Printed and electronic official publication of regulatory legal acts. Official publication of normative legal acts in the Russian Federation State registration of normative legal acts of federal executive authorities in the Ministry of Defense
Decree of the President of the Russian Federation dated 02.02.2013 N 88 "On amendments to some acts of the President Russian Federation"
Posting acts of the Government of the Russian Federation on the websitewww.pravo.gov.ru considered official publication
On March 7, Decree of the President of the Russian Federation dated 02.02.2013 N 88 “On Amendments to Certain Acts of the President of the Russian Federation” (hereinafter referred to as the Decree) came into force. In accordance with it, acts of the Government of the Russian Federation (decrees and orders) within 10 days after signing must be published not only in " Rossiyskaya newspaper" and "Collection of Legislation of the Russian Federation", but also on the "Official Internet portal legal information" (www.pravo.gov.ru). Publication specified documents Online www.pravo.gov.ru is now recognized as official.
Federal constitutional laws, federal laws, acts of the chamber Federal Assembly(Article 4 of Federal Law No. 5-FZ of June 14, 1994 “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly”, hereinafter referred to as Law No. 5-FZ);
International treaties that have entered into force for Russia, as well as international treaties that are temporarily applied by the Russian Federation (with the exception of agreements of an interdepartmental nature) (Part 2 of Article 9.1 of Law No. 5-FZ);
Resolutions of the Constitutional Court of the Russian Federation, rulings of the Constitutional Court of the Russian Federation on clarification of decisions of the Constitutional Court of the Russian Federation, as well as other decisions of the Constitutional Court of the Russian Federation, which provide for such a publication procedure (Part 2 of Article 9.1 of Law No. 5-FZ);
Acts of the President of the Russian Federation (clause 2.1 of Decree of the President of the Russian Federation dated May 23, 1996 N 763 “On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal bodies executive power" in the previous edition).
Let us note that decrees of the President of the Russian Federation and federal laws are published, as a rule, on the day they are signed by the President of the Russian Federation. The date of publication is especially important if the document comes into force on that date. As an example, we can cite Federal Law No. 21-FZ of March 4, 2013 and Federal Law No. 324-FZ of December 30, 2012.
Adoption, publication and entry into force within one day will now become possible for resolutions of the Government of the Russian Federation. Previously, as a rule, several days passed between their acceptance and official publication. In addition, a certain time usually separates publication and entry into force. However, there are already cases of RF Government resolutions coming into force from the date of official publication (see, for example, RF Government Decree No. 101 of 02/09/2013, RF Government Decree No. 857 of 08/27/2012, RF Government Decree No. 111 of 03/02/2013) .
Today on the portal www.pravo.gov.ru There is no official publication of acts of other bodies state power of the Russian Federation, laws and other legal acts of the constituent entities of the Russian Federation, as well as municipal legal acts. The possibility of publication is established in Art. 9.1 of Law No. 5-FZ, but for its implementation the corresponding decree of the President of the Russian Federation must be adopted.
Conditions and procedure for the entry into force of federal regulations
(materials prepared by specialists
JSC "Consultant Plus")
The use of legal information in practical activities presupposes knowledge of the current legislation on the procedure for the entry into force of regulatory legal acts (hereinafter referred to as NLA). When basing your legal claims on a legal norm or using it to defend yourself against unfounded claims, you need to know exactly whether it was in effect at the time the law was violated and a controversial relationship arose.
The most favorable situation is when the legal regulation specifies the exact date or establishes the procedure for its entry into force. But many regulations do not contain such norms. In this case, for the application of a document, the date of its entry into force is calculated according to certain rules established by law, and such a document is usually said to come into force on general procedure. To determine the exact date, it is necessary to study the procedure for entry into force for this type of regulatory acts, identify the source and date of official publication, and, if necessary, make certain calculations. In any case, you need to start by checking a number of mandatory conditions, subject to which the legal regulation comes into force.
Chapter 1. Mandatory conditions for the entry into force of regulatory legal acts
1.1. Official publication
In accordance with Part 3 of Art. 15 of the Constitution of the Russian Federation, all laws, as well as any regulations affecting the rights, freedoms and duties of man and citizen, must be officially published for public information, that is, made public. Unpublished regulatory legal acts do not apply, do not entail legal consequences as they have not entered into force. Official publication is a constitutional guarantee of the rights of citizens. The state cannot require citizens to comply with laws the contents of which are not brought to their attention.
To determine the moment at which the legal regulation comes into force, it is necessary to find out what is considered an official publication and what conditions must be met in order for the legal regulation to be recognized as officially published.
