Regulatory acts come into force from the moment. The procedure for the entry into force of regulatory legal acts. How departmental regulations come into force

From what time does it start to work? legal act? Since its adoption? Since its publication? Where should it be published?

How the law determines the procedure for the entry into force of regulatory legal acts

The procedure for the entry into force of regulatory legal acts is determined

Federal Law of June 14, 1994 N 5-FZ “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly”,
Decree of the President of the Russian Federation of May 23, 1996 N 763 “On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and normative legal acts of Federal executive authorities.”

By virtue of clause 3.Article 15 of the Constitution of the Russian Federation, laws are subject to official publication. Unpublished laws do not apply. Any regulatory legal acts, affecting the rights, freedoms and responsibilities of man and citizen, cannot be applied unless they are officially published for public information.

How legislation comes into force

By general rule federal constitutional laws, federal laws come into force simultaneously throughout the entire territory of the Russian Federation after 10 days after the day of their official publication.

However, the law itself may establish special procedure for its entry into force.

The most common special rule is to indicate in the law itself the exact date of its entry into force, but there may be variations of this rule:
- for example, the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” states: “This Federal Law shall be put into effect throughout Russian Federation six months after its official publication."

"Parliamentary newspaper" or
"Rossiyskaya Gazeta" or
Collection of legislation of the Russian Federation.

"Parliamentary Newspaper" is the official periodical Federal Assembly. Federal constitutional laws and federal laws are subject to mandatory publication in the Parliamentary Gazette.

How regulatory acts of the President of the Russian Federation and the Government of the Russian Federation come into force

Acts of the President of the Russian Federation, having a regulatory nature, come into force simultaneously throughout the entire territory of the Russian Federation after 7 days after the day of their first official publication.

Acts of the Government of the Russian Federation, affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of federal bodies executive power, as well as organizations, come into force simultaneously throughout the entire territory of the Russian Federation after 7 days after the day of their first official publication.

Other acts of the President of the Russian Federation and the Government of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, come into force from the date of their signing.

in "Rossiyskaya Gazeta"
in the Collection of Legislation of the Russian Federation,
The texts of these acts, distributed in machine-readable form by the scientific and technical center of legal information "System", are also official.

Just like laws, acts of the President of the Russian Federation and the Government of the Russian Federation may establish a different procedure for their entry into force, which is widely used in the law-making activities of both the President of the Russian Federation and the Government of the Russian Federation.

How departmental regulations come into force

Rules for the preparation of normative legal acts of federal executive authorities and their state registration, approved by Decree of the Government of the Russian Federation of August 13, 1997 N 1009 indicate that departmental regulations, affecting the rights and legitimate interests of citizens:

must undergo state registration with the Ministry of Justice of the Russian Federation
come into force simultaneously throughout the entire territory of the Russian Federation after 10 days after the day of their official publication, unless the acts themselves establish a different procedure for their entry into force.

In this case, the official publication is the publication

in the newspaper "Russian news" within 10 days after the day of their registration,
and also in Bulletin of normative acts of federal executive authorities of the publishing house "Legal Literature".

The indicated one is also official Bulletin distributed in machine-readable form by the scientific and technical center for legal information "System".

Acts that have not passed state registration, or have passed registration but not published in the specified newspapers, do not come into force, i.e. don't work.

These provisions do not apply to acts containing information constituting a state secret or information of a confidential nature.

Regulatory acts of the Ministry of Taxes and Taxes of Russia

By letter of the Ministry of Taxes and Taxes of the Russian Federation dated September 10, 2003 N 27-0-10/215-AE915, the journal "Documents and Comments" is defined as
publisher of official regulations of the Ministry of Taxes and Taxes of Russia, including those that do not require state registration with the Ministry of Justice of Russia.

How acts of subjects of the Russian Federation and bodies come into force local government

Acts of constituent entities of the Russian Federation are subject to official publication in publications of the constituent entity of the Russian Federation - for example, in Moscow acts are published

in the newspaper "Tverskaya, 13",
in "Gazette of the Moscow Duma",
in "Bulletin of the Moscow City Hall".

