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41. EFFECT OF REGULATIVE ACTS IN SPACE

The action of regulatory legal acts in space is based on 4 principles:

1 . Territorial principle– the law is valid throughout the entire territory of the state, i.e. within the state. borders. In relation to certain persons, premises, areas and transport. means a special legal regime can be established, for example. related to diplomatic immunities. This, however, cannot be understood in the sense that, for example, the territory of the American embassy in Moscow is US territory and the laws of the Russian Federation do not apply there. They operate, but subject to diplomatic immunities established by an international treaty. The effect of the law can be extended beyond the territory of the state to objects that are conditionally equated to its territory, for example: 1) to the continental shelf and exclusive economic zone, 2) to spacecraft, to civil ships and aircraft on the high seas and above it , on warships and aircraft, regardless of their location (flag principle). On the other hand, the effect of some laws may be limited to a certain territory (for example, acts regulating the regime of a free economic zone).

2. Principle of citizenship– the laws of a state are binding on citizens of that state, no matter where they are. Sometimes the law makes an exception to this principle. For example, a citizen of the Russian Federation.

someone who has committed an act prohibited by the Criminal Code of the Russian Federation abroad cannot be brought to justice in the Russian Federation. responsibility for this act, if it is not a crime in the place where it was committed.

3. Real principle– the law is binding on all persons, no matter where they are, if the behavior of these persons encroaches on the most important interests protected by a given state. For example, the Criminal Code of the Russian Federation applies to foreigners who have committed crimes outside the Russian Federation, if this crime encroaches on the interests of the Russian Federation.

4. Universal principle - this is the principle international cooperation in the legal field. A state extends the effect of its law beyond its territory if this follows from an international treaty (for example, parties to the UN Convention on the Law of the Sea have committed themselves to combat piracy on the high seas, and neither the ship’s flag nor nationality matters pirates and victims).

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40. EFFECT OF REGULATIVE AND LEGAL ACTS IN TIME AND FOR THE RANGE OF PERSONS Effect of normative and legal acts in time. In substantive law, for example. civil and criminal, according to general rule the normative legal act in force at the time of occurrence is applied

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Effect of normative legal acts in time, space and circle of persons

The universality of normative acts and their effect are not unlimited, but limited by space, time and circle of persons.

Effect of regulations over time is determined by two time points (points): the moment a normative act comes into force and the moment it loses legal force.

The moment of entry into force of regulations is determined by the following rules:

1) the normative act indicates the start time of the normative act;

2) there may be a fractional entry into force, i.e. part of the legal acts comes into force from one point in time, and the other from another;

3) the start of action is not specified in the normative act. In this case, the general rules for this type of regulatory acts established by law or other act come into force:

a) laws of the Russian Federation come into force ten days after their official publication. Laws amending the Constitution come into force on the date of their publication (Law of June 6, 1998);

b) normative acts of the President of the Russian Federation come into force simultaneously throughout the entire territory of the Russian Federation after 7 days after their first official publication. Other acts of the President of the Russian Federation, including acts containing state secrets or confidential information, come into force from the date of their signing;

c) acts of the government of the Russian Federation affecting the rights, freedoms and duties of individuals and citizens, establishing the legal status of federal executive authorities, as well as organizations, come into force 7 days after their official publication. Other government acts, including acts containing state secrets or confidential information, come into force from the date of their signing;

d) regulatory acts of federal executive bodies of ministries and departments (of an interdepartmental nature, as well as those affecting the rights and obligations of citizens), after registration with the Ministry of Justice of the Russian Federation, must be published and come into force 10 days after their publication throughout the entire territory of the Russian Federation simultaneously.

Control over the correctness and timeliness of publication of regulatory legal acts of federal executive bodies is carried out by the Ministry of Justice of the Russian Federation.

A special procedure for entry into force is provided for tax legislation. Federal tax legislation comes into force one month after its official publication. Federal laws amending the Tax Code of the Russian Federation come into force no earlier than January 1 following the year of their adoption (Article 5 of the Tax Code of the Russian Federation).

Regulatory acts of the Customs Committee of the Russian Federation come into force 30 days after their publication. Acts establishing more preferential rules may enter into force at a later date. short time(Article 11 of the Labor Code of the Russian Federation).

