Economic efficiency of events in the museum. Means and forms of museum activities: effectiveness

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 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 Unpublished laws do not apply."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 essential: the situation of “expiration of a certain period” is regulated by the special Federal Law of the Russian Federation “On the procedure for 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 its full text in “ 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 and powers of the union state bodies lost force.

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 force to normative legal acts or their individual instructions, providing for such a possibility in the normative 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. exception from general rule occurs:

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: inland waters; twelve mile coastal territorial sea waters (12 nautical miles approximately 22 km); airspace over the territory of a state accessible by normal 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 include pipelines, underwater cables, subsoil within the state border, continental shelf, and 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 norms contained in Federal laws can 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.);

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

Effect of the regulatory legal act (LLA)– the generation of those legal consequences that are provided for in it. Action is limited by time, space, circle of persons.

The temporary period of validity of the legal acts is limited to the moments of its entry into force and termination.

Entry into legal force:

1) The specific date for the entry into force of the regulatory legal acts is named;

3) Enters into force from the moment of its adoption;

4) Comes into force upon the occurrence of certain circumstances (war, state of emergency);

5) Comes into force from the moment of its signing;

6) To be put into effect in stages;

7) Comes into force upon receipt by the addressee;

8) If the date of entry into force is not specified in the regulatory legal acts, it comes into force after 10 days from the date of official publication.

Loss of legal force:

1) The regulatory legal act ceases to be valid upon expiration of the period for which it was adopted;

2) In case of direct replacement of this act (a resolution on the repeal or other legal acts is applied);

3) Due to a change in the circumstances for which the legal regulation was designed;

4) In case of actual cancellation (another legal act is accepted without canceling the first one).

Retroactivity of the law– extension of the effect of the legal acts to those facts and the legal consequences generated by it that arose before it entered into legal force.

Exceptions to the general rule:

1) The legal regulation has retroactive effect if it is directly indicated by the legislator;

2) The legal act mitigates or cancels legal liability for committing an unlawful act.

According to the degree of completion of the legal consequences that occurred in accordance with the previous legal acts, they are distinguished:

Revised retroactive force - the effect of the legal acts applies to facts for which legal consequences have already occurred, and these legal consequences are revised;

Simple retroactive effect - the regulatory legal act does not imply a revision of completed legal consequences.

Action of NPA in space:

1) Territorial – the legal acts of a state apply to the entire territory of that state;

2) Extraterritorial - manifests itself in the possibility of applying the legislation of another state to actions committed on the territory of one state.

Territory of the Russian Federation:

The part of land defined by the state border;

Inland waters;

External bodies of water (12 nautical miles = 22.2 km);

Adjacent continental shelf, airspace above the territory of a state;

Aircraft of the Russian Federation;

Sea vessels flying the Russian flag;

Space objects;

Territory of diplomatic missions of the Russian Federation abroad.

Action of legal acts for a circle of persons:

1) Applies to all citizens of the state, regardless of their legal status;

2) NLA may apply to certain categories of citizens (military personnel, pensioners, disabled people);

3) The validity of legal acts is limited in relation to employees of diplomatic missions of foreign states and members of their families.

36. Lawmaking: concept, principles, types.

Lawmaking– the process of cognition and assessment of the legal needs of society and the state, the formation and adoption of legal acts by authorized entities within the framework of appropriate procedures.

Elements of lawmaking:

1) Cognition, study and analysis of phenomena and processes that allow or require legal regulation;

2) Determination of the body or other entity authorized to adopt a legal act;

3) Choosing the form of the proposed act;

4) Preparation, adoption or amendment of an act within the framework of the relevant procedures.

Factors influencing the formation of law: economic, social, ideological, political, national, foreign policy.

Principles of lawmaking– fundamental principles observed in the process of adoption, amendment, addition or repeal of legal acts:

The principle of democracy - the population should be involved in participation in law-making, and its opinion should be taken into account when developing and adopting normative legal acts;

The principle of transparency – law-making activities are carried out in an open and accessible form to the population;

The principle of scientific character - scientists, experts, and practitioners should be involved;

Principle of legality - must be carried out only by authorized competent authorities in compliance with the requirements of the law;

The principle of professionalism - must be carried out by professionally trained subjects using special techniques and means of legal technology;

The principle of planning - must be carried out according to a pre-thought-out plan;

The principle of enforceability - the adopted regulations must have funding and a personnel base for their implementation.

Kinds:

1) by subject: people, state bodies, individual officials, local government bodies, local, public organizations;

2) by importance: lawmaking, delegated, subordinate lawmaking;

3) by the presence/absence of lobbying: lobbied, not lobbied.

The legislative process is associated with the adoption, amendment, addition, and repeal of laws.

Law- a normative legal act adopted in a special manner by a legislative body or a referendum, which has the highest legal force and regulates the most important social relations.

Main stages of lawmaking:

1) legislative initiative - the right of subjects to submit a bill for consideration to the legislative body (subjects - the President, deputies of the State Duma, members of the Government, Federation Council, bodies of the subjects of the federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Constitutional Court);

2) discussion - carried out in State Duma committees;

3) acceptance - by the State Duma, approved by the Federation Council;

4) signing – by the President;

5) promulgation of the law.

