Appendix 2

Application of legal information in practical activities implies knowledge of the current legislation on the procedure for the entry into force of regulatory legal acts. When basing your legal requirements on a legal norm or defending yourself against unfounded claims with its help, you need to know exactly whether it was in effect at the time of the violation of the law and the emergence of disputed relations.

Remark 1.1. The procedure for publication and entry into force of regulatory legal acts may change due to the adoption of new acts regulating these issues. All information on these issues in this paragraph is given as of January 1, 1999. Note that information on the procedure for the publication and entry into force of regulatory legal acts, fully updated as of the current date, can be obtained in the ConsultantPlus systems for federal legislation in the section "Reference information" ("Subject" field) as a separate document.

1. Mandatory conditions for the entry into force of regulatory legal acts

In accordance with Part 3 of Art. 15 of the Constitution of the Russian Federation, all laws, as well as any normative acts affecting the rights, freedoms and duties of a person and a citizen, must be officially published for general information, that is, made public. Unpublished normative legal acts are not applied, do not entail legal consequences, as they have not entered into force.

The principle of promulgation of normative legal acts established by the Constitution of the Russian Federation served as the basis for the adoption of acts that determined the procedure for the publication and entry into force of NLAs.

The following acts are currently in force Russian Federation governing this issue:

• 1) Federal constitutional law of July 21, 1994 N 1-FKZ "On the Constitutional Court of the Russian Federation" (Art. 78, 79);
• 2) Federal Law No. 5-FZ of June 14, 1994 "On the Procedure for the Publication and Entry into Force of Federal Constitutional Laws, Federal Laws, Acts of the Chambers of the Federal Assembly";
• 3) Federal Law No. 394-1 of December 2, 1990 (as amended on July 31, 1998) "On the Central Bank of the Russian Federation (Bank of Russia)" (Article 6);
• 4) Federal Law No. 101-FZ of July 15, 1995 "On International Treaties of the Russian Federation" (Art. 24, 30);
• 5) Federal Law No. 182-FZ of November 26, 1998 "On Amendments and Additions to Article 43 of the Federal Law "On the Market valuable papers";
• 6) Customs Code of the Russian Federation (Article 11);
• 7) Tax Code of the Russian Federation (Article 5);
• 8) Decree of the President of the Russian Federation of May 23, 1996 N 763 (as amended of May 16, 1997) "On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies";
• 9) Decree of the President of the Russian Federation of August 13, 1998 N 963 "On Amendments to the Decree of the President of the Russian Federation of May 23, 1996 N 763" On the Procedure for Publication and Entry into Force of Acts of the President of the Russian Federation, the Government of the Russian Federation and Normative Legal Acts of Federal Bodies executive power";
• 10) Decree of the President of the Russian Federation of July 1, 1996 N 1009 "On the Federal Commission for the Securities Market";
• 11) Decree of the Government of the Russian Federation of 13.08.97 N 1009 (as amended of 06.11.98) "On approval of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration";
• 12) Decree of the Government of the Russian Federation of December 