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37DEVELOPMENT OF DOCTRINE ON SOURCES OF LAW
EVOLUTION OF LEGAL CONSCIOUSNESS FROM ANTIQUITY TO MODERN AGE (THESES TO THE HISTORY OF LEGAL PHILOSOPHY)
DOI: http://dx.doi.org/10.14420/en.2014.3.3
Alexey Vorivoshin, student in the master's program at the International Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration, e-mail: [email protected].
Abstract. The definition of «regulations» is rather multi-variant, while the matter
on the legal nature of regulations is a discussion point in view of the scope of persons covered by them (local legal statutory act or legal statutory act). In this article, the author reviewed the regulations of the legislative (by the example of the Council of Federation of the Federal Assembly of the Russian Federation) and executive (by the example of the Government of the Russian Federation) bodies in order to identify such regulations as the legal statutory or local legal statutory (in-house) acts, which will allow for clarifying the definition of the regulations. The author developed the classification for the parties subject to operation of the Regulations depending on the duration. There is permanent extension covering the members of the chamber and government and administrative officers and discrete (temporary) extension covering the specified persons at the moment of their interaction with the chamber or the government.
Keywords: acts of self-regulatory organizations, governmental body,
governmental, municipal and other institutions and organizations, corporate (in-house) acts, local legal statutory act, general public, legal statutory act, local self-government authority, rules, Government of the Russian Federation, legal act, law-making, procedure, regulations, Council of Federation of the Federal Assembly of the Russian Federation, standards, federal law.
The definition of regulations is currently rather vast, there being several examples below:
Regulations - masculine, French - statute, order or rule of any service,
explained in writing1.
Regulations (French, règlement, from «règle» - rule: 1) a body of rules setting the rule of procedure for the governmental agency, institution, organization (e.g., the Regulations of the Supreme Council of the USSR of 1979); 2) the order of administrating the meetings, conferences, congresses; 3) the title of certain acts issued by the international congresses and conferences (e.g., Vienna Act of 1815)2.
Regulations - statutory act setting the order of a meeting, proceedings, conference, congress etc., the rule of procedure for the governmental agency, commercial or non-commercial organization and an individual acting as an employee3.
Regardless of the existing definitions, the matter of the legal nature of the regulations through the scope of persons covered is a debating point: a local legal statutory act or a legal statutory act. Let us consider these notions.
Legal statutory act is an official document in writing issued in certain form by the competent lawmaker and aimed at establishment, amendment, enactment or cancellation of legal rules as binding prescriptions, permanent or temporary, intended for indefinite range of persons and designed for multiple use.
In view of the matter at issue, the key words of this definition are «intended for indefinite range of persons».
Local legal statutory act is a corporate (in-house) act issued by the authorized official of the company within its competence for the purpose of managing the activities of the company and relations between its members (in particular, corporate acts, acts of self-regulatory organizations, legal statutory acts of state companies, standards etc.). In view of the matter at issue, the key words contained in this definition are «for the purpose of managing the activities of the company and relations between its members».
The article contains the review of the regulations of the legislative (by the example of the Council of Federation of the Federal Assembly of the Russian Federation) and executive (by the example of the Government of the Russian Federation) bodies in order to identify them as legal statutory acts or local (in-house) legal statutory acts.
Assertion on the regulatory nature. Adherence to the rules of law by all
actors constitutes the foundation of any law-governed democratic state, which Russia is declared to be under article 1 of the Constitution of the Russian Federation. Consequently, the rule considered is of particular significance.
It is noteworthy that the regulations contain the expressed recitation of the actors bound by it to comply therewith. Such actors include the governmental bodies, local self-government authorities, officials, individuals and associations, representatives of foreign states and mass media. Therefore, they are also bound to
1 Dahl V.I. Explanatory Dictionary of the Living Great Russian Language: Modern Spelling:
In 4 volumes. Vol. 4. - M., 2001. - P. 141.
2 Soviet Encyclopedic Dictionary, 2nd edition. - M., 1983. - P. 1107.
3 Legal Encyclopedia. 6th edition revised and enlarged / edited by M. Yu. Tikhomirov. - M., 2011. - P.
816.
comply with the Regulations.
It is obvious that the regulations could not cover all the obligations of the individual and collective actors. Due to this fact, they provide for the general rule binding over these entities to comply with the regulations and, therefore, to perform the duties established therein. Thus, the regulations contain the «universal» duty.
