovlyuyut tsey legal zv'yazok;
At the recognition of a legal act that ignores the established legal obligations, that violates the law and takes legal effect.
See normative legal acts
The system of normative legal acts, be it a power, has a special place in the constitution. The peculiarity of the constitution in that, in which the balance of social interests is fixed, the main theses are formulated, which may serve to consolidate the welfare.
A constitution is an act that, with its legal force and power, regulates the foundations of the organization of the state and the suspres, as well as the foundations of the mutual power of the hulk. The Constitution has a statutory character. Tse її vlastistst in that, її ordering act as the first basis, signify zmіst of all other normative legal acts of the state.
The peculiarities of the constitution are determined in such a way that it is created by a special subject - the people, which in a democratic state is the only power and bears sovereignty. The people themselves have the right to adopt a constitution and, for help, to establish those foundations of a supremacy and sovereign order, like wines.
The Constitution consolidates the form of the sovereign structure, the system of organs of sovereign power, the foundation of mutual relations between the people and the power, between the elements of the political system.
The law is the main legal act, which is seen as a legislative (representative) body, or is accepted by the way of the people's vote to regulate the most important suspіlnyh vіdnosin.
Signs of the law:
a) є normative expression of the will of the people in favor of various social interests;
b) accepted by legislative (representative) bodies or accepted by way of a referendum - a popular vote;
c) regulate the most important suppleness of blues, ensure the ordering of the development of all spheres of life of the suppleness;
d) the law has the greatest legal force among other legal acts;
e) the law is accepted after the legislative process in a special procedural order;
e) the law is characterized by the greatest stability and trivality of the basis, dії.
Laws in the Russian Federation are divided into two groups: laws that are accepted on the federal level and laws of the subjects of the Russian Federation. On the federal level, there are such types of laws: federal constitutional laws, typical (chi current) federal laws, codes, foundations, laws of the Russian Federation, federal laws on the ratification of international treaties.
Federal constitutional laws regulation of the most important suspіlnyh vіdnosin, directly designated by the Constitution of Russia, is accepted. I mean a group of federal constitutional laws to establish acts on the status of the most important state institutions and bodies. Tse law about the Ordinance, about the Upovnovazheniye of the rights of people, about the Constitutional Court of the Russian Federation, and other deeds. The second kind of constitutional laws regulating state-legal status. For example, the law about the order of the introduction of the supremacy and military camp on the territory of the Russian Federation.
For the help of federal constitutional laws, the warehouse of the Russian Federation can be changed, regulated by the adoption of new subjects to the Federation and the development of other nutrition of federal life.
Federal constitutional laws, up to Art. 76 of the Constitution of Russia, to maintain supremacy over federal laws.
Constitutional laws are taken in order. Adoption of constitutional laws on the basis of qualifications: less than three quarters of the total number of members for the sake of the Federation and less than two-thirds of the votes of the total number of deputies in the State Duma.
To establish the largest number of laws federal laws. Qi acts are not the same in their opinion, obligatory on the subjects of legal regulation, in compliance with other normative acts.
Revision of federal laws Code. The Code is the systematization of the unit of assets, rules and norms, which, however, regulates the sphere of suspension of water. Vіn stands as the main legislative act in that chi іnshіy sphere, from it they perebuvayut in their own spіvvіdnoshnіnі іnshі acts of tsієї galuzі law, legislation. Norms to the code є priority pіd hour regulation suspіlnyh vіdnosin norms aktіv svoєї galuzі. For example, the Civil Code of the Russian Federation can find legal force in the system of civil law acts. Codices have a collapsible structure, are composed of parts, divisions, divisions, articles and paragraphs. Їm pritamanny great obsyag, the scale of regulation.
Codifications apply the laws of law, leading to the vinyatkovy law of the Russian Federation (civil, criminal law and others.), Other codes are seen as subjects of criminal law (administrative, labor law).
Understanding the basics of legislation, fundamentals, basic principles mindful of the federal nature of the Russian state, the presence of two legal systems, and the division of the subjects of jurisdiction. From food, scho to become the subject of the joint jurisdiction of the Russian Federation and subjects, special acts are being created. On the one hand, to ensure federal regulation, and on the other hand, to allow law-making of the subjects of the Federation within the established framework. The names of such assets should be given such names: “the main principles”, “foundations”. For example, the Federal Law "On the foundations of state service in the Russian Federation".