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 area over which the sovereignty (power) of a state extends includes land, internal waters, twelve miles of coastal sea waters within the borders of the state, air column within the borders accessible to ordinary aircraft (airplanes), embassy territories, warships anywhere , civil 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.

Federal Agency for Education

State Educational Institution of Higher Professional Education "Moscow State Law Academy"

Department of State and Law

Kaminskaya Svetlana Sergeevna

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

Course work

Students of group 14, 1st year

Institute of Law

Full-time education

Scientific adviser:

Associate Professor Petruchak Larisa Anatolyevna

Submission date:__________

Date of review:__________

Defense date:__________

Grade:__________

1. Introduction 3 pages

2. The concept of the legal effect of normative legal acts 4-5 pp.

3. Effect of a normative legal act over time, pp. 6-13.

4. The effect of the normative legal act in the space of 14-15 pages.

5. Effect of a normative legal act on a circle of persons 16 pages.

6. Conclusion 17 pages.

7. References 18 pages.

1. Introduction.

The effect of a law (regulatory act) is the state of the actual functioning (impact and legal regulation) of the provisions of the law (regulatory act) in a certain period of time, in a certain territory, in relation to a certain circle of persons (citizens, organizations, government bodies).

The problem of the operation of a law in time historically arose and developed as a problem of retroactivity or retroactive action of a law and has rather distant origins. The first mention of the existence of this principle is found in one of Cicero’s speeches. The earliest theoretical development of the issues of the operation of laws in time belongs to medieval jurists, who made the law the center of their research. They already understood that the principle of irreversibility of law cannot be elevated to an absolute, because as such it excludes the development of law.

Like any objective reality, the law operates in time and space. The connection of a legal norm with space and time is expressed, in particular, in the fact that the very creation of a legal norm is an act performed in time and space. Each norm specifies where and at what point the prescribed behavior must be carried out. Thus, its action is both spatial and temporal in nature. Even when the time and place of action of a norm are not limited, this does not mean that it is independent of space and time, since the phenomena to which the norm is applied always occur in certain place and at a certain time.

There is also unconditional certainty regarding the effect of the law in relation to a circle of persons. As a general rule, the law applies to all citizens, organizations, government bodies, and associations. However, this does not exclude cases of extension of the law to a separate, narrower and more specific circle of subjects.

Moral norms, customs (both legal and non-legal) and some other norms also operate in space and time, but for them, as a rule, we cannot establish spatial and temporal boundaries. Therefore, the problem of choice, for example, between an old and a new custom practically did not exist, and theoretically cannot be solved. The problem of choosing between the old and the new law, an act issued by the state, is of great practical and theoretical importance.

For a law we can, although it is not always easy, determine its initial and final boundaries in time, the territory in which it operates, and the persons whom it concerns.

2. The concept of legal effect of normative legal acts.

The legal system of society as a whole, like its elements (primarily legal texts), does not exist forever and is not limited by anything. It operates in certain time, within certain boundaries, in relation to certain subjects, that is, it has temporal (temporal), spatial and subjective characteristics. They are of greatest importance for volitional acts, including normative legal acts that are created by the state and integrated into the already existing system of legislation.

Rules of law designed to regulate public relations are contained in official documents - normative legal acts. The regulatory legal acts in force in a particular state are coordinated with each other and form whole system called the legislative system. Issues of the concept of the legal effect of normative legal acts, the action of normative legal acts in space and time are important both for the law-making process and for the implementation of legal norms.

By getting acquainted with regulatory legal acts, citizens gain knowledge about the content of regulatory requirements. It is a normative legal act, as an external form of law, that determines what social relations are regulated by the norms of law contained in the act, when they begin to operate, what territory they extend to, what category of persons they concern.

Thus, the limits of validity of legal norms are determined, first of all (but not in all cases), by the limits of validity of regulatory legal acts in which these legal norms are contained.

The effect of a normative legal act is the generation of those legal consequences that are provided for in it.

At the same time, under the influence of a normative legal act, the dominant legal doctrine does not understand its actual functioning as a source of law, but only the recognition of a certain legal (more precisely, legislative) force for it from a specific moment in time, that is, its place in the hierarchy of acts, which is always determined by the will of the legislator.

The difference between the legal force of a law and its effect can be illustrated by the example of the laws of the Russian Empire after October revolution. Having been legally abolished, they continued to operate until they were gradually replaced by new legislation. On the contrary, one can often find laws or decrees that never acted as sources of law, that is, did not create rights and obligations for those persons to whom they were addressed, despite their official state “recognition.”

The limits of validity of a regulatory legal act are usually established according to three main parameters: time, territory (space) and circle of persons. Sometimes a fourth parameter is added: a certain sphere of social relations, which is regulated by the rules of law contained in the normative legal act, and they talk about the substantive effect of the normative legal acts.

Their quality, consistency with each other, and, ultimately, the level of effectiveness of legal regulation depend on the clear and rational establishment of the limits of action of regulatory legal acts. “The implementation of the requirements of legality is associated with the scope of the normative act. These limits must be regulated so that adopted normative acts are promptly put into effect, old ones are repealed, subordination is strictly defined, cases of arbitrary application of an act to relations that fall within the scope of its functioning are not allowed" (Alekseev S.S. General Theory of Law, Moscow , 1982, volume 2, pp. 237-238).