The procedure for the entry into force of acts of the subjects of the federation is determined by the subjects themselves in their charters and other normative acts.

The effect of regulations is terminated:

1) in case of direct cancellation;

2) in case of indirect cancellation, i.e. adoption of a new normative act on the same issues or by the same higher authority;

3) upon expiration of the period for which the normative act was adopted.

The effect of normative acts over time is associated with issues of their retroactive force and experience. The general rule enshrined in the Constitution of the Russian Federation (Article 54) applies here: a law establishing or aggravating liability does not have retroactive effect. This means that the law does not apply to facts that occurred before it came into force.

There are exceptions to this rule. Giving retroactive force to a law is possible in two cases: 1) if the law itself says so; 2) if the law mitigates or completely eliminates liability.

The experience of the law is the application of a canceled law, no longer in force at the time of application, to the facts that existed at the time of its action. For example, the law of the time the crime was committed is generally applied to crimes, unless the new law mitigates liability.

Action of laws in space means that laws apply to all subjects located in the relevant space and are in force in a certain territory.

The effect of regulations in space depends mainly on the body that adopted them. Federal regulations are valid throughout the entire space covered by the sovereignty of the Russian Federation, acts of the subjects of the federation are valid within their territories, etc.

The space over which the sovereignty (power) of the state extends includes land, inland waters, twelve-mile coastal sea waters within the boundaries of the state, an air column within the boundaries accessible to ordinary aircraft(aircraft), embassy grounds, warships anywhere, civilian ships on the high seas, aircraft in the air, internal and territorial waters, submarine cables. This concept of space is called space in the legal sense, which does not coincide with the geographical one.

International legal acts operate on the territory of sovereign states if these states recognize their action on their territory.

The concept of “extraterritoriality” is associated with the action of legal acts in space. Extraterritoriality means that a given territory is “taken out” of the legal space of the state (the laws of a given state do not apply on this territory), although geographically it belongs to the territory of a given state. For example, the territories of foreign embassies are extraterritorial, and the laws of the Russian Federation do not apply there.

The effect of legal acts on a circle of persons is is that the effect of the legal acts applies to the entire circle of persons located on the territory of a sovereign state and specified in the act.

However, in a number of cases, although the law applies throughout the territory, it applies only to a certain circle of persons. A number of laws apply only to citizens of the Russian Federation, but do not apply to foreigners and stateless persons (laws on military service, election laws, etc.). Therefore, the effect of legal acts on subjects is differentiated depending on certain circumstances of legal significance. These include the citizenship of the person, the place of residence of the person himself, his permanent place residence, location of his property, governing body of a legal entity, etc. The most important among these circumstances is the citizenship (legal connection with the state) of the person. All individuals are divided into four categories: citizens, stateless persons, foreigners and bipatrids. All laws of his state apply equally to citizens. However, all legal acts are characterized by personification, i.e. narrowing the circle of people according to various criteria, for example, age, gender, etc. signs. In addition, the NLA may extend its effect to a special subject: an official, a military personnel, a law enforcement officer, etc.



A stateless person, a stateless person, as a general rule is obliged to respect the Constitution and comply with the laws of the host country, and legal regulations apply to them in the same way as to citizens. However, some legal acts do not apply to them, but only to citizens. This mainly concerns political rights.

A foreigner, as a citizen of another state, is obliged to respect the Constitution and comply with the laws of the host country. Some foreigners have the right of extraterritoriality and diplomatic immunity. They are subject to the laws of the host country, but cannot be held accountable in accordance with the law of that country (heads of other states, governments, diplomatic officials). They also cannot be subjects of political rights, for example, to participate in elections, to be elected to government bodies, to serve in the armed forces and other similar bodies of the host country. However, a foreigner who has committed a crime on the territory of the host country may be prosecuted under the rules of general jurisdiction of the host country and in the country of which he is a citizen. Foreigners with diplomatic immunity may be declared persona non grata and expelled from their host country if they commit a crime.

For binationals, if they have the same citizenship of a given state, then the laws of that state apply to them as citizens. Bipatrids are formed as a result of the simultaneous action of the law of blood and the law of soil.

Action of normative legal acts in space.

