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the Chapter I. The GENERAL CHARACTERISTIC And TENDENCIES of DEVELOPMENT of the MODERN RUSSIAN LEGISLATION

Radical reforming of all spheres of the state and public life was radically reflected and in the Russian legislation. Activization of legislative process has essentially affected it obyonovlenie. Only at federal level for last years it is accepted over one and a half thousand laws.

The base of development of the legislation became KonYOstitutsija the Russian Federation of 1993. According to it a number of federal acts and new kodifikatsionnye certificates is published. Separate laws in spheres gosuyodarstvennogo buildings are passed, economic, social, ecological development, etc. Accordingly there are changes in branches of law and otyorasljah legislations. At the same time novelty and complexity of transformations on which realisation lawmaking is directed, considerable usyokorenie its rates in comparison with former have generated much sushchestvenyonyh contradictions. It in many respects speaks that political, ekoyonomicheskie and the social reforms spent in the Russian Federation, constantly demand the intensive lawmaking allowing vsestoyoronne and effectively to influence on occurring in the country preobrazovayonija. It is a question not only of improvement of the legislation or it rekonstyoruktsii, but also about formation of essentially new legal institutions corresponding to real conditions of market economy, to criteria prayovovogo the states, to the international standards of protection of the rights and freedom lichyonosti.

In legislation development today it is necessary to solve two main tasks: more closely to co-ordinate it to spent transformations, achievement of the purposes of social and economic development, and also parallelyo
But to provide integrity, accurate structurization, mobility and ustojyochivost branches of law.

The choice of subjects of legal regulation on the nearest perspektiyovu is necessary for carrying out with the account проірамм developments of economy and sotsiyoalnoj spheres of the Russian Federation till 2007. Reduction instituyotsionalnyh conditions and an infrastructure in conformity with requirements of business, realisation of administrative reform, formation effektivyonoj systems of granting of social services - such are objective oriyoentiry developments for the Russian legislation and the right as a whole [1].

Today it is difficult to define all scale of the problems not solved here, but some of them became lately sharper, actual and demand to itself the special approach.

The understanding problem first of all concerns their number zakonodayotelstva. Its definition is not only important theoretical, but also suyogubo a practical problem. The term "legislation" ambiguously is understood in theory of law. It is possible to allocate some its interpretations:

1) as set of the standard legal published in the state

Certificates;

2) as the body of laws;

3) as set of the normative acts published by higher organayomi of the government and management.

Absence of uniform standard fastening of concept "zakonodayotelstvo" creates certain difficulties in law-making, pravoprimeyonenii and ordering of standard legal acts.

The analysis of the domestic legal literature gives the basis vydeyolit two basic approaches to understanding of the legislation: in wide and in narrow sense.

As the legislation in a broad sense usually understand system not only laws, but also subordinate legislation normative acts of the President of the Russian Federation, the Government of the Russian Federation, the ministries, departments, other state governing bodies.

Speaking about it, S.S.Alexey defines the legislation as «all set of the standard juridical acts operating in the given country, forming uniform integral system which usually is called as legislation system» [2].

According to D.A.Kirimova, «the legislation legally is sovoyokupnost only acts, but in practical usage zayokonodatelstvo understand more widely: the legislation includes not only laws, but also the subordinate legislation, forming together with them uniform zayokonodatelnuju system» [3]. A similar position h.p. Zivs [5], 0 adhere to S.V.on leniia [4]. A.Krasavchikov [6], A.S., Pigolkin [7], D.V.Gusev [8], etc.

Inclusion in the legislation not only laws, but also subordinate legislation akgov is proved by following circumstances. The subordinate legislation izyodajutsja according to laws and on their basis, opens them soderyozhanie, regulates the relations which have been not settled by laws, inseparably linked with them. Positions of the majority of laws receive the konkretiyozatsiju in the subordinate legislation. Hence, laws and the subordinate legislation soyostavljajut uniform complete system which is called "zakonodatelstyovo". Such approach corresponds also to the present stage of development of the Russian statehood when though and gradually, but nevertheless clearly enough there is a differentiation principle pravotvorcheskoj the competence, soglasyono to which each public authority should publish only
Standard legal acts of in advance established form and on определен* nym the Constitution of the Russian Federation and laws вопросам*.

At the same time some domestic lawyers (V.E.Guliev, V.P.Ka-zimirchuk, R.Z.Livshits, N.S.Malein, V.N.Savitsky, JU.A.Tikhomirov, V.A.Tumanov, R.O.Halfina, T.V.Hudojkina, etc.) considered and consider, that with a view of maintenance in a society of leadership of laws it is more rational prideryozhivatsja than treatment of the legislation in narrow sense as set isyokljuchitelno acts.

They consider expedient to refuse from wide treatment zakoyonodatelstva since the higher validity the law should possess only, on a basis and in which execution all are accepted others standard akyoty [9 [10]. The wide understanding of the legislation, according to R.Z.Livshits, «is a way of washing out of the law, substitution by its administrative decisions» [11]. It is difficult to disagree With it.

The offered concept is ideal and does not cause objections. Proceeding from idea of a lawful state, in the future it is expedient such podyohod to legislation definition that should receive corresponding is standard-legal fastening. But it is a prospect question. In nastojayoshchee iod the term generated within decades "zayokonodatelstvo" it is accepted to understand time both laws, and the subordinate legislation normative acts based on them. To refuse such wide interpretation of the term "legislation" and to pass to its narrower treatment in odnochayose it is impossible. The certain period that the offered short story has received more accurate theoretical substantiation is necessary, has passed certain scientific approbation, became comprehensible on prakgiks [12].

Besides, efficiency of the legislation is reached not at the expense of realisation of monopoly of the law as the normative act having the higher validity, and giving to the Russian legislation such harakyoteristik which define regularity of laws as sources of law and the subordinate legislation norms relieving the legislation (in the narrow sense of the word) from negative consequences of universal legal regulation of all spheres of ability to live of a society.

