Legal encyclopedia. Letter C

SYSTEMATIZATION OF NORMATIVE AND LEGAL ACTS

- the activity of the legislator on the orderly unification of NA, bringing them into a certain system through their external and internal processing with the aim of their accessibility, better visibility and effective application.

The need for SNPA is due to the need to ensure the availability of legislation, ease of use, elimination of obsolete and inefficient norms of law, the resolution of legal conflicts and the elimination of gaps in law.

The practical significance of systematization as early as 1833 was emphasized by M. M. Speransky, who, as one of the main tasks of state restructuring, spoke of bringing the laws into one composition.

The basis of SNPA contains knowledge of the system of law, its branches and sub-sectors.

There are three types of SNPA:

1) incorporation;

2) consolidation;

3) codification.

Incorporation - SNP by their unification without changing the content of NPA in alphabetical, chronological or systematic (subjective) order in a single collection, where each of NPA has an independent meaning.

Signs of incorporation:

1) it can be both formal and informal;

2) its subjects can be not only state bodies, but also public organizations and individuals;

3) it does not change the normative content of the act, i.e. The rules of law are kept unchanged;

4) NPA can be systematized in the form in which they were adopted by the law-making body, and can also be subjected to external processing;

5) as a result of incorporation, a collection of laws, a collection of laws, a code of laws or another NPA is published.

Legal literature distinguishes between official and unofficial incorporation. Incorporation is official if the orderly union of NPA is produced by a competent authority. Thus, the Vedomosti of the Supreme Council, the Assembly of Government Decrees, the Legislative Assembly, etc. are issued. Informal incorporation is carried out by various organizations, bodies and individuals and is of a reference and information character (for example, the Collection of normative acts for educational purposes). The results of such incorporation can not be invoked during the consideration of cases in court, arbitration and other law enforcement agencies.

Consolidation is SNPA without changing their content, where each of the acts loses its independent meaning. The goal of consolidation is to overcome the multiplicity of NPA and ensure the unity of legal regulation.

Symptoms of consolidation:

1) it is one of the law-making methods;

2) is carried out only by law-making bodies in respect of the acts adopted by them;

3) the united NPA lose their independent meaning, i.e. They lose validity, and instead of them comes the unified NPA;

4) consolidation is an intermediate form of SNPA, combining the features of incorporation and codification;

5) NPA are united on the basis of their relevance to a certain type of activity.

As an example of consolidation, one can name the Decree of the Presidium of the Union Supreme Soviet of October 1, 1980 "On Festive and Memorable Days," which united 48 NPPs previously active on this issue

Codification is the unification of NPA into a single logically integral act with a change in their content. In the process of codification, a new NPA is created, by radically reworking the current legislation with a view to ensuring a single, internally harmonized regulation of a particular social sphere.

Signs of codification:

1) it is the most complex form of SNPA;

2) performs the law-making function;

3) it is carried out only by competent state bodies on the basis of the appropriate authorities;

4) in the process of codification, obsolete legal material is eliminated;

5) the results of codification are the code, the bases of legislation, the charter, rules, regulations, etc.

The codification consists in the development of a new NPA, or in such processing of the previously existing NPA, which leads to the appearance of a new NPA.

There are several types of codification:

1) universal, under which most of the legislation is subjected to processing;

2) sectoral, under which a separate industry is subjected to processing;

3) special, in which the norms of a single legal institution are subjected to processing.