The concept of law and types of laws. Normative acts. Theory of Government and Rights

The device of the modern state is impossible without the use of lawmaking tools. Through the consideration and adoption of laws, rules of social relations are formed. At the same time, normative acts, on the basis of which the legal sphere is regulated, cover many spheres of citizens' life, ensuring order in the country. At the same time, consideration of the legislative platform is impossible without an orientation toward the constitution. It not only provides the concept of the basic rights and duties of citizens, but also reflects the optimal balance in the alignment of political forces. To a considerable extent, the law is also the regulator of this balance. The concept, signs, types and characteristics of laws will help to find out more deeply their nature and practical functions.

The concept of law

Formally, the law is a legal document that reflects the rules governing the most significant social relations. In other words, this is the legal basis of the state. The importance of laws was understood by rulers in ancient times. Another thing is that the form and content of the old laws were very different from the current normative documents. As a rule, the established norms served in a way to systematize the processing of established customs. In order to be able to more accurately define the concept of law and types of laws, it is worth turning to the period of bourgeois-democratic reforms. After all, it was then that the principles of the concentration of the right to legislative activity in the hands of the parliament representing the people were approved.

In our time, the law should be regarded as the highest form of people's will. With its help, the government determines and approves the basis of legal regulation. Along with this, normative acts can act as a means of supplementing the existing legislative framework. But it is important to understand that the laws of the state do not depend on other authorities other than the highest legislative branch. But this does not mean that laws can not be revoked or edited. In this case, changes inevitably follow in the acts that were previously approved taking into account the content of the amended law. This mainly applies to by-laws supporting the implementation of the law.

Signs of the laws

As the legislative system was formed, the normative documents had different characteristics. To date, the following features that distinguish the law of the Russian Federation are relevant:

• The law is adopted only by the authorized body of power, that is, legislative. But this does not mean that this right is vested exclusively by representatives of the authorities at the federal level. The State Duma, republican bodies, city representative bodies, etc., can develop and approve draft laws.
• The law is designed to regulate the most significant social relations. In particular, with the help of this document, the foundations of political and economic systems, the basic rights of citizens, as well as the competence of the federal government and representatives of local self-government can be consolidated.
• One of the most important characteristics of the law is also its universality. True, there are documents that relate to certain groups of people - for example, employees in one area or another. So, the law on the police in 2011 expanded the powers of law enforcement officers. But this applies only to the police.
• The adoption of the law takes place in a special procedural order, which has a special procedure. In particular, the procedure is determined by constitutional acts.
• The law is secured by the highest legal force. This means that all by-laws are of secondary importance in relation to it and should not conflict.

Varieties of laws

The main classifications of normative acts derive from the importance that this or that law brings to the legal system. The concept, characteristics, types and features of the adoption of the document - all these factors affect the fact which group the law will enter. At the moment, the Russian system of legislation presupposes a division into the following types: constitutional, federal and laws of the subjects of the Russian Federation.

The first category includes laws approved on the most significant issues related to the Constitution. These include, in particular, laws on the referendum, on the symbols of the state, on the judicial system, on the state of war, and so on.

Those acts that are adopted on the basis of and for the implementation of the Constitution are federal. With their help, the government regulates various aspects of social relations, affecting political, social and economic trends. For example, the same law on the police can be attributed to this group. At the same time, federal documents of lawmaking have their own division - in particular, there are ordinary and codified legal materials.

Laws that are adopted by the subjects of the Russian Federation can be called the lowest link in the legislative activity of the state, which, however, does not entreat their significance. The peculiarities of such documents can be attributed to the fact that they can not contradict federal legislation and work exclusively within their subject. These can be constitutions of republics, regional and regional charters.

Other classifications of laws

In addition to the described classification, there are many other criteria for the separation of laws. The most important principles of ordering by content and duration of action. In this context, the concept of law and types of laws are especially closely related. If we talk about the meaningful fullness of the act, then general and special documents are singled out. In the first case, it is assumed that the law will apply to all citizens. Special normative documents work only for certain classes and groups.

Also, laws may have a different period of validity. There are permanent and exclusive legislative documents. If the first category is obvious, then the second requires clarification. Usually it includes the laws of the Russian Federation, the effect of which is calculated for a certain period, which is due to a temporary emergency situation. Such circumstances may be caused, for example, by environmental, natural, social and other factors.

There are other classifications of laws that are based on the subject of regulation, spheres of action, the scope of regulation and focus on spheres. For example, the subject of regulation may be a constitutional basis, administrative or criminal law. Directivity is also different, as laws can also affect social issues, nuances of budget formation, and means of resolving economic problems in a broader sense.

Constitution as the basic law

From the point of view of legislation, the Constitution is the primary document determining the entire legal system. At the same set of standards, the principles for the formation of the entire legal framework for law-making activity are based. The category of laws closest to it in the spirit is constitutional. Such acts are not simply developed as a continuation of the Constitution, but they also develop and also specify its content.

Codification laws are also an important tool for the regulation of public relations with a direct reference to the Constitution. In this case, the concept of law and types of laws should be considered as normative bases in separate institutions of lawmaking. Codification laws are aimed at regulating a large and very extensive sphere of relations, including labor, property, etc. At the same time, there may be different forms of expression of such laws. One of them is an act of federal legislation, which contains fundamental, general rules regarding joint government of the state. That is, such a code can determine the direction of development of the Federation with the subjects.

In the structure of the legal sphere of the state, the Constitution can be viewed not only as the main law giving rise to the formation of a legal framework. With its help, the organization of power is taking place, the constitutional system is consolidated, the federal system is being implemented , as well as the system and powers of the governing bodies. In addition, the Constitution determines the electoral system and the basis of justice.