If the normative legal act is published in another publication

If a normative legal act is published in another publication, not in the one that is considered official? Can I use it? - The texts of legal acts can be published in any printed publications or information systems and, of course, you can use them. However, these publications have no official status and cannot serve as a basis for establishing the fact of entry into force of a legal act.

For example, it happens that newspapers publish some particularly interesting normative act before it is registered with the Ministry of Justice, but the act does not undergo this registration and therefore does not come into force (and is not published in the official publication).

The Constitution of the Russian Federation in paragraph 3 of Article 15 declares that laws are subject to official publication. Unpublished laws do not apply. Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information. This establishes that the official publication of a law or other normative legal act affecting the rights, freedoms and responsibilities of a person and a citizen is a necessary condition for their entry into force.

In addition, according to paragraph 10 of Decree of the President of the Russian Federation dated May 23, 1996 No. 763 “On the procedure for 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 executive bodies” (hereinafter referred to as the Decree on the procedure for publication by-laws) regulatory legal acts of federal executive bodies, except for acts and their individual provisions containing information constituting state secrets or information of a confidential nature that has not undergone state registration, as well as registered but not published in the prescribed manner, do not entail legal consequences as not entered into force and cannot serve as a basis for regulating 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.

Order of the Ministry of Justice of the Russian Federation dated May 4, 2007 No. 88 approved Explanations on the application of the Rules for the preparation of regulatory legal acts of federal executive authorities and their state registration. According to paragraph 12 of these Explanations, the following regulatory legal acts are subject to state registration:

Civil, political, socio-economic and other rights, freedoms and obligations of citizens of the Russian Federation, foreign citizens and stateless persons;

Guarantees for their implementation, enshrined in the Constitution of the Russian Federation and other legislative acts of the Russian Federation;

Mechanism for the implementation of rights, freedoms and responsibilities;

b) establishing the legal status of organizations - standard, exemplary provisions (charters) on bodies (for example, territorial), organizations subordinate to the relevant federal executive authorities, as well as establishing the legal status of organizations performing, in accordance with the legislation of the Russian Federation, certain of the most important state functions ;

c) having an interdepartmental nature, that is, containing legal norms that are binding on other federal executive authorities and (or) organizations that are not part of the system of the federal executive authority that approved (two or more federal executive authorities that jointly approved) the normative legal act .

At the same time, regulatory legal acts that have one of the above characteristics or several are sent for state registration. Registered normative legal acts are subject to official publication in the Rossiyskaya Gazeta within ten days after the day of their registration, as well as in the Bulletin of normative acts of federal executive bodies of the publishing house "Legal Literature" of the Administration of the President of the Russian Federation.

Federal constitutional laws and federal laws come into force simultaneously throughout the entire territory of the Russian Federation ten days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force.

Acts of the President of the Russian Federation that are normative in nature come into force simultaneously throughout the entire territory of the Russian Federation seven days after the day of their first official publication.

Other acts of the President of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, come into force from the date of their signing.

Acts of the Government of the Russian Federation affecting the rights, freedoms and duties of man and citizen, establishing the legal status of federal executive bodies, as well as organizations, come into force simultaneously throughout the entire territory of the Russian Federation seven days after the day of their first official publication.

Other acts of the Government of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, come into force from the date of their signing.

Acts of the President of the Russian Federation and acts of the Government of the Russian Federation may establish a different procedure for their entry into force.

Regulatory legal acts of federal executive authorities come into force simultaneously throughout the entire territory of the Russian Federation ten days after the day of their official publication, unless the acts themselves establish a different procedure for their entry into force.

Regulatory legal acts of federal executive bodies containing information constituting a state secret or information of a confidential nature and not subject to official publication in connection with this, which have undergone state registration with the Ministry of Justice of the Russian Federation, come into force from the date of state registration and assignment of a number, if The acts themselves do not establish a later date for their entry into force.

According to the first part of Article 251 of the Civil Procedure Code of the Russian Federation, a citizen, an organization that believes that a normative legal act of a state authority, local government body or official adopted and published in the prescribed manner violates their rights and freedoms guaranteed by the Constitution of the Russian Federation, laws and others regulatory legal acts, as well as the prosecutor, within the limits of his competence, has the right to apply to the court to declare this act contrary to the law in whole or in part. The Constitutional Court of the Russian Federation considered this norm for its compliance with the Constitution of Russia due to the fact that it provides for challenging only officially published normative legal acts. However, an unpublished normative legal act can also violate the rights and freedoms of citizens.

