On legal nature of intradepartmental normative documents

Abstract

The article analyses views on intradepartmental normative document in terms of correlation of the concepts «normative legal act» and «local normative act» in legislation, function of Ministry of justice of Russia, regulatory document control and juridical literature. Referring to the theoretical division of departmental normative acts into generally binding and intradepartmental ones, author assumes the synonymy of the concepts «normative legal act affecting the rights, freedom and duties of a person and citizen», «normative legal act mandatory for federal state authorities, state authorities constituent entities of the Russian Federation, local governments, as well as legal entities and individuals» and «generally binding normative act». It is substantiated that intradepartmental normative documents cannot be considered normative legal acts affecting the rights, freedom and duties of a person and a citizen, since they apply to a certain circle of persons and their effect does not go beyond the limits of the relevant department. Considering specific departmental normative acts registered by the Ministry of Justice of Russia or challenged in the Supreme Court of the Russian Federation, the author shows the impossibility of classifying them as generally binding normative acts, including citing as an example similar documents issued by entities not authorized to exercise legal regulation. It is proposed to abandon the practice of state registration of intradepartmental regulatory documents, the advantage of this abandonment from a practical point of view is noted.

References

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