Besides it, absence of legal definition of concept «zakonodayotelstvo the Russian Federation» creates serious obstacles for ujasneyonija structure of the legislation, procedure of its application. «Therefore, vstreyochaja in the literature the term« the legislation », is necessary whenever possible ustanoyovit, in what sense it is used: in narrow and strictly scientific as sisteyoma existing laws or in wide and generalised as a synonym of all operating sources of law» [13].

Certain difficulties arise and at differentiation of concepts «the federal legislation» and «the legislation Russian FederaYOtsii». The first consists of the standard legal acts published federalyonymi by bodies, which nanoseconds settle system of bodies gosudarstvenyonoj the authorities in Russia. Proceeding from positions of item 72 and 76 Constitutions of the Russian Federation, zayokonodatelstvo the Russian Federation should include federal acts and other standard legal acts of subjects of the Russian Federation. Therefore neobhoyodimo legislatively to fix definitions not only named ponjayoty, but also concept «the legislation of subjects of the Russian Federation» [14].

At the same time defile of the term "legislation" should be carried out in a close connection with explanation of exact sense of other legal concept - "act" which concern: the Constitution of the Russian Federation; the laws accepted by a referendum; federal constitutional zakoyo
ny; federal acts; standard decisions State Are blown also the Federation Council; standard Decrees of the President of the Russian Federation; not become invalid earlier published laws and standard decisions of Congress of People's Deputies of the USSR, Congress of People's Deputies of RSFSR; not become invalid standard decrees and decisions of Presidium of the Supreme body of the USSR and Presidium of the Supreme body of RSFSR; not become invalid Constitutions of the USSR of 1936 published before acceptance decrees and standard postanovleyonija SNK RSFSR, SNK the USSR, decisions of the Central Electoral Committee of the USSR and RSFSR and nekotoyorye другие1.

But concepts "legislation" and "act" neravnoznachyony. The first io to the value more widely also includes all file of normayotivno-legal acts where enter: the acts specified above; normative acts of the Government of the Russian Federation; decisions of the Constitutional Court of the Russian Federation on interpretation of the Constitution of Russia, departmental is standard-legal akyoty etc.

Considering these circumstances, the further statement of a material will be led from positions of "wide" understanding of the legislation for such podyohod will allow to cover practically all levels of legal regulation of diverse public relations and simultaneously to avoid ponjatijyonoj a tautology at the characteristic of regulatory legal acts, to keep integrity and logic completeness of the concept of research vybranyonoj problems.

Legislation development should be directed first of all on realisation of positions of the Constitution of the Russian Federation. The last years, unfortunately, between the Constitution and the current legislation suyoshchestvoval some rupture. The modern concept of the legislation urged to eliminate this lack, to the full to open features of the federal nature of our state.

The present concept of the Russian legislation also should soyodejstvovat to inconsistency overcoming between the accepted legal acts and realisation of their positions. Strengthening of system communications in each branch of the legislation, between different branches, between zakonayomi and the subordinate legislation still is an actual problem.

The analysis and estimation of development of the legislation assume vsestoronyony the account of factors which influence its condition and development tendencies. It can be positive and negative factors, time and poyostojanno operating. The sum faktoyorov »has great value« vnepravovaja. It first of all objective social and economic conditions in the country. Rates of social and economic development of the country, a level of development of separate branches and economy and culture spheres, falling or growth proizyovodstva, and citizens cause incomes of the budget economic potrebyonost, influencing the legislation maintenance. Huge value has also a political factor.

Along with the factors operating outside of system zakonodayotelstva, there are also its negative tendencies own развития*.

Among them it is possible to note:

First, non-uniformity of development of some branches and instituyotov the rights;

Secondly, not always correctly chosen object legal reguliyorovanija;

Thirdly, underestimation of rules of procedure and institutes and their separation from the substantive law;

Fourthly, substitution of laws by the subordinate legislation; fifthly, unsystematic development of the Russian legislation;

Sixthly, frequent contradictions in a variety regulation otnosheyony in property sphere, it aktsionirovanija, privatisations, local sayomoupravlenija etc.;

Seventhly, the tendency of growth of offences and weak realisation zayokonov which take a leading place in legislation system. It is shown in the following:

- They are accepted only legislative (representative) oryoganami the government or is directly perfectly in order referenduyoma;

- Possess the higher validity which means, that all other regulatory legal acts should not contradict laws, differently they will be considered as the void. This rule does not extend on the arisen contradictions between the federal act and standard prayovovym the certificate of the subject of the Federation, published within the limits of its competence, koyogda the legal act of the subject of the Russian Federation operates. Besides, nobody has the right otmeyonit or to replace the law, except body which has published it;

- It realises the most important public relations;

- Laws are accepted in a special remedial order.

To number of the fundamental relations regulated only zakoyonom, it is necessary to carry: bases public and a political system; osyonovnye the rights, freedom and duties of the person and the citizen; the organisation and activity of bodies legislative and the executive authority; a legal status of parties, other public associations.

The major property of acts is them legitimyonost which has two parties - formal and substantial. ForYOmalnaja the party is an adoption of law appropriate body, and in ustanovyolennom an order. But practice shows, that poor-quality laws, buduyochi formally legitimate, do not receive support of citizens, remain neyorealizovannymi and in this sense actually illegitimate. Pra -
vopri.menitelnaja practice gives the full answer to a question on legitimacy zayokona, testifies to distinction between legitimacy formal and fakyoticheskoj [15].

The law and the legislation as a whole develop within the limits of uniform pravoyovoj country systems. The leading place of the law assumes maintenance of its proper correlation with the subordinate legislation, in particular with decrees of the President of the Russian Federation. In the recent past such decrees were accepted on all otyorasljam the current legislation, being a legal basis prakyoticheskogo decisions of many legal incidents. It is a question of decrees which dispersed from the Constitution of the Russian Federation and the federal acts carrying, as a rule, a temporality with the reservation «until acceptance federalnoyogo the law», and also the decrees mentioning a field of activity zakonodayotelnogo of body of the country - parliament. «Ukaznoe the right» destroys dejstyovujushchie jurisprudence canons, depersonalizes the priority importance zayokonov, deduces them for legality frameworks, expands borders legal besyopredela.