Let us consider these ideas of the theory of law using the examples of the regulations of the legislative and executive bodies of the Russian Federation.
Legislative Power of the Russian Federation
Regulations of the Federal Council of Federation of the Federal Assembly of the Russian Federation1 was approved by the Act of 30 January 2002 No 33-SF «Concerning the Regulations of the Council of Federation of the Federal Assembly of the Russian Federation». The review of this legal statutory act makes it possible to conclude as follows.
The Regulations of the Federal Council of Federation of the Federal Assembly of the Russian Federation (hereinafter - the Regulations of the Council of Federation) determines the procedure of functioning and work of the Council of Federation.
The Regulations of the Federal Council came into effect upon being enacted on 30 January 2002. Upon entry into force of the Regulations, the original text thereof was published in such editions as «Official Gazette of the RF» («Sobraniye Zakonodatelstva RF»), 18.02.2002, No 7, p. 635, «Parliament Journal» («Parlamentskaya Gazeta»), No 35 - 36, 19.02.2002, «Bulletin of the Federal Assembly of the RF», 21.02.2002, No. 6, p. 279.
The operation of the Regulations of the Federal Council can be conditionally subdivided into permanent and discrete2 extension. The operation of the Regulations has permanent extension to the officials of the Council of Federation3, members of the Council of Federation4, the Honorary Chairman of the Council of Federation of the Federal Assembly of the Russian Federation and the Chairman of the 1st Council of Federation of the Federal Assembly of the Russian Federation5, employees of the Central Office of the Council of Federation, while the discrete extension covers the entities and individuals interacting with the Council of Federation. The summary of the scope of the Regulations of the Council of Federation in the view of extension is shown in Table 1.
Table 1.
Summary of the Scope of the Regulations of the Council of Federation
1 Act of 30 January 2002 No 33-SF «Concerning the Regulations of the Council of Federation of the Federal Assembly of the Russian Federation».
2 Discretion (from Latin «discretus» - dissected, discrete), discontinuity; opposed by permanence. For instance, discrete variation of any value in time means variation that occurs in certain time intervals (intermittently, in discrete steps).
3 Clause 2 art. 9 of the Regulations of the Council of Federation.
4 Clause 2 art. 2 of the Regulations of the Council of Federation.
5 Art. 10 of the Regulations of the Council of Federation.
in the View of Extension
Title of the document
Nature of extension
Discrete extension to
Permanent extension to
Regulations of the Council of Federation of the Federal Assembly of the Russian Federation
President of the Russian Federation
Chairman of the Government and members of the Government of the Russian Federation
First chief deputies of the federal executive authorities
Deputies of the State Duma of the Federal Assembly of the Russian Federation
Chairman, deputies, auditors of the Accounts Chamber of the Russian Federation
Chairman of the Constitutional Court of the Russian Federation, Chairman of the Supreme Court of the Russian Federation
Prosecutor General of the Russian Federation and other authorized persons
Chairman of the Investigative Committee of the Russian Federation and other
authorized persons
Members of the Civic Chamber of the Russian Federation
Representatives of the local self-government authorities
Representatives of the foreign states
Representatives of mass media
Representatives of the research and expert institutions
Officials of the Council of Federation, members of the Council of Federation, the Honorary Chairman of the Council of Federation of the Federal Assembly of the Russian Federation and the Chairman of the 1st Council of Federation of the Federal Assembly of the Russian Federation, employees of the Central Office of the Council of Federation
Relying upon the contents of the Regulations of the Council of Federation, within the framework of the discussed issue, it appears that the Regulations of the Council of Federation is a legal statutory act rather than a local legal act, as it is directed to an indefinite range of persons and is tailored for repeated application.
Executive Power of the Russian Federation
Regulations of the Government of the Russian Federation (hereinafter - the Regulations of the Government) was approved by the Act of the Government of Russia of 1 June 2004 No 260 «Concerning the Regulations of the Government of the Russian Federation and the Statute on the Central Office of the Government of the Russian Federation»1.
The Regulations of the Government establishes the rules for administrating the work of the Government of the Russian Federation on exercising its functions.
Regulations of the Government was enacted upon being published in «Official Gazette of the Russian Federation» («Sobraniye Zakonodatelstva Rossiyskoy Federatsii»), 07.06.2004, No 23, p. 2313, and «Rossiyskaya Gazeta», No 119, 08.06.2004.