Federal laws on ratification and denunciation of international treaties of the Russian Federation priymayutsya vіdpovіdno to Art. 106 of the Constitution of the Russian Federation. Tsі zakoni vіdіznyayutsya their names, the procedure of praise. The texts of international treaties in the form of laws are published in the Bulletin of international treaties. Vіdpovіdno up to paragraph 4 of Art. 15 of the Constitution of the Russian Federation, ratification of international treaties may take precedence over domestic legislation. In this rank, the document, which is the form of a federal law, has supremacy over other acts of this kind.
Legal normative acts
The system of legal acts is varied and numerical. The greatest legal force in the system of legal normative legal acts may order the President of the Russian Federation. The stench is seen from the power of the competence of the head of state, established by Chapter 4 of the Constitution of the Russian Federation. Decree of the President of the Russian Federation on obov'yazkovі bіlа sієї kraїni. Decrees of the President of the Russian Federation are not guilty of superstition of the Constitution of the Russian Federation and federal laws, they can be normative and non-normative. Їhnya vіdminnіst polagaє in the stepі vznáchennostі, personіfikovannostі. Normative indications addressed to an unmarked number of osib. Non-normative acts (indicate the order) can be demonstrated on the application of decrees on personnel nutrition. They are acts of law enforcement, shards of creation are viable to lawful renewal and addressed to specific people.
Decide the Order of the Russian Federation there are variations from the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation. The stench of obov'yazkovimi for vikonanny on the entire territory of the Russian Federation. The stench can be ordered by the President of the Russian Federation at the same time, as if the stench supersedes the Constitution of Russia, federal laws and decrees of the President of the Russian Federation (Article 115 of the Constitution of the Russian Federation).
Vikonannya decreed by the Order of the Russian Federation to be safe at the borders of the subjects of law and order of the Russian Federation and the federal law of the Federation and subjects. At the borders of these, the authorities of the Federation are renewed and the authorities of the Federation and the subjects establish a single system
Punish, decree, instructions are seen by all the innovations: ministries, state committees, federal services, inspectorates, observers and other departments.
All federal bodies of vikonavchos see normative legal acts, such as at the boundaries of internal water bodies, gardening services, and services to that body. The stench can see acts, obov'yazkovі to the masses and organizations that are not under the order of this department.
Usі acts of federal bodies vikonavchoї, yakі zachіpayut pravonichiy and lawful іnteresi gromadyan, pіdlyagayut state registration of speech at the Ministry of Justice of the Russian Federation. Mindfulness and official publication.
The system of legislation of the subjects of the Russian Federation, characterized by us before the appearance of constitutions and statutes, yakі є establishing acts of the subjects of the Federation. Number of acts consolidate the formation of bodies in the structure of the sovereign power of the subject, the procedure for conducting elections, the main forms of mutual modality from the mass self-regulation. Constitutions and statutes are subject to the federal Constitution and laws.
The law of the subject of the Russian Federation - normative legal act, which is accepted by the legislative (representative) body of the subject of the federation, subject to the Constitution
Russia and federal laws, the Constitution or the statute of the subject of the Russian Federation and the regulatory main power of the sovereign, economic and social development, which is in the subject of the Russian Federation. The laws of the subjects of the Russian Federation can also be created from the subjects of a sleeping law. Such acts are due to comply with federal laws in this sphere.
According to the laws of the subjects of the Federation, the presidents of the republics, the heads of the administrative territories, regions, autonomous districts and autonomous regions, the measures of federal significance, as well as the authorities of the subjects of the Russian Federation, decree, decree, punish, punish normative legal acts. Qi acts are seen at the borders and forms, installed for the relevant organs.
Acti organіv mіstsevogo samovryaduvannya. Organi mіstsevogo samoryaduvannya between their competences also create normative legal acts. With their butts, they can solve, order, punish municipalities, please just. organ. The greatest legal force in this system may be the statutes of the municipal offices. Acts of the municipal authorities of the prosecutor's office and the settlements' rules of self-regulation establish obov'yazkovi norms of law for the population of the affected territories. By these acts, the status of the bodies of the prosecutor's office and townships, the order of formation, renewal, the procedure for managing municipal authorities, the rules of social order and other norms of social significance are established.
Understanding the systematization of normative acts
Systematization of normative acts- tse diyalnist, straightened out thoroughly and in the order of normative acts, brought into the single system.