The phenomenon of the edition of the decrees "advancing" laws, is fraught with the poyosledstvijami and leads to infringement of legal technology of nanosecond only pravoyotvorchestva, but also pravoprimenenija. The conflict between decrees of the President and laws in the Russian legal system is always result nesoyoglasovannosti actions legislative and executive is imperious, stremyoleniem last to subordinate to itself the power legislative. Power crisis predetermines legality infringement, that, in turn, aggravates kriyozis the authorities [16].

In this connection the question about juridicheyoskoj to force of decisions of the Constitutional Court of the Russian Federation requires serious judgement. In its powers as izyovestno, the permission of affairs about conformity to the Organic law federalyo enters

nyh laws, and also other normative acts of the President of the Russian Federation, Council FeYoderatsii, the State Duma, the Government of the Russian Federation. The constitutional Court takes out decisions on zh'alobam on infringement of constitutional laws and freedom of citizens and by inquiries of vessels checks constitutionality of the law, primeyonennogo or coming under to application in concrete business.

In the scientific literature there is unequivocal recognition for judicial vlayostju in the name of the higher courts of justice of legal representation and sozdayonija them no judicial precedent. One scientists admit this fact reality and consider, that the judicial precedent as a product sudebyonoj activity represents the decision accepted by the court of justice within the limits of certain legal procedure on concrete business, kotoyoroe it is considered obligatory for other vessels by consideration analogichyonyh affairs.

Characteristic signs of the judicial precedent distinguishing it from other sources of law, are:

Judicial precedent creation only the judicial authority supreme body;

Certain legal procedure of creation judicial pretsedenyota;

Obligatory official publication of the judicial precedent.

Other authors reasonably notice, that «the Constitution and laws RosYOsii the judicial precedent is not underlined among sources of law. SootvetYOstvenno and case norms of nanosecond have received an official recognition in kayochestve a special version of rules of law» [17].

Undoubtedly, on the one hand, dejyostvitelno financially-legal force of the law is inherent in the decision of the Constitutional Court, from other, formalyono-legal point of view - an ego the decision is not the normative act
And the nanosecond is considered as the precedent having нормативно* regulating value though actually and acts as that. It not moyozhet to be cancelled accepted parliament the law or other certificate zayokonodatelnoj or the executive authority. Most likely, dispute rassuyodit legal practice in all subtleties of its diverse displays.

Updating of legislative activity of the Russian state is in many respects caused by necessity of introduction of new methods in upravyolenii an economy, formation is state-power structures. UsiYOlenie kommertsializatsii social and economic processes promotes acceptance of the major acts in areas which before nanosecond were covered by legal influence. Value of the law begins povyshatyosja in direct ratio its true role in a society life. SovremenYOnoe the Russian legislation in the conditions of reorganisation from the tool is command-administration managerial control gradually turns in sredyostvo maintenance of a political and economic personal freedom, podyolinnogo democracy. The constitution of the Russian Federation serves pravoobrazujushchej as base of the updated legislation, consolidates and cements multilevel system of standard legal acts.

Its versatile interrelations with the state are the central link in the mechanism of legal regulation of all system of the public relations as which basis constitutional laws and freedom of the person and the citizen, them garantirovannost act, mutual responsibility between the government and the person.

The problem sharpness is connected with the amplified destabilization of socially - economic and political institutes of the state, corruption, vzjatochyonichestvom, irresponsibility and impunity in structures gosudaryostvennoj the authorities, managements, economy etc. nereshennost specified voyoprosov has sharply aggravated contradictions between the state and the person, poyorodilo regional disputes, political conflicts and, as consequence,
The roughest violation of constitutional laws and freedom Russian іраждан. There was a danger of discredit of the concept of "human rights" in sotsiyoalnoj and political practice.

Inefficiently dare the legislation and protection questions sobstyovennosti citizens. The encroachment on the property became rather favourable today, for at legislation level there is a decrease in sanctions for the given kind of crimes, and in the operating Criminal code of the Russian Federation this institute plainly is not regulated. After all not without reason in ch. 2 items 8 of the Constitution of the Russian Federation priyoznaetsja equal protection of all its kinds.

The property institute in a constitutional law has the spetsiyoficheskie lines.

1. Norms about the property in the Constitution of the Russian Federation carry constituent hayorakter.

2. The property institute in a constitutional law is regulated only by material constitutional norms.

3. In the given branch of law it is presented pravonadelitelnymi and law-enforcement norms.

4. The constitutional norms about the property carry only upravomochiyovajushchy or forbidding character.

5. Subjects of law of the property at the constitutional level vyyostupajut: the person, the people, государство1.

In this connection it is necessary to unify responsibility for posjagatelyostvo against any patterns of ownership; to strengthen sanctions for its plunder, destruction or damage; to create the effective mechanism of realisation of such norms.

One more important problem draws to itself attention: this accurate and competent execution of the legislation from top to bottom. First of all it concerns activity of power structures, their legal culture, on -

See: Goshuljak V.V. Institut of the property in a constitutional law of Russia. M, 2003. With. 41-42.

skolku it is impossible to speak about human rights if or і'ань ї gosuyodarstvennoj the authorities and managements frequently ignore the law to the full. In such siyotuatsijah citizens should be protected already from the state for it quite often solves the questions in a damage of the civil rights of Russians, dejstyovuet counter to their rights and legitimate interests. For this reason in sovremenyonyh conditions of the right and freedom of the person cannot be defined only by a level of development of the legislation of our state any more, and should sootvetyostvovat to requirements of norms of international law, its standards.

Interaction international and the national law of the Russian Federation - process difficult and many-sided. Various state bodies, officials of the state participate in it, mezhpravitelstyovennye the organisations. It occurs both on interstate, and on international levels.

Forms of state-legal integration are rather various.

First, bilateral and multilateral communications gosuyodarstv, mediated by corresponding international treaties develop.