The effect of regulatory legal acts in space is associated with their distribution to a certain territory. Regulatory legal acts of a state extend their effect to the entire territory of that state. This rule follows from the characterization of state power as sovereign power. It is precisely as a result of state sovereignty that the effect of regulatory legal acts of the state on its territory is undivided and exclusive.

The territory of the state is recognized as part globe, which is subject to the sovereign power of a given state. Usually it includes: land space within state borders; subsoil of the earth within state borders; internal waters, that is, the waters of rivers, lakes and other bodies of water, the banks of which are completely owned by the state; territorial waters; continental shelf; airspace within state borders; military vessels flying the flag of the state; civil vessels flying the flag of a state located in neutral waters or in international airspace; territories of embassies, missions, consulates of the state abroad; spaceships(station) with the sign of the state that registered the object.

The highest and central bodies of the state may adopt normative legal acts that apply to a limited part of the state. Thus, a special legal regime can be established in a free economic zone; in an offshore zone; in a territory that is characterized by difficult climatic conditions or has other significant features - for example, regions of the Far North and equivalent areas (Chapter 50 Labor Code RF).

Regulatory legal acts have their own territory of action local authorities states. Their decisions are binding on all enterprises, institutions and organizations located on the territory of any administrative-territorial unit, as well as officials and citizens.



If a problem arises of the relationship between normative acts in force throughout the entire territory of the republic and in force in a certain part of it, then it is solved according to the principle of the predominant legal force of acts of higher authorities over acts of lower authorities.

The problem of the territorial effect of normative legal acts is of particular relevance in federal states. Two points deserve attention here: the relationship between the territorial limits of the normative legal acts of the Federation and the subject of the Federation and various subjects of the Federation.

There are exceptions to the general rule of the operation of regulatory legal acts in space - the so-called cases of extraterritorial action of the law, which manifests itself mainly in relations with foreign citizens and organizations, as well as with citizens and organizations of the Russian Federation located abroad. The essence of extraterritorial action is the possibility of applying the legislation of another state to actions committed on the territory of one state (Lazarev V.V., Lipen S.V. Theory of State and Law: Textbook for Universities. - 2nd edition, corrected and supplemented - Moscow: Spark, 2000, pp. 311-312).

“Citizens of the Russian Federation and stateless persons permanently residing in the Russian Federation who have committed a crime outside the Russian Federation against the interests protected by this Code are subject to criminal liability in accordance with this Code, if in relation to these persons there is no decision of a court of a foreign state on this crime .

Military personnel of military units of the Russian Federation stationed outside the Russian Federation, for crimes committed on the territory of a foreign state, bear criminal liability under this Code, unless otherwise provided by an international treaty of the Russian Federation.

Foreign citizens and stateless persons not permanently residing in the Russian Federation who have committed a crime outside the Russian Federation are subject to criminal liability under this Code in cases where the crime is directed against the interests of the Russian Federation or a citizen of the Russian Federation or a stateless person permanently residing in the Russian Federation , as well as in cases provided for by an international treaty of the Russian Federation, if foreign citizens and stateless persons who do not permanently reside in the Russian Federation have not been convicted in a foreign state and are prosecuted on the territory of the Russian Federation” (Article 12 of the Criminal Code of the Russian Federation).

On the state Russian territory and the territory conditionally equated to it, the regulatory legal acts of the Russian Federation are in force. However, in certain cases they give way to the norms of international law. Part 4 of Article 15 of the Constitution of the Russian Federation states: “Generally recognized principles and norms of international law and international treaties of the Russian Federation are integral part her legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.”

Effect of regulatory legal acts on a circle of persons.

Regulatory legal acts of a state, as a general rule, extend their effect to all persons located on the territory of a given state. Thus, citizens of that state (including persons with dual citizenship– bipatrids), foreign citizens and stateless persons located on the territory of this state.

There are exceptions to this general rule. It's about about the so-called principle of extraterritoriality. This principle is one of the legal fictions. In accordance with it, certain parts of the territory of the state (buildings of foreign embassies, consulates, missions) are recognized as not being located on the territory of the state where they are actually located, but are legally considered to be located on the territory of the state whose embassy is located in this building. Accordingly, entities located in such territory are subject to the legislation of the country to which embassies, consulates and others belong (Polyakov A.V. General theory rights: Phenomenological-communicative approach. Lecture course. 2nd edition, expanded. – St. Petersburg: Publishing House “Legal Center Press”, 2003, pp. 654-655).