The essence of the systematization of normative acts affects the usunennі protyrіch, inconvenience and other shortcomings of ceremonial legislation.
The meta-systematization of normative acts helps in the ordering of dignified legislation and the surplus to stability, internally narrowed the normative system.
The subjects of systematization are state bodies, legal services of organizations, and private individuals.
Bringing normative acts in order to the system is implemented in three ways:
A way to see the collection of normative acts,
By the way of reworking that addition of strict norms of law, which means the creation of new normative acts,
Way of consolidation of a number of normative acts per one act consolidation.
Systematization is necessary for ensuring the availability of legislation, the transparency of its corroboration, for the elimination of clearings and the resolution of legal conflicts.
Type of systematization of normative acts
Behind the method of bringing into the system There are three types of systematization of normative acts: incorporation, codification and consolidation.
Incorporation- tse citation of normative acts in the system without changing their way of seeing different selections. Corporate publications are collections of laws, other normative acts, collection of legislation and laws.
Incorporation of different species:
1. According to the principle of consolidation, there are two types of incorporation: chronological (by fate) and systematic (on the subject of legal regulation).
2. The deposit is obligated to the general (general), if it includes all active assets of the equal type and private (non-private) incorporation, tobto. if you choose to avenge only one part of the normative acts.
3. Behind the neck of the incorporation is, possibly official, that. zdіysnyuєtsya sovereign authorities or for їх assignments that unofficial, tobto. carried out by organizations and private persons on their own discretion.
Codification - the purpose of bringing normative acts into the system by way of reworking and supplementing legal norms, changing them and adopting new laws.
behind zmistom see three codified acts : Fundamentals of legislation, codes, statutes, regulations, rules
The foundations of legislation establish the most important provisions (basic ambush) of the laws of law and spheres of sovereign regulation. Foundations to establish a normative basis for the codification of activities of the subjects of the federation.
The statutes regulate the entire sphere of sovereign activity, for example, the work of railroad transport, inland water transport, military service, and so on.
Regulations - tse normative acts of the influx, yakі in detail regulate the status of the organization of activities of state bodies, organizations and installations. Take, for example, the regulations on the service of the bodies of internal affairs.
Rules - tse normative acts that determine the order of organization of any activity;
The codification of acts to form the basis of activity, legislation and insurance on the trial of the regulation of suspіlnyh vіdnosin.
Consolidation legislation - tse addition of a plurality of normative acts by merging them into one aggregation act, which replaces the acts that were introduced before the new one. When consolidating, the value of previously praised assets is not changed. Vodnochasya carried out їх editorial correction: suvayutsya rubbing, repeat that dovgoti.
All normative legal acts with legal certitude can be divided into two groups:
1. Lawy- Tse normative-legal acts, which have the highest legal force, which are accepted in a strictly special order by the greater legislative body of the state or the subject of the Federation, and which regulate the most important suspensions of water.
The following types of laws are divided:
- Constitution
- Law, what is accepted by the food, what is unconditionally tied to the Constitution.
- Federal current laws- Tse acts of current legislation, dedicated to various aspects of the social, economic, political and spiritual life of society;
- Law of the subjects of the Federation- Tse laws, as they appear without intermediary representative bodies of the subjects of the Federation and expand their activities in the foreign territory
2. Legal acts- Tse law-making acts of the competent authorities, yakі zasnovanі on the law and do not supersede yoma. Legislative acts may have less legal force due to the date before the laws.
Prior to the by-laws, the following shall be considered:
Normative-legal acts of the President of the Russian Federation (decree, order);
Regulatory legal acts to the order of the Russian Federation (order, praised);
Normative-legal acts of the ministries and other federal bodies of vikonavchos (punishments, instructions, regulations, orders);
Normative-legal acts of the sovereign power of the subjects of the Federation.
Law: understand, signs, see.
law- tse adoption in a special order of the act of the legislature, which may have legal force and directives for the regulation of the most important suspіlnyh vіdnosin.
Law- this is an act of law-making, which has the greatest legal force, directing the regulation of the most important suspensory funds and is accepted in a special order by the greater legislative body of the state of the subject of the Federation, or without intermediary people.
The main signs of the law:
1. May I gain legal force in order to borrow a title after the Constitution, a place in the hierarchy of normative legal acts.