By exercising its constitutional power to provide clarification on issues judicial practice, The Constitutional Court of the Russian Federation resolved the uncertainty regarding the application by courts of the contested norm of the Code in its ruling dated March 2, 2006 No. 58-0. The definition states that citizens cannot be deprived of the opportunity to restore violated rights by appealing to the competent court hearing cases challenging regulatory legal acts, due to the failure of the body that issued the act to comply with the rules for the mandatory publication of regulatory legal acts.

Courts, when considering such cases, do not have the right to limit themselves to formally establishing whether the act being appealed has passed state registration and whether it has been published in the prescribed manner; they are also obliged to find out whether this act contains normative provisions affecting the rights and legitimate interests of citizens. Having discovered that the normative legal act of the federal executive body containing such provisions has not been registered and published in the prescribed manner, the courts must recognize it as invalid, i.e. in each specific case it is realistic to ensure effective restoration of violated rights. Otherwise it would mean an unjustified denial of judicial protection, which is contrary to Art. 46 of the Constitution of the Russian Federation.

Thus, there are two main conditions for the entry into force of regulatory legal acts:

State registration (for regulatory legal acts of federal executive authorities, except for acts and their individual provisions containing information constituting a state secret or information of a confidential nature).

Legal technology as an academic discipline
- Legal technology in the structure of the theory of state and law
- The evolution of scientific views on legal technology
- Subject of legal technology
- Methodology of legal technology
- Structure of the course "Legal Technique"
- The importance of legal technology for a lawyer
History of the development of legal technology
- Practice of application of legal technologies and science of legal technology
- Legal technique in ancient society (archaic law)
  - Law enforcement technology in ancient society
- Legal technique in traditional society (estate law)
- Legal technology in industrial society(developed, mature, national law)
  - Law enforcement technology in an industrial society
Concept and types of legal technology
- Concept and forms of legal activity
- Juristic documents: concept and types
- Concept and structure of legal technology
  - Legal tools
- Types of legal technology
- Features of legal technology in various legal families
  - Romano-Germanic (Continental) family of law (or professorial law)
  - Anglo-Saxon law (common law family, case law, judicial law)
  - Muslim family law
  - Customary law family (African law)
  - Russian legal system in the context of world families of law
General rules of legal technology (contents of legal technology)
- The concept of the content of legal technology
- Rules for achieving social adequacy of law (substantive rules)
- Rules for ensuring the logic of law
- Structural rules (internal form of a legal document)
- Language rules
- Formal (requisite) rules
- Procedural rules
Lawmaking
- Concept and types of lawmaking
- Legislation: three approaches to understanding it
- Requirements for legislation (criteria for the quality of legislation)
- Errors in lawmaking
- Examination of draft regulations
- The concept of legislative technology and its content
Rules for forming the content of regulations
- Requirements for the content of regulations (substantive rules)
- Basic methods and techniques for forming the content of normative acts
  - Legal definitions
  - Declarations
  - Legal constructions
  - Legal presumptions
  - Legal fictions
  - Legal axioms and exceptions
  - Other ways of forming the content of norms of legal acts
- Logic of a normative legal act
  - System of logical requirements (rules) in lawmaking
  - Regulation of all elements of the logical rule of law
- Requirements for the internal form of regulations
  - Structure normative act
  - Structural units text
  - Note
  - Final provisions, annexes
- Language rules
  - System of linguistic (linguistic) means of normative acts
  - Style of regulations
  - Symbolic devices
Techniques for creating corporate regulatory legal acts
- Concept and features of corporate law
- Principles for creating corporate regulations
  - Special principles for the adoption of corporate acts
- Features of corporate acts
- Errors when adopting corporate acts
Lawmaking procedure
- Procedures in law
- Requirements for the lawmaking procedure
- Planning of law-making activities: its meaning and types of plans
- The concept of a normative act as a model for reflecting social reality
- Types of lawmaking procedures
- Departmental lawmaking procedure
- Procedure for adopting government regulations
- Types of parliaments and their influence on the legislative process
- Stages of the legislative process
  - Adoption of the law
Publication and entry into force of regulations
- Publication of regulations
- Entry into force of regulations
Systematization of legal acts as a type of legal work
- Concept and reasons for systematization
- Reasons and significance of systematization
- Principles of systematization
Rules for systematizing legal documents
- Codification and rules for its implementation
- Consolidation and rules for its implementation
- Incorporation and rules for its implementation
- Accounting for legal acts
- Computerization of systematization work
Interpretation as a type of legal work
- Concept of interpretation
- Structure of interpretation
- Reasons for interpretation
Techniques for interpreting regulations
- Interpretive technology
- Unofficial interpretation
- Authentic interpretation
- Judicial interpretation
- Acts of interpretation and their features
Rules for creating legal implementing legal documents
- Implementation of the law
- Legal documents and techniques for their creation
Techniques for conducting contract work
- Technical and legal features of contracts
  - Concept and content of the agreement
  - Typical contract structure
- Conducting contract work
  - Regulatory regulation of contract work
- Stages of contract work
Law enforcement as a type of exercise of law
- Characteristics of law enforcement
- Judicial activity as a type of law enforcement
Judicial acts and techniques for their preparation
- Types of judicial acts
- Judgment and the verdict as the main acts of justice: general characteristics
- Requirements for the content of main judicial acts
  - Validity and motivation
  - Fairness and completeness
- Rules for ensuring the logic of main judicial acts
- Structure of main judicial acts
  - Structure of a court verdict
- Language rules for drawing up judicial acts
  - Stylistic rules