“The limits of validity of a normative legal act are specifically regulated in special rules: operational and conflict of laws” (Lazarev V.V., Lipen S.V. Theory of State and Law: Textbook for Universities. - 2nd edition, corrected and expanded - Moscow: Spark , 2000, pp. 302-303).

3. Effect of a normative legal act over time.

The validity of a normative legal act is limited in time by the moment it enters into legal force and the moment it loses legal force.

There is the following procedure for the entry into force of regulatory legal acts (entry into force):

1. The moment of entry into force is most often indicated in the document accompanying the act - the resolution on the introduction (on the procedure for putting) the normative legal act into effect or in the act itself. Does it like this.

A). The period for entry into legal force may be indicated either in the regulatory legal act itself or in a special accompanying document.

A specific date is named, and most often the period between the adoption and entry into force of a normative legal act does not exceed one to three months. If a fairly complex, important legal act is adopted, then the period between its adoption and its entry into force may be longer. Thus, the Criminal Code of the Russian Federation was adopted by the State Duma on May 24, 1996, approved by the Federation Council on June 5, 1996, and put into effect on January 1, 1997. The Federal Law of April 20, 1995 “On state protection of judges, officials of law enforcement and regulatory authorities” came into force ten days from the date of its official publication. However, Articles 6 (personal security, protection of home and property), 7 (issuance of weapons, personal protective equipment and danger notification), 11 (regarding changes in the appearance of the protected person) and 20 (on material compensation) came into force only on January 1, 1996 of the year. And Article 10 (in the part concerning the relocation of the protected person to another place of residence) came into force only on January 1, 1997. The period between adoption and entry into force is extended even if it is impossible or impractical to immediately implement the requirements contained in the normative legal act.

b). A regulatory legal act may enter into legal force in stages.

In this case, the stages of putting into effect certain chapters, sections, articles are indicated by certain dates or are associated with the onset of certain conditions. Thus, the Criminal Code of the Russian Federation came into force on January 1, 1997, at the same time, its provisions on punishments in the form of compulsory labor and arrest are put into effect by federal law after the entry into force of the Criminal Executive Code of the Russian Federation as the necessary conditions are created for the implementation of these types of punishments, but no later than 2001 (this is defined in Article 1, 4 of the Federal Law “On the Enforcement of the Criminal Code of the Russian Federation” // Collection of Legislation of the Russian Federation, 1996, No. 25, Art. 2955). Part one of the Civil Code of the Russian Federation came into force on January 1, 1995, with the exception of provisions for which other terms of entry into force were established. In accordance with Article 8 of the Federal Law “On the entry into force of part one of the Civil Code of the Russian Federation” (Collection of Legislation of the Russian Federation, 1994, No. 32, Art. 3302) until the entry into force of the law on registration legal entities and the law on registration of rights to real estate and transactions with it, the current procedure for registering legal entities and registering real estate and transactions with it is applied.

V). One of the most popular dates in recent times, which are indicated when normative legal acts of the highest bodies of the state enter into legal force, is the moment of publication.

This ensures the efficiency of the newly adopted document. However, as noted in the literature, this method does not provide the population with the opportunity to timely familiarize themselves with new rules of law, and such a practice should hardly be considered acceptable. The entry into force of laws from the moment of their publication is not consistent with the fact that, as a general rule, they enter into legal force after a certain period has passed after their publication. Modern foreign constitutional practice also knows a similar method for laws entering into legal force. Usually, from the moment of publication, only such laws are put into effect that relate to government bodies and do not affect the rights, freedoms, duties and responsibilities of a person. Thus, the Federal Law of September 26, 1997 “On Freedom of Conscience and Religious Associations” was published in the Collection of Legislation of the Russian Federation on September 29, 1997 and came into force from that moment; The Federal Law of July 21, 1997 “On the privatization of state property and the principles of privatization of municipal property in the Russian Federation” was published on July 28, 1997 in the “Collected Legislation of the Russian Federation” and came into force on that day.

G). The following period may also be specified: the normative legal act comes into legal force from the moment of adoption or signing.

This method is usually used to enact regulations that do not have general meaning. At the same time, in domestic legal practice, a similar method of entering into legal force was applied even to laws.

This is not very convenient in relation to regulatory legal acts of the highest bodies of the state, since subjects of law learn the content of legal norms by reading already published documents.

Therefore, the most acceptable moment for these normative legal acts to come into force would be the day of their official publication (Lazarev V.V., Lipen S.V. Theory of State and Law: Textbook for Universities. - 2nd edition, corrected and supplemented - Moscow: Spark, 2000, pp. 303-305).

d). A normative legal act comes into force from the day it is signed by an official. This is how non-normative (individual) acts of the President, orders of the Government, as well as acts of the President and the Government containing information constituting a state secret or information of a confidential nature come into force.

The time between the signing of acts of the President and the Government and their official publication should not exceed ten days.

2. If the date for the act to enter into legal force is not indicated in the document, then it is determined in accordance with the rules established for each type of regulatory legal act.