2. It is accepted only by the competent legislative bodies of the state, or by the subject of the Federation, or by the people.
3. Regulates the most important suppleness in the sphere of economic, political, cultural, social and spiritual life.
4. Accepted in a special and officially approved procedural order.
5. Є zagalnoobov'yazkovim. Tse transfer, scho yogo norms of guilt dotrimuvatisya and vikonuvatisya by all sovereign bodies, townspeople, hromadas, hromada organizations, legal persons without blame.
See laws:
1. Outside the sphere, they divide:
Federal laws;
Law the subjects of the Federation.
2. According to the subjects of lawmaking, they are distinguished:
Laws adopted by the legislature in the process of lawmaking activity;
Law, praised by the people at the result of the referendum.
3. According to the subject of legal regulation, the following are distinguished: constitutional, criminal and legal, civil and legal, too.
4. Behind the line dії:
Stay;
Timchasov.
5. For the current legal force:
- Constitution- This is the main normative legal act, which is the supreme legal force, which consolidates the foundations of the constitutional harmony, the rights and freedoms of the people and the hulk, the form of government and the sovereign structure, which establishes the federal authorities of the sovereign power.
- Federal constitutional laws- Law, scho priymayutsya s power, without intermediary povyazanyh s Constitution, as well as serving as a base for current legislation.
- Federal laws.
- Law of the subject of the federation.
Legal acts.
Sub-legislative legal act(PNPA) - a legal act to the body of the structure of state power, which has lower legal force, lower law. It is not necessary to distinguish between a state and a power, for example, a self-regulation should not be included in the system of organs of state power - article 12, the Constitution of the Russian Federation - Russia.
Classification:
In the Russian Federation on the federal level, up to the legal acts, there are:
Decree of the President of the Russian Federation;
Decide that order to the Order of the Russian Federation;
Acts for the Central Bank of the Russian Federation, ministries, state committees and other institutions of the past;
Decree of the Chambers of the Federal Assembly of the Russian Federation;
Decisions of courts and arbitration courts.
Beyond the scope of diy:
Zagalni (death of all powers)
Mіstsevі (dіyut at the okremіy mіstsevosti)
Vіdomchi
Local (internal organization)
Individual (seen in times of recognition of the basis of individual legal norms, for example, in the communicative theory of law).
By the organs that you can see(hundreds of the system of normative legal acts of Russia):
Decree of the President of Ukraine;
Decide the Order of Ukraine, state committees, administrations;
Punishments, instructions, instructions and other relevant local acts;
Decisions of representative bodies of the local self-regulation.
The communicative theory also sees domestic state autonomous legal acts(Contract that you please), as zagalnonormativnі so і іndivіdualno-normative, as well as all heteronomous іndivіdіdualnі pravovі acts.
Sub-legislative legal act cannot be super-ready to the law, to that behind the hierarchy of normative legal acts (NLA), wines stand lower than the law and the sublegal act, which should be understood literally.
The characteristic signs of legal acts are those that:
1. The stench is accepted by the law.
2. The stench priymayutsya vikonannya law.
3. The stench can super-read the law.
4. The stench mayut menshu legal force according to the law.
Fallen to the body, which, having adopted the sub-legislative regulatory act, separates:
1. Legal legal acts– all legal and regulatory acts of global competence, which are expanding in general, no more than the territory of the region. For this, the state administration is helping to coordinate the economic, political and socio-cultural life of the country.
There is a headline in the system of legal legal acts to lie:
Decrees and orders of the President, as the head of the state, yakі may have the greatest legal force following the law and regulate the main directions of the internal and external policy of the state;
Acts of the order, which are accepted on the basis of laws and decrees of the President and the ultimate operational support of the state administration of the economy, health care, education, social and cultural life, etc.
2. Vіdomchi normative acts- TSA Regulatory-rule, Akti, Yakі fit in conjunction of your compets, by the mіnіnіstysts, holds_tetatsuytati, etc., regularly, Yak Rule, Suspіlnі Vіdnosini, Scho Bid in Mezhah Kompetsії Danaїvko | I'm healthy too). Sound such acts are seen in the form of orders, instructions, praise, orders, regulations, lists, statements, statutes and others.
