NORMATIVE LEGAL DOCUMENT AS A TYPE OF LEGAL ACT
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 33)Publication Date: 2020-11-30
Authors : Sydorenko Olga; Syabrenko Victoria; Tatarinova Anastasia;
Page : 93-99
Keywords : legal act; normative legal document; legal force; constitution; law; rule-making; preamble; validity;
Abstract
In the publication within the general doctrine of legal acts an attempt was made to consider a normative legal act as one of the types of legal acts. The concepts of «act», «legal act» and «normative-legal act» are generally characterized, their special features that determine the relevance of the topic are determined. Attention is paid to identifying differences between key phenomena (the main differences between a legal act and, for example, individual acts are the general nature of legal acts, their ability to establish, change, cancel certain rights or responsibilities). Aspects of the formation of the functions of these concepts in the relevant legal systems have been studied (normative legal acts are characteristic for the states of the «Romano-Germanic» legal family). The necessity of understanding that normative legal acts are both a way of existence and a form of expression of legal norms is also determined. The general structure and a clear procedure for the creation of regulations in accordance with the stages of rule-making and the specifics of legal acts. The next important step is the implementation, ie the entry into force of regulations among members of society. The main types of actions of normative acts in the legal system of Ukraine are considered. Emphasis is placed on the importance of the legal force of certain legal acts, which is important in the formation of a hierarchical position of a legal act among other legal acts (however, the formation of any legal act should be based on the Constitution of Ukraine, which has the highest legal force). The social importance of normative legal acts, which help to solve the most important issues of public life, is noted. Attention is paid to the existence of various legal acts — bylaws and laws -, the existence of which is due to the diversity of public relations and the delimitation of functions of state bodies (there is an opinion about the formal nature of mandatory regulations, because they are the result of public authorities). Their main features are succinctly stated. The paper concludes that the normative legal act, as one of the most common types of legal acts, has its own special features, functions and structure. It also plays an important role in the legal system of Ukraine.
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