Secondly, straight lines international economic otyonoshenija with participation of national and international transnational corporations and consortia extend.

Thirdly, integration processes in frameworks and between the national legislation amplify.

Fourthly, the international organisations - the general, regioyonalnye and specialised [18] are created.

Such interaction in the field of the right represents, as praviyolo, the coordination of two or more legal systems caused obshchiyomi by the purposes, necessary for their mutual development and assuming possibility of existence at them the general fields of activity.

The constitution of the Russian Federation in item 15 item 4 directly establishes, that obshchepriznanyonye principles and norms of international law and international treaties of the Russian Federation are a component of its legal system. EsYOli the international treaty of Russia establishes other rules, than preyodusmotrennye by the law international treaty rules are applied. Similar norms contain in various normative acts UK the Russian Federation, GK the Russian Federation, GPK the Russian Federation, UPK the Russian Federation etc.

At the same time influence of process of globalisation on the national law proceeds is rather inconsistent, but in it nevertheless it is possible to allocate a number tiyopichnyh directions. JU.A.Tikhomirov quite obosnovanno among them nazyyovaet the following:

Recognition of the general legal concepts of maintenance of the rights of citizens, varieties of patterns of ownership, protection of the rights and legitimate interests bizyonesa etc.;

Development of the general principles of legal regulation predpriniyomatelstva, economic standards, mutual relation of citizens and publichyonyh the authorities;

Use of democratic institutes of type of administrative justice, jury etc.;

Recognition of a role of the summary legal acts adequate sootvetstvujuyoshchim to national certificates (modelling laws Intergovernmental AsYOsamblei СІ ІГ, the project of the Constitution of the European union, project KonstitutsiYOonnogo of the certificate of the Allied state of Russia and Belarus etc.);

Use of the conventional terminology;

Use of such ways of rapprochement national zakonodayotelstv, as unification, universalizatsija, harmonisation, etc.;

Use of multilateral treaties for the joint decision of regional problems efforts of the various states.

Influence of international legal norms on interstate prayovo is carried out also by means of mechanisms comparative pravoveyodenija [19].

Thus, international and the internal law sootyonosjatsja among themselves as two independent legal systems, obladajuyoshchie similar priorities and connected by overall aims and problems. In proyotsesse interactions the coordination of norms of both systems, and also their mutual implementatsija is possible. Interaction process is characterised vlijaniyoem one legal system on another.

The pas a background of essential increase in total amount of all standard legal acts in the Russian Federation has considerably grown number so nayozyvaemyh the departmental certificates published by federal bodies ispolyonitelnoj of the power. After all norms of the law "live" through departmental predpiyosanija. As a rule, the regulation of public relations vysyoshih state governing bodies is carried out by certificates, in - the first, by a concrete definition of norms of the law certificates smaller legal siyoly; secondly, by completion of instructions blanketnyh norms. More toyogo, at occurrence of the new questions demanding standard razresheyonija, during some time certificates of the ministries and departments can vyyopolnjat the office role without participation of general provisions of the right [20].

Normative acts of the ministries and departments should correspond to certificates of higher bodies, and not only under the maintenance, but also on foryome if into the given account there are special instructions of the law.

Besides, it is necessary to discriminate podzakonnost these certificates neposredstyovennuju and mediated by certificates of the Government of the Russian Federation, based on verhoyo
venstve the law, and their subordinated position but to the relation to pravitelstyovennym to certificates.

Hence, the requirement of legality of certificates of management podrazdeljayoetsja on two independent groupings: the requirements shown to sobyostvenno to legal acts (to their form and the maintenance), and requirements to protseduyore their editions. Because sharp growth of number of departmental legal acts is annually observed, the important requirement of legality of these certificates is their conformity to certificates of higher bodies of management.

Simultaneously with formation of new social and economic, political and spiritual preconditions of construction of a lawful state the maintenance of a standard material is updated also, change tenyodentsii its developments. It is necessary to carry to them: intensive development of all branches of the Russian legislation; strengthening of interrelation of structural divisions of the legislation; increase in total of laws; reduction of volume of the regional legislation; an intensification zakoyonodatelstva and its quality; a proper correlation of the general and spetsialnoyogo legislations; its discrepancy; specialisation and unification etc.

Changes in the legislation have covered almost all branches. Especially intensively develop constitutional, civil, financial, trudoyovoe, the administrative legislation. It has allowed to solve in a new fashion questions of the status of subjects of Federation, a legal status gosudarstvenyonyh bodies and local government, the rights and freedom of citizens, and also all managing subjects and other legal bodies.

In the constitutional sphere of the leader the realisation tendency poyolozheny Constitutions with reference to the organisation of public authority and federal relations is. In the field of the state building nayobljudajutsja sharp contradictions. It is few the laws regulating the different parties of federal relations, - the status of the subject of Federation, zakljucheyo
nie vnutrifederativiyh contracts and agreements, differentiation of terms of reference and powers, procedures of the resolution of disputes, etc.

It is necessary to overcome backlog administrative zakonodatelyostva in connection with spent administrative reform. Formation noyovoj systems of the federal ministries, agencies, services and nadzorov potrebuyoet, on the one hand, federal act acceptances «About federal enforcement authorities» and new positions about these bodies. With another stoyorony, relations of these bodies as with business, with predyoprijatijami for the account bolshej self-control of the last, and citizens, nayoseleniem should change. Regulating and control functions of this branch should polyonee penetrate other branches of the legislation.

In sphere of the financial right the first steps are made only. Its consolidation and coordination with norms of the Constitution of the Russian Federation, upoyorjadochenie interbudgetary and tax relations is necessary.

At the same time the analysis of the Russian legislation allows to notice and the tendency of some non-uniform development of its branches and podotrasyolej, that complicates an establishment of their balanced parity. OtYOsutstvie or weakness obshcheotraslevyh development concepts zakonodatelstyova complicates working out of scientific bases of system of the legislation.