3. Mіstsevі normative acts– all legal and regulatory acts of representative and vikonavcho authorities in localities (near districts, towns, villages). You can see the local organs of the representative government and the organs of the representative self-regulation. Diya tsikh aktіv zamezhena pіdvladnoj їm territorієyu and obov'yazkovі for all osіb, yakі live on tsіy teritoryії. Tse mozhe buti decision, order, ordinance of the organs of the local self-regulation.
4. Local (internal organization) normative The actors are accepted within their competence by the administration of enterprises, setting up to expand their activity on the practice of the enterprises.
In the entire history of its foundation, mankind has often tried to know the most effective regulator of social benefits, which could be used to infuse that skin giant okremo into all directions. At the process of searches, there were different solutions, but the smells did not bring a reliable result. And yet, closer to ours, the right was found. In fact, they were sanctioned by that other state, princedom and other territorial formation of moral norms, which victoriously stand in the middle of the court.
Such a regulation, having become a prototype of the right of that sense, which is known today, in which all people understand it. Prote is of great interest as the very structure in a given country, and the mechanism of their direct implementation. This process is underway at all times for additional official orders from the side of power. As a rule, such punishments were drawn up, or rather, they were prescribed in specific documents, as they are called "regulatory legal acts" today. It should be noted that in Russia, as well as other powers, official documents, with the method of ensuring the effectiveness of the implementation of their provisions, are included in a single ієarkhіchnu structure. The very beginnings of the NPA hierarchy can reach the most accurate regulation of the vessels in the suspіlstva.
Understanding NPA
The legal system of the Russian Federation is respected by the structure, one of the elements of such a NPA. For the sake of examining the features of the entire legal policy of the Russian Federation, it is necessary to familiarize yourself with the key provisions of the understanding of the NLA. According to the tradition that has developed, in the theory of power and law, normative acts are considered as official documents that may have been inserted into the form.
The stench seems to be no more than the competence of another sovereign body and to avenge a lot of obscene language norms of behavior. NPA, sing, the insurance is large number of osib, like zastosuvannya to be carried out more than once. It should be noted that normative acts can also be seen by a referendum with the improvement of all legislative procedures. A similar practice has been introduced in the rich lands of the world, but the oskolka outwardly characterizes the regime of the people's rule in the best way.
Regulatory act yak dzherelo rights
In the lands of the Romance legal system of law, the hierarchy of normative legal acts plays a primary role in the process of regulation of legal systems. To the fact that the NLA of such powers is basically right. Such documents are seen as less than uplifting bodies at the boundaries of their competence. For the most part, a form has been introduced to certify that NLAs are formed according to all the essential parameters of legal technology. As a rule, the hierarchy of normative-legal acts is less common in the lands of the Romance family, but in the Anglo-Saxon powers it is the key case of judicial precedent. And here the ієrarchіchіchіnіst of the structure of the NPA is simply not needed.
See the main legal acts
If you take into account the peculiarities of the legal system of the Russian Federation, then the normative acts, as a better understanding, can be mentally divided into two great groups, and itself:
1. Zakoni, then NPAs, as they are accepted not just by the most important bodies of state power, but by legislative bodies. Of course, laws can be called all acts that are seen in a lot of lawmaking.
2.Legal acts- all official documents that are seen by state authorities within their competence and, as a rule, on the basis of earlier laws. Before such documents, one can add the acts of the President of the Russian Federation, order, ministries, and other federal departments.
Varto designate that on the basis of all the systems represented by the Constitution of the Russian Federation, that is the basic law of the state. Usі zaznachenі see the main normative-legal acts of the Russian Federation to characterize the tired legal traditions of our country.
Legal hierarchy
The ІІєrarchy of the Russian Federation is framed by a sevnoy sukupnіstyu factors, for the help of which, theoretically, the need for nadannya to one act (their types) of greater legal force, lower than others, is theoretically obstructed. It is subdivided into two main types:
1. Vertical hierarchy of normative legal acts of the Russian Federation - subdivided all official documents of the Constitution up to the last of the leading acts. There are two main types of vertical hierarchy, the same: federal (which is established throughout the territory of the Russian Federation) and local (river of the sub-federation).
2. The horizontal hierarchy of normative acts of the Russian Federation shows the differentiation of all official documents in each area of zastosuvannya. Miraculous butt of local acts of subjects of the Russian Federation. Mіzh themselves stinks є equal legal force, but the normative regulation of them zdіysnyuєtsya only in the boundaries of the territory of the song subject.
