Legal Bulletin
Published July 8, 2024 | Version v1
Journal article Open

ON THE LEGAL QUALIFICATION OF THE ADOPTION OF AN ILLEGAL REGULATORY LEGAL ACT

Authors/Creators

  • 1. ROR icon The Institute of Legislation and Comparative Law under the Government of the Russian Federation

Description

The article discusses various approaches to the legal assessment of the adoption of an illegal normative legal act - is it a lawful or illegal act. The relevance of the article’s problems is due to the importance of consistency and consistency of legislation, the legality of regulatory legal acts. This is a necessary condition for the rule of law and the rule of law. The main purpose of this work is to evaluate various approaches to the legal qualification of the adoption of an illegal regulatory legal act. The problems under consideration . The article analyzes approaches to the reasons for the adoption of illegal regulatory legal acts, as well as the possibility of bringing to legal responsibility for these actions. The methods used. The study was conducted on the basis of modern general scientific methodology. The main method was the formal dogmatic approach. Along with it, logical, systemic, sociological and other approaches were also used. Conclusions. Violations of the rule of law in law-making activities are not systemic in nature, but they exist, as evidenced by the activities of the justice and prosecutor’s offices, judicial practice in cases of challenging normative legal acts. The adoption of normative legal acts containing illegal provisions has its objective and subjective reasons. First of all, this is due to the complexity of the legal regulation of public relations. The subjective reasons are insufficient qualifications or insufficient conscientiousness of specialists of law-making bodies. The adoption of illegal normative legal acts should not be considered as an offense, but as a law-making error that does not entail legal responsibility.

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