Regulations of the Government has undergone certain changes, due to direct revocation of the part thereof by other acts of the Government of the Russian Federation, the Ruling of the Constitutional Court of the Russian Federation of
29.11.2006 No 9-P (on holding clause 100 of the Regulations of the Government of the Russian Federation as approved by the Act of the Government of the Russian Federation of 01.06.2004 No 260 «Concerning the Regulations of the Government of the Russian Federation and the Statute on the Central Office of the Government of the Russian Federation» contrary to the Constitution of the Russian Federation, articles 10 and 104), judgment of the Supreme Court of the Russian Federation of
15.02.2007 No GKPI06-1355 (on revocation from the effective date of the court ruling of the paragraph 3 clause 108 of the Regulations of the Government of the Russian Federation approved by the Act of the Government of the Russian Federation of 01.06.2004 No 260.
Regulations of the Government approved by the Act of the Government of the Russian Federation in pursuance of article 115 of the Constitution of the Russian Federation shall be binding in the Russian Federation.
As in the example above, the operation of the Regulations of the Government can be conditionally subdivided into permanent and discrete extension. Operation of the Regulations of the Government is extended permanently to the Chairman of the Government, deputies Chairman of the Government, federal ministers, officials and employees and of the Central Office of the Government. While the discrete extension covers the entities and individuals interacting with the Government of the Russian Federation. Summary of the scope of the Regulations of the Government in view of extension is given in Table 2.
Table 2.
Summary of the Scope of the Regulations of the Government in the
1 Act of 1 June 2004 No 260 «Concerning the Regulations of the Government of the Russian Federation and the Statute on the Central Office of the Government of the Russian Federation».
View of Extension
Title of the document
Nature of extension
Discrete extension to
Permanent extension to
Regulations of the Council of Federation of the Federal Assembly of the Russian Federation
President of the Russian Federation
Chairman of the Government and members of the Government of the Russian Federation
First chief deputies of the federal executive authorities
Deputies of the State Duma of the Federal Assembly of the Russian Federation
Chairman, deputies, auditors of the Accounts Chamber of the Russian Federation
Chairman of the Constitutional Court of the Russian Federation, Chairman of the Supreme Court of the Russian Federation
Prosecutor General of the Russian Federation and other authorized persons
Chairman of the Investigative Committee of the Russian Federation and other
authorized persons
Members of the Civic Chamber of the Russian Federation
Representatives of the local self-government authorities
Representatives of the foreign states
Representatives of mass media
Representatives of the research and expert institutions
Officials of the Council of Federation, members of the Council of Federation, the Honorary Chairman of the Council of Federation of the Federal Assembly of the Russian Federation and the Chairman of the 1st Council of Federation of the Federal Assembly of the Russian Federation, employees of the Central Office of the Council of Federation
Relying upon the contents of the Regulations of the Government, within the framework of the discussed issue, it appears that the Regulations of the Government is a legal statutory act rather than a local legal act, as it is directed to an indefinite
scope of persons and is designed for repeated application.
Consequently, the regulations of a legislative or executive agency constitute a legal statutory act. In order to decide definitively upon this matter, the Federal Law «Concerning the Legal Statutory Acts in the Russian Federation»1 should be enacted. It appears reasonable to incorporate into the law the following definition: Regulations are a special legal statutory act adopted for the purposes of regulating essential modes of administration and functioning of the governmental bodies, local self-government authorities, governmental, municipal and other institutions and organizations, establishing the rules of procedure for the legal person.
The statutory definition will remove the speculations and controversy of the legal status of the regulations and determines unambiguously their location within the system of legal acts.
References
1. Act of 30 January 2002 No 33-SF «Concerning the Regulations of the Council of Federation of the Federal Assembly of the Russian Federation».
2. Act of 1 June 2004 No 260 «Concerning the Regulations of the Government of the Russian Federation and the Statute on the Central Office of the Government of the Russian Federation».
3. Federal Draft Law «Concerning the Legal Statutory Acts in the Russian Federation» (pilot draft). - M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2013.
4. Dahl V.l. Explanatory Dictionary of the Living Great Russian Language: Modern Spelling: In 4 volumes. Vol. 4. - M., 2001.
5. Soviet Encyclopedic Dictionary / Chief Editor A. M. Prokhorov. - Moscow, 1983.
6. Legal Encyclopedia. 6th edition revised and enlarged / edited by M. Yu. Tikhomirov. - M., 2011.
1 Federal Draft Law «Concerning the Legal Statutory Acts in the Russian Federation» (pilot draft). -Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2013.