For a more detailed understanding, as a representation of the main legal acts, organizing the right regulation of the hromada waters, it is necessary to look at their peculiarities side by side with each other. It should be noted that in the process of training lawyers-practitioners there are special tables. With the help of law enforcement officers-pochatkivtsi to be aware of the peculiarities of the structured system of legal acts. Also, to help you understand, what is the hierarchy of regulatory legal acts of the Russian Federation, the scheme. With help, it is easier to detect the misguided system of legal acts.
Russian Constitution
The entire legal system of the Russian Federation is enshrined in a single main sovereign normative act - the Constitution. Like in other lands, the main law of the Russian Federation to avenge the principles of ensuring the rights and freedom of the citizen, fixing everything on legislators, vikonavchi and courts, as well as the mechanism of their mutual interdependence. Although the Constitution of the Russian Federation is called the Basic Law, it must be held in a specific order. This is how changes are made to the basic law. Vіdpovіdno to the provisions of the Constitution of the Russian Federation, її zmіna be carried out by the way of squealing Ale, such an order is implemented only in that case, as it is necessary to review the entire law as a whole. In other situations, amendments to the Constitution shall be made in accordance with federal laws.
Principles enshrined in the constitution
The hierarchy of regulatory legal acts of the Russian Federation does not only enter into the Constitution, but it is also rich in what it will be based on the principles enshrined in it. Krim tsgogo, tsі principles characterize the framework of legal regulation in the state. You can see the following provisions of the basic law:
1. Democracy of the state and power.
2. People's ruler.
3. Federal principle of territorial organization.
4. Russia is a legal and social power.
5. Humanism of the suspіlnyh vіdnosin.
6. Svіtsky character vlady.
7. The form of government is republican.
federal laws
The hierarchy of normative acts of Russia, so as not to take to respect the Constitution, which is the basis of the legal system, is distinguished by federal laws. The federal legislation itself suggests an uninterrupted flow on the suspension of water, which must be regulated. Whose laws can be tormented by mayzhe be-yaki food, є the subject of vedennya without intermediary federation її її subjects. Norm tsikh NPA є obov'yazkovimi for vikonannya on all levels of regulatory regulation. The legal acts, as it seems, are not only responsible for complying with the norms of laws, but not super-clear.
As a rule, federal laws are adopted from such food, for example:
Making amendments to the Constitution of the Russian Federation;
Schodo federal arrangement of the Russian Federation;
Defender of the right and freedom of a people, a hulk;
Regulation of the three-stage system of bodies of legislators, ships and vikonavchos;
establishment of the federal budget;
Safety, security, law and order;
Regulation of other governmental and internal policies;
Meals, which are not covered by federal legislation, are regulated by subjects. The prote ієrarchіya normative-legal acts of the Russian Federation is in fact ocholyuєtsya by laws, which should be noted about their significant role. Therefore, the provisions of the Federal Law are priority.
Vidi FZ
Law, like that іnshі NPA, mayut vlasnu klasifіkatsіyu. As a rule, all laws of the Russian Federation are divided into two key types:
1. The main laws, tobto normative acts, seen by the way of lawmaking, we will upovnovazheniy those bodies of power of regulation of quiet chi іnshih pravovidnosin.
2. Law on the introduction of amendments - tse specific normative acts that may have equal legal force from the Federal Law. In fact, the stench of laws, prote їkhnіmi polіzuєєєy prіznієє zminі dvornogo legislаvіє, but chi not regulivannya be-yakіh vіdnosin.
In addition, it is necessary to designate that the hierarchy of normative legal acts in the Russian Federation should be avenged by the so-called codes. Qi acti є kodifіkanimi sbіrnikami chislennyh pravovih norms, scho o'dnani є one subject reguljuvannya.
Legal acts
The Crimean Constitution and the Federal Law, before the ієrarchії of NLA, there are also legal acts. The stench is seen in the sphere of supervision of other organs and departments for the operational and "point" regulation of specific outputs and the execution of singing tasks. The legal acts of their own array are subject to the acts of the President of Russia and in order. As for the Presidential Acts, they, as a rule, regulate food, conferred on the assignment of class ranks, honorary titles, recognized for planting an organ of power, political altar, as well as other food, which is blamed on the process of international sportswomen. Legal acts in a row - tse legal acts of the greater ones that are seen for the security of vikonavchi rule in the state.
