Concept and types of regulatory legal acts of executive authorities

The article is devoted to the analysis of the concept and types of normative legal acts of the executive authorities of the Republic of Belarus. These bodies differ in the rule-making activity. Executive authorities through the publication of normative acts within their competence form the national legal system, have an impact on the legal order playing an active role in the implementation of legislative acts of a higher legal level and carrying out its own normative activities. Normative environment depends on their well-timed adoption, this is especially important in a period of intense competition between States. In this regard, the need for deep improvement of the law-making by the Republican Executive authorities is increasing. The law “On normative legal acts” defines the ratio of the legal force of normative legal acts. Unfortunately, there is no mention of the place and role of special acts. They should have a greater legal force than other acts, including, in case of a special law, and in relation to other legislative acts, excluding program legislative acts (program laws and directives). Other proposals are also being made. So, it is specified that acts (joint acts) which are accepted in the form of agreements between executive authorities and trade-union bodies, associations of businessmen should have a special legal force. The task of ensuring the package principle of preparation of normative legal acts has been set out long ago. In this regard, when developing a draft law or other legislative act, defining their concept, the relevant working group should include representatives of the relevant department (usually this is the case). Simultaneously with the process of preparation of the draft legislative act, it is advisable to develop a draft of departmental act. This work could be particularly intensive after the approval of the draft law in the first reading in the house of representatives of the National Assembly. It would be useful to discuss the main provisions of the future departmental act within the framework of the Commission responsible for drafting the draft law, if the need for its adoption arises from the draft law (the same should be done if the government act is to be adopted). The exchange of information between these bodies (Parliament, Government, ministry) can also be organized during the development of a set of acts, using information technology. We believe that the implementation of the idea expressed in the literature on the need to adopt the Administrational (Administrative) code of the Republic of Belarus is overdue.

1. The General agreement between the Government of the Republic of Belarus, republican associations of employers and trade unions for 2016–2018. Etalon. Legislation of the Republic of Belarus. Minsk, 2018 (in Russian).

2. On the basic principles of democracy in the Republic of Belarus: Law Republic of Belarus, February 27, 1991, no. 651–XII (as amended of 14 November, 1991). Etalon. Legislation of the Republic of Belarus. Minsk, 2018 (in Russian).

3. Glebova N. A. Departmental rulemaking. Vestnik Volzhskogo universiteta im. V. N. Tatishcheva = Vestnik of Volzhsky University after V. N. Tatishchev, 2009, no. 71, pp. 97–103 (in Russian).

4. Lapina M. A., Baranov V. A. (ed.) Departmental rulemaking: theory and practice of application. Moscow, Prospekt Publ., 2014. 240 p. (in Russian).

5. Kuznetsov S. A. (ed.) Great dictionary of the russian language. St. Petersburg, Norint Publ., 2000. 1536 p. (in Russian).

6. On constitutional legal proceedings: Law of the Republic of Belarus, January 8, 2014, no. 124-З (as amended of 22 December, 2016). Etalon. Legislation of the Republic of Belarus. Minsk, 2018 (in Russian).

7. Vasilevich S. G. On public administration: concept, goals, criteria of efficiency. Problemy upravleniya [Management Problems], 2014, no. 4 (53), pp. 147–151 (in Russian).