The general rule here is this: the entry into legal force of normative legal acts that are of the most importance (adopted, first of all, by the highest government bodies) is tied to the moment of their official publication; they enter into legal force either after official publication, or upon the expiration of a certain period after official publication. Other regulatory documents enter into legal force from the moment of adoption or signing.

The procedure applied in such situations is established by the Federal Law of June 14, 1994 “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly” and the Decree of the President of the Russian Federation of May 23, 1996 “On the procedure for publication and entry into force the force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive authorities.”

In accordance with the requirements established by these legal acts, the normative legal act of the Federal Assembly and its chambers comes into force simultaneously throughout the entire territory of the Russian Federation ten days after their official publication.

Acts of the President of the Russian Federation, which are of a normative nature, and acts of the Government of the Russian Federation, affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of federal executive bodies, as well as organizations, come into force simultaneously throughout the entire territory of the Russian Federation after seven days after their first official publication.

Regulatory legal acts of federal executive authorities come into force simultaneously throughout the entire territory of the Russian Federation ten days after their official publication.

3. The procedure for the gradual entry into force (entry into force) of regulatory legal acts.

It's about about acts of no general significance; most often departmental, often having a restrictive stamp and intended for strictly defined addressees. These acts become effective from the moment they are received by the addressee. The different distances of the addressees from the law-making body also determines the different timing (graduality) of the introduction of these acts into force (Theory of State and Law: Textbook / Edited by Babaev V.K. - Moscow: Yurist, 1999, pp. 340-341).

Also, there is no one-time established approach and method regarding the issue of the termination period of a regulatory legal act. Currently, there are the following ways to terminate the validity of regulatory legal acts in time:

This method is the most convenient; it leads to “clearing up” the legislation, since it contains a clear indication of the time of termination of the official document. Such an indication may be contained next to new legal norms, with legal norms on the entry into force of a new legal act; Special legal acts may also be devoted to the abolition of outdated normative legal acts or individual parts thereof. This is, for example, the Decree of the Government of the Russian Federation of December 27, 1994 No. 1428 “On amending and invalidating decisions of the Government of the Russian Federation in connection with the adoption of the Constitution of the Russian Federation,” where 76 acts of the Government or their individual provisions were declared invalid. By Decree of the Government of the Russian Federation of April 5, 1997 No. 343, in connection with the adoption of the Water Code of the Russian Federation, 17 resolutions were declared invalid former Council Ministers of the RSFSR.

2. The actual cancellation of this normative legal act by another normative act adopted on the same issue.

This method is not very convenient, since in many cases there is no complete clarity for the law enforcement officer regarding the validity of a particular document. However, for a variety of reasons, it was in this way that normative acts lost their legal force both in Soviet times and in the 90s. For example, the last article of the Federal Law “On the Status of Military Personnel” of 1998 names two laws of the Russian Federation and two resolutions of the former Supreme Council of the Russian Federation that are no longer in force.

3. expiration of the period for which the regulatory legal act was issued, if this period was established.

4. a change in the situation, the disappearance of social relations, the regulation of which certain legal acts were designed to regulate. Thus, many legal acts of the period of the Great Patriotic War lost their meaning and therefore ceased to be in effect without special repeal. Patriotic War after its completion.

As a general rule, a normative legal act does not extend its effect to facts and legal consequences that occurred before its entry into force. This principle was already known Roman law: “lexadpraeteriamnonvalet” - “the law does not have retroactive effect.” This rule contains certain guarantees for the stability of the rule of law and obstacles to the arbitrary regulation of relations in society. So, for example, it is impossible to introduce a new tax starting tomorrow and force taxpayers to pay it for some period before that moment. Such a prohibition is contained in Article 57 of the Constitution of the Russian Federation: “Laws establishing new taxes or worsening the situation of taxpayers do not have retroactive effect.”

However, exceptions to this rule are possible. In some cases, usually for fair, humane reasons, the retroactive force of a normative legal act (retroactivity of the law) can be used: the extension of the effect of a new normative legal act to those facts and the legal consequences generated by them that arose before it entered into legal force.

A regulatory legal act may have retroactive effect if it is directly indicated by the legislator. Arbitrary retroactive application is unacceptable, while, as a matter of principle, the situation of citizens should not worsen. For example, part one of the Civil Code of the Russian Federation came into force on January 1, 1995, however, Article 11 of the Federal Law of November 30, 1994 “On the entry into force of part one of the Civil Code of the Russian Federation” states that Article 234 of the Code (acquisition prescription) extends and for cases where ownership of property began before January 1, 1995 and continues at the time of entry into force of part one of the Code. The effect of the new Civil Code is thus extended to relations that arose before January 1, 1995.

In accordance with Part 1 of Article 4 of the Civil Code of the Russian Federation, “acts of civil legislation do not have retroactive force and are applied to relations that arose after their entry into force. The effect of the law extends to relations that arose before its entry into force only in cases where this is expressly provided for by law.”

Normative legal acts that mitigate or cancel legal liability for committing an unlawful act also have retroactive force.