Secondly, the publication of the text of legal acts in a publicly accessible publication only has the status of official publication when this publication is legally defined as the source of official publication for this type of legal acts.
1.2. State registration of normative legal acts of federal executive authorities in the Ministry of Justice of the Russian Federation
On May 15, 1992, by Decree of the Government of the Russian Federation dated 05/08/1992 N 305, state registration of normative acts of ministries and departments affecting the rights and interests of citizens and of an interdepartmental nature was introduced.
Currently, issues of state registration and the entry into force of departmental regulatory legal acts are regulated by Decree of the President of the Russian Federation dated May 23, 1996 N 763 and Decree of the Government of the Russian Federation dated August 13, 1997 N 1009. Thus, in accordance with paragraph 10 of the Rules approved by the said Decree, regulatory documents are subject to state registration legal acts affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of organizations of an interdepartmental nature, regardless of their validity period, including acts containing information constituting state secret, or confidential information.
Paragraph 12 of the “Explanations on the application of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration”, approved by Order of the Ministry of Justice of Russia dated May 4, 2007 N 88, provides a more detailed description regulations that are subject to state registration, namely:
Civil, political, socio-economic and other rights, freedoms and obligations of citizens of the Russian Federation, foreign citizens and stateless persons;
Guarantees for their implementation, enshrined in the Constitution of the Russian Federation and other legislative acts of the Russian Federation;
Mechanism for the implementation of rights, freedoms and responsibilities;
b) establishing legal status organizations - standard, exemplary provisions (charters) on bodies (for example, territorial), organizations subordinate to the relevant federal executive authorities, as well as establishing the legal status of organizations performing, in accordance with the legislation of the Russian Federation, certain of the most important state functions;
c) having an interdepartmental nature, that is, containing legal norms that are binding on other federal executive authorities and (or) organizations that are not part of the system of the federal executive authority that approved (two or more federal executive authorities that jointly approved) the normative legal act .
At the same time, regulatory legal acts that have one of the above characteristics or several are sent for state registration.
Regulatory legal acts are subject to state registration regardless of their validity period (permanently valid, temporary (adopted for a certain period)).
According to paragraph 15 of the same Explanations are not subject to submission for state registration:
a) individual legal acts;
Of a personal nature (about appointment or dismissal, about promotion or imposition of penalties, etc.);
The effect of which is limited by a single use;
Which have expired;
Operational and administrative nature (one-time orders);
b) acts by which decisions of higher state bodies are brought to the attention of bodies and organizations of the system of the federal executive body;
c) acts aimed at organizing the execution of decisions of higher authorities or their own decisions of federal executive authorities and not containing new ones legal norms;
d) technical acts (GOSTs, SNiPs, tariff and qualification reference books, forms statistical observation etc.), if they do not contain regulatory requirements;
f) in accordance with Article 7 of the Federal Law of July 10, 2002 N 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”, regulatory acts of the Bank of Russia establishing:
foreign exchange rates against the ruble;
changes in interest rates;
size of reserve requirements;
the size of mandatory standards for credit institutions and banking groups;
direct quantitative restrictions;
accounting and reporting rules for the Bank of Russia;
procedure for ensuring the functioning of the Bank of Russia system.
It should also be noted that changes and additions to regulatory legal acts that have undergone state registration are subject to state registration (regardless of whether they contain legal norms or not), as well as acts on the recognition of registered regulatory legal acts as invalid (clause 26 of the Explanations).
Registered legal entities are subject to official publication in the "Rossiyskaya Gazeta" within ten days after the day of their registration, as well as in the Bulletin of normative acts of federal executive bodies of the publishing house "Legal Literature" of the Administration of the President of the Russian Federation (clause 9 of Decree of the President of the Russian Federation of May 23, 1996 N 763).
Regulatory legal acts of federal executive bodies, except for acts and their individual provisions containing information constituting state secrets or information of a confidential nature that has not passed state registration, as well as registered but not published in the prescribed manner, do not entail legal consequences as not entered into in force and cannot serve as a basis for regulating relevant legal relations, applying sanctions to citizens, officials and organizations for failure to comply with the instructions contained therein. On said acts cannot be referred to when resolving disputes (clause 10 of Decree of the President of the Russian Federation of May 23, 1996 N 763).
In addition to acts of federal executive authorities, state registration in accordance with Article 7 of Federal Law dated July 10, 2002 N 86-FZ and Decree of the President of the Russian Federation dated March 20, 2001 N 318 is also subject to acts of a regulatory nature issued by:
Bank of Russia;
Pension Fund RF;
Federal Fund mandatory health insurance;
Foundation social insurance RF.
