Legal expertise of normative legal acts: concept, subjects and types. Methodology of legal expertise of normative legal acts

Legal expertise of regulatory legal acts or, as it is also called, legal serves to verify documents for compliance with current legislation in any area. It is used in those difficult situations, when there is a need to establish the legitimacy of documents: charters, orders, contracts, etc.

Let us examine in more detail what is the legal expertise of normative legal acts (concept, subjects), how it is conducted and some other related issues.

general information

When the procedure is appointed, the expert prepares the questions necessary for the disclosure of the specifics and content of the document under study. Next, a list of other documents is formed that will help clarify the situation. They can be various acts, applications, powers of attorney, etc. In general, expertise can have different directions:

• Determination of the fact of a violation in the document of the legislative act;
• The analysis of any points, for example, regarding the procedure for settlements, responsibility, rights and obligations of the parties to the contract, etc .;
• Decoding and more detailed consideration of the provisions of the contract or contract.

What is the purpose of the examination

The documents submitted for examination are checked for compliance with the acts of the law. Legislation can be violated by negligence, because of incompetence or deliberately. Both federal and regional or municipal acts are examined to ensure that they do not encounter contradictions. The analysis may also be subject to decisions and orders of heads of organizations, so that the rights and freedoms of employees who must execute them are fully observed.

Legal expertise of regulatory legal acts establishes their compliance:

• Federal laws;
• Codes of the Russian Federation (administrative, civil, criminal);
• Norms and rules, which are approved by the bodies that control the relevant areas;
• Regional and municipal acts;
• Other legislative acts.

The procedure may be prescribed, for example, during a trial for the performance of contractual obligations, if one participant believes that the provisions of the contract are illegal. At the same time, legal expertise of normative legal acts can be initiated by one or several employees of the organization. The reasons may be doubts about the compliance of these documents with the provisions of the current legislation or constitutional rights.

The procedure for conducting legal expertise of normative legal acts is preventive in cases of verification of contracts before the conclusion of an important transaction. This makes it possible in the future to avoid litigation over certain clauses of treaties and provisions signed by the parties. Verification also establishes the correspondence of the points of the transaction to the foundations of law and order and morality.

What else can the examination clarify?

Often described expertise clarifies some clauses of contracts or reveals the legal meaning and possible consequences of a step that is prescribed in them or appearing after signing. Uninitiated in matters of jurisprudence, citizens can simply not notice the pitfalls that are implied by one or another point.

Legal concepts may have a similar sound, but to be different in meaning. Such interpretations can occur in a variety of highly specialized fields, and jurisprudence is not an exception in this sense. Therefore, a person who does not have special knowledge can make an erroneous withdrawal from the contract, different from the one that the author has invested in him. In addition, unprofitable conditions are usually masked by lawyers so that the amateur simply does not notice them. Thus, in some cases, the legal expertise of regulatory legal acts is a prerequisite.

When expertise is needed

In any situation where documents are drawn up, an examination can be assigned. Contracts, orders, regulations, etc. - all this can be investigated by experts. So, if the compilers or those who are supposed to comply with the provisions have doubts about whether they are in compliance with the current legislation, it is better to entrust the verification of the document to these experts.

Specific cases for appointment of examination

But there are also situations where the procedure is most often appointed:

1. Thus, during a legal proceeding, it may be necessary to conduct a legal examination of normative legal acts on the implementation of obligations under the clauses of the treaty.
2. Also, it may be required in case there is a serious transaction on the property. Then, due to the expert, the risk of losing funds when buying is significantly reduced. At the same time, a lawyer can give advice on how best to proceed in accordance with the housing law, and also to analyze the purity of the transaction.
3. Modern couples are increasingly choosing to sign a marriage contract. Then the help of a specialist is to check it for compliance with the law. If necessary, recommendations are given for changing or adding some items.
4. Legal expertise of normative legal acts, examples of which we consider in the article, is also necessary in cases when a large amount of money is taken out on credit (be it a mortgage, funds for carrying out entrepreneurial activity, etc.). In this case, it is investigated as an economic component, which includes the legality of calculating interest and performance of other items of the contract, as well as observance of rights under various special conditions (force majeure, early repayment, bankruptcy, etc.).
5. Legal expertise of draft normative and legal acts may also be necessary when including in the contract additional documents that regulate various subtleties of the parties' relations and clarify responsibilities in the occurrence of special cases.