Entry into force of regulations

The significance of the entry into force of regulations

M. S. Studenikina notes that the rules of law establishing the procedure for the entry into force of laws make it possible to avoid unjustified delays in their publication. It is no secret that, using the purely technical method of delaying publication, government bodies not related to the legislative branch of government can long time delay the entry into force of an already adopted law, thereby blocking its implementation.

Unfortunately, the established norm is not supported by any responsibility for its non-compliance. In addition, it is difficult to find a basis that could prohibit interested structures from delaying the deadline for the official publication of the law.

Since the moment of entry into force of regulations is directly related to their publication, it is necessary to find out when this occurs. The Institute of Legislation and Comparative Law comments on this situation as follows: “The wording “from the date of publication” implies that the day of publication is included in the date of entry into force of the act; the wording “after the day of official publication” and “after publication” means that the period for entry into force of the act begins on the next day after the day of its official publication.”

Methods for entry into force of regulations

The moment of entry into force of regulatory legal acts is determined in various ways.

First way. The legislation establishes the following general rule: a normative act comes into force after a certain period from the date of their publication. There is no particular need to prove the important role played by the entry into force of the law not immediately after its publication, but after a certain period of time, allowing the subjects of law to understand the content of the normative act while it is in a state of “inaction”, and to conform their behavior to it.

However, the timing of entry into force differs depending on the type of regulatory act in question.

The following rules are established in this regard:

laws come into force 10 days after the day of their official publication;
decrees of the President of the Russian Federation that are normative in nature come into force seven days after the day of their official publication;
resolutions of the Government of the Russian Federation affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of federal executive bodies, as well as organizations, come into force seven days after the day of their official publication;
departmental regulations come into force 10 days after the day of their official publication.

Practice shows that this general rule is little used.

Second way. Another rule is used more often: a normative act comes into force from the specific calendar date indicated in it. In most cases, setting a specific date increases the time gap between the day the law is published and the day it comes into effect.

For example, the Criminal Code of the Russian Federation was adopted on June 13, 1996, and came into force on January 1, 1997; The Family Code of the Russian Federation was adopted on December 29, 1995, and came into force (with some exceptions) on March 1, 1996. Undoubtedly, such regulation of the timing of the entry into force of laws provides citizens with a greater opportunity to familiarize themselves with the law itself, comprehend the innovations it introduces, and set up public opinion on their steady implementation.