In accordance with the Constitution of the Russian Federation legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, legislative (representative) bodies of the constituent entities of the Russian Federation, as well as Constitutional Court RF and Supreme Court RF.
All draft laws are submitted to in the prescribed manner to the State Duma.
Special order established only for bills on taxes and fees and those that provide for expenses from the federal budget.
Before submitting them to the State Duma, these bills were mandatory must receive an opinion from the Government of the Russian Federation.
Regulatory legal acts are adopted as a result of lawmaking by authorized state bodies.
In accordance with Federal law dated June 14, 1994 No. 5-FZ “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly,” the date of adoption of a federal constitutional law is considered the day on which it was approved by both chambers of the Federal Assembly.
To do this, it is necessary that the bill receives at least ¾ of the votes from the total number of members of the Federation Council and at least 2/3 of the votes from the total number of State Duma deputies.
Federal laws are being passed State Duma by a majority vote of the total number of deputies. After the State Duma adopts a law, it is sent to the Federation Council for consideration within 5 days.
If more than half of the total number of votes of the members of the chamber of the Federation Council voted for the bill, or if the Federation Council has not considered it after 14 days, the bill is considered approved by the Federation Council.
If the Federation Council rejected the law, to resolve controversial issues a conciliation commission may be created. After this, the law is reconsidered by the State Duma.
A federal law is considered adopted if, during a repeat vote in the State Duma, no less than 2/3 of the total number of deputies voted for it.
The date of adoption of a federal law is the moment of its adoption by the State Duma in its final version.
The federal constitutional law and federal law adopted in this way are signed by the President of the Russian Federation within 14 days, and then must be officially published within 7 days. Acts of the Chambers of the Federal Assembly must be published no later than 10 days from the date of their adoption. International treaties are published simultaneously with the treaties on their ratification.
The official sources for the publication of these acts are: "Parliamentary Gazette", "Rossiyskaya Gazeta" (published daily), "Collection of Legislation of the Russian Federation" (published weekly) and - since November 10, 2011 - "Official Internet portal of legal information" (pravo .gov.ru).
After this, the law is considered to be brought to public attention.
Further passed law may be published in other newspapers and magazines, information about its adoption may be announced on television and radio, sent out via communication channels government agencies, organizations, etc.
The entry into legal force of federal constitutional laws, federal laws, and acts of the chambers of the Federal Assembly occurs simultaneously throughout the entire territory of Russia after 10 days from the date of their official publication.
However, it happens that the laws themselves establish the date of their entry into force, in which case the law comes into force from the specified date.
In accordance with Decree of the President of the Russian Federation dated May 23, 1996 No. 763, acts of the President (decrees and orders) and acts of the Government (decrees and orders) are subject to mandatory official publication, with the exception of those documents that contain state secrets or other confidential information.
Publication of these acts occurs within 10 days from the moment of their signing in the following printed publications: in Rossiyskaya Gazeta, Collection of Legislation of the Russian Federation, as well as on the Official Internet Portal of Legal Information.
In addition, the texts of acts can be published in in electronic format federal state unitary enterprise"Scientific and Technical Center for Legal Information "Sistema" Federal service protection of the Russian Federation, as well as in other printed publications, are brought to the attention of citizens on television and radio, etc.
Regulatory Acts of the President enter into legal force throughout Russia simultaneously, 7 days from the date of their official publication.
All other acts of the President, as well as those that constitute state secrets, come into force from the date of their signing.
Government acts that regulate the rights, freedoms and responsibilities of individuals and citizens, as well as establish the legal status of federal executive authorities and organizations, come into force 7 days from the date of their first official publication.
All other types of government acts come into force from the moment they are signed. In addition, these documents may establish a different procedure for their entry into force.
For regulatory acts of federal executive authorities, it is mandatory to register them with the Ministry of Justice of the Russian Federation, and their further official publication in Rossiyskaya Gazeta. Official publication is made within 10 days after registration.
In addition, the official publication is considered to be the publication of the texts of these acts in the Bulletin of normative acts of federal executive authorities government agency- Publishing house "Legal Literature" of the Administration of the President of the Russian Federation.
In everyone's charter municipality contains an indication of the order in which they are published, i.e. municipal legal acts are brought to public attention, and the procedure for their entry into force is established.
The exception is legal acts regulating taxes and fees - their entry into force is established Tax Code RF.
As well as local acts that regulate the rights, freedoms and responsibilities of man and citizen, according to general rule, come into force from the moment of their official publication.
4. The principle of equality of rights and freedoms of man and citizen:
To ensure compliance with the law, it is necessary that they become known to everyone. This applies not only to laws, but also to regulations, which also affect a significant number of citizens or population groups.
