нормативный правовой акт

Imbalance of the Law as a Factor of Counteraction to Its Implementation

Introduction. The article analyzes a particular manifestation of a defective state of legal matter that occurs in the content of acts of the highest legal force, leading to imbalance of the law and imbalance of legal regulation. The main task is to show the consequences of an unbalanced law, which are expressed in situations of counteraction to its implementation, and difficulties in achieving legally significant goals by various subjects of relations. Theoretical analysis. To solve this problem, the author has studied special literature on the issue of balance and imbalance of the legal sphere; on establishing opportunities to use categories that reflect the processes in larger legal entities; determining the grounds and reasons for the imbalance of the law, leading to the emergence of dual and incomprehensible practice of implementing the law, unequal reflection of rights and obligations, as well as the interests of contractors, and so on. A number of laws that are defective in their content, but do not give grounds for initiating procedures for declaring them invalid, unconstitutional, and so on, are subjected to empirical analysis. They only form conditions for opposing their implementation, as well as judicial practice for applying unbalanced laws. Results. The author comes to the conclusion that there are no grounds for inadmissibility of analyzing a normative legal act as unbalanced. The reasons for the imbalance of the law may be significant errors in the formulation of the content, violation of the principle of unity of rights and obligations, inconsistency of the legal status of the addressees of the law, discretion and limits of powers, powers and responsibilities.

The System of Russian Legislation: a Three-level Vertical Subordination

Introduction. The article is devoted to the study of structure of system of the modern Russian legislation, which reflected the principles of organization and activity of public authority in Russia, including the principle of federalism, the analysis of the actual structure of the legal system. Purpose. The main objective of this manuscript is to design the structure of the modern Russian legislation on the basis of theoretical ideas about it, and also taking into account the principles of the organization of public power. Results. On the basis of available scientific research questions and issues of the chosen topic the analysis of horizontal and vertical structure of the system of Russian legislation, as well as criteria for the allocation of levels and sections of the system of sources of the applicable law. It studies the system of sources of law on the level of subjects of the Russian Federation and municipal entities, as well as the legal position of the constitutional Court of the Russian Federation on the implementation of public authority in Russia. Conclusion. According to the results of the study the conclusion is drawn on that the vertical structure of the system of Russian legislation, the public authority and legal force of legal acts, which allows to identify its two cutoff: externally-frame and internally-rank.