Third way. The entry into force of the law from the date of its official publication has become a priority method in Lately. But it is very difficult to explain this trend by objective reasons hidden in the very specifics of the adopted laws. The number of laws put into effect immediately from the date of publication included laws that were completely different in their scope, and in the range of subjects to whom they were addressed, and in the nature of the regulated relations. In this group there are laws consisting of only one or two articles, and there are also those that number 100 articles or more.

Fourth method. The law comes into force upon the occurrence of a certain event or subject to the commission of any actions. A suspensive condition for the entry into force of a law is a fairly common option when determining the initial moment of action of a law in time. This option finds its most clear manifestation in cases where we are talking about the connection between the entry into force of a law and the adoption of some special legislative act.

For example, the Federal Law of November 30, 1994 No. 52-FZ “On the introduction into force of part one of the Civil Code of the Russian Federation” provided that Ch. 17 of the Civil Code of the Russian Federation comes into force from the date of entry into force of the new Land Code of the Russian Federation.

The use of suspensive conditions for determining the date of entry into force is sometimes used as a kind of ploy to delay the implementation of an already adopted law for a considerable time. The reasons for such a “delay” can be very different, including opportunistic ones.

Of course, M. S. Studenikina is right when she asserts that “in legislative activity, the rule must be absolute - a law can be adopted only when all the conditions for this are ripe. If this is not the case, then work to be “ahead” in lawmaking, no matter under what pretext it is carried out, cannot be encouraged. The very subsequent use in such a situation of methods of delaying the implementation of already adopted laws should be recognized as illegitimate.”

If we consider these methods of entry into force of normative acts from the point of view of simplicity and accuracy of determining the moment of entry into force of the law, the most preferable method seems to be in which the law indicates a specific calendar date from which the law comes into force. However, even this is not convenient in all cases. This is due to the multi-stage procedure for the adoption, coordination and approval of laws.

Ed. from 05.22.2015 // Application of legal information in practical activities presupposes knowledge of the current legislation on the procedure for the entry into force of regulatory legal acts (hereinafter - NLA). When basing your legal claims on a legal norm or using it to defend yourself against unfounded claims, you need to know exactly whether it was in effect at the time the law was violated and a controversial relationship arose.

To determine the exact date, it is necessary to study the procedure for entry into force for this type of regulatory acts, identify the source and date of official publication, and, if necessary, make certain calculations. In any case, you need to start by checking a number of mandatory conditions, subject to which the legal regulation comes into force.

In accordance with Part 3 of Art. 15 of the Constitution of the Russian Federation, all laws, as well as any regulations affecting the rights, freedoms and duties of man and citizen, must be officially published for public information, that is, made public. Unpublished normative legal acts are not applied and do not entail legal consequences as they have not entered into force. Official publication is a constitutional guarantee of the rights of citizens. The state cannot require citizens to comply with laws the contents of which are not brought to their attention.

To determine the moment at which the legal regulation comes into force, it is necessary to find out what is considered an official publication and what conditions must be met in order for the legal regulation to be recognized as officially published.

Secondly, the publication of the text of legal acts in a publicly accessible publication only has the status of official publication when this publication is legally defined as the source of official publication for this type of legal acts.

ENTRY INTO FORCE:

From 06/15/1994 to present federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force simultaneously throughout the entire territory of the Russian Federation ten days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force.

Official publication sources: “Rossiyskaya Gazeta”, “”, additionally from October 26, 1999 - “Parliamentary Newspaper”, additionally from November 10, 2011 - placement on the “Official Internet Portal of Legal Information” (www.pravo.gov.ru).

Reason: Federal Law of June 14, 1994 N 5-FZ.

