By-laws are forms of implementation of the norms of the law

In order for the norms of the law to be translated into reality, the legal science has developed a special kind of normative and legal norms - by-laws. These are specialized documents designed to enforce the already adopted legislative norms. As a rule, such acts are developed and applied by the highest state bodies within the competence that was given to them by the highest law of the country (the Constitution).

Kinds of by-laws

The Constitution of the State gives all higher bodies of state power the right to issue normative and legal acts. Based on this, the first classification establishes the following types of by-laws:

1. Acts of Parliament - they traditionally include decisions issued by the highest legislative body of the state, for example, a decree on the establishment of a parliamentary commission;

2. Government acts are the most numerous species. This situation is connected with the fact that the government, based on its constitutional purpose, is obliged to introduce the laws of the country into practice. The government has the right to issue resolutions and orders, for example, an order to finance the implementation of a law;

3. Acts of the President (Head of State) - are presented in the bulk of the decrees. The most common form of decrees is aimed at promulgating the law passed by the parliament.

4. Acts of ministries - by-laws, characterized by a strictly defined orientation. There are orders, regulations, statutes, instructions, which in their entirety are aimed at a clear step-by-step execution of the law regulating the activities of the ministry.

Another qualifying sign of by-laws is their territorial effect. So, distinguish:

1. State-level by-laws are acts of the government and the president, whose effect is mandatory throughout the country;

2. by-laws of local self-government bodies - their effect is strictly within the territory of the administrative unit.

The third qualifying feature is its effect in time, so distinguish: perpetual (fixed for an indefinite period) and urgent (expire with the onset of the moment specified in the act itself). The last important qualifying sign is the group of persons for whom the act is intended:

1. nationwide - are effective against all citizens and persons living in the territory of the country;

2. directed to a certain territorial area;

3. group - regulate the scope of a strictly defined group of persons.

Functions and features of by-laws

Being part of normative legal acts, by-laws have their own well-defined structure. Their content must include the following characteristics: the name of the government body that issued the act, the name of the law, in accordance with which the act was issued, the body of the act, the validity of the act. In addition, the main characteristic of the by-law is that it should not contradict the law, in fulfillment of which it is created, and the Constitution.

As is known, laws represent special regulatory legal acts designed to regulate a certain type of relationship. The law provides guidance on how to act in a strictly defined life situation. In contrast, subordinate acts have broader functions. So, the following acts are singled out:

1. ensure the entry into force of the law. Such acts include the decrees of the head of state on the promulgation of the law;

2. ensure the implementation of the law on the territory of the country. This function is more typical for government and ministry decisions;

3. detail the implementation of the law in the territory of a certain part of the state or for a certain category of persons.

Proceeding from the foregoing, it can be said that by-laws are special regulatory acts issued by two branches of state power for the implementation of legislative norms in the activities of the subjects of the country.