“The law establishing or aggravating liability does not have retroactive effect. No one can be held responsible for an act that was not recognized as an offense at the time it was committed. If, after the commission of an offense, liability for it is eliminated or mitigated, a new law is applied” (Article 54 of the Constitution of the Russian Federation).

Based on the degree of completion of the legal consequences that occurred in accordance with the previous normative legal act, a distinction is made between simple and revision retroactive effect. With retroactive revision, the effect of a normative legal act extends to facts for which legal consequences have already occurred, and these legal consequences are revised. So, in connection with the adoption in the 60s. new civil legislation required a revision of contracts for the sale and purchase of a residential building with the condition of lifelong maintenance (Lazarev V.V., Lipen S.V. Theory of State and Law: Textbook for Universities. - 2nd edition, corrected and supplemented - Moscow: Spark, 2000, pp. 305-307).

Retroactive force is the revision force of a norm. This rule involves a review (audit) of rights and obligations already regulated in accordance with previously existing legislation. The norm of retroactive action changes the legal relations that arose earlier, obliges to revise law enforcement acts on the amount of payments, bringing to criminal, administrative liability, recognition of property rights, and so on from an earlier date than the date of entry into force of the norm.

When it comes to payments, retroactive means they are recalculated in the past.

If you do not associate yourself with existing stereotypes of legal thinking and the language of law, then we can say that a norm that eliminates or mitigates liability (criminal, administrative, civil, disciplinary) has the opposite (revision) effect, that is, it requires a revision of already adopted law enforcement acts on the application of sanctions. But if a decision (sentence, order, resolution) has not yet been made regarding the offense, then the new rule applies to such facts immediately.

What should be distinguished from giving a legal norm retroactive effect is the application of a law to legal relations that arose before its publication, but continue to operate after its publication. It should be added here: if a law enforcement act containing a legal assessment of these acts and relationships was not adopted before the new norm came into force.

The retroactive force of a norm means that it can be applied both as an immediate norm and as a retroactive norm. Of course, it also extends to new facts. This means that it organically includes the possibility of revision, immediate and long-term action, and has maximum power of action over time.

Based on existing research, we can distinguish the following interpretations of the ways in which the new norm operates over time:

A). prospective – extending to facts, rights and obligations that arose after the norm came into force, and the new legal relations generated by them;

b). immediate - extending to facts of the past and previously arisen legal relations that change the rights and obligations of their participants from the date of entry into force of the norm, as well as to facts and relations that arose after its entry into force (here the dates of entry into force and the beginning of action perfectly coincide);

V). The opposite applies to facts and legal relations that arose before the norm came into force: from some earlier date or even from any moment of their occurrence, regardless of how much time has passed since that date. The retroactive rule partially or completely revises previously arisen legal relations from an earlier date than the date of its entry into force. An example of a complete audit would be the operation of a law that abolishes criminal liability and removes the criminal record of persons previously convicted of such a crime. An example of a partial audit is Decree of the President of the Russian Federation of January 21, 2003 No. 65, which obligated the Government of the Russian Federation to ensure the recalculation of monthly additional payments to pensions for a number of categories of persons from July 1, 2002.

It must be especially emphasized that the rules of immediate and retroactive action also apply to facts occurring after their entry into force, that is, they also include prospective action. The scope of action of these norms is wider, because they regulate not only new facts and relations (prospective action), but also facts and relations belonging to the past.

When resolving issues related to bringing individuals and individuals to justice, a legal assessment is given to what was done in the past, and a previously committed unlawful act is classified (as a crime, misdemeanor, objectively unlawful act). There are three possible decisions on applying sanctions for offenses committed before the new norm came into force:

1). The act is qualified and the sanction is applied on the basis of the old norm (the prospective effect of a more severe norm and the experience of the old one);

2). Proceedings in a criminal or administrative case are terminated or the act is qualified and a sanction is applied on the basis of a new norm mitigating liability (immediate effect of the new norm, immediate termination of the old norm for previously committed acts, that is, for acts that ended when the old norm was in force). This understanding of the immediate effect of a norm that cancels or mitigates liability does not contradict Article 10 of the Criminal Code of the Russian Federation, Article 1.7 of the Code of Administrative Offenses of the Russian Federation, which establishes the retroactive effect of such norms, since norms with retroactive effect are at the same time norms of immediate effect;

3). A previously adopted act (sentence, resolution, decision on the qualification of an act and the imposition of a sanction for it) is changed, the act is qualified and the sanction is applied on the basis of a new norm mitigating liability, or the act of bringing to responsibility is canceled and the perpetrator is generally released from liability on the basis of a new norm , eliminating liability for the relevant acts. If such a retroactive rule is issued, then at the same time the question is resolved whether the criminal record (the state of punishment) is removed from persons who are exempt from further execution of the sentence.

New regulatory material standards can also be of prospective, immediate, or retroactive effect. For example, the rule on including in the length of service the time required for granting a pension while studying at a university can be extended:

Only for those who are studying or will still study, or for those who previously studied at a university, but do not yet receive a pension (prospective application of the norm);

And for those who are already receiving a pension, in connection with which the pension amount is recalculated (increased) from the date the new norm comes into force (immediate effect of the norm);

And for those who are already receiving a pension with a recalculation (increase) of its amount from an earlier date than its entry into force.

