NPA is ... Municipal legal acts. Types of NPA
In the legal system of Russia the diversitysources of law is very large. But it is based on the notion of a normative legal act. What is the specificity of their publication and what are the varieties of these sources of law? Can it be interpreted in different ways? Which ones?
Traditional vision of nature NPA
Some lawyers consider the following to be typicaldefinition of the term "regulatory legal act". This is a document in writing, which is accepted by the subject of law (state agency, local government structure or direct democracy institution) for the purpose of expressing the dictates of power and regulating relations in society.
The main property of normative legal acts (or abbreviated as NRA) is normality. Also, such sources are endowed with the property of legitimacy that is not subject to challenge.
Scientific vision of nature NPA
Among scholars, lawyers, there is an opinion that the NAP isa written document that expresses the official will of the public authority concerning the establishment, adjustment or cancellation of certain norms of law (rules of an obligatory nature that are subject to repeated application).
Official vision of the nature of NPA
Among the state authoritiessamples of other definitions of what is a regulatory legal act are used. According to one of them, the NRA is an act containing legal norms and regulations that are designed for long (as a rule) use and distributed to an indefinite (or very wide) circle of persons.
The Supreme Court of the Russian Federation at one of the plenums also gavedefinition of NRA. In the opinion of the judges, acts of authorized authorities or officials that establish legal norms or rules of conduct directed at an indefinite number of persons and subject to repeated application, regardless of the presence or absence of legal relations governed by the act, are recognized as normative-legal.
Classification of IPA
There are different types of NPA. There are several grounds for their classifications. One of them depends on the legal position of the issuer of laws (dealing with law-making). The system of normative acts adopted in Russia implies the following classification of sources of law according to the criterion in question:
- These are acts of state bodies (on behalf of the Government of Russia, regional or municipal structure of executive power).
- These are codes of norms issued by public associations (as well as corporations).
- These are joint normative acts (which state agencies publish, combining efforts, for example, with corporations).
- These are sources of law adopted by referendums through the direct expression of the will of the people.
Types of NPA may vary by geographyapplication. There are federal normative legal acts, sources of law of subjects, as well as laws issued by municipalities, and local acts (corporate, at the level of institutions). Another reason for the classification of the NDA is the period of validity. There are documents whose validity is not defined, but there are temporary sources of norms.
Laws and acts of the application of law
Some lawyers differentiate the concept of the NAP and such a phenomenon as the act of applying the law. The differences between these two documents can be in the following nuances.
- First, the legal acts are designed formanagement of typical, relatively common social relations. Acts of application of law govern particular situations, create precedents. An example is the Civil Code of the Russian Federation is the NAP, and the decision of the mayoralty concerning the appointment of those responsible for the greening of the city is an act of applying the law.
- Secondly, it matters who is the source of the law.
Normative legal acts are, as a rule, notpersonified. They are addressed to an indefinite number of people. Acts of application of law have an individual focus. The NRA can establish, adjust or cancel any norms. The act of applying the law does not have similar properties. It can be part of the law enforcement process related to the requirements of regulatory legal acts.
NLA and non-normative legal acts
A number of experts consider it necessary to distinguishthe notion of NPA and "non-normative legal acts". The criteria are as follows. The normative act is the result of the legislative work of government bodies and officials. They have rules and regulations of a mandatory nature, not personified, designed for long-term use. Non-normative acts do not contain any of the listed characteristics. One of their possible definitions is "prescriptions limited in time and addressed to specific subjects".
At the same time, there is an opinion that non-normative actsare more stringent and set unambiguous instructions indicating the legal consequences for a particular person or group. The Code of Civil Procedure of the Russian Federation contains the rules by which a person who believes that a non-normative legal act issued in his address violates the principles of rights and freedoms may contest his obligations that have come about according to the content of the act.
Scope of federal laws
One of the key types of federal NAP in Russia is the laws. To their sphere of regulation, according to some lawyers, the following key issues are:
- realization of rights, freedoms, duties of citizens, their protection;
- establishment of norms of legal responsibility of citizens for those or other actions.
The sphere of regulation of the Federal Law concerns issues of federal relations. It is the management of democratic processes (elections of different levels, referendums).
