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State registration of departmental regulations. State registration of normative legal acts Registration of acts with the Ministry of Justice

Divorce
01.12.2020

According to the Federal Law of June 14, 1994 N 5-FZ "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of chambers Federal Assembly"

Article 3. Federal constitutional laws, federal laws are subject to official publication within seven days after the day they are signed by the President Russian Federation.

Article 4. The official publication of the federal constitutional law, federal law, an act of the chamber of the Federal Assembly is considered the first publication of its full text in the "Parlamentskaya Gazeta", "Rossiyskaya Gazeta", "Collected Legislation of the Russian Federation" or the first placement (publication) on the "Official Internet Portal legal information"(www.pravo.gov.ru).

In accordance with clause 10 of the Decree of the President of the Russian Federation of 23.05.96 N 763 "On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal bodies executive power"

clause 9. Regulatory legal acts federal executive bodies, within 10 days after the day of their state registration, are subject to official publication in the "Rossiyskaya Gazeta" or the Bulletin of Normative Acts of Federal Executive Bodies, published weekly government agency- by the publishing house "Legal Literature" of the Administration of the President of the Russian Federation, and placement (publication) on the "Official Internet portal of legal information" (www.pravo.gov.ru).

The official publication of normative legal acts of federal executive bodies is either the first publication of their full texts in Rossiyskaya Gazeta or the Bulletin of Normative Acts of Federal Executive Bodies, or the first placement (publication) on the Official Internet Portal of Legal Information (www.pravo. gov.ru).



Also official are the texts of normative legal acts of federal executive bodies, contained in the Bulletin of normative acts of federal executive bodies, distributed in in electronic format Federal State Unitary Enterprise "Scientific and Technical Center for Legal Information" System "of the Federal Security Service of the Russian Federation and bodies state protection, as well as posted on the Internet portal "Rossiyskaya Gazeta" (www.rg.ru), the functioning of which is provided by the federal state state-financed organization"The editorial board of the" Russian newspaper ".

10. Normative legal acts of federal executive bodies, except for acts and their individual provisions containing information constituting state secret, or information of a confidential nature that has not passed state registration, as well as registered but not published in established order do not entail legal implications, as not entered into force, and cannot serve as a basis for the regulation of the relevant legal relations, the application of sanctions to citizens, officials and organizations for failure to comply with the instructions contained therein. These acts cannot be referred to when resolving disputes.

Normative legal acts affecting the rights, freedoms and duties of a person and a citizen, establishing legal status organizations or those of an interdepartmental nature are subject to official publication in the prescribed manner, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature.

19. Federal bodies the executive branch shall send for execution the normative legal acts subject to state registration only after their registration and official publication.

In case of violation specified requirements normative legal acts, as they have not entered into force, cannot be applied.

These plans, as well as information on the introduction of amendments to them, shall be posted on the official websites of federal executive bodies in the information and telecommunications network "Internet".

Normative legal acts are subject to State registration with the Ministry of Justice.

According to the Decree of the Government of the Russian Federation of August 13, 1997 N 1009 "On Approval of the Rules for the Preparation of Normative Legal Acts of Federal Executive Bodies and Their State Registration" (The text of the resolution was published in Rossiyskaya Gazeta dated August 21, 1997 N 161, in Of the Russian Federation of August 18, 1997 N 33, Art. 3895)

10. State registration is subject to regulatory legal acts affecting the rights, freedoms and obligations of a person and citizen, establishing the legal status of organizations that have an interdepartmental nature, regardless of their validity period, including acts containing information constituting a state secret or information of a confidential nature ...

11. State registration regulatory legal acts are carried out by the Ministry of Justice of the Russian Federation, which conducts State Register regulatory legal acts of federal executive bodies.

State registration of a regulatory legal act includes:

¾ legal expertise compliance of this act with the legislation of the Russian Federation;

¾ anti-corruption expertise of this act;

¾ making a decision on the need for state registration of this act;

¾ assignment of a registration number;

¾ entry into the State Register of normative legal acts of federal executive bodies.

According to the Order of the Ministry of Justice of the Russian Federation of May 4, 2007 N 88 "On Approval of the Clarifications on the Application of the Rules for the Preparation of Normative Legal Acts of Federal Executive Bodies and Their State Registration" (Registered in the Ministry of Justice of the Russian Federation on May 14, 2007 Registration N 9449) State registration with the Ministry of Justice.