Thus, in the Decree of the President of the Russian Federation of December 17, 2002 “On approval of the list of positions, periods of service (work) in which are included in the length of service civil service for the appointment of long-service pensions for federal civil servants" contains rules of immediate effect. From the date of its official publication (entry into force), the period of service of many categories of persons, including those who did not hold positions in the civil service (who held positions in government institutions, trade union bodies, international organizations).

The reverse audit effect of a legal norm can be minimal (recalculation of pensions for a limited time) or maximum (recalculation of pensions from the date of their assignment). Such maximalism can be considered legal fiction. But anything can happen in life. Of course, when deciding on the issue of choosing one of the variants of the existing temporal, conflict triad when adopting a new law, the legislator takes into account many factors: the interests of citizens, the interests and financial capabilities of the state, the idea of ​​justice, and so on (Bakhrakh D.N. Action of legal norms in time: Theory, legislation, judicial practice. - Moscow: Norma, 2004, pp. 168-172).

The simple retroactive effect of a normative legal act does not imply a revision of completed legal consequences.

When considering the issues of the validity of normative legal acts over time, we should also dwell on the phenomenon opposite to retroactive force - the so-called “survival” of a normative legal act. An old document, canceled by a new one, to some extent continues to be valid even after it loses its legal force. He seems to be “outliving” the time allotted to him. Experience is possible in cases where a certain period of time is required to bring old social relations in accordance with a new regulatory legal act.

A phenomenon similar to the experience of normative legal acts is observed in revolutionary periods of social development. In this case, in general, all “old” legislation adopted at the previous stage of development of society, state and legal system, can be undone with the stroke of a pen. However, to accept huge amount Regulatory legal acts that could effectively regulate various social relations require a lot of time. Therefore, “revolutionaries” and “transformers”, as a rule, have to prolong the validity of the rules of law contained in already repealed legal acts. IN national history Only in the 20th century a similar situation arose twice - in 1917 and in 1991.

Thus, taking into account the retroactive effect (retroactivity) and the experience of action (ultraactivity) of a normative legal act, when studying the effect of legal norms over time, attention should be paid to two circumstances. Firstly, for the duration of the calendar validity of legal norms: they are limited by the moment the normative legal act enters into legal force and the moment it loses legal force. And, secondly, on those facts and relations to which the rules of law extend their effect.

The basic principles of the operation of regulatory legal acts over time are reflected in the most important international documents, in particular, in the acts that make up the Charter of Human Rights.

“No one shall be convicted of a crime on account of any act or omission which, at the time when it was committed, did not constitute a crime under national or international law. Nor can a penalty be imposed that is more severe than that which could have been applied at the time when the crime was committed” (Part 2 of Article 11 of the Universal Declaration of Human Rights of 1948).

"1. No one shall be found guilty of any criminal offense by reason of any act or omission which, under domestic or international law then in force, was not a criminal offense. Likewise, a more severe punishment cannot be imposed than that which was subject to application at the time the criminal offense was committed. If, after the commission of a crime, the law establishes a lighter punishment, the effect of this law extends to the offender.

2. Nothing in this article shall prevent any person from being tried and punished for any act or omission which, at the time when committed, constituted a criminal offense under the general principles of law recognized by the international community” (Article 15 of the International Covenant on Civil and Political Rights 1966).

Action in time is the most significant parameter from the practical point of view of the action of regulatory legal acts. Too quickly (after adoption) the enactment of a large and complex regulatory act can cause difficulties in the work of state bodies, put certain entities at a disadvantage, and lead to difficulties in solving practical issues. Despite the apparent simplicity of the rules for the operation of regulatory legal acts in time (attention should be paid, first of all, at the time of entry into legal force and at the time of loss of legal force, in in some cases retroactive force of a normative legal act is possible, and only sometimes - the experience of its action) in practice, quite confusing situations often arise, the way out of which has to be sought by the highest judicial authorities (Lazarev V.V., Lipen S.V. Theory of State and Law: Textbook for universities. - 2nd edition, corrected and expanded - Moscow: Spark, 2000, pp. 307-310).

Rules of law must operate over time in accordance with the following principles:

The general rule is the immediate effect of legal norms,

A norm that worsens the legal status of citizens and other subjects of law should only have a prospective effect,

A norm that improves the legal status of citizens and other subjects of law has retroactive effect,

Exceptions to these rules, which must be enshrined in law, are possible only in the presence of special conflict of laws rules (Bakhrakh D.N. Effect of a legal norm in time // Soviet state and right. 1991 No. 2. pp. 11-20).

The article by A.M. is devoted to improving the legal regulation of the operation of the law over time. Medvedev. The author talks about the advisability of establishing norms regulating the operation of the law over time, not only in the Constitution, but also in sectoral legislation, just as is the case in the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. Legal norms that directly regulate the operation of the law in time, in the author’s opinion, should be as follows:

1. The legality or illegality of the behavior of citizens, legal entities, public associations and other entities, as well as their responsibility for illegal acts, are determined by the law in force at the time the behavioral act was committed. No one can be held accountable or otherwise limited in their rights and freedoms for an act that was not recognized as illegal at the time of its commission. No one can be held liable twice for the same offense.