1. Acts of the highest bodies of legislative power of the Russian Federation

Period of validity of the order of entry into force: 06.15.1994 - to date

Type of document: Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly

Rossiyskaya Gazeta", "Collection of Legislation of the Russian Federation", "Parliamentary Gazette"

Effective date: 10 days after their official publication

Regulatory acts regulating these issues: Federal Law of June 14, 1994 No. 5-FZ

2. Acts of the President of the Russian Federation

Type of document: Acts of the President of the Russian Federation of a normative nature

Official source of publication: “Rossiyskaya Gazeta”, “Collection of Legislation of the Russian Federation”

3. Acts of the Government of the Russian Federation

Period of validity of the order of entry into force: 06/05/1996 - to date

Type of document: Acts of the Government of the Russian Federation affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of federal executive authorities, as well as organizations

Official source of publication: “Rossiyskaya Gazeta”, “Collection of Legislation of the Russian Federation”

Entry into force: after 7 days after their first official publication, unless a different procedure for entry into force is established in the act itself

Regulatory acts regulating these issues: Decree of the President of the Russian Federation dated May 23, 1996 No. 763

4. Decisions of the Constitutional Court of the Russian Federation

Period of validity of the order of entry into force: 05.08.1991 - to date

Type of document: Decisions of the Constitutional Court of the Russian Federation

Effective date: immediately after proclamation

Regulatory acts regulating these issues: Article 78 and 79 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ; Article 49 of the RSFSR Law of July 12, 1991 No. 1599-1

5. Regulatory legal acts (RLA) of the federal executive authorities (ERB)*,**

Period of validity of the order of entry into force: 08/18/1998 - to date

Type of document: Regulatory legal acts of federal executive authorities affecting the rights, freedoms and responsibilities of individuals and citizens, establishing the legal status of organizations or having an interdepartmental nature, which have passed state registration with the Ministry of Justice of the Russian Federation***

Official source of publication: “Rossiyskaya Gazeta”

Entry into force: after 10 days after their official publication, unless the acts themselves establish a different procedure for entry into force

Regulatory acts regulating these issues: Decree of the President of the Russian Federation dated May 23, 1996 No. 763

*By Decree of the President of the Russian Federation dated May 16, 1997 No. 490, the procedure for the publication and entry into force of regulatory legal acts of federal executive authorities from May 19, 1997 was supplemented with the following provision: regulatory legal acts of federal executive authorities containing information constituting a state secret or confidential information nature and not subject to official publication in connection with this, come into force from the day of their registration with the Ministry of Justice of the Russian Federation, unless the acts themselves establish a later date for their entry into force.

**There are features of the entry into force of regulatory legal acts of some departments.

***Since March 20, 2001, by Decree of the President of the Russian Federation dated March 20, 2001 No. 318, state registration of regulatory legal acts of the Pension Fund of the Russian Federation (PF RF), the Federal Compulsory Medical Insurance Fund (FFOMS), the Fund social insurance Russian Federation (FSS RF). These acts are subject to the conditions and procedure for entry into force that apply to regulatory legal acts of federal executive authorities.

6. Entry into force of legal acts of the Bank of Russia

Period of validity of the order of entry into force: 07.13.2002 - to date

Type of document: Bank of Russia regulations

Effective date: ten days after the day of their official publication, except in cases established by the Council directors

Regulatory acts governing these issues: Article 7 of the Federal Law of July 10, 2002 No. 86-FZ

7. Entry into force of legal acts Federal service on financial markets (FSFM of the Russian Federation, formerly FCSM of the Russian Federation)

Period of validity of the order of entry into force: 07/01/2004 - to date

Type of document: Regulatory acts of the Federal Financial Markets Service of the Russian Federation, registered with the Ministry of Justice of the Russian Federation

Official source of publication: “Rossiyskaya Gazeta”, “Bulletin of normative acts of federal executive authorities”

Regulatory acts regulating these issues: Decree of the President of the Russian Federation of May 23, 1996 No. 763;
Article 43 of the Federal Law of April 22, 1996 No. 39-FZ

8. Entry into force of legal acts of federal executive authorities authorized in the field of customs affairs

Period of validity of the order of entry into force: 01/01/2004 - to the present

Type of document: Legal acts of the federal executive body authorized to carry out legal regulation in the field of customs affairs*, registered with the Ministry of Justice of the Russian Federation

Official source of publication: “Rossiyskaya Gazeta”, “Bulletin of normative acts of federal executive authorities”

Effective date: ten days after the day of their official publication, unless the acts themselves establish a different procedure for their entry into force

Regulatory acts regulating these issues: Article 5 of the Customs Code of the Russian Federation (Federal Law of May 28, 2003 No. 61-FZ)**; Decree of the President of the Russian Federation dated May 23, 1996 No. 763

*Before 07/01/2004 – State Customs Committee of the Russian Federation; from 07/01/2004 to 05/11/2006 – Ministry of Economic Development of the Russian Federation; from 05/12/2006 – Federal Customs Service of the Russian Federation.