Visnovok
Also, we have presented an understanding of this article, you see that the hierarchy of regulatory legal acts in the Russian Federation. It should be noted that the power supply will still require some legal supplements, so that the legal regulation on the side of the sovereign power is implemented effectively.
Rule of law- tse vyrazhene in the laws of others dzherelakh rights zagalnoobov'yazkove rule of conduct, as if protected from destruction by the visits of the sovereign primus.
See legal regulations:
- Regulatory - establish a subjective right-hand man and obov'yazki (the order of laying the dress).
- Protective - restore the minds of zastosuvannya entering the sovereign-primus infusion (moral squabbles).
- Zobov'yazuyuchі goiter'yazyuyut peevnі dії (payment for travel).
- Upovnovazhenі - give the opportunity to instigate peevnі dії (give poses before the court).
- Fence.
Regulatory legal act- Official act, vision by a sovereign body, in which the rule of law is being enforced. Vin is the main body of law in the Russian Federation. A normative legal act is characterized by a low sign:
- to avenge the rule of law;
- to look like a power or like an organization, like a power transferred its right;
- priymaєtsya z dotrimannyam sevnoї procedures that may zazdalegіd established legal force;
- there are signs of an official written document: the name of the act, the statement of those, de, if it was accepted; the presence of the necessary signatures on the signature of the official landowner and registration number;
- maє chіtki timchasovі, expanses and sub'єktivnі interі dії.
Diya normative-legal act in the expanse is assigned to this territory, within the framework of which wines may have legal force.
The date of the normative-legal act is determined by the moment the act enters into legal force, that moment is attached.
Diya regulations Aktіv for Kar Osisb is visited by a stake sub'ctiv, in the prickly, the act, Yakscho, the law is not originated by Іrshe. For zagalnym rule, all subjects of law, scho znahodatsya on the territory of the state, potrapleyat under the scope of di ї її legislation.
All normative and legal acts, which are seen, are connected with each other and are in a suvoriy ієrarchії. This hierarchy is the basis of their classification. Conducting the classification criterion is the legal status of a normative legal act. Vona vkazuє on the place of the act, its meaning, its supremacy, its suborder, to lie in the position of the role of the body, which has seen the act. See so see normative acts:
See laws:
- Constitution (law of laws) - the main establishing political and legal act that consolidates the constitutional order, the rights and freedoms of the people and the hulk, that determines the form of government and the sovereign structure, which establishes the federal authorities of the sovereign power;
- federal constitutional laws - are taken into account, transferring them organically to the Constitution of the Russian Federation (for example, federal constitutional laws about arbitration judges, about military judges, about the Constitutional Court of the Russian Federation, about the judicial system, about a referendum, about the Order of Russia, then);
- federal laws - tse acts of current legislation, assigned to different sides of the social, economic, political and spiritual life of society (for example, the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Simeyny Code of the Russian Federation, etc.);
- the laws of the subjects of the Federation - are seen as their representative bodies and they expand only on the territory (for example, the law of the Saratov region on municipal services in the Saratov region, about social guarantees, too.).
See legal acts:
- decree of the President of the Russian Federation - things for the legal force of legal normative acts;
- decrees to the Order of the Russian Federation - an act of the supreme body of a state endowed with wide competence in the management of subsidiary processes;
- punishments, instructions, regulations of ministries, departments, state committees regulate, sound, suspіlnі vіdnosiny, scho at the borders of competence of the tsієї vykonavchoї structure;
- decisions and resolutions of the local authorities of the sovereign power;
- decisions, orders, praised the local authorities of the state administration;
- normative acts of sovereign bodies;
- local normative acts - tse normative order, adopted only on the level of a specific enterprise, established by the organization (for example, the rules of the internal labor order).
Oskіlki law is an act, adopting order, following the rule of respect until the law is created, tobto. legislative process. Wine includes a spate of the last steps:
- Legislative initiative- official proposition regarding the upovnovazhenih osib or state bodies (deputies, president, council) to praise that other normative legal act by way of introduction of bills to the legislature body, which commend the obov'yazykovomu razglyad.
- Negotiation of the bill- zdіysnyuєtsya at the law-making body, as a rule, at a few readings.
- Accept the law- to vote at the meetings of the legislature body by way of voting for or against.
- Publication (promulgation) of the law- tobto. bringing the populace to the light of day. The publication of a law, as a rule, is formed by the signing of a distant official publication praised by the head of state to the law.