Citizens have a common legal status. Its presence does not exclude the peculiarities of the legal status of certain categories of citizens (youth, pensioners, disabled people, military personnel, and so on), who may have specific rights, benefits, which may be subject to special responsibilities, to which specific measures of responsibility may be applied.

Effect of regulations internal action accepted by organizations, applies only to employees (workers, employees) of this organization. These documents usually regulate labor issues, official activities, wages and so on.

The effect of normative legal acts on a circle of persons can also be considered in the following aspect: the addressees of the instructions contained in normative acts are individuals, various non-governmental (commercial and non-profit) organizations, officials, government bodies, the state as a whole.

Bearing in mind the legal status of foreign citizens and stateless persons, it is fundamentally important to understand the following provisions: they cannot be participants in a number of legal relations, they do not have the rights and do not bear the responsibilities that are inseparable from citizenship. Thus, foreigners and stateless persons do not have the right to vote, cannot be employees of the state apparatus, are not involved in service in the armed forces, cannot bear criminal liability for treason, and so on. In addition, there are features of the legal status of foreign citizens who have diplomatic immunity (Lazarev V.V., Lipen S.V. Theory of State and Law: Textbook for Universities. - 2nd edition, corrected and expanded - Moscow: Spark, 2000, pp. 312-313).

“The issue of criminal liability of diplomatic representatives of foreign states and other citizens who enjoy immunity if these persons commit a crime on the territory of the Russian Federation is resolved in accordance with the norms of international law” (Part 4 of Article 11 of the Criminal Code of the Russian Federation).

The limits of the validity of normative legal acts in space are the limitation of the validity of a normative act only to the territory covered by the sovereignty of the state or the competence of the corresponding law-making body. These limits are determined on the basis of territorial and extraterritorial principles.

In accordance with the territorial principle, the effect of a normative legal act extends to the entire territory within the state or administrative boundaries of the activity of the law-making body. Thus, federal laws and other regulatory acts of federal authorities are valid throughout the entire territory of Russia, acts of constituent entities of the Russian Federation - only on the territory of these constituent entities of the Russian Federation, and acts of municipal entities are applied only within the boundaries of these administrative units.

A typical example of the territorial principle of operation of a legislative act can be Art. 13 of the Labor Code Collection of legislation of the Russian Federation. 2002. No. 1 (part 1). Art. 3; SZ RF 2002. No. 30. Art. 3014; SZ RF 2002. No. 30. Art. 3033; SZ RF 2003. No. 27 (part 1). Art. 2700. Russian Federation on the operation of laws and other normative legal acts containing labor law norms in space. According to this article, legal acts adopted at the federal level extend their effect to labor and relations directly related to them throughout the entire territory of the Russian Federation, unless otherwise provided in these acts themselves (Part 1 of the article). Laws and other legal acts of the constituent entities of the Russian Federation containing labor law norms are valid within the territory of the corresponding constituent entity of the Russian Federation (Part 2). Acts of local government bodies containing labor law norms are valid within the territory of the relevant municipality(Part 3). Local regulations of organizations concerning issues of regulation of labor relations are valid only within the organizations that have adopted them (Part 4).

The principle of territoriality is also formulated in the Criminal Code of the Russian Federation (Article 11 of the Criminal Code of the Russian Federation), while other options for the operation of the Criminal Code of the Russian Federation in space are allowed, if such are provided for by an international treaty. According to this article, the Criminal Code of the Russian Federation extends its effect to acts committed on the territory of the Russian Federation, within the territorial waters of the Russian Federation (width 12 nautical miles), as well as those committed on the continental shelf and in the exclusive economic zone of the Russian Federation.

Thus, a crime is considered committed on the territory of the Russian Federation if actions (inaction) were committed on the territory of the Russian Federation and socially dangerous consequences occurred; or if actions (inaction) were committed on the territory of the Russian Federation, and socially dangerous consequences occurred outside its borders; or if the actions (inaction) were committed outside the Russian Federation, and socially dangerous consequences occurred on the territory of the Russian Federation.

The territory of any state is delineated by the state border, which is understood as a line and a vertical surface passing along it, defining the limits of the land, subsoil, waters, and airspace of the state.