**Article 5 of the Customs Code of the Russian Federation provides for the following exceptions:
1) legal acts were issued on the basis of and in pursuance of acts of customs legislation, decrees of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, the relevant provisions of which are put into effect in more than short time;
2) legal acts establish a more preferential procedure than the current one. In this case, such acts may enter into force within a shorter period of time or have retroactive effect;
3) The Customs Code of the Russian Federation establishes a special procedure for the entry into force of these acts. The special procedure is defined by Articles 63, 124 and 125 of the Customs Code of the Russian Federation and concerns regulatory legal acts establishing:
— lists of documents and information required for customs clearance;
— lists of information to be indicated in the customs declaration;
— places of declaration individual species goods.
These legal acts come into force no earlier than 90 days from the date of their official publication. At the same time, acts establishing lists of documents and information required for customs clearance, and lists of information to be indicated in the customs declaration, may enter into force in a shorter period of time in the cases provided for in paragraphs two and three of paragraph 3 of Article 5 of the Customs Code of the Russian Federation.

« Official Internet portal of legal information"(www.pravo.gov.ru) is an online publication and is part of the state system of legal information, the functioning of which is ensured by the federal executive body that carries out the functions of developing public policy, legal regulation, control and supervision in the field of state security, presidential, government and other types of special communications and information. (Article 9.1 Federal Law of June 14, 1994 N 5-FZ “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly”)

A source of information:
1/ Introduction to legal informatics. Information legal systems ConsultantPlus: Textbook for universities / Ed. ed. D.B. Novikova, V.L. Kamynina - M.: CJSC "Consultant Plus - New Technologies", 2009. - 256 pp.: ill. ISBN 978-5-903288-03-8.
2/ Reference information: “Conditions and procedure for the entry into force of federal regulatory legal acts”(Material prepared by ConsultantPlus specialists) (download...)

Effect of regulatory legal acts over time

Speaking about the limits of validity of normative legal acts in time, first of all, one should take into account such significant points as the entry into force of a normative legal act and its termination.

When basing your legal claims on a legal norm or defending yourself against unfounded claims with its help, you need to know exactly whether it was in effect at the time the law was violated and a controversial relationship arose.

Article 15 of the Constitution of the Russian Federation defines the mandatory conditions for the entry into force of normative acts. All laws, as well as any regulations affecting the rights, freedoms and responsibilities of man and citizen, must be officially published for public information, i.e. made public. Unpublished normative legal acts are not applied and do not entail legal consequences as they have not entered into force.

The principle of promulgation of normative acts established by the Constitution of the Russian Federation served as the basis for the adoption of acts that determined the procedure for the publication and entry into force of normative legal acts.

The main acts of the Russian Federation regulating this issue:

1) Federal Law of June 14, 1994 No. 5-FZ “On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly”;

2) Decree of the President of the Russian Federation dated May 23, 1996 No. 763 “On the procedure for 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 executive bodies.”

Let us consider the conditions that are crucial for the entry into force of normative legal acts - this is the mandatory official publication of all normative acts and mandatory state registration of normative legal acts of federal executive bodies affecting the rights, freedoms and responsibilities of man and citizen, establishing the legal status of organizations or having interdepartmental nature.

For federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly, acts of the President of the Russian Federation, acts of the Government of the Russian Federation, such publications are “Rossiyskaya Gazeta” and “Collected Legislation of the Russian Federation”.

The official publication is considered the first publication full text federal constitutional law, federal law, act of the chamber of the Federal Assembly in the “Rossiyskaya Gazeta” or “Collection of Legislation of the Russian Federation”.

For departmental normative legal acts, official publication is considered to be publication in the Rossiyskaya Gazeta and the Bulletin of Normative Acts of Federal Executive Bodies of the Legal Literature Publishing House.