The tendency of interrelation of structural divisions zakoyonodatelstva amplifies, that receives expression, for example, in prevalence so nazyyovaemyh the complex laws containing sets of methods and norms razlichyonyh of branches. After all one branches carry out mainly the founder - but-legalizujushchie functions, others - regulating, the third - ohranitelyonye.

The carried out analysis allows to see some general tendencies and the possible variants of development of the legislation caused by them in bliyozhajshie years. A variant the first - orientation to increase in the general kolicheyostva laws. A variant of the second - parallel development federal zakonoyo
datelstva and legislations of subjects of the Russian Federation. A variant the third - reduction of volume of the regional legislation. A variant the fourth - the big functional validity and their communication with self-regulation process. The general tendency for the named variants is necessity strogoyogo maintenance of leadership of the law in all spheres of a life of a society, i.e. zayokonodatelnogo a priority as one of the main ways effektivnoyogo legal maintenance of a new state policy in the field of formation of market relations, all-round protection of the rights and freedom lichyonosti.

Position about leadership of the law essentially important first of all from the point of view of a problem of consolidation of legality and the law and order, povysheyonija sense of justice and legal culture of citizens. As a leading principle of formation of system of regulatory legal acts it determines three its levels: hierarchical (vertical), branch (horizontal) and federal. Any of them urged not only to influence on printsiyopialno the important and stable relations, but also to fix them. Others slovayomi, here observe interrelation of the form and the phenomenon maintenance. The bolyoshuju the given relations, the the certificate with higher ierarhiyocheskim position have importance urged to regulate them. And on the contrary, correct vyyobor right forms are underlined by importance of the given relations for a society.

As display of leadership of the law the higher serves its legal siyola which represents degree co-ordinated ™ various kinds of the certificates entering into their hierarchy. The system of certificates of the state, constructed on the basis of a validity, expresses distinction of legal effect otdelyonyh kinds of certificates by means of what their site within the limits of vertical structure is fixed.

The hierarchy of normative acts of the state reflects its hierarchy noryomotvorcheskih bodies. Force of the normative act depends on position of body publishing the certificate juridiyocheskaja.

First, the higher validity of the law, as is known, predpolayogaet conformity to all of them of other normative acts.

Secondly, any state body, the official or nanosecond public organisation is released from a submission duty zayokonu. Such submission provides mutual responsibility as citizens before the state, and the government before grazhdaniyonom. And at last, thirdly, the subordination obshche - the federal and regional legislation should be observed strictly. Unfortunately, this condition does not work today in full a Mercedes. Business becomes complicated that the centre tjayozhesti imperious powers to move began spontaneously in respubyoliki. Without special explanations many have been betrayed to oblivion obshcherossijyoskie legal acts concerning economic, political, a country natsioyonalno-state system. In the formed vacuum hlyyonul the separated stream of the regional legislation, it is frequent in protivoyoves to the federal. Obvious threat of easing of the Russian Federation as complete state formation has hung. The legal measures connected with reduction in conformity of regulatory legal acts of subjects of Federation federalnoyomu to the legislation have urgently been accepted not only organizational, but also.

Spent reconstruction of all system of the legislation, pojavyolenie novels is caused also by necessity of introduction sovreyomennyh methods in management of a national economy, reforming is state-power structures. The differentiation of socially - economic processes increases possibility of legal changes and promotes acceptance of the major acts in areas, kotoyorye earlier were not covered by legal influence. Value of the law nachiyonaet to raise in direct ratio its true role in a life obshcheyostva and deduces the tendency of its leadership on the foreground among other directions.

The legislation intensification as one of characteristic lines of its modern development promotes that legally correct, vseyostoronnee settlement of public relations is carried out both at the expense of the edition of new normative acts, and by improvement of quality, efficiency of the current legislation, its strengthening scientific obosyonovannosti. Intensification process is directed on optimum ispolzoyovanie internal "resources" of an available legislative file, dosyotizhenie to the greatest efficiency of legal instructions in the mechanism of legal regulation of public relations. Degree intensifikayotsii all structural systems of the legislation is caused target naznayocheniem legal statuses, them edinoponimanism, ability most full to reflect versatile requirements of citizens, societies and gosudarstyova. Not isolation of the legislation of subjects of Federation defines prospect of development of process of an intensification, and them vzaimoobuslovlenyonost and unification.

Level of an intensification of the legislation to no small degree depends and on the subjective factor. Such dependence is shown, on extreme meyore, in two directions. First, in law-making sphere - the edition komyopetentnym body of the normative act corresponding to a spirit of the age (so-called pravotvorcheskaja efficiency). Secondly, in sphere pravopriyomenenija - competent sound use of the juridical act (pravoyoprimenitelnaja activity). These two components are closely interconnected. If one of them owing to the certain reasons does not work to the full too the nanosecond gives another of due return.

The frequent edition of regulatory legal acts but same voproyosam not always is desirable, it quite often leads to legal glut, an excess, reglamentatsionnomu to complication.

Process of an intensification of the legislation is closely connected with strengthening of its stability without which the legislation cannot exist as
Constant system of regulation of public relations. Today this property as original legal gayorantii the states of correctness of the course chosen by it, perspectivity of regulated relations is very highly appreciated. Legislation stabilisation urged to remove stress in intersubject relations, relations of regions and the centre, to weaken internal contradictions in system Russian zakonodayotelstva.

Stability of the legislation is provided with number presence faktoyorov which can be divided conditionally on material and spetsialnoyojuridicheskie. Material factors concern: stability sotsialyono-economic, state-political and national vzaimoyosvjazej; timely reaction to the major social processes taking into account perspectivity of character of their development; objectivity and obosnoyovannost the purposes of economic transformations; forecasting neobhodiyomosti legal oposredovanija this or that public sphere in buyodushchem.

It is not necessary to approach to understanding of the tendency of stability only from a position of time, the period for it is a direct way to legal stagnation and nesoyovershenstvu legislations. In similar cases the normative act neizyobezhno becomes obsolete and generates contradictions both material, and legal character. Stability of the regulatory legal act «protivopoyolozhna casual impulsiveness pravotvorcheskogo process also is vyyorazheniem uniform, forward organizational character razyovitija» [21].

