SIGNS AND VARIABLES OF LONG-TERM ACTIONS AS A RESULT OF THE APPLICATION OF LEGAL EQUIPMENT
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is devoted to the analysis of the concept and features of bylaws in general and departmental subordinate acts in particular. It has been found out that sub-legal acts are based on the law, the law does not contradict it, but can only supplement it and specify it. In this case, it is noted that sub-acts are characterized by large numbers, flexibility, have a certain external form, elements of which are prescribed by the rules of legal technology.It is proved that subordinate acts have their own hierarchical structure and, depending on the legal force, are divided into: general, departmental, local and local. At the same time, the emphasis is placed on the fact that departmental subordinate acts are the most widespread group of subordinate normative acts, since they are created with the aim of specifying and detailing the existing norms of law, but atthe same time, the latter contain new legal requirements that should not contradict the laws of Ukraine and the general by-laws. The type classification of departmental by-laws acts according to the following criteria: according to the sphere of activity,according to the functional purpose in the mechanism of legal regulation, in the procedure of adoption of acts andcompetence of subjects of departmental rule-making, as well as in the form.On the basis of the analysis of the positions of scientists and the norms of the current legislation, the conclusion is made on the need for a normative consolidation of an exhaustive list of forms of departmental normative acts. At the same time, it is proposed among departmental sub- ordinate acts to distinguish the administrative documents, which are adopted by actors of departmental rulemaking as separateacts or as acts approving other normative acts than give them legal force and, accordingly, regulations that are not legally effective without their approval. Thus, it was found out that orders, orders, decisions, resolutions, and regulations – instructions, rules, regulations, statutes, and procedure, which, in a proper way, allows to distinguish the features of the techniques of their preparation and adoption, should be included in the administrative documents. At the same time, the article describes the most common in normative activities of the subjects of departmental rulemaking forms of departmental subordinate acts: orders, decisions, orders, instructions, rules, regulations, statutes.
Authors and Affiliations
О. Л. Дзюбенко
Keywords
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