"A normative legal act is a written official document adopted (issued) in a certain form by a law-making body within its competence and aimed at establishing, changing or canceling legal regulations... In turn, it is customary to understand a legal norm as a generally binding state order of a permanent or temporary nature, designed for repeated use. "

Order of the Ministry of Labor and social protection Of the Russian Federation of April 10, 2013 N 143n, Moscow "On the procedure for the publication and entry into force of orders of the Ministry of Labor and Social Protection of the Russian Federation, recognized by the Ministry of Justice of the Russian Federation as not requiring state registration" (Registered with the Ministry of Justice of the Russian Federation on May 31, 2013 . Registration N 28615)

orders of the Ministry of Labor and Social Protection of the Russian Federation, recognized by the Ministry of Justice of the Russian Federation as not requiring state registration (hereinafter - orders):

a) are subject to publication in the Bulletin of Labor and Social Legislation of the Russian Federation magazine with simultaneous posting on the official website of the Ministry of Labor and Social Protection of the Russian Federation in the Internet information and telecommunication network (www.rosmintrud.ru);

b) enter into force from the moment they are recognized by the Ministry of Justice of the Russian Federation as not requiring state registration, unless the orders of the Ministry of Labor and Social Protection of the Russian Federation establish a different procedure for their entry into force.

The following are subject to state registration:

  • a) regulatory legal acts adopted by public authorities... Such acts include decrees, orders, orders, rules, instructions and regulations adopted by federal ministries, as well as federal services and federal agencies vested with powers in the field of regulatory by law, and in cases specially provided for by it, by decrees of the President of the Russian Federation or by decrees of the Government of the Russian Federation;
  • b) regulatory legal acts establishing the legal status of a public organization, subordinate to the executive authority ( statutory acts). Such acts are adopted in the form of provisions establishing the rights and obligations of a public organization, its structure, approved by a decree or order of the relevant executive authority. Statutory acts establish the content of the powers exercised by the body as a whole, or structural divisions its central office (departments and divisions - in ministries, departments and departments of federal agencies), a territorial body federal service, and public organization(institution) subordinate to a federal ministry or federal agency (unitary enterprise, medical and educational institution);
  • v) regulatory legal acts containing prescriptions addressed to public authority, not included in the system of the ministry or department that issued such an act (the so-called interagency acts).

These regulatory legal acts are adopted not only by the executive authorities, but other public federal bodies: Bank of Russia, The Accounts Chamber RF, bodies created under the ministry, department, as well as state extrabudgetary funds- Pension Fund, FSS, MHIF. In particular, the Bank of Russia sets mandatory performance standards credit institutions in the form of normative legal acts - instructions, provisions or instructions. Their state registration is provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". Thus, unlike federal executive bodies, the Bank of Russia has the right to establish generally binding requirements for credit institutions in the form of instructions.

State registration of normative legal acts of public federal bodies is carried out by the Ministry of Justice only in cases specifically provided by law RF;

G) agreements on the implementation of international and foreign economic relations of the constituent entities of the Russian Federation, prisoners by bodies state power subjects of the Russian Federation.

A special type of statutory act subject to state registration includes statutes municipalities.

The procedure for state registration of normative legal acts is established by decrees of the Government of the Russian Federation, orders of the Ministry of Justice, adopted in cases provided for by decrees of the Government of the Russian Federation. The procedure for state registration of the charters of municipalities is determined by federal law.

  • Further also - normative acts.
  • In some cases territorial bodies are created in systems federal agencies and federal ministries.
  • The legal criteria for the adoption of a normative legal act in the form of an instruction, regulation or instruction are established by the Regulation on the Procedure for the Preparation and Entry into Force of Bank of Russia Regulatory Acts, approved by Bank of Russia Order No. 02-395 of September 15, 1997.
  • See: Federal Law of July 21, 2005 No. 97-FZ "On State Registration of Charters of Municipal Formations"; Rules for the preparation of normative legal acts of federal executive bodies and their state registration, approved by decree Government of the Russian Federation of August 13, 1997 No. 1009.

State registration is subject to normative legal acts affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations that have an interdepartmental nature, regardless of their validity period, including acts containing information constituting a state secret or information of a confidential nature.

State registration of acts is carried out by the Ministry of Justice of the Russian Federation, which maintains the State Register of Normative Legal Acts of Federal Executive Bodies.