Quality - the basic indicator of an intensification of the legislation, characterising degree of its possibility to reach desirable changes in the social and economic sphere, useful return in the decision essential zayodach. «The law is qualitative if he answers public potreb -

nostjam and it is real реіулирует public relations according to poyostavlennymi at its edition the purposes »1. Dynamism, stability and adekvatyonost - here the basic lines of the qualitative legislation including accordingly three vzaimoobuslovlennyh of aspect: 1) legal, 2) economic, 3) the sociopolitical.

I.F.Kazmin, A.V.Mickiewicz and A.S.Pigolkin consider, that quality of the law is a set of its substantial and formal characteristics where substantial criteria have primary, basic character, and foryomalnye indicators are derivatives, вторичными2.

I.V.Voronkova adheres to the similar point of view. On it mneyoniju, the law represents unity of the form and the maintenance and, sledovayotelno, all variety of conditions of its quality it is possible to subdivide on sootyovetstvujushchie the basic groups concerning to its substantial and formal характеристикам3.

The qualitative law should reflect precisely and in due time real relations, correspond to a wide range of interests and requirements obyoshchestva. Social adequacy - such characteristic of the law on which the motivation of human acts depends, their orientation and effektivyonost.

In the literature expresses, in our opinion, not unreasonable predyolozhenie to divide all signs which form quality of the law, into two kinds: the signs characterising the law as the form (source) of the right, and priyoznaki, inherent in the rules of law forming the direct maintenance of the law as реіулятора of public relations.

In the first case the specified signs are obligatory atribuyotami qualities of the law. In the second - the signs characterising the maintenance

1 polenina S.V.qualit of the law and efficiency of the legislation. M, 1993. With. 7.

2 See: Kazmin I.F., Mitskevich L.V., Pigolkin h.p. Improvement of quality of the Soviet legislation//Problems of perfection of the Soviet legislation. Works VNIISZ. Vyn. 36. M, 1987. With. 4.

3 See: Voronkova I.V. About improvement of quality of the Soviet laws And Questions of theory of state and law. Reorganisation and actual problems of the theory of the socialist state and the right: Mszhvuz. sb. nauch. truyodov. Saratov, 1991. With. 117.

The law, can have various intensity of display that does not render essential influence on ability of the law to be the source of law [22].

МЛІ. іМусаев among properties which should possess kachestvenyonyj the certificate, names it normativnost, half-notes) ' and concreteness legal reyogulirovanija, clearness and availability of language, formal definiteness, accuracy of terms and formulations, consistency and another, podrazyodeljaja them too on two kinds: actually legal and language [23].

Thus, quality of the law should be defined by two vzaimoyosvjazannymi the moments: social, characterising actual soderyozhanie the law, and specially-legal, reflecting its quality juriyodicheskoj forms. Social adequacy comprises a material source of realisation of the law which interests and requirements adresayotov are. All other social characteristics of the legislation: svoevremenyonost and necessity of its edition, the validity of the purposes, requirements spravedyolivosti and others - only concretise the specified basic social property.

The Russian legislation, being federal, represents soyoboj a huge is standard-legal file in which we have set of all nesoglasovannostej, different interpretations, approaches to account questions osoyobennostej regions and the centre. In it certificates of different level and a validity simultaneously operate, processes of specialisation and unifiyokatsii proceed, vertical and horizontal communications with the tendency intertwine.

In a practical life constantly there are circumstances, podyopadajushchie under action of some norms which as though enter with each other an antagonism, being crossed in one point of legal space and preyotenduja on regulation of the same relations. Russian zakonodayo
telstvo can become their effective regulator only when its internal and external forms will answer the highest standards of legal technology. And it is not casual. Here has collected mnoyozhestvo problems which complicate nanosecond only law-making process, but also pravoprimenenija. First of all it is questions of quality Russian zakonoyodatelstva, problems of streamlining of terminology is standard-legal akyotov, recommendations about preparation and registration of projects federal zayokonov, linguistic rules of legislative technics etc.

The special approach the problem of a parity of the general and speyotsialnogo demands to itself the legislation. Recently its understanding is frequent svjayozyvajut exclusively only with interpretation rules normativnoyopravovyh certificates according to which the special law ostensibly always has advantage before the general [24]. Such conclusion is flimsy and demands nekoyotoryh explanatories.

First, receptions and rules of interpretation by the orientation do not cover ways of maintenance of advantages of the special law before the general, for they - a component of legal technology, no less than interpretation which too demands knowledge and application of receptions zakonodayotelnoj technics.

Secondly, priorities of special acts in ukazanyonom a parity are not always unequivocal, much depends on specificity obyostojatelstv applications of the given regulatory legal acts.

Here it is necessary to be defined accurately in the terminological plan with such concepts of the current legislation, as "advantage", "konkuyorentsija" and "collision".

Advantage as a certain superiority or the privilege acts as the form of expression of process of a competition, its result. These two phenomena
Are in many respects similar also inseparably linked among themselves. However to identify them completely it is impossible. Out of competition, out of comparison about any preimuyoshchestve cannot be and speeches.

The competition is the objective process proceeding in the right, harakyoterizujushchy dynamics and technology of construction of its system. In creation and functioning of competing norms is available natural neobhodiyomost, caused by an accruing intensification national zakoyonodatelstva, features of the legislation of subjects of Federation, inoyostrannyh the states, norms of international law. The competition takes place in that case when any public relation is covered priyoznakami two or more norms not contradicting, as a rule, each other which apply for application. Such norms urged to regulate similar, family relations, distinctions consist only in degree ureguyolirovannosti.

The especially sharply given problem was designated recently, koyogda the branch legislation was considerably updated, there were the normativyono-legal certificates reflecting its specificity, the legislation system began to be formed regioyonalnaja.