Sometimes a check is appointed to establish the fact that the actions of a legal entity correspond to those that are fixed by its constituent documents.

Documents for examination

Since the procedure is carried out on the provided securities, they must be transferred in a form convenient for research - on electronic media, sent to E-mail, in the form of copies, photocopies or original documents. The subject of the exercise must also be clearly identified, together with the entire list of questions to be answered. In this case, the methodology for conducting legal expertise of normative legal acts will be as high as possible for the applicant's request.

Procedure

The described procedure is conducted by a highly specialized specialist who has all the necessary knowledge and competence in the relevant field. In the subject of the research, the expert should be fully oriented, know all the latest changes in normative documents, have access to the necessary databases in order to correctly implement their activities.

The method of legal expertise of normative legal acts consists of several stages:

1. The main tasks are set.
2. An analysis is made on the correctness of the document.
3. The compliance with its current legislation is analyzed.
4. The inquiry of the customer is investigated.
5. The expert's conclusion is drawn up.

Legal basis

Let's consider what requirements of legal examination of normative legal acts should be fulfilled. The procedure can be carried out by individual specialists and non-governmental organizations, which have accumulated relevant knowledge and competencies in a particular field. This is recorded in Article 41 of Federal Law No. 73 of May 31, 2001, where the expert activity on the territory of Russia is generally regulated.

The Civil Code determines the compliance of the transaction with the law. So, in the art. 168 states that a transaction that does not comply with the requirements of the law is recognized as invalid. And Art. 169 determines its illegality in cases if it contradicts the legal foundations and principles of morality.

Questions for specialists

The expert can only request information regarding his competence. Let's consider an exemplary list. Of course, it is not complete and is of a general nature, but it can help to form a sample of legal expertise of the normative legal act that the client wants to receive as a result. These are the questions:

1. Is the document correct?
2. Is it complied with the requirements of law and order and morality?
3. Is there a risk of declaring it invalid, and if so, what is it?
4. Is there a violation of the rights and freedoms of counterparties in the document?
5. Are there any mistakes in it? What kind?
6. What other documents are required so that subjects of legal expertise of normative acts are taken into account?
7. What items need to be changed?
8. What other items to add?
9. What is the legal significance of a particular item?
10. What are the duties of the party, based on the legal meaning of a particular item?
11. Do you need details to study part of the document?
12. Does the item have a hidden meaning and interpretation?
13. How best to reformulate the paragraph in order to avoid ambiguity in the interpretation?
14. Are there errors and inaccuracies in the paragraph?
15. Can the person who signed the document do this?
16. Does it have provisions that worsen the position of one party in relation to the other?
17. Can the document, if signed, lead to additional costs for the client?

After answering these questions, the conclusion of the legal expertise of the normative legal act will become more complete and clear. However, for an exhaustive understanding it is necessary to specify the questions in each case. Then the evaluation of the expert will help you make the only correct decision.

Expert opinion

After the legal expertise of regulatory legal acts is completed, an expert's report is drawn up. The following information should be reflected in it:

1. The requisites of the act, which was subject to legal examination, indicating all the changes and additions, if any.
2. The reason for the study. For example, a new law was adopted at the federal, regional or municipal level, or there are doubts about the fact that there is a contradiction in the document, an erroneous position, etc.
3. The subject of regulation and its conformity with the indication of the relevant articles.
4. The state of regulation in the sphere in question.
5. Assessment of competence.
6. Correspondence of the content of the act of the Constitution of the Russian Federation
7. Consistency with all the rules of legal technology.

Conclusion

In the article we examined what is the legal expertise of normative acts, the concept and types of this process. It turns out that this mechanism protects counterparties, for example, when concluding an expensive and long-term contract from unfavorable conditions for them. In general, legal expertise of normative and legal acts is a measure aimed at ensuring compliance of the research documents with all legislative acts in order to protect the rights and interests of citizens.