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Title of Article

THE LEGAL REGIME OF AUTHORIZED BODIES' GUIDELINES (MATERIALS), INSTRUCTIONAL MATERIALS (INSTRUCTIONS) PROVIDED FOR BY THE FEDERAL LAWS


Issue
3
Date
2015

Article type
scientific article
UDC
342.924
Pages
180-191
Keywords
 


Authors
Nikiforov M.V.
Rossiyskiy gosudarstvennyy universitet pravosudiya, N. Novgorod


Abstract
The aim of this work is to study the legal regime of authorized bodies' guidelines (materials), instructional materials (instructions) provided for by the Federal laws, primarily by those laws that concern the delegation of powers of the Russian Federation to the bodies of state power in the subjects of the Russian Federation. The focus of the study is on the correlation of regulatory legal acts and non-regulatory legal acts in the theory, legislation and judicial legal opi- nions. Research methods used in this study include analysis, synthesis, legal modeling, classification, as well as the comparative legal method. Our main results and conclusions are as follows: 1) an analysis is given of the concepts and features of a regulatory legal act in some scholarly works, in the Constitution of the Russian Federation, in legislation, in the legal opinions of the Supreme Federal courts, in the draft Federal law; 2) the results are presented of our re- search of Federal laws on the delegation of powers, referring to the guidelines (materials), instructional materials (in- structions), according to different criteria: types of Federal laws on the subject of legal regulation, types of authorized bodies, models for the formulation of the right (duty) to publish guidelines/materials, models of correlation of the guidelines/materials with regulatory legal acts, 3) the above-mentioned guidelines (materials) have not been issued for all of the Federal laws examined, 4) the practice of the Ministry of Justice of the Russian Federation shows that in some cases legislative negligence occurs, and it needs to be corrected.

File (in Russian)