Types of regulations. The regulations are ...
- These are documents that are issued within the competence of the executive bodies of state power. They should not contradict the Constitution, the Federal Law, acting on the territory of the country. Consider further the existing types of regulations.
The bylaws of the Russian Federation are specific. According to their main features, they can be distinguished from other accepted documents. Among the specific features should be noted:
- Compliance with the law.
- Regulation of certain specific aspects of social relations.
The main function that the by-laws perform is the execution and development of norms, the concretization of their provisions.
- Orders, presidential decrees.
- Government regulations.
- Sub-law federal acts (issued by relevant departments and ministries).
- Regulatory documents of local government structures.
- Local bylaws.
This is an exhaustive list of existing documents from the category in question.
Decrees and orders of the head of state
These types of bylaws at all times have had a particular impact on the development of law in Russia. In the pre-revolutionary era, in particular, the decrees approved the highest will of the monarch. In fact, such acts had the effect of the law. In the years of the Soviet Union, decrees were adopted by the presidiums of the armed forces of the country and republics. Some of these documents related to legislative issues were sent for consideration at the regular session of representative structures. At present, the Constitution establishes the right of the president to issue orders and decrees. It is believed that the latter have a wider and significant effect. Orders, as a rule, do not contain legal norms. Usually they are approved on certain operational issues related to public administration. Also, not all decrees appear as bylaws. This is because they are also often taken on operational issues. For example, decrees on the assignment of titles, appointment to the post and so on.
Specificity of regulatory decrees
- They can not contradict the provisions of the federal legislation, however, they have a priority action in relation to other by-laws.
- Includes legal provisions.
- Have a general binding character.
- Regulate different areas of society.
By the nature of authority, presidential decrees are divided into those adopted:
- Within its competence.
- Under the authority transferred by Parliament.
There are also decrees that must be approved by the Council of Federations. They concern the imposition of martial law, the appointment of the Prosecutor General, officials of the highest courts.
The main goal that such bylaws implement is the implementation of the Constitution, the Federal Law, and regulatory presidential decrees. As a rule, government regulations contain legal regulations. The execution of these by-laws is made within the scope of the subjects of authority and jurisdiction of Russia and its joint jurisdiction with the subjects.
Documents of departments and ministries
Acts of this kind are subject to government regulations and, as a rule, have a sectoral purpose.The latter means that their action extends exclusively to entities engaged in a particular industry. In some cases, however, they may cover a wider range of relationships. This may be due, for example, to a functional, inter-sectoral focus of the department / ministry. In such cases, bylaws are addressed to several structures and regulate intersectoral interactions.
Orders and instructions
These are the two main categories of documents issued at the ministerial / departmental level. Orders may be normative in nature or not contain legal provisions. The first are devoted to the most pressing issues of the activities of the executive bodies of state power. In particular, they regulate their structure, functions, tasks. Non-normative orders act as law enforcement documents. Instructions govern the basic forms / types of official activity. They establish functional responsibilities for specific categories of workers. Instructions have regulatory content.
The bylaw is a decree or order of the President of the Republic, which is part of Russia. Such documents are accepted in accordance with the Constitution of a country and a specific region.Governors, heads of administrations of autonomous regions and districts, cities of the Fed have the right to issue orders and resolutions. values, territories, regional governments (if available). The adoption and approval of relevant documents is carried out within the authority of these entities. Regional departments, ministries, departments and other executive institutes of regional authorities also have the right to issue instructions and orders. Such acts are adopted in accordance with the powers of each specific body, within the framework of constitutions, regulations, charters, the Federal Law. They act locally - their provisions are obligatory for execution within a specific territory (within the boundaries of the subject).
Regulations of local government institutions
According to the Constitution, territorial self-government bodies carry out independent activities within the administrative-territorial unit. In particular, they manage municipal property, make, approve and subsequently execute the local budget, form fees and taxes in a specific MO.Their functions also include providing security, maintaining order in society, and solving other issues of a local nature. Within the framework of the transferred powers, the territorial power structures issue:
- Orders and regulations approved by the heads of local governments.
- Acts of legislative structures.
- Regulations of meetings (gatherings) in villages / townships.
These include by-laws issued within institutions and organizations. Such documents regulate scientific, commercial, educational, industrial, managerial and other interactions relating to the purpose of the enterprise. Each institution or organization thus has its own charter, regulation or other constituent act, rules of internal discipline, schedule, and other norms. They all have legal value. Subordinate local acts are subject to approval or registration with state authorized agencies. As such documents may, for example, be:
- Orders, orders of both individual and regulatory significance, which are accepted by the heads of organizations, institutions, enterprises.Such documents regulate issues related to the establishment of internal regulations, the appointment of material incentives (remuneration), etc.
- Decisions approved by the collegial governing bodies. Such structures, in particular, include boards of directors, general meeting of founders (shareholders). The decisions in this case relate to the management, organization of the enterprise.