Thus, the territory of the state includes:

  • 1. part of the land (land territory) with internal water space (rivers, lakes, etc.) within the borders of the state;
  • 2. internal waters. Article 1 of the Federal Law “On internal sea waters, the territorial sea and the adjacent zone of the Russian Federation” dated July 31, 1998 (SZ RF. 1998. No. 31. Art. 3833) classifies the waters of seaports, bays, and bays as internal sea waters of Russia. , lips, estuaries, the shores of which belong to the Russian Federation according to the list established by the Government of the Russian Federation, as well as sea waters located towards the coast from the baselines from which the width of the territorial sea is measured. The territorial sea is understood as the sea belt adjacent to the land territory of a state or its internal sea waters within a range of up to 12 nautical miles. In internal waters, the state, in accordance with international maritime law, fully exercises its sovereign rights and regulates the procedure for any type of activity, in contrast to the territorial sea, where the sovereign rights of states are limited to a certain extent;
  • 3. airspace over the territory of the state, which means the space over land territory and water territory, including over territorial waters. The lateral limits of a state's airspace are limited by state land and sea borders. In the theory of international law, the upper limit of sovereign airspace is proposed to be considered the boundary between air and outer space at an altitude of 100-110 km from the level of the World Ocean;
  • 4. aircraft and sea vessels of the military and civil fleet located on the high seas or in the air under the flag or emblem of the state;
  • 5. space objects located under the flag or emblem of the state;
  • 6. so-called “quasi-territory” (territory of embassies or consulates enjoying a special legal regime).

In the Russian Federation, the continental shelf and the exclusive economic zone are not included in the territory of the state, but it must be remembered that according to Art. 11 of the Criminal Code of the Russian Federation, its effect extends to crimes committed within the continental shelf or in the exclusive economic zone, in other words, it is considered committed on the territory of the Russian Federation. Komarov S.A. General theory of state and law: Textbook. 7th ed. - St. Petersburg: Peter, 2004. pp. 253-254.

In accordance with the Constitution of the Russian Federation, the procedure for the operation of international law on the territory of Russia is determined. Generally recognized norms of international law and international treaties of the Russian Federation are an integral part of its legal system. In accordance with federal structure state, in Russia there is a priority of federal legislation, implemented by federal authorities within their competence, over the legislation of the constituent entities of the Russian Federation and local, municipal regulations.

The collision (conflict) of acts in connection with their effect on a particular territory, as well as in connection with the competence of law-making bodies and the time of issuance of acts, is regulated by conflict of laws rules, which are contained in the Constitution (Article 76) and in sectoral legislative acts. Alekseev S.S. Law: ABC - theory - philosophy: Experience comprehensive research. - M.: Statute, 1999. P. 95.

Extraterritoriality of the action of a normative legal act means the distribution of legal acts of this subject lawmaking beyond the territorial boundaries of the activity of this entity.

In other words, the application of the legislation of foreign states on the territory of the Russian Federation is in some cases permitted, but only to the extent permitted by national legislation and defined in an interstate agreement.

The procedure according to which the effect of regulatory legal acts does not extend to a particular space or persons is called extraterritoriality.

Extraterritoriality comes in the form of immunity of diplomatic consular representatives, as well as the possibility of applying acts of a criminal law nature on the territory of another subject of the Federation where the crime was committed, regardless of where the criminal was detained and prosecuted. Komarov S.A. General theory of state and law: Textbook. 7th ed. - St. Petersburg: Peter, 2004. P. 254.

Regulatory acts have temporal, spatial and range of persons limits to their functioning.

The effect of a normative act in time is determined by the entry into force of the act and the moment of its termination.

According to Part 3 of Art. 15 of the Constitution of the Russian Federation: “Laws are subject to official publication. Unpublished laws do not apply." In addition, “any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information.”

I. Entry into force of regulatory legal acts

The effect of the law, as well as any other normative legal act, begins from the moment it comes into force.

In state legal theory and practice it is recognized that in modern Russia regulatory legal acts come into force in connection with the following factors:

a) from the moment specified in the act itself or the act accompanying it, by indicating a specific (calendar) date (for example, the Criminal Code of the Russian Federation entered into legal force on January 1, 1997);

b) in connection with other circumstances specified in the act (“from the moment of signing”, “from the moment of publication”, “from the moment of adoption”, for example, the Constitution of the Russian Federation), etc.;

c) upon expiration of a certain period after their official publication.