This rule is based on the presumption that the objective impossibility of knowing the content of normative acts should logically exempt one from the obligation to implement them.
The right to information about new laws and other regulations is one of the human rights recognized by the international community. The state is obliged to respect this right and promote its implementation.
The problem of accessibility and openness of legislation is of particular importance also because various types of “informants” under legislation today are increasingly commercial structures, which are not always able to provide complete and reliable information about laws. Moreover, often, under the guise of laws, they reproduce not even their latest projects. There are inaccuracies and errors in their publications.
In order for all normative acts to be brought to the attention of citizens whom they directly or indirectly concern, the legislation provides for norms for the publication of legal acts.
When publishing a normative act, its details are indicated: -
Name; -
date of acceptance;
-
the official who signed it;
-
date of signing; -
registration number.
Decrees must be made publicly available by publication within 10 days of their signing.
Resolutions of the Government of the Russian Federation are subject to official publication no later than 15 days from the date of their adoption, and if immediate widespread publication is necessary, they are communicated to all citizens through the media without delay.
Departmental acts are officially published within 10 days after their registration.
It is difficult to explain the establishment of different deadlines for the publication of regulations, because the meaning of this event is identical in all cases. Moreover, as we will see a little later, even the sources of publication of some types of normative acts coincide. That is why the opinion has been repeatedly expressed in the literature to bring the legislative fixation of publication deadlines to a single denominator1. Moreover, in some states this idea has been implemented and practice has shown the effectiveness of this step.
The idea of a comprehensive settlement of issues related to the publication of acts of various legal force in one act (law) is embodied in practice individual subjects RF. For example, Law of the Voronezh Region dated July 7, 2006 No. 86-03 “On the procedure for publication, entry into force of regulatory legal acts of public authorities of the Voronezh Region and the procedure for publication of other official information» the procedure for publishing not only laws, but also other acts adopted by the regional Duma, as well as the regional administration, has been regulated.
Today, all of them are in paper form.
Electronic media are not yet used in this capacity. This is a matter for the future2. There is no uniformity here either.
1
As V. B. Isakov notes, the publication of regulations in paper form in modern conditions is increasingly demonstrating its shortcomings (insufficient dynamism, difficulties in storing and searching for regulations, economic and environmental restrictions, uncertainty of the legal status of a printed document, non-identity of different versions of official texts and etc.). He concludes: official publication in electronic form is a historically inevitable stage in the development of the state. See: Isakov V.B. Official emergency publication as a necessary prerequisite for the transition to a system of continuous codification // Codification of legislation: theory, practice, technology: material. Intl. scientific-practical conf. N. Novgorod, 2009. pp. 254-262.
Decrees of the President of the Russian Federation are subject to official publication in the Rossiyskaya Gazeta and the Collection of Legislation of the Russian Federation.
Resolutions of the Government of the Russian Federation have the same source of official publication - “Rossiyskaya Gazeta” and “Collected Legislation of the Russian Federation”.
Departmental regulations are subject to official publication in the Rossiyskaya Gazeta and the Bulletin of Regulations of Federal Executive Bodies. A form of official announcement, such as a departmental newsletter, has also been preserved. It is carried out in order to communicate departmental acts to their executors and is usually regulated by the departments themselves.
Repeatedly in legal literature a proposal was made on the advisability of establishing a single printed organ for the official publication of normative legal acts at different levels. This would allow us to concentrate normative material and make it easier for recipients to use it. In addition, the costs of publishing them could be reduced. This would make the process of recording and systematizing them easier. The expediency of creating a single body for official publication is confirmed by positive experience its functioning in a whole range foreign countries- Italy, France, Germany, etc.
In principle, the “Collection of Legislation of the Russian Federation” as an official source is almost close to being a single source for the publication of federal regulations. But perhaps one of the most complex issues the creation of a single body for the publication of normative acts - whether departmental acts should be placed in it. This will make it possible to achieve intellectual ease of use, but then the volume of the “Collection of Legislation of the Russian Federation” will increase significantly, which will most likely complicate the physical use of this publication.
At the federal level, as well as at the level of individual constituent entities of the Russian Federation, in order to quickly communicate legal information to the general public, it is practiced to publish normative legal acts in mass periodicals, which are given the status of an official source of publication. In Russia, for example, this is Rossiyskaya Gazeta. It should, however, be taken into account that it is advisable to publish in the media not all, but only the most important regulations that require wide publicity. Placing other numerous acts with all their details in a periodical will inevitably lead to its overload with mandatory publications.