2. A law that eliminates the wrongfulness of an act or mitigates responsibility for it, or otherwise improves the legal status of the subject, has retroactive effect, that is, it applies to persons who committed the act before the publication of the new law. A law that has retroactive effect comes into force and is subject to execution from the moment of its adoption.

3. A law establishing the wrongfulness of an act or aggravating liability for it, or otherwise worsening the legal status of a person, does not have retroactive effect. A law that does not have retroactive force comes into force from the moment of official publication and is subject to application after 10 days from the date of its publication, unless another longer period is specified in the law itself.

4. In the event of a conflict or competition of laws that provide for liability of different types and severity for similar acts, a softer, more favorable law for the person is applied (Medvedev A.M. Legal regulation operation of the law in time // State and law. 1995 No. 3. pp. 69-75).

4. 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 of the Labor Code of the Russian Federation).

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 international treaty 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 an integral part of its 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.”

5. Effect of normative 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 are subject to the regulatory legal acts of any state.

There are exceptions to this general rule. We are talking 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 on such territory are subject to the legislation of the country to which embassies, consulates and others belong (Polyakov A.V. General theory of law: Phenomenological-communicative approach. Course of lectures. 2nd edition, supplemented. - St. -Petersburg: Publishing House "Legal Center Press", 2003, pp. 654-655).

Citizens have a general 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).

6. Conclusion:

Summing up the results of the work carried out, we can say with confidence that, at first glance, separate topics are in fact strongly interconnected.

The action of a law in time is inseparable from its action in space and among a circle of persons, since even the very definition of the concept of law notes the dependence of its distribution on the time and place of action, as well as on all persons located in the space of action of the law.

Even all kinds of exceptions in laws, affecting a seemingly completely separate area of ​​law, turn out, upon closer examination, to be so closely related that it is impossible to say with certainty where the effect of the law relates to space, and where it is determined by a circle of persons or clearly by time. Therefore, it is very important for lawyers and legislators to be able to determine these characteristics in order to avoid mistakes that could lead to legal disorder in society and international scandals.

7. References:

1. Radko T.N. Theory of state and law: Textbook for universities - Moscow: UNITY-DANA, Law and Law, 2004.

2. Lazarev V.V., Lipen S.V. Theory of state and law: Textbook for universities. – 2nd edition, corrected and expanded – Moscow: Spark, 2000.

3. Matuzov N.I., Malko A.V. Theory of state and law: Textbook. – Moscow: Yurist, 2001.

4. Morozova L.A. Theory of state and law: Textbook. – Moscow: “Yurist”, 2004.

5. Vengerov A.B. Theory of state and law: a textbook for law schools. – 3rd edition, corrected and expanded; table – Moscow: Omega-L, 2006.

6. Polyakov A.V. General theory of law: Phenomenological-communicative approach. Lecture course. 2nd edition, expanded. – St. Petersburg: Publishing House “Legal Center Press”, 2003.

7. Theory of State and Law: Textbook / Edited by Babaev V.K. – Moscow: Yurist, 1999.

8. Bakhrakh D.N. The effect of legal norms over time: Theory, legislation, judicial practice. – Moscow: Norma, 2004.

9. General theory of law: textbook for law schools / under general edition A.S. Pigolkina. – 2nd edition, corrected and expanded. – Moscow: publishing house of Moscow State Technical University named after N.E. Bauman, 1997.

10. Medvedev A.M. Legal regulation of the law in time // State and law. 1995 No. 3.

11. Alekseev S.S. General theory of law, Moscow, 1982, volume 2.

All acts of a regulatory nature have territorial boundaries of their effect. That is, they function in a certain space, which determines the scale of their application. This point point of view can be justified directly by the provisions of the acts under discussion.

Thus, we have established (see information materials and diagram in Fig. 1.1 in the first paragraph of the work) that laws and regulations are adopted at the federal level. Accordingly, the legal force of the Constitution of our state, federal constitutional laws and federal laws determines their effect throughout the Russian Federation. At the same time, the territory of our country recognizes not only the territories of all its subjects (republics, territories, regions, etc.), but also internal waters, as well as the territorial sea. We especially emphasize the inclusion of the airspace above them 11 See: Articles 15, 67, 76 of the Constitution of the Russian Federation. .

According to the territorial criterion, the scope of action of decrees and orders of the President of Russia, decrees and orders of the Government of the Russian Federation and acts of federal executive authorities (ministries, services and agencies) is similar. They come into force simultaneously and are valid throughout the entire territory of our state 22 See: Decree of the President of the Russian Federation of May 23, 1996 No. 763 “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 regulatory legal acts of federal executive bodies authorities" [ Electronic resource] [ed. dated 10/14/2014] // Access from the legal reference system “Consultant Plus”. URL: http://base.consultant.ru, (date accessed January 29, 2016).. As, for example, the requirements of the Order of the Ministry of Internal Affairs of Russia dated December 23, 2011 N 1298 “On approval of the Instructions on the procedure for the delivery of persons in in public places in a state of alcohol, narcotic or other toxic intoxication and who have lost the ability to move independently or navigate the environment, to medical organizations" 33 Ros. gas. - 2012. - February 29. .