The following is significant: the situation of “expiration of a certain period” is regulated by the special Federal Law of the Russian Federation “On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly” (dated May 25, 1994). Let us pay attention to the substantive provisions of this law.

1. According to Art. 2 of this act, the date of adoption of the Federal Constitutional Law is considered the day when it was approved by the chambers of the Federal Assembly. The date of adoption of other (current) federal laws is considered to be the day of their adoption by the State Duma in their final version.

2. Federal constitutional laws and federal laws are subject to official publication within 7 days after they are signed by the President of the Russian Federation. Acts of the chambers of the Federal Assembly are published no later than 10 days after their adoption.

3. The official publication of a federal constitutional law, a federal law, an act of the chamber of the Federal Assembly is considered the first publication of it full text V " Rossiyskaya newspaper", "Collected Legislation of the Russian Federation" or in the "Parliamentary Newspaper".

3. Federal constitutional laws, federal laws, etc. come into force simultaneously throughout the entire territory of the Russian Federation after 10 days after the day of their official publication, unless the laws themselves establish a different procedure for entry into force.

The effect of normative legal acts of the President of the Russian Federation and the Government of the Russian Federation is regulated by a special Decree of the President of the Russian Federation of May 23, 1996 “On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and normative legal acts of federal executive bodies.” Let us pay attention to the following provisions.

1. Regulatory legal acts of the President of the Russian Federation come into force simultaneously throughout the entire territory of the Russian Federation after 7 days after their first official publication. Other acts of the President of the Russian Federation, including those containing state secrets or confidential information, come into force from the date of their signing.

2. Government acts affecting the rights, freedoms and duties of individuals and citizens, establishing the legal status of federal executive bodies, as well as organizations, come into force 7 days after their publication. Other government acts, including acts containing state secrets or confidential information, come into force from the date of their signing.

Regulatory legal acts of federal executive bodies (ministries, state committees, services, etc.) of an interdepartmental nature, as well as those affecting the rights and obligations of citizens, are subject to registration with the Ministry of Justice and come into force 10 days after their publication.

The procedure for the entry into force of acts of the subjects of the federation is determined by the subjects themselves in their charters and other normative legal acts.

Termination of regulatory legal acts

Laws, as well as other normative legal acts, cease to be valid from the moment they lose legal force.

According to established practice, this occurs as a result of the following circumstances.

1. As a result of the expiration of a law or other regulatory legal act, which is indicated in advance in the act itself. Such acts are issued, for example, when a state of emergency is introduced in a certain territory for a certain period.

2. As a result of the direct repeal of an existing regulatory act by another act issued by the competent government agency. For example, the Federal Law “On the implementation of the Russian Code of Administrative Offenses” (adopted on December 20, 2001 - SZ RF, 2002. No. 1. Art. 2) immediately declared 137 laws and other acts related to issues of administrative responsibility to be invalid .

3. As a result of replacing the current regulatory legal act with another act that actually establishes new principles and norms of regulation in this area. Thus, in connection with the adoption of the Constitution of the Russian Federation (December 1993), the Constitution of the RSFSR, adopted on April 12, 1978, was simultaneously terminated.

4. Termination of a normative legal act may occur due to the disappearance of the circumstances to regulate which it was adopted. It is known that with the collapse of the USSR, all acts establishing the system, the powers of the allied government agencies.

Consideration of the effect of a normative legal act in time involves consideration of two more concepts: “retroactive force of a normative legal act” and “survival of a normative legal act.”

Retroactive force of the law. The operation of laws in time is associated with issues of their retroactive effect.

There is a general rule that all regulatory legal acts, after adoption, are valid only for the future. They do not extend their effect to relations that existed before their entry into force (that is, they do not have retroactive effect, retrospective action). However, there are exceptions to this rule. In some cases, a law may be given retroactive force, that is, its norms will apply to relations that existed before the adoption of such an act.

Retroactive force is the extension of the legal force of a normative legal act that has entered into force to circumstances that occurred before its adoption.

