Search for a command to run...
Relevance . In science and lawmaking, a single approach has not been developed to the ratio of various types of regulatory legal acts in terms of legal force, which gives rise to problems in law enforcement. These problems are based on the absence of both a scientific and law -making approach to the concept of a legal act. Iriation of these problems negatively affects the protection of the rights and legitimate interests of the subjects of law. Purpose. On the example of acts of the President of the Russian Federation, to continue to identify the ratio of the level of legal force of the NPA of the Russian Federation, to build their system in a hierarchical order. Objectives: to correlate the NPA of the President of the Russian Federation with federal laws, acts of the chambers of the Federal Assembly of the Russian Federation at the level of legal force; characterize the author’s approach to the concept of “legal act”; formulate proposals for improving the law. Methodology . Methods of analysis and synthesis, as well as historical right, formal-logical and systematic methods, were used by which doctrinal and legislative contradictions were formulated and ways to solve them were proposed. Results . In legal science and legislation, there is no single approach to the types of legal acts of the President of the Russian Federation and their place in the vertical hierarchy of legal acts, to the normativity of his orders, legal acts in general and acts of the Federal Assembly of the Russian Federation in particular. The listed problems create negative conditions for the effectiveness of current legislation and law enforcement practice, and the harmony of scientific structures. Conclusion . In order to increase the efficiency of legislation and law enforcement practice, it is advisable: the instructions of the President of the Russian Federation (executed on separate forms) should be placed in his orders, which will correspond to Part 1 of Art. 90 of the Constitution of the Russian Federation; consolidate the procedure for issuing decrees, orders and instructions by the President of the Russian Federation in legal acts, and cancel the order of the President of the Russian Federation No. 85-rp and the procedure for executing orders and instructions of the President of the Russian Federation No. 352; to normatively consolidate the definition of legal acts formulated in the article.
Published in: Proceedings of the Southwest State University Series History and Law
Volume 16, Issue 1, pp. 10-31