The competition takes place in that case when rules of law, sovpayodaja under the maintenance and volume, have a various validity. In a word, in pravoprimenitelnoj to practice speech about a competition can go only toyogda, when any one fact, a case, vital circumstance ohvatyvayoetsja the signs several interconnected instructions.

There are various kinds of a competition: a competition of the general and special provisions; a competition of special provisions; full and nepolyonaja a competition rules of its overcoming as which it is not necessary to understand any special organizational measures or expenses in process pravoprimenenija Are etc. various also. Overcoming of a competition legal predyopisany is reduced to the permission of a question on advantage, a priority of one
From competing norms before the others. Three and more norms can compete not only two, and.

In the legal literature the opinion on identity tayokih concepts, as a competition and a collision is expressed. It is thought, that it not absolutely so.

The collision represents a competition special case, it vozyomozhnye consequences. It is necessary to understand the contradiction as a collision between two or several norms in process pravoprimenitelnoj dejatelyonosti. At a collision discrepancy between legal predpisayonijami not only under their maintenance, but also under the expression form is available. Meeting a collision of legal rules, we face one of kinds protivoreyochy in the right, imperfection of the legislation. Conflict relations between legal instructions arise when everyone otyodelnaja norm or the regulatory legal act on the same question provides the unequal, opposite, disputable decision.

The norms which are in a collision, technicians, etc. the Question on advantage of the norms contradicting characterise a condition zakonodayotelstva, level kodifikatsionnoj, is central in the theory kolliyozii the rights. The decision of a question on advantage of the norm which are coming under primeyoneniju in a concrete case, from among the norms dispersing under the maintenance or contradicting each other, is not that other, as the permission of a problem of a competition of several rules of law. Thus, the collision can be characterised as a special case of a competition of rules of law.

Among ways of resolution of conflicts in the right it is possible to name sleyodujushchie: interpretation; acceptance of the new certificate; modification or utochneyony in the operating; proceeding; ordering zakonodayotelstva; negotiating process; the international procedures etc.

Factors of the prevention of the legal conflict concern: vseyostoronnee maintenance of leadership of the law; scientific character pravotvorcheyostva; working out of uniform rules of registration of projects of laws and podzakonyo
nyh certificates in the form of the special law; achievement of high quality zakoyonov; independent scientific examination submitted for consideration gosudarstyovennoj the Dumas of bills; legislation ordering; consensus achievement in pravoprimenitelnom process; preparation of the Code of laws of the Russian Federation etc.

At a competition about any collision speech does not go. Competing norms in different degree реіулируют the same circle public otyonosheny also do not contradict among themselves. The competition of norms under the maintenance is wider and more richly, than concept of a collision. Rules of overcoming of a competition could be stated within the limits of the future law «About normayotivnyh certificates of the Russian Federation» or in a corresponding explanation of Plenum of the Supreme Court of the Russian Federation.

The modern Russian right can be an effective regulator of public relations only when its internal and external foryoma will answer the highest standards of legal technics. In reyoshenii this problem the special role is taken away the legal nomenclature as vazhyonejshemu to a direction of influence of the legal theory on practice. «Language of rules of law is characterised by the developed system of the legal terms designating any professional concepts, necessary for correct and accurate expression of legislative will. In standard judgements about possible and due behaviour of subjects are used teryominy from area of jurisprudence, other humanities, and also esteyostvoznanija and technicians - depending on a regulation subject everyone otyorasl legislations have terminological slovayorem...» [25].

The language designs applied at drawing up of the law, should give to normative acts logicality, sequence, sistemnost

And accuracy.

Legal language streamlining is dictated today neyoobhodimostju uniform application of federal normative acts in all territory of Russia and aspiration not to contradict development nayotsionalnyh features of its this or that subject. Them pravotvorcheskaja freedom should not break technology general rules pravotvorcheskogo process, abuse language features of a local dialect. Nanoseconds simple words and word-combinations of the standard document mean, and the special legal terms designating it the general concepts (the claimant, the respondent, the legal body, force majeure etc.), competent primeyonenie which - an indicator of high legal culture normodatelja. Speech does not go about once and for all fallen asleep stamps of legal lexicon, and only about a relative constancy of a legal lexicon and only in those limits which outline the basic conceptual device of leading branches of the Russian legislation.

A variety of a legal language allows to classify it on obshcheiravovuju, branch and interbranch.

Obshchepravovaja terminology, as a rule, is fixed by texts konyostitutsy, bases, codes. In them those public terms are consolidated, koyotorye are peculiar to many branches of law and is uniform them primenjajutyosja (responsibility, a law validity, legal proceedings etc.). These terms are as though universal and constitute the language base of all zakoyonodatelstva.

Branch terminology is in many respects specific and reflects osobennoyosti concrete sphere of adjustable public relations. It prisuyoshcha concrete branch, constitutes a uniform basis se language and the nanosecond coincides on the colour neither with obshchepravovoj, nor with interbranch terminology. Its purpose - extremely exact decoding of features of the text of branch institutes, qualitative service of their interrelations with others struktuyorami the given branch.

Interbranch terminology is peculiar to several branches zakoyonodatelstva and has the mixed character. It without change is applied by numerous normative acts at a regulation of diverse public relations (an offence, a material damage, etc.). Each of the designated terminological versions should bear in itself unequivocal understanding and unity for various branches within the limits of the separate normative act.

Are applied also in technologies of preparation of legal acts and spetsiyoalno-legal terms which with the greatest accuracy and lakonichyonostju reproduce features of semantic loading of the general ustanovleyonija. Accuracy of expression of will of the legislator depends On accuracy of a statement of rules of law.

In the decision of economic, political, national, financial and other questions the important role is taken away to such tendencies of development rosyosijskogo legislations, as its specialisation and unification [26]. They - otyorazhenie a real life, its complexity, dynamism, a variety, and takyozhe embodiments of various levels of a legal regulation many-sided vnugrifederativnyh interrelations.