Legal acts of the Russian Federation at the federal level are responsible forratification or denunciation of agreements signed by Russia with other states. Federal laws regulate budgetary policy, collection of taxes, duties. FZ - sources of norms relating to national security, military policy. At the federal level, key issues are resolved with regard to the justice system, the resolution of civil disputes, the work of arbitration, lawyers and lawyers. Federal laws are designed to regulate various spheres of public life and state building. There is a Federal Law "On Joint Stock Companies", there is a similar act regulating the activities of LLCs. Some lawyers allow the classification of the Federal Law into two types - current acts and codified ones.
Constitution - an act with a higher legal force
The most important Russian NAP is the Constitution. He has the highest legal force. This source of law is endowed with a constituent character: the prescriptions and norms contained in the Constitution are the basis for absolutely all other legal acts issued in Russia. Published this source of law is none other than the Russian people. The Constitution is not only a legally significant document. This is the basis for the process of key social and political processes. It expresses the public consent of people, each of which may have a completely unique political interest. The Constitution of the Russian Federation contains key characteristics of the state structure, the structure of government bodies, relations between the population of the country and socio-political institutions.
Specificity of federal constitutional laws
Laws of Subjects of the Federation
Each of the subjects of the Russian Federation - be it an autonomousdistrict, province, province or republic - have the right to issue their own laws. Such normative legal acts are adopted by the legislative or representative body of the entity (most often, this is the state council). The acts issued by the authorities of the constituent entities of the Federation are called upon to regulate matters concerning the key directions of the social political and economic development of the region.
The main criterion is the conformity of thethe law of the Constitution of the Russian Federation and other, having higher legal force of the NAP. Example: there is a Federal Law "On general principles of local self-government". The norms prescribed in it must be taken into account when forming the legislative base concerning the work of municipalities of the subjects of the Federation. If, say, the State Council of the Republic of Tatarstan passes its law on local self-government, then the norms contained in it should not contradict the Federal Law mentioned above. Some lawyers believe that the effect of NAPs taken by state bodies of the subjects of the Federation can not extend to civil legal relations, as they are outside the scope of the conduct of regional structures.
Features of municipal legal acts
Municipal legal acts differ from NPAfederal and regional level by the fact that they operate only on a certain territory - a city, a district or a district. The system of legal acts of the municipal level consists of the following sources:
- the charter of the territorial unit;
- sources of law issued by a local representative body;
- Acts passed by the mayor, administration and other officials (in accordance with the charter).
Municipal legal acts can be adoptedpopulation in a local referendum or a gathering. It is noteworthy that these NAPs have equal legal force with the charter. Moreover, several years ago, the Ministry of Justice of Russia issued an order regulating the ratio of the municipal charter at the stage of its state registration and sources of law approved at the national assembly. If there are norms in the approved charter that contradict those contained in the NRAs adopted at the referendum, then it is recognized as not in conformity with the Constitution of Russia and can not be registered.
International Law of the Russian Federation
There is a special type of normative legal acts - the Federal Law onratification or denunciation of international agreements of Russia. They are adopted on the basis of the provisions of Article 106 of the Constitution. These laws have a specific adoption procedure, but they are a full-fledged part of the national legal system. The publication of normative and legal acts of this type is through the Bulletin of International Agreements. Article 15 of the Constitution states that treaties signed by the Russian Federation with other countries are more prior to national legislation. And that is why some lawyers call such NPAs the highest in the hierarchy of federal laws.
Government NRAs
Normative acts of the Government of the Russian Federation are published inaccording to Article 115 of the Constitution, as well as in accordance with the norms of the constitutional law "On the Government". What is the legal nature of the governmental ABA? In order to comply with the requirements of the Constitution, Federal Laws, presidential decrees, the Government of Russia publishes special forms of documents - resolutions, orders, and also monitors their implementation. The acts issued by the Government are thereby subordinate. They must fully comply with the Constitution and other sources of federal law. The judgments, according to some lawyers, are the most significant type of government IPA. These sources regulate key issues within the competence of the executive power of Russia. Orders are normative and legal acts that regulate current issues. Both types of government sources of law are adopted, as a rule, by the Presidium, but in some cases the Prime Minister himself may publish them.