In addition to the official publication of normative legal acts, there are other forms of their announcement. Acts that require urgent and widespread publication, along with publication in official publications, can be made public on radio and television, as well as on the Internet. Acts that do not have general meaning, are subject to distribution to a certain circle of bodies and organizations. All normative acts can be published in other printed publications, transmitted through communication channels, etc. Nothing prevents them from being published in the form of a separate publication. However, these publication options are not recognized as official.
The issue of the language of official publication of normative legal acts, which is important primarily for the republics within the Russian Federation, deserves special attention. It is no coincidence that it is affected by special legislation on the publication of normative legal acts and laws on languages adopted at the federal and republican levels.
The following rule applies here.
The texts of laws and other federal acts must be published both in Russian, recognized as the state language throughout the Russian Federation, and in the state languages of the republics within the Russian Federation.
In accordance with the Law of October 20, 1992 No. 11 “On the languages of the peoples of the Republic of Khakassia”, the texts of laws and other legal acts adopted higher authorities state authorities of the Republic are published in two languages - Russian and Khakass. The Law of June 10, 1992 No. 221-XII “On the languages of the peoples of the Republic of Buryatia” establishes that the texts of laws and regulations of government bodies of the Republic are published in Buryat and Russian. Regarding documents local authorities authorities and administration, then they are accepted and announced either in Russian or in the Buryat language - depending on the population. In areas densely populated by other nationalities (Evenks, Tatars, Germans, etc.), along with official languages the language of the majority population of the area may be used.
This approach, when several languages operate simultaneously as the state language on the territory of the republic, provides more opportunities for overcoming emerging language conflicts and therefore seems to be the most appropriate. At the same time, the implementation of the rule on the need to publish normative legal acts written in different languages is very difficult (especially in the conditions of a multinational republic). This is due to the lack of preparedness of the material, organizational and linguistic bases.
Of course, issues of official publication of normative legal acts can be resolved ambiguously by constituent entities of the Russian Federation. But in any case, when exchanging information in the field of legislation, it is necessary to proceed from the problem of “relationship of languages” within the framework of a single Federation.
Limit bars
There is a category of normative acts to which the requirement of mandatory publication does not apply. These include laws and other regulatory legal acts containing information constituting a state secret or information of a confidential nature. This is usually done in the interests of defense or state security countries.
It is obvious that some normative legal acts must remain “closed” even in a democratic environment. rule of law. However, it is important to avoid the unreasonable assignment of restrictive classifications. The result of excessive secrecy of legal acts can be such an undesirable phenomenon as “alienation from the law.” It is also necessary to take into account that in some cases the assignment of a restrictive stamp is not required by the entire act, but only by a certain part of it (article, clause, paragraph).
The significance of the entry into force of regulations M. S. Studenikina notes that the rules of law establishing the procedure for the entry into force of laws make it possible to avoid unjustified delays in their publication28. It's no secret that, using purely technical technique
Since the moment of entry into force of regulations is directly related to their publication, it is necessary to find out when this occurs. At the Institute of Legislation and comparative law comment on this situation as follows: “The wording “from the date of publication” implies that the day of publication is included in the date of entry into force of the act; the wording “after the day of official publication” and “after publication” means that the period for entry into force of the act begins on the next day after the day of its official publication.”
Methods for entry into force of regulations
The moment of entry into force of regulatory legal acts is determined in various ways.
First way. The legislation establishes the following general rule: normative act takes effect after certain period from the date of their publication. There is no particular need to prove the important role played by the entry into force of the law not immediately after its publication, but after a certain period of time, allowing the subjects of law to understand the content of the normative act while it is in a state of “inaction”, and to conform their behavior to it.
However, the timing of entry into force differs depending on the type of regulatory act in question. The following rules are established in this regard: -
laws come into force 10 days after the day of their official publication;
-
decrees of the President of the Russian Federation that are normative in nature come into force seven days after the day of their official publication;
-
resolutions of the Government of the Russian Federation affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of federal executive bodies, as well as organizations, come into force seven days after the day of their official publication;
- departmental regulations come into force 10 days after the day of their official publication. The Russian Federation was adopted on December 29, 1995, and came into force (with some exceptions) on March 1, 1996. Undoubtedly, such regulation of the dates for the entry into force of laws provides citizens with a greater opportunity to familiarize themselves with the law itself, comprehend the innovations it introduces, and tune public opinion to their unwavering execution.
