In order for the norms of the law to be embodied inreality, legal science has developed a special kind of legal norms - by-laws. These are specialized documents designed to ensure the implementation of already adopted legislation. As a rule, such acts are developed and applied by the highest state bodies within the framework of the competence granted to them by the supreme law of the country (the Constitution).
Types of regulations
The constitution of the state gives the right of publicationregulatory acts of all the highest bodies of state power. Based on this, the first classification establishes the following types of by-laws:
1. acts of parliament - traditionally they include resolutions issued by the highest legislative body of the state, for example, the decision on the establishment of a parliamentary commission;
2Government acts are the most numerous. This is due to the fact that the government, based on its constitutional purpose, is obliged to put into practice the laws of the country. The government has the right to issue decrees and orders, for example, an order on the financing of the execution of a law;
3. Acts of the president (head of state) - are for the most part represented by decrees. The most common type of decrees is aimed at promulgating a law passed by parliament.
four.acts of ministries - by-laws, characterized by a strictly defined orientation. Distinguish between orders, regulations, statutes, instructions, which together are aimed at a clear step by step execution of the law governing the activities of the ministry.
Another qualifying sign of the bylaws is their territorial action. So, distinguish:
1. nationwide bylaws are acts of the government and the president, which are binding on the entire country;
2. sub-legal normative acts of local governments - their action extends strictly within the territory of an administrative unit.
The third qualifying sign isits action in time is so distinguished: indefinite (established 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 - they act in relation to all citizens and persons residing in the territory of the country;
2. directed to a specific territorial area;
3. group - regulate the scope of activities of a strictly defined group of persons.
Functions and features of secondary legislation
Being part of the regulatory legal actssecondary legislation has its own clearly 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 the execution of which the act was issued, the body of the act, the validity period of the act. In addition, the main characteristic of the bylaw is that it should not contradict the law, in the execution of which it is created, and the Constitution.
As you know, laws are speciallegal acts designed to regulate a certain kind of relationship. The law provides guidance on how to act in a strictly defined life situation. By contrast, bylaws have broader functions. So, allocate acts that:
1. ensure the entry into force of the law. Such acts include decrees of the head of state on the promulgation of the law;
2. ensure the implementation of the law in the country. This function is more characteristic of government decrees and ministries;
3. detail the execution of the law on the territory of a certain part of the state or for a certain category of persons.
Исходя из всего вышесказанного, можно сказать, that by-laws are special legal acts issued by two branches of state power for the implementation of legislation in the activities of the country's subjects.
