Together with other sources of law, custom andprecedent normative legal act is considered a relatively late fruit of the formation of jurisprudence as a separate institution of social relations. Today it acquires a greater significance even in those countries where religious beliefs serve as the basis of the state system for more than one century. In our country, a significant role has been assigned to a normative legal act long ago. Laws and presidential decrees, administrative documents of the executive branch of government are the foundation of legality and the supremacy of decisions taken in all spheres of social relations.
The role of laws and by-laws as legal sources
History remembers several legal forms,used directly on the territory of the modern Russian state: this is a voluntary agreement, directly a legislative document and custom. Each of them has a different meaning, has a separate scope. Domestic judicial practice has never officially served as a direct source for the application of previously adopted decisions in precedent cases.
And although the normative acts are the mostcharacteristic for the RF form of law, the ability to legislate is given to only the highest state structures. In our country, law enforcement is allowed to representative bodies and the executive branch. In addition, each state body is competent in issuing normative acts on exceptional issues, that is, under its jurisdiction.
Speaking of regulatory legal acts as sourcesrights, it would first have to determine the features of their action. From the moment it enters into legal force until its loss, they operate in a limited territory. After the announcement (publication) of the provisions of the law are applicable until the document that abolishes, suspends its operation or allows making certain changes to it is adopted.
What are the normative legal acts in the Russian Federation?
Normative legal act as a source of Russianrights can be classified by several parameters. If his instructions are intended for a particular circle of persons, the approval of a special decision is implied. Documents that do not have a specific indication are mandatory for all citizens.
In addition, decisions of government agencies may havefederal importance or regional. In a hierarchical system, every document adopted at the state level has its own level depending on the legal force. You can conditionally distribute them in the following order:
- The Constitution of the Russian Federation;
- federal laws, including those with constitutional status;
- presidential decrees.
Among the normative legal acts pertaining to thesources of law in Russia, it is worth noting the administrative documents of the government of the Russian Federation, decisions of central departments and services, ministries and state structures subordinate to them.
Constitution - the foundation in the legal system of the state
At the top of the system is the Constitution of the Russian Federation - it is the basic law that operates in all points of the state. His supremacy is explained by the following points:
- At first, The Constitution is a consequence of the free and democratic expression of the will of the population permanently residing in the territory of the Russian Federation.
- Secondly, this law establishes a framework for the formation of a conceptual apparatus, principles, public order.
- Thirdly, The Constitution defines and guarantees the protection of human and citizen's rights, establishes the boundaries of competence of each individual element in the system of the highest state system.
To amend the Constitution of the Russian Federation in the same way as inAnother regulatory legal source of law, which has less legal significance, is not easy. The law-making procedure implies compliance with a number of conditions, and the text of the document contains more than 130 articles, the norms of which apply to all legal branches.
Legislators' lawmaking: who issues laws in Russia?
The State Duma is the supreme body for whichis assigned the function of adopting legislative acts. After reading the draft law, the document is sent for review and consideration to the Federation Council. In case of a positive vote for a draft by a majority of participants in the meeting of the total number of members of the Chamber, the law is considered to be adopted. The role of the President of the Russian Federation at this stage is, in fact, formal: for the acquisition of a legal act as the main source of legal force, it is necessary for him to sign and publish it. However, if necessary, the head of state can return the document for revision.
For any laws, including federal andconstitutional, publicity is obligatory through publication. Decisions that have passed all the necessary procedures and taken at the highest level are printed in the editorial offices of the "Collection of Legislation of the Russian Federation" or "Rossiyskaya Gazeta". According to the constitutional order, the constituent entities of the Russian Federation independently create a legal framework that regulates legal relations in all areas of public life in the region.
Presidential and governmental decisions
The decrees of the head of the Russian Federation are practically on par with federallaws determine the mechanism for the implementation and protection of human rights and freedoms, the interests of citizens. Legislative acts issued by the President of the country in the system of sources of law are compulsorily executed throughout the country. Most often, the subject of regulation is the domestic and interstate policy of Russia.
Given that the government bodiesis assigned the function of exercising executive power in the state, these structures are not able to fulfill the task without realizing law-making activity. For example, the Government of the Russian Federation issues the orders necessary to carry out tasks in the current order, and its decisions are normative and of greater significance.
