- PII
- S1026-94520000616-5-1
- DOI
- 10.31857/S20000616-5-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 11
- Pages
- 14-23
- Abstract
- The article analyzes the main provisions of the draft Law "On normative legal acts in the Russian Federation”, which is the subject ofpoliticians, lawyers and academia. Approaches to the definition of a normative legal act developed by the doctrine and practice ofjurisdiction to determine the succession of the draft Law, which has significant re-serve for improvement. Essential defect of this project is dissimilar the subject of legal regulation: the system of legislation and legislative procedure. The author makes suggestions regarding clarification of the notion of a normative legal act for the purpose of fixing the demands of the common obligation, multiple applications and focus on regulating social relations. The draft law stipulates the code of laws as a form of systematization, not fixed modern approaches to consolidation. Fundamental are the following directions for improvement of the draft law on normative legal acts: the distinction between law-making and interpretation, classification of legal acts, the ratio of regulatory and local legal acts, the resolution of the issues of the hierarchy of normative legal acts. The draft law presented a model of legalization of delegated lawmaking. It is proposed to discuss the question of admissibility of the application of sanctions to the participants of lawmaking for defects of the latter, and suggests ways to resolve technical and legal defects of the draft Law.
- Keywords
- regulations, hierarchy of regulations, local acts, corporate acts, dissolution of the legislature, systematization, incorporation, code of laws, consolidation, code, delegated lawmaking
- Date of publication
- 01.11.2015
- Number of purchasers
- 1
- Views
- 1224
RAS Social ScienceGosudarstvo i pravo
- ISSN (Print) 1026-9452
- ISSN (Online)2713-0398
The draft law on normative legal acts: the collision of law-making, theory and practice
Индексирование
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library