The next territorial level of the boundaries of action of acts of the type under discussion are individual territories of the constituent entities of the Russian Federation (sometimes called regions) and municipalities. In the corresponding individual territories of our country, such acts as constitutions (charters) and laws of the constituent entities of the Russian Federation, acts of the highest officials of these subjects, acts of executive authorities of the constituent entities of the Russian Federation, and municipal acts are in force. An example is Moscow City Law No. 45 of November 21, 2007 “Moscow City Code on Administrative Offences” 11 Bulletin of the Mayor and Government of Moscow. - 2007. - N 69. .

An interesting practice is law enforcement, which is formed due to the fact that in different regions, acts regulate issues in the same area of ​​regulation differently. In particular, S.G. Monyak draws attention to these features when qualifying acts for which liability is provided for by the Code of Administrative Offenses of the Russian Federation (CAO). The author notes that in accordance with this Code, individuals are held accountable for the consumption of narcotic drugs (Article 20.20) and for appearing in a state of intoxication that offends human dignity and public morality (Article 20.21) in public vehicles. However, the Code of Administrative Offenses of the Russian Federation does not indicate what applies to such vehicles. And in numerous acts adopted in various constituent entities of the Russian Federation, the term in question is interpreted very ambiguously. This creates situations where, when performing the same actions, citizens in some regions are brought to administrative responsibility, but not in other regions of Russia. So, S.G. Monyak emphasizes that, for example, in the city of Blagoveshchensk, Amur Region, a person who is in the sidecar of a motorcycle and commits the above actions is subject to administrative liability under Art. 20.20 Code of Administrative Offenses of the Russian Federation. And in the city of Taganrog, Rostov region, “such an act cannot be recognized as an administrative offense..., since there vehicles general use - trams, trolleybuses, buses...having more than eight seats, not counting the driver, and intended for the transportation of passengers under the terms of a contract of carriage..." 11 See: Monyak S.G. Some problems of qualification of administrative offenses provided for in Articles 20.20 and 20.21 of the Code of Administrative Offenses of the Russian Federation // Administrative and legal regulation of law enforcement activities: theory and practice: materials of the II All-Russian. Scientific-practical Conf., May 17, 2013: in 2 volumes / - Krasnodar: Krasnodar. University of the Ministry of Internal Affairs of Russia, 2013, vol. 1. P. 45-50..

When determining the boundaries of the action of acts of the type under discussion in space, acts are also distinguished that are characterized by extraterritoriality of action - that is, the spread of legal acts of law-making subjects beyond the territory of their jurisdiction 22 See: Current problems of the theory of state and law. P. 271..

One example of extraterritoriality is the operation of certain provisions of criminal legislation in space. It is established by the Criminal Code (CC) of the Russian Federation along with the general rule of territoriality (when all those who have committed crimes on the territory of the country are subject to criminal liability in accordance with this Code). At the same time, Article 11 of the Criminal Code of the Russian Federation includes a rule stating that persons who committed a crime on any ship registered to a port of the Russian Federation located outside the borders of our state are subject to criminal liability in accordance with the Criminal Code of the Russian Federation. This rule applies unless otherwise provided by an international treaty of Russia and if the above-mentioned vessel is located in open water or air space. Moreover, in accordance with the Criminal Code of the Russian Federation, persons who committed crimes on a military ship or military aircraft of the Russian Federation are also liable, regardless of their location. Military personnel of Russian military units stationed outside our state also bear criminal liability under the Criminal Code of the Russian Federation for crimes committed on the territory of a foreign state, unless otherwise provided by an international treaty of the Russian Federation 33 See: Criminal Law of Russia. Parts General and Special: Textbook (2nd edition, revised and expanded) / Ed. A.V. Brilliantova. - M: Prospekt, 2015. pp. 36-38..

As already noted, difficulties also arise when determining the boundaries of the action of acts in space, when a criminal act was committed on the territory of one state, and the consequences were found on the territory of another. According to A.N. Ignatov, taking into account the fact that the corpus delicti as a basis for liability will be completed only after the consequences occur, preference should be given to the operation of the laws of the place where such harmful consequences occur. In these situations, the effect of the act (Criminal Code of the Russian Federation) in space will be determined by the fact that crimes are considered committed on the territory of the Russian Federation not only in cases where they are carried out in this territory in full. But also in cases where the preparation or attempt was carried out on the territory of foreign states, and they were completed (the objective side of the formal corpus delicti was fully fulfilled or socially dangerous consequences occurred due to the material composition of the crimes) on the territory of our country.

That is, if we return to the question discussed in the previous paragraph, we can answer that the criminal law of the Russian Federation should apply to the perpetrators (regardless of their citizenship) who produced counterfeit Russian rubles abroad and sold them in Russia. in case of their detention on the territory of Russia 11 See: Ignatov A.N. Decree op. pp. 124-126; Criminal law of Russia. pp. 36-38...

Thus, the materials in this paragraph confirm the well-reasoned conclusions of scientists who claim: “According to the territorial criterion, all regulatory 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 territory of the country" 22 Theory of state and law: Textbook / Under. ed. M.N. Marchenko. - M.: Publishing house. "Mirror", 2013. P. 543. .