Probably, many people in their lives had to face a situation where there are two or even more normative acts regulating it on the same issue. And all right, if these acts complemented each other, so there is no - more often they simply contradict each other, not giving the ordinary citizen a clear picture of how he should be guided in this or that legal relationship.
The application of normative acts is a complex and simple matter. There are several simple rules that should be followed in case of contradiction of one act to another when they regulate the same issue.
As a rule, the existence of simultaneously two or more legal acts on the same issue in the general case can be grouped as follows:
- Normative acts were issued by different bodies at one time
- Normative acts were issued at different times by the same body
- Normative acts were issued at different times by different bodies
Normative acts issued by different bodies at one time
The publication of normative acts is always conditioned by the competence to which the relevant body is vested. Due to the unequal competence of bodies that accept a large number of normative acts, the latter have therefore a different legal status, or, as lawyers say, different legal force. It is by legal force that one normative act differs from the other in the process of its application.
When two or more normative acts are issued on different issues by different competent authorities at the same time, this may mean the following:
- Normative acts were issued by bodies with different competences
- Normative acts were issued at the level of federal and regional authorities
In case of issuing normative acts by bodies with different competencies, the act that is of great legal force is subject to application. In the hierarchy of normative acts, laws have the greatest legal force. And among the laws the Constitution has the greatest legal force. I already wrote about the hierarchy of normative acts in the Russian Federation in one of the articles. Here I will only add that in addition to the vertical division of normative acts (according to the criterion of legal force), there is also a horizontal (by the criterion of localization, that is, an act of regional or federal significance).
In case of issuing normative acts at the level of federal and regional authorities, the act subject to the introduction of which is the sphere of interests that is regulated by these acts is subject to application.
The application of normative acts in this matter has three levels.
- Areas of interest that are administered by the Russian Federation.
- Areas of interests that are jointly owned by the Russian Federation and the subject of the Federation.
- Spheres of interests, which are under the jurisdiction of the subject of the Federation.
Areas of interest that are administered by the Russian Federation are specified in art. 71 of the RF Constitution. These are the most important spheres of public and political life of the state, for example, such as the structure of the state, defense and security, foreign policy and international relations, criminal and penal enforcement legislation,
Areas of interests that are in joint jurisdiction are specified in Article 72 of the Constitution of the Russian Federation. These are areas of activity that require regulation from both the "center" and "places" (at the subject level) for their adequate regulation.
In the joint jurisdiction of the Russian Federation and the subjects are such areas as, for example, the protection of human and civil rights and freedoms, the protection of the rights of national minorities, the use of nature; Environmental protection and ensuring environmental security, administrative, administrative procedural, family, housing, land, water, forest legislation, etc.
In joint management, priority is usually given to a federal normative act, which is, as it were, a "framework" for a regional act that has the right to regulate relations without getting out of this framework. This is indicated in Art. 76 of the Constitution of the Russian Federation, which establishes that federal laws and laws adopted in accordance with them and other normative legal acts of the subjects of the Russian Federation are issued on subjects of joint jurisdiction. At the same time, laws and other normative legal acts of the subjects of the Federation can not contradict federal laws adopted in the subjects of the Russian Federation, as well as in subjects of joint jurisdiction.
In this regard, if there are contradictions in the two normative acts (federal and regional significance), under the above circumstances, a federal statutory act is subject to application.
Beyond the limits of the jurisdiction of the Russian Federation and the powers of the Russian Federation in the subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the subjects of the Russian Federation possess all the fullness of state power.
Normative acts are issued at different times by the same body
When adopting regulations at different times by the same body, the same rule applies to the same issue: the normative act that was adopted later is applicable. This sometimes happens when, when issuing a new act, they forgot to cancel the previous one.
Normative acts are issued at different times by different bodies
This situation is a variation of the first option (acts issued by different authorities at one time). In this connection, the rules for the application of normative acts are the same as in the first version. However, in case of adoption of normative acts by bodies of equal competence, the normative act that is adopted later, as in the rule of the second variant, is subject to application.
These are the basic recommendations that should be followed when making a decision based on a legal act. The application of normative acts, as you can see, is a simple matter, the main thing is to understand ...