Laws these two objective and not excluding each other in many respects characterise modern socially - legal practice. Specialisation and unification penetrate all sfeyory: economy, a policy, management, the legislation etc., differently influencing their maintenance, structure, development prospect. Being pair categories, they are so closely interconnected, that them razdelyonoe existence is impossible. Specialisation and unification of the Russian legislation give the chance to consider comprehensively it federativyonyj character.

The essence of legal specialisation consists that normative acts and legal establishments, regulating the diverse parties obshchestvenyonoj lives, as a result of "division of labour" between them predetermine differentiation of the legislation on various branches. It - result performance by legal instructions of various loadings in reguliroyovanii the stood apart groups of public relations. And the mnozhestvenyonee, razlichnee a legal regulation subject, the more variously otrasyolevaja legislation classification.

The wide circulation suffices recently the specialisation of the legislation representing such process of settlement obshcheegvennyh of relations which optimum considers features of the federal device of the Russian state, has received reyogionalnaja geographical, natural, local climatic conditions, traditions, osoyobennosti developments of economy of separate regions. The legal basis of this specialisation is constituted by the Federal contract and the Constitution of the Russian Federation of 1993.

Positive character of process of specialisation of the legislation mozhyono to designate following key parametres:

1) allows to cover legal influence a wide spectrum raznoyoobraznyh public relations;

2) leads to elimination of blanks in customs;

3) promotes logically correct and more perfect poyostroeniju regulatory legal acts;

4) gives flexible, dynamical character to legislation system;

5) creates preconditions of competent legal qualification in prayovoprimenitelnom process.

However legislation specialisation - not end in itself also should rayozumno be combined with such tendency, as unification. It has a two-uniform orientation: on the one hand, it is development of the general instructions io that
Or to other similar problems of social development, and with another - the competent tehniko-formalized processing already accepted unified poyolozheny, i.e. ordering. Unification leads to association and spoyosobstvuet to synchronous action of all structural elements of system zayokonodatelstva, hardens their interconditionality.

Specificity of public relations should not limit sphere of action of process of unification of the legislation as presence at them the general properties, and also their system unity simultaneously assumes complete settlement. Efficiency of such approach is seen that, first, unification creates a number of benefits legislative harakyotera, for example, reduces volume of a standard material, excludes its duplication, and secondly, facilitates application of legal instructions in practice and eliminates unjustified cases of specialisation.

Taking into account a functional variety of the legislation unifikayotsija there can be general, regional, local departmental and projavyoljatsja in such forms, as globalisation, universalizatsija, an integration, sisyotematizatsija. At the same time unification process is not boundless and should have the borders for under certain circumstances the objective requirement for the differentiated settlement obyoshchestvennyh relations can voznikyonut. Then unification becomes not only inefficient, but even undesirable, that, in turn, will cause the return tendency - legislation specialisation. Therefore by working out unifitsirovanyonyh normative acts it is impossible to put excessively general problems, unreasonably to expand sphere of their action and by that to transform into the difficult document of little use for practical application [27].

Such is a general characteristic of a condition modern Russian zayokonodatelstva, its maintenance and the basic directions of development.

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A source: Ermolenko Sergey Vladimirovich. SYSTEM of the LEGISLATION of the RUSSIAN FEDERATION (theory and practice questions). The dissertation on competition of a scientific degree of the master of laws. Volgograd - 2006. 2006

More on topic the Chapter I. The GENERAL CHARACTERISTIC And TENDENCIES of DEVELOPMENT of the MODERN RUSSIAN LEGISLATION:

  1. CHAPTER 1. The BASIC HISTORICAL STAGES of DEVELOPMENT And the GENERAL CHARACTERISTIC MODERN ROSSIJSKOGOFEDERALIZMA
  2. § 2. The General characteristic of the project of new edition of Position about a notarial part: new tendencies in institute development
  3. Rejderstvo in the Russian economy: the characteristic and development tendencies
  4. the Chapter III. The System of penalties for minors under the Russian criminal legislation: a modern condition and development prospects
  5. Chapter 2. The General characteristic of a right protection of designations as trade marks and objects of the copyright under the legislation The Russian Federation
  6. chapter 2. The General characteristic of a right protection of designations as trade marks and objects of the copyright under the legislation of the Russian Federation
  7. a general characteristic of the innovative legislation of the Russian Federation
  8. Chapter 3. NEW TENDENCIES of USE of CAPITAL LETTERS In MODERN RUSSIAN WRITTEN SPEECH
  9. Kleymenov Ekaterina Vladimirovna. the CONSTITUTION of the RUSSIAN FEDERATION In the light of the BASIC TENDENCIES of DEVELOPMENT of MODERN LEGAL CULTURE. The dissertation on competition of a scientific degree of the master of laws. St.-Petersburg - 2001, 2001
  10. CHAPTER 4. TENDENCIES AND CONTRADICTIONS OF DEVELOPMENT OF THE LEGISLATION OF SUBJECTS OF THE RUSSIAN FEDERATION ABOUT КОНСТТГГУЦИОННЬ1Х (AUTHORIZED) VESSELS
  11. CHAPTER 2. TENDENCIES OF DEVELOPMENT OF INTEGRATION PROCESSES IN THE RUSSIAN FEDERATION AND THE EUROPEAN UNION
  12. CHAPTER 1. HISTORY of DEVELOPMENT of the CRIMINAL LEGISLATION of Russia And the MODERN FOREIGN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR DELIBERATE DESTRUCTION OR DAMAGE of ANOTHER'S PROPERTY
  13. § 3. Tendencies of construction of system of punishments under criminal law in the modern foreign legislation
  14. 1.1. The basic tendencies of a direction of development of modern international relations
  15. 1. CONCEPT OF THE LEGAL SYSTEM AND THE BASIC TENDENCIES OF ITS DEVELOPMENT OF MODERN CONDITIONS
  16. 3. THE BASIC TENDENCIES OF FORMATION AND DEVELOPMENT OF LEGAL INSTITUTIONS IN MODERN CONDITIONS
  17. § 1.4. Development of the modern Russian legislation and zaruyobezhnyj experience of legal regulation of relations of an economic subordination of legal bodies