Features and main differences of laws from legal custom
What is the difference between other forms of sources of law from normative legal acts? The difference is this:
- Laws and subordinate documents adopted at the highest state level are united by the need for compliance with the Constitution of the Russian Federation, and therefore do not contradict it.
- Unlike custom and precedent, normative documents are clearly fixed, written sources.
- It is impossible to legally express the norms of custom or precedent, since such an embodiment will acquire a purely casuistic uncertain character.
Thus, normative legal acts as the main sources of law come from a single regulatory center, which allows them to be applied to the development of the society in one direction, a single channel.
Why, in comparison with custom, is the normative law of greater legal force?
On the normative legal act as a source of law of the Russian FederationIt is also worth mentioning the following. As an official written document issued by competent governing bodies, the law establishes, amends, and repeals existing legal norms. Hence, it is easy to conclude that any law or subordinate document is an act of lawmaking, and its purpose is to apply it universally for an unlimited number of cases. Presidential and governmental acts that are of sufficient significance for entry into force on the territory of all the subjects of the country are continuously acting.
Laws and subordinate documents have a lot of advantages in relation to all types of sources of law. Regulations:
- have significant subordination and coordination opportunities for establishing certain norms, rules, instructions;
- are able to formalize the norms that have been established for a certain period of time while observing the basic rules of the presentation;
- are a convenient tool for resolving cases - they are easily invoked, requiring compliance with rights or performing duties.
The history of the appearance of the law as the main legal source
As already mentioned, the normative legal actis the source of law, taking precedence over custom and precedent. The transition to the appropriate form of regulation of social relations took place gradually. Very interesting is the history of the "introduction" of regulatory legal acts in the system of legal sources: initially the documents were applied only in areas directly related to the implementation of state power. Legal relations of private, non-property nature for a long time remained under the regulation of custom and case law decisions.
With the passage of time,influence of laws as written sources. Normative and legal acts on labor law, including the Labor Code of the Russian Federation, civil law (the Civil Code of the Russian Federation, the Housing Federation of the Russian Federation, the Russian Federation) are used in relevant sectors of public relations. Codified legal and subordinate documents were long ago taken outside the framework of the standard regulation of legal relations.
As a clear exampleThe Civil Code of the Russian Federation is the main act that contains the norms of private property and non-property law, including those regulating entrepreneurial activity. Despite the fact that this document is referred to the field of civil legal relations, it is used when it is necessary to establish legal actions in the economic sphere.
Varieties of federal laws: what's the difference?
An interesting feature of the regulatoryacts issued by domestic legislators is their subdivision into federal and federal constitutional. The latter, undoubtedly, have a greater legal significance for the branches of social relations regulated by them. Depending on the scale of the action and the territory of distribution of such documents, they are divided into:
- normative acts of centralized regulation - are accepted by state structures or the municipality;
- local normative acts - taken at the local level to solve the current tasks of the region.
Authorities and local governments publishnormative legal acts of federal, republican significance. Some documents operate exclusively on the territory of autonomous okrugs, territories, and individual regions. To coordinate a certain sphere of legal relations in Moscow or St. Petersburg - cities with a special status, the authorities adopt separate by-laws. With the help of this classification it is possible to distribute competence in the issue of regulation of relations between specific state bodies.
Law as an exemplary source of legal system
As a source of law, a legal actis the most common and effective, because it is designed to regulate the rules of conduct, establish rights and responsibilities as representatives of federal subjects of the Russian Federation, and ordinary citizens. Laws, decrees, decrees and orders include the fundamental provisions that determine the subordination of objects that accept the action of a particular document. In addition, any of the above regulatory and legal acts is written, and therefore guaranteed and compulsory to respect by all whom it concerns. Any document used in the sphere of regulation of the sphere of relations contains rules of a general nature, establishes, modifies or cancels certain legal norms.
In fact, the main difference between normative and legalacts from other elements of the source system is its repeated application. Individual prescriptions or decisions of a mixed nature adopted by state bodies are encountered in practice at least once, but often do not apply more than once.
In the regulatory and legal system, all elements are closelyhave significant legal force, and some of them are subordinate to each other. The meaning and role of the document are determined by the property of the document itself. The legal force of the decision taken depends primarily on the competence of the body that adopted it. A normative legal act is a connecting element between law and the state, mediating objectively existing relations in the society.