Third way. The entry into force of the law from the date of its official publication has become a priority method in Lately. But it is very difficult to explain this trend by objective reasons hidden in the very specifics of the adopted laws. The number of laws put into effect immediately from the date of publication included laws that were completely different in their scope, and in the range of subjects to whom they were addressed, and in nature. regulated relations. In this group there are laws consisting of only one or two articles, and there are also those that number 100 articles or more.
Fourth way. The law comes into force upon the occurrence of a certain event or subject to the commission of any actions. A suspensive condition for the entry into force of a law is a fairly common option when determining the initial moment of action of a law in time. This option finds its most clear manifestation in cases where we are talking about the connection between the entry into force of a law and the adoption of some special legislative act. For example, the Federal Law of November 30, 1994 No. 52-FZ “On the introduction into force of part one of the Civil Code of the Russian Federation” provided that Ch. 17 of the Civil Code of the Russian Federation comes into force on the date of entry into force of the new Land Code RF.
The use of suspensive conditions for determining the date of entry into force is sometimes used as a kind of ploy to delay the implementation of an already adopted law for a considerable time. The reasons for such a “delay” can be very different, including opportunistic ones. Of course, M. S. Studenikina is right when she asserts that “in legislative activity The rule must be absolute - a law can be adopted only when all the conditions are ripe for this. If this is not the case, then work to be “ahead” in lawmaking, no matter under what pretext it is carried out, cannot be encouraged. The very subsequent use in such a situation of methods of delaying the implementation of already adopted laws should be recognized as illegitimate”29.
If we consider these methods of entry into force of normative acts from the point of view of simplicity and accuracy of determining the moment of entry into force of the law, the most preferable method seems to be in which the law indicates a specific calendar date from which the law comes into force. However, even this is not convenient in all cases. This is due to the multi-stage procedure for the adoption, coordination and approval of laws.
Literature
Bakhrakh D. N. Constitutional foundations action of a legal norm in time // Journal Russian law. 2003. № 5.
KuzyakinD. A. Problems of the entry into force of laws // Journal of Russian Law. 2005. No. 10.
Lastochkina M. L., Tikhomirnova N. Yu. Official publication of normative acts and their entry into force // Legislation. 2004. Nov.
Studenikina M, S. Entry into force of the law: legal regulation and practice // Journal of Russian Law. 2000. No. 7.
More on the topic § 1. Publication of regulations:
- 14. PROCEDURE FOR PUBLICATION AND ENTRY INTO FORCE OF REGULATORY AND LEGAL ACTS IN THE RUSSIAN FEDERATION
- I. The concept of systematization of regulatory legal acts. Accounting, incorporation and consolidation as the main types of systematization of regulatory legal acts
- BASIC REGULATIVE LEGAL ACTS GOVERNING THE EXECUTION OF JUDICIAL ACTS AND ACTS OF OTHER BODIES
- §3. Effect of normative acts in time, space and circle of persons
- Copyright - Agrarian law - Advocacy - Administrative law - Administrative process - Shareholder law - Budget system - Mining law -
According to Part 3 of Article 15 of the Code of the Russian Federation, the state, represented by its bodies, is obliged to officially publish the laws adopted. Official publication is an indispensable prerequisite for the application of any law adopted in the Russian Federation - federal or subject of the Federation, since unpublished laws should not be applied.
Thus, in Part 3 of Art. 15 of the Constitution contains, on the one hand, a command addressed to the participants legislative process, officially publish the adopted law, on the other hand, there is a prohibition addressed to any law enforcement official not to apply an unpublished law. Law enforcers, including state bodies and their officials, organs local government, courts, due to the direct prohibition of the Constitution, should not apply laws that have not been officially published.
According to Part 1 of Art. 3 Federal Law of May 25, 1994 (June 14, 1994) N 5-FZ “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly” federal laws are subject to official publication within 7 days after the date their signing by the President of the Russian Federation. Article 4 of this law establishes that the official publication of federal laws is considered the first publication of their full text in the “Parliamentary Gazette”, “Rossiyskaya Gazeta” or “Collection of Legislation of the Russian Federation”. At the same time, in relation to the “Collection of Legislation of the Russian Federation”, law enforcers need to keep in mind not the date of signing of the publication, which is usually indicated in the imprint, but the date of actual publication, as a result of which the recipients actually receive information about the content of the law.
Laws and acts of the chambers of the Federal Assembly may be published in other printed publications, as well as brought to the public’s attention (promulgated) on television and radio, sent to government bodies, officials, enterprises, institutions, organizations, transmitted via communication channels, distributed in machine-readable form. form.
Federal constitutional laws and federal laws are sent for official publication by the President of the Russian Federation. The Constitution and the Federal Law of June 14, 1994 do not establish a period within which the head of state submits a law signed by him for official publication. It seems that such a direction should be carried out immediately after its signing, because otherwise it would be an obstacle to the legislative activity of the Federal Assembly of the Russian Federation.