State registration of a normative act includes Yu.N. Starilov. Administrative law Russia in the context of modern the rule of law... // Law and Politics 2013. - No. 2. - p. 22-37:

  • · Legal examination of the compliance of this act with the legislation of the Russian Federation;
  • · Making a decision on the need for state registration of this act;
  • · Assignment of a registration number;
  • · Entry into the state register of normative legal acts of federal executive bodies.

Regulatory acts subject to state registration, no later than 10 days from the date of their signing (approval), are submitted in 6 copies (one original and five copies, one of which must be on a magnetic medium) to the Federal Registration Service.

State registration of normative acts is carried out within 15 days from the date of receipt of the act. If necessary, the registration period can be extended, but for no more than 10 days, and in exceptional cases - up to one month. Normative acts, the state registration of which is denied, are returned by the Ministry of Justice of Russia to the body that issued them with an indication of the reasons for the refusal.

Within 24 hours after registration, the original of the normative act with the assigned registration number is sent to the federal body that submitted the act for state registration.

Normative legal acts affecting the rights, freedoms and duties of a person and citizen, establishing the legal status of organizations or having an interdepartmental character, are subject to official publication in the prescribed manner, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature.

Decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation are published in the "Collection of Legislation of the Russian Federation", as well as in the "Rossiyskaya Gazeta". The term for publication of acts of the President of the Russian Federation is within 10 days after their signing. In accordance with the Federal Constitutional Law of December 17, 1997 "On the Government of the Russian Federation" Federal Constitutional Law of December 17, 1997 N 2-FKZ (as amended on December 14, 2015) "On the Government of the Russian Federation" // Consultant Plus. Information and legal portal. [Electronic resource] http://www.consultant.ru/document/cons_doc_LAW_17107/ Government decrees are subject to official publication no later than 15 days from the date of their adoption.

The publication of acts of the President of the Russian Federation and the Government of the Russian Federation in the indicated editions is an official publication. Acts that have not passed state registration, as well as registered but not published in the prescribed manner, do not entail legal consequences, as they have not entered into force, and cannot serve as a legal basis for regulating the relevant legal relations, applying sanctions to citizens, officials and organizations for failure to comply with the instructions contained therein. These acts cannot be referred to when resolving disputes. Normative acts of ministries are also published in the Bulletin of Normative Acts of Federal Executive Bodies. Acts of the executive authorities of the republics and other subjects of the Federation are published in the relevant publications of these subjects, for example, in the "Bulletin of the Administration of St. Petersburg".

What is the effect of acts of management? Acts of the President of the Russian Federation, which are of a regulatory nature, enter into force throughout the territory of Russia simultaneously seven days after their first official publication or from the moment of publication, if this is reflected in a regulatory legal act. Other acts of the President of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, enter into force from the date of their signing. Resolutions of the Government of the Russian Federation, affecting the rights, freedoms and duties of a person and a citizen, enter into force no earlier than the day of their official publication. Other decrees of the Government of the Russian Federation come into force from the date of their signing, unless the decrees of the Government themselves provide for a different procedure for their entry into force. In the same manner, i.e. from the moment of signing (adoption), legal acts of federal ministries, heads of administrations and other executive bodies and their officials subjects of the Federation, if the acts do not specify another date for its entry into force.

If the established requirements for the legal content and for the procedure for issuing legal acts are not observed, the question of their validity may arise. Such acts may be null and void.

Legal acts of management are called void, which, due to their illegality, cannot and do not generate legal consequences. For example, acts that are adopted in violation of the competence of the bodies that issued them or that contain instructions for subordinates to carry out illegal actions are void.

Disputed are acts of management that are subject to mandatory execution, but can be challenged by interested bodies or persons. For example, acts that contain inaccuracies of a factual nature are contested.

The issue of the legality of the challenged act is decided by the authorized government agency: by a higher executive body, a prosecutor, a court. In some cases, contested acts may be recognized as legitimate (after elimination of the deficiencies found in them), in others - invalid. However, prior to the invalidation of the act, the contested act has legal force and generates legal consequences.