Who and how does it pass laws?

First of all, it should be said that the procedure for enacting laws is regulated by regulations, which, in turn, is drafted on the basis of the Constitution. Laws at the federal level are adopted by the State Duma, and then their approval in the Federation Council follows. In both cases, the adoption is realized by voting - that is, by the largest number of votes approving a particular bill. If the SF rejected the document, then it can be accepted again provided that two-thirds of the vote is typed. When the drafts of laws are approved by the Federation Council, within 5 days it is sent for signature by the President. In turn, the head of state can sign the adoption of the law within two weeks.

Further, the adopted law is promulgated through official publication. The state media or the official website of the parliament can serve as a platform for posting information about the document. After 10 days from the date of publication of the material, the law enters into force. However, the president may not sign the law, using the right of veto. Then the approval can be secured by overcoming two thirds of the votes in both chambers of the Federal Assembly. The adopted law is a document with a registration number and an alphabetic index. For example, the marking of F3 applies in the case of ordinary laws, and if it is a matter of constitutional documents, the designation in the format of FKZ is assigned. Also in the title of the laws is the date of their adoption.

Act of Law

Lawyers consider the effect of legislative projects in terms of time, space and persons to whom it is oriented. Thus, the validity period of the law is limited to points from the moment of its entry into force and to cancellation. In this case, his action may be suspended by another law. The period during which the law operates can be determined initially. But most often the termination of his work is connected either with the replacement of an improved version or cancellation through a judicial authority. It must also be said that a violation of the law can only take place if it was discovered during the validity period of the document.

According to general provisions, the lawmaking document in the space covers the entire territory of the state, including its subjects, internal waters and territorial seas, as well as airspace. Also, the laws apply to diplomatic missions, military units, vehicles assigned to state ports, etc. But there may be restrictions on the operation of the law in space. Such nuances are also determined through legislative tools.

The extension to the circle of persons in accordance with general provisions is also determined by the boundaries of the spread of the sovereignty of the state and its jurisdiction. This means that the application of the law concerns not only the immediate citizens of the state, but also persons who are on its territory in the status of migrants. But there is a mass of all possible exceptions to the effect of laws on different groups of people. For example, there are documents that only deal with employees of a certain category.

Examples of RF laws

As already mentioned, laws can cover the most diverse spheres of the state structure, social and public life. Among the most significant documents of recent years was the law on education, which was adopted in 2013. In accordance with it every citizen still has the right to free education, universities should be monitored annually, and in the learning process there is a greater emphasis on individual approach to students.

Many laws that were adopted as early as the beginning of the 1990s remain relevant. This is also the law on consumer rights protection from 1992. It regulates the relations between producers, suppliers, sellers, consumers of goods and other participants in market relations. However, in recent years, many amendments to this law have been made, but its basis remains the same.

The relatively new law on advertising, which was adopted in 2006, also underwent changes. Thus, the authors of the law of 2014 have defined a number of restrictions for advertisers. In particular, a ban on services for abortion was introduced, and the list of goods, which were previously distributed by this law, was expanded by means of diagnostics, prevention, rehabilitation and traditional medicine methods.

Regulations

Each law can be supplemented by special acts. Among the signs of such documents can be identified compliance with the law and the focus on the regulation of aspects of social relations. For example, to date, this law on the protection of consumer rights has 20 by-laws, the action of which is focused on the implementation of the main document.

The adoption of by-laws is also carried out by the authorities within their competence and necessarily on the basis of the legislative framework. At the same time, there are several types of normative acts, which can be classified as subordinate ones. This, in particular, the decrees, which the president himself signs. Also, these may be resolutions adopted by the Chambers of the FS.

The development of acts may be handled by departments, ministries and other authorities that issue instructions, orders and regulations. It is worth noting and acts from municipal authorities. They also act in accordance with the laws and apply only to the boundaries of a particular municipal entity. It is important to understand that the legal act does not affect the position of the law, but only increases the effectiveness of its implementation. At the same time, it can not be attributed to the wording of the law.

Conclusion

Today, Russia has a coherent system of legislative production, which is a hierarchical structure that includes laws, regulations, codes, etc., directly. Accordingly, the concept of law and types of laws in this case should be regarded as important aspects in the theory of state and law . The most important role in the structure of the legal system is played by the Constitution, on the basis of which the authorized body adopts laws.

In turn, the law has the highest legal force, but it does not contradict the Constitution. Taking into account the significance of each act of lawmaking, a special procedural rule was developed for the adoption of laws. This procedure is also determined by the Constitution, the basis of which is guided by the legislative body. The order of admission includes several stages, the passage of each of which ensures its final approval and entry into force. Initially, the drafting of draft laws is handled by the State Duma, and then consideration of the finished material passes to the Federation Council. At the final stage, the laws of the Russian Federation are approved by the president. After that, the publication of the document follows.

The subject for lawmaking can be a variety of areas of public life - from the organization of the political system to the installation of social benefits. General laws usually cover all segments of the population and are distributed throughout the state, but there are exceptions. For example, the law on military obligations applies only to males.

It has already been noted that the law of the Russian Federation is endowed with the highest legal force. But in this connection it is necessary to say about international treaties, which in the legal hierarchy can stand higher than the legislation of Russia. Of course, this applies only to those agreements that were signed by authorized representatives of the state. Usually the signing procedure is supplemented by the ratification of the document, but this is not always required. It should be noted that the supremacy of the international treaty over the laws is enshrined in the Constitution of the Russian Federation.