The guarantee contained in the commented provision applies not only to constitutional, but also to other rights, freedoms and obligations of citizens and other individuals permanently or temporarily residing on the territory of the Russian Federation, on which, by virtue of Part 3 of Art. 62 of the Constitution applies national treatment and who enjoy the rights and bear responsibilities on an equal basis with citizens of the Russian Federation, except in cases established by federal law or international treaty Russian Federation. It does not matter whether the rights, freedoms and responsibilities of man and citizen are exercised individually or collectively.
Thus, any normative act can only be valid if it is published and is freely available as an information resource, thereby realizing the right of citizens to receive legal information.
End of work -
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Subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation
SUBJECTS OF JOINT RESPONSIBILITY - a range of issues enshrined in the Constitution in which public authorities of the Russian Federation and its constituent entities can take part. P.s.v. - this is the sphere of public
Administrative liability as a type of legal liability and a type of administrative coercion Administrative responsibility – application of measures established by the state to citizens and organizations for violating the rule of law and state discipline.
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The action of criminal law in time and space. Retroactivity of criminal law
Chapter 2. Operation of the criminal law in time and space Article 9. Operation of the criminal law in time 1. Crime and punishability of the act are determined by the criminal law
Concept and signs of crime. Categories of crimes Crime is, legal concept general signs
which are defined in the norms of the General Part of the Criminal Code. It is necessary to distinguish the concept of crime from the concept of criminality. Crime is
General conditions of criminal liability. The age at which criminal liability begins. Sanity (criteria for insanity) Article 19 of the Criminal Code of the Russian Federation defines General terms criminal liability : “Only those who are sane are subject to criminal liability. individual
who has reached the age established by this Codec
Guilt in criminal law. Forms of guilt. Innocent mischief Guilt is negative mental attitude
persons to the basic social values protected by criminal law, expressed in the intentional or careless commission of a crime. Responsibility only
Complicity in criminal law. Forms of participation. Types of accomplices
In criminal legislation, the issue of forms and types of complicity has never been resolved; in the theory of criminal law, this issue is covered ambiguously. The solution to this issue is complicated by the multitude of
Stages of committing a crime. Preparation, attempt, voluntary renunciation of a crime
The stages of committing a crime are certain stages (periods) in the development of a socially dangerous act, reflecting different degrees of implementation of the intent of the guilty person. The demarcation between them is a passage
Circumstances excluding the criminality of an act in accordance with the Criminal Code of the Russian Federation Article 37. Necessary defense (as amended by Federal Law of March 14, 2002 N 29-FZ) 1. It is not a crime to cause harm to an attacking person in a state of necessary defense
, that is, when
Assignment of punishment (general principles, circumstances mitigating or aggravating punishment)
It should be noted that only a court can make a final conclusion about the guilt or innocence of a person in the charge brought against him, and only a court can impose punishment for committing a crime.
The totality of crimes is a type of multiplicity. A combination of crimes means the simultaneous or sequential commission of two or more crimes provided for in articles or cha
Recidivism of crimes and its types. Assignment of punishment for recidivism of crimes
Recidivism of crimes is the commission of an intentional crime by a person who has a criminal record for a previously committed crime. intentional crime(Part 1 of Article 18 of the Criminal Code).
The Criminal Code distinguishes between relapse and dangerous
Grounds for exemption from criminal punishment. Amnesty. Pardon
Based on the basic principles and norms established in criminal law, a person who has committed a crime can be released from criminal punishment by actually serving the sentence.
Criminal record and its legal consequences A criminal record, following punishment, constitutes legal consequences
bringing a person to criminal responsibility and convicting him for committing an unlawful, criminally punishable act.
Compulsory medical measures, their types and grounds for use Coercive measures
of a medical nature are measures of state coercion provided for by criminal law, which are prescribed by the court to persons who have committed socially dangerous acts.
Slander and insult as independent crimes provided for by the Criminal Code of the Russian Federation
The group of crimes against honor and dignity of a person includes two elements: slander and insult. According to Part 1 of Article 129 of the Criminal Code of the Russian Federation, “slander, that is, dissemination of knowingly false information, according to
Violation of labor safety rules
In Art. 37 of the Constitution of the Russian Federation states that “everyone has the right to work in conditions that meet safety and hygiene requirements.” Violation of this right may result in criminal liability.
Conditions and procedure for marriage. Circumstances preventing marriage
Marriage is registered with the civil registry office.