The act of management may lose legal force not only in connection with its recognition as invalid. It can be canceled by the body that issued this act, or by a higher authority. So, decisions and orders of the Government of the Russian Federation in case of their contradiction with the Constitution, federal laws and decrees of the President of the Russian Federation can be canceled by the President (Article 115 of the Constitution of the Russian Federation) Constitution of the Russian Federation, adopted by popular vote on December 12, 1993 [Text] // Rossiyskaya Gazeta. - December 25, 1993

The Government of the Russian Federation has the right to abolish acts of federal executive bodies (Article 12 of the Federal Constitutional Law "On the Government of the Russian Federation") Federal Constitutional Law of December 17, 1997 N 2-FKZ (as amended on December 14, 2015) "On the Government of the Russian Federation" // Consultant Plus. Information and legal portal. [Electronic resource] http://www.consultant.ru/document/cons_doc_LAW_17107/. The suspension of their action or execution should be distinguished from the cancellation of acts of management. This means the official temporary termination of the act. The suspension of acts of management is carried out in cases where the authorized body considers the issued act to be illegal or inappropriate. Then, depending on the results, the act continues to operate if the defects contained in it are eliminated, or is canceled.

The most typical cases of suspension of the operation and execution of legal acts are as follows:

  • a) The President of the Russian Federation has the right to suspend the acts of the executive authorities of the constituent entities of the Federation in case of contradiction with the Constitution of the Russian Federation and federal laws (Article 85 of the Constitution) The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993 [Text] // Rossiyskaya Gazeta. - December 25, 1993;
  • b) The Government of the Russian Federation, in order to implement its decisions and orders throughout the country, within the limits of its competence, has the right to suspend the acts of federal executive bodies (Article 12 of the FKZ "On the Government of the Russian Federation" Federal Constitutional Law of 17.12.1997 N 2-FKZ ( ed. from 14.12.2015) "On the Government of the Russian Federation" // Consultant Plus. Information and legal portal. [Electronic resource] http://www.consultant.ru/document/cons_doc_LAW_17107/);
  • c) lodging a protest from the prosecutor against the decision to impose administrative punishment suspends its execution pending consideration of the protest;
  • d) filing a complaint within 10 days from the date of the issuance of the decision to impose an administrative penalty suspends its execution until the complaint is considered.

(English official registration of departmental normative acts) - in the Russian Federation, the procedure applied in relation to departmental normative legal acts affecting the rights, freedoms and duties of a person and citizen, establishing the legal status of organizations that have an interdepartmental nature, regardless of their duration, incl. h. acts containing information constituting a state secret, or information of a confidential nature. G.R.V.N.A. includes: legal examination of the compliance of the act with the legislation of the Russian Federation; making a decision on the need for state registration of this act; assignment of a registration number; entry into the State Register of normative legal acts of federal executive bodies.

G.R.V.N.A. in the Russian Federation was introduced in 1993 by the Decree of the President of the Russian Federation "On normative acts of central authorities government controlled Of the Russian Federation "** and is carried out in accordance with the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration **. G.R.V.N.A. carried out by the Ministry of Justice of the Russian Federation, which maintains the State Register of Normative Legal Acts of Federal Executive Bodies.

Regulatory legal acts subject to state registration, no later than 10 days from the date of their signing (approval), are submitted to the Ministry of Justice of the Russian Federation in 6 copies (original and 5 copies, one of which can be submitted on a magnetic medium). Acts containing information constituting a state secret, or information of a confidential nature, are submitted in 2 copies (original and 1 copy). The submission for state registration of a normative legal act issued jointly by several federal executive bodies is entrusted to the body that is indicated first among those who signed (approved) the act.

A certificate is attached to the normative legal act, containing: the grounds for issuing the act; information on all current regulatory legal acts on this issue and information on the timing of their bringing in line with adopted act; information on the approval of the act with the interested federal executive authorities and other state bodies, if such approval is mandatory.

The normative legal act submitted for state registration must be endorsed, and the attached certificate must be signed by the head of the legal service of the federal executive body presenting the act for registration. On the back of each sheet of the original normative legal act, the visa of the head of the legal service of the federal executive body is affixed.

G.R.V.N.A. made within 15 days from the date of receipt of the act. If necessary, the registration period can be extended by the Ministry of Justice of the Russian Federation, but for no more than 10 days, and in exceptional cases, up to one month.

In G. r.v.n. may be refused if, during the legal examination, it is established that this act does not comply with the legislation of the Russian Federation.

Changes and additions to regulatory legal acts that have passed state registration are subject to registration in the manner prescribed by the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration.

Federal executive bodies send for execution normative legal acts subject to state registration only after their registration and official publication. In case of violation of these requirements, regulatory legal acts, as not entered into force, cannot be applied.

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