The exception is the acts of the Central Bank of the Russian Federation and the Federal Market Commission valuable papers, the official sources of publication of which are, respectively, “Bulletin of the Bank of Russia” and “Bulletin of the Federal Commission for the Securities Market”.

All regulations affecting the interests of citizens or interdepartmental interests undergo state registration with the Ministry of Justice of the Russian Federation.

Acts that have not passed state registration, as well as those registered but not published in accordance with the procedure specified by law, do not entail legal consequences as those that have not entered into force and cannot serve as a legal basis for regulating relevant legal relations, applying any sanctions to citizens, officials individuals and organizations for failure to comply with the instructions contained therein.

General procedure the entry into force of laws and acts of the chambers of the Federal Assembly is determined by Art. 6 of the Federal Law of June 14, 1994 No. 5-FZ “On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly.” In accordance with it, federal constitutional laws, federal laws, and acts of the chambers of the Federal Assembly come into force ten days after their official publication.

This procedure is valid unless the laws and acts of the chambers of the Federal Assembly themselves establish a different procedure for their entry into force.

In addition, there are the following options for the entry into force of laws and acts of the chambers of the Federal Assembly.

1. The procedure for the entry into force of the law can be determined in the law itself: a specific date is named or, which is more common, the wording is given: “Enteres into force from the date of official publication.”

2. The procedure for the entry into force of a law is quite often determined by a separate document - the law on its entry into force.

Acts of the President of the Russian Federation that are normative in nature, acts of the Government of the Russian Federation affecting the rights, freedoms and duties of man and citizen, establishing the legal status of federal executive authorities, as well as organizations, come into force seven days after the day of their first official publication.

This procedure is also general and is applied in cases where the acts themselves do not establish a different procedure for entry into force.

If the procedure for entry into force is not defined in the act itself, then regulatory legal acts of federal executive authorities come into force 10 days after the day of their official publication.

Regulatory legal acts of federal executive authorities containing information constituting a state secret, or information that is confidential in nature and therefore not subject to official publication, which have undergone state registration with the Ministry of Justice of the Russian Federation, come into force from the date of state registration and assignment of the number, unless the acts themselves establish a later date.

For some regulations, special rules for their entry into force may be provided, which are always specifically stipulated in the law.

The procedure for the entry into force of regulatory legal acts of constituent entities of the Russian Federation and acts municipalities installed by them themselves.

Speaking about the effect of regulatory legal acts over time, we should dwell on the following aspects.

As a general rule, regulations do not have retroactive effect. The norms contained in the normative legal act apply only to those relations that arose after its entry into force. Everything that happened before the day the normative act came into force is not regulated by its norms.

A normative act may be given retroactive force in exceptional cases. And then the normative act extends its effect even to those relations that have already arisen in the past, before the moment of its entry into force. Such situations are always specifically stipulated in the law.

Articles 54 and 57 of the Constitution of the Russian Federation strictly limit the cases of giving retroactive force to a normative legal act. Thus, laws establishing or aggravating liability, as well as laws establishing new taxes or worsening the situation of taxpayers, do not have retroactive force. No one can be held responsible for an act that was not recognized as an offense at the time it was committed. At the same time, if, after the commission of an offense, liability for it is eliminated or mitigated, a new law must be applied.

Termination of a normative act means their loss legal force. The normative act ceases to have effect as a result of:

The expiration of the period for which it was adopted (such as, for example, laws on tariffs for contributions to state social off-budget funds accepted for a specific year);

Direct cancellation of this act (usually the rule on the loss of force of any normative act is contained in a special normative legal act, for example, in the law on the enactment of the code);

The adoption of a new normative act of equal or greater legal force, regulating the same range of social relations. In such cases, a normative act that has not been officially repealed or its individual norms actually loses force due to the publication of a new normative act establishing a different procedure for legal regulation (thus, with the adoption of part one of the Civil Code of the Russian Federation, which established the institution of trust management of property, the Presidential Decree actually lost force RF dated December 24, 1993 No. 2296 “On trust property (trust)”, and with the adoption of the Tax Code, the provisions of Article 22 of the Federal Law “On Personal Income Tax”, establishing the liability of tax agents for violation of this Law, actually became invalid. since such liability is provided for in Article 123 of the Tax Code.