The rights and obligations of spouses arise from the date of state registration of marriage in the civil registration authorities Divorce in court. Issues resolved by the court when making a decision on divorce. Annulment of marriage In the courts
general jurisdiction
The origin of a child from unmarried parents can be established in the registry office by submitting a joint application by the parents. Establishing paternity is possible and based on
Rights and responsibilities of parents in raising children. Protection of parental rights
The law establishes the rights and responsibilities of parents in relation to children. Moreover, both mother and father have equal rights and responsibilities: they must support their minor children, as well as
Grounds and consequences of deprivation of parental rights. Restriction of parental rights
The RF IC has determined the basics legal protection children from domestic violence. The methods of upbringing that parents choose should exclude rude, cruel, neglectful, degrading human dignity.
Guarantees and compensation related to termination of an employment contract
Severance pay- guarantee payment made to an employee for the time when he does not fulfill his duties job responsibilities due to termination employment contract on the grounds specified in the law.
Protection of employee labor rights. Bodies for consideration of individual labor disputes
In accordance with Art. 37 of the Constitution of the Russian Federation recognizes the right of workers to individual and collective disputes (with the implementation of resolution methods established by federal law), including a strike.
Subject, method and principles of civil law
Civil law is a branch of law, which is a set of legal norms that 1) regulate property relations;
2) and related and personal non-property relations Sources of civil law: Constitution of the Russian Federation Civil Code RF Other
regulations
International instruments Civil rights
and responsibilities
Civil relations Civil legal relationship - a consequence of the action of law as a social and state institution, public attitude
, regulated by the rules of law, the participants of which, acting as legal Is final stage
lawmaking procedure.
Part 3 Art. 15 of the Constitution of the Russian Federation states: “Laws are subject to official publication. Unpublished laws are not applied. Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information.” Federal Law of the Russian Federation the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly" (adopted on May 25, 1994) establishes the following points:
1. Federal constitutional laws, federal laws are subject to official publication within 7 days after the day of their signing by the President of the Russian Federation. Acts of the chambers of the Federal Assembly are published no later than 10 days after the day of their acceptance.
2. The official publication of a federal constitutional law, a federal law, an act of the chamber of the Federal Assembly is considered the first publication of its full text in the Rossiyskaya Gazeta or the Collection of Legislation of the Russian Federation.
3. Federal constitutional laws, federal laws are sent for official publication by the President of the Russian Federation. Acts of the chambers of the Federal Assembly are sent for official publication by the chairman of the relevant chamber or his deputy.
4. Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force simultaneously throughout the entire territory of the Russian Federation after 10 days after the day of their official publication, unless the laws themselves or acts of the chambers establish another procedure for their entry into force.
5. A federal constitutional law, a federal law, an act of the chamber of the Federal Assembly, to which changes or additions have been made, may be officially published again in full.
The Decree of the President of the Russian Federation of May 23, 1996 “On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and normative legal acts of federal executive bodies” established the following points:
1. Acts of the President of the Russian Federation (decrees and orders) and acts of the Government of the Russian Federation (decrees and orders) are subject to mandatory official publication in Rossiyskaya Gazeta and the Collection of Legislation of the Russian Federation within 10 days after the day of their signing.
2. Acts of the President of the Russian Federation that are of a normative nature, come into force simultaneously throughout the entire territory of the Russian Federation
3. Acts of the President of the Russian Federation containing information constituting a state secret or information of a confidential nature come into force from the date of their signing.
4. Acts of the Government of the Russian Federation affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of federal executive authorities, as well as organizations, come into force simultaneously throughout the entire territory of the Russian Federation after 7 days after the day of their first official publication.
5. Acts of the Government of the Russian Federation containing information constituting a state secret or information of a confidential nature come into force from the date of their signing.
6. Acts of the President of the Russian Federation and acts of the Government of the Russian Federation may establish a different procedure for their entry into force.
7. Regulatory legal acts of federal executive authorities affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of organizations or having an interdepartmental nature, which have passed state registration with the Ministry of Justice of the Russian Federation, are subject to mandatory official publication in the newspaper "Rossiyskie Vesti" within 10 days after the day of their registration.
8. Regulatory legal acts of federal executive authorities come into force simultaneously throughout the entire territory of the Russian Federation in within 10 days after the day of their official publication, unless the acts themselves establish a different procedure for their entry into force.
In accordance with the Federal Law of the Russian Federation “On general principles organizations of local self-government in the Russian Federation" (adopted on August 12, 1995) regulatory legal acts of local government bodies and local government officials, affecting the rights, freedoms and responsibilities of man and citizen, come into force after their official publication.