Probably many in his life faced with a situation where one and the same issue, there are two or even more regulations governing it.And okay, if these acts complement each other, so there is - more often they simply conflict with each other, not giving a clear picture of the ordinary citizen, what did he follow in a particular legal relationship.
Application of regulations - a complex and simple at the same time.There are a few simple rules to be followed in the event of a conflict one another prior to the regulation of the same issue.
As a rule, the existence at the same time two or more legal instruments on the same subject, in general, can be grouped as follows:
- normative acts issued by different bodies at the same time
- normative acts were published at different times onethe same body
- normative acts were published at different times by different bodies
normative acts issued by different bodies at the same time
publication of regulations is always conditioned by the competence, which is endowed with the appropriate authority.Due to the unequal competence of taking a large number of regulations, the latter have the effect of a different legal status, or as lawyers say, a different legal effect.That legal force and is characterized mainly normative act from the other in the process of its application.
When on any matter published two or more regulations by different authorities in the same time, this could mean the following:
- normative acts were published authorities have different competences
- normative acts were issued at federal andregional authorities
In the case of the publication of regulations authorities with different competences, subject to the application of that act, which has greater legal force.In the hierarchy of regulations have the highest legal force laws.And among the largest law has legal force Constitution.On the hierarchy of normative acts in Russia I wrote in one of his articles.It will only add that in addition to the vertical division regulations (by the law) exists and horizontal (by the criterion of localization, that is, the act of a regional or federal).
In the case of the publication of regulations at the federal and regional authorities, subject to the application of the Act, which is administered in the area of interest, which are regulated by these acts.
Application of regulations in this matter has three levels.
- Areas of interest under the jurisdiction of the Russian Federation.
- Areas of interest that are in the joint jurisdiction of the Russian Federation and the Federation.
- Areas of interest under the jurisdiction of the Federation.
Areas of interest under the jurisdiction of the Russian Federation referred to in Art.71 of the Constitution of the Russian Federation.This is the most important spheres of public and political life of the state, such as the structure of the state, defense and security, foreign policy and international relations, criminal and penal legislation, and others.
Areas of interest that are jointly administered,specified in Article 72 of the Constitution.This scope, which for adequate control of their regulation is needed on the part of the "center" and the "ground" (at the regional level).
The joint jurisdiction of the Russian Federation and the subjects are such areas, such as protection of the rights and freedoms of man and citizen, protection of minority rights, natural resources;environmental protection and ecological security, administrative, administrative-procedural, family, housing, land, water, forest legislation and others.
When the joint jurisdiction of the priority is usually given to the federal legislative act, which is like a "frame" forRegional Act, which has the right to regulate the relationships, not getting out of this box.This was stated in the article.76 of the Russian Constitution, which stipulates that the subjects of joint competence issued by federal laws and in accordance with, the laws and other normative legal acts of subjects of the Russian Federation.At the same time, laws and other normative legal acts of subjects of the Federation may not contradict the federal laws adopted by subjects conducting the Russian Federation, as well as the joint jurisdiction.
In this regard, if there is a contradiction in the two regulations (federal and regional), under the above circumstances, the application is subject to federal regulation.
Outside the limits of authority of the Russian Federation and the Russian Federation on issues under joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the subjects of the Russian Federation shall possess full state power.
normative acts issued at different times by the same authority
When adopting regulations at different times by the same body on the same subject as a general rule: the application is subject to the regulation, which was adopted later.This sometimes happens when publishing a new instrument - forgotten to cancel the previous one.
normative acts issued at different times by different bodies
This situation is a variation of the first embodiment (acts issued by different bodies at the same time).In connection with this application rules regulations operates the same as in the first embodiment.However, in the case of the adoption of regulations by the application of equal competence shall be the regulation, which was adopted later as the second option in the rule.
This basic recommendations that should be followed when making a decision based on a legal act.Application of regulations, as you can see, the question is simple, the main thing to understand ...