It is significant that the retroactive force of a normative legal act is used in certain exceptional cases. Firstly, then when the legislator, of necessity, gives retroactive effect to regulatory legal acts or their individual instructions, providing for such a possibility in the regulatory legal acts themselves. Secondly, retroactive force is automatically given to criminal laws that eliminate, cancel punishability or mitigate the punishment for a specific act compared to the previous law. In Art. 54 of the Constitution of the Russian Federation says in this regard: “The law establishing or

aggravating liability does not have retroactive effect... If, after the commission of an offense, liability for it is eliminated or mitigated, the new law applies.”

So, the law gains retroactive force, i.e. There is an exception to the general rule:

1. If this is indicated in the act itself.

2. If this act eliminates or mitigates criminal or administrative liability.

It should be emphasized that in criminal and administrative law, which provide for penalties, the retroactive force of the law cannot lead to the establishment or strengthening of punishment for acts committed before the adoption of the relevant law. Giving retroactive effect to a law is used mainly in civil law.

There is also such a thing as “experience of the law,” i.e. a law that has lost legal force by special instructions of the new law is recognized as valid in relation to relations that arose or existed during its validity. In practice, this means, for example, that the court, while the new law is in force, will decide the case in accordance with the previous law if a property dispute arose before the new law came into force.

Action of normative legal acts in space.

Law operates not only in time, but also in space. Obviously, the legislator, when developing new regulatory legal acts, takes into account their spatial capabilities and limits. Persons and organizations implementing (applying) the requirements of legal acts also take into account their spatial parameters. This is related to the definition of territorial jurisdiction (in procedural law), etc.

The effect of a normative legal act in space is the definition of the territory in which its norms are subject to mandatory implementation.

In space, regulatory legal acts, depending on their type, can be:

a) national, apply to the entire territory of the country;

b) regional (operating on the territory of the constituent entities of the Russian Federation);

c) local, operating on the territory of the municipality;

d) local, operating within enterprises, organizations (ITU, military unit, etc.);

e) extending to the territory specified in the regulatory legal act itself (for example, regions of the Far North);

e) intended for action outside the state.

The territory of the Russian Federation means: part

land, which is defined by the state border: internal waters; twelve-mile coastal territorial sea waters (12 nautical miles approximately 22 km); airspace over the territory of a state accessible to conventional aircraft (airplanes); aircraft of the Russian Federation, civil vessels located outside the territorial waters under the flag of the Russian Federation; warships anywhere; territory of diplomatic missions of the Russian Federation abroad.

Objects equated to state territory are pipelines, underwater cables, subsoil within state border, continental shelf, space objects.

The action of normative legal acts in space can be carried out on the basis of the extraterritorial principle. This principle means: firstly, within the borders of a state, in accordance with international law, there may be areas of territory (for example, the territory of embassies) and persons (for example, diplomatic representatives) that are not subject to the jurisdiction of this state. Secondly, the rules contained in Federal laws may be applied outside the Russian Federation in relation to Russian citizens. Thirdly, when considering certain categories in legal cases, the use of foreign legislation is allowed (for example, when the court considers certain foreign trade transactions); in some cases of inheritance, the use of foreign legislation is allowed.

So, according to the spatial (territorial) criterion, all normative legal acts are divided into acts whose effect extends to the entire territory of the state, acts covering a certain part of it and acts whose effect extends beyond the borders of the country.

Effect of normative legal acts on a circle of persons.

This aspect of the operation of normative legal acts involves clarifying the question of who the instructions contained in these acts are addressed to, i.e. determination of the circle of subjects in relation to which this legal act has legal force.

It is essential that the procedure for the operation of normative legal acts for a circle of persons is determined by the legal status of the relevant subjects. In accordance with this criterion, the effect of regulatory legal acts on persons is determined as follows:

1) regulatory legal acts that apply to all citizens, government bodies, public organizations, foreigners, stateless persons located on the territory of the state (Constitution of the Russian Federation);

2) acts that apply only to Russian citizens (Law on the Election of the President of the Russian Federation);

3) regulatory legal acts in force in relation to foreigners and stateless persons (Law on the legal status of foreigners and stateless persons);

4) acts in force in relation to subjects with a special (professional) legal status (lawyers, military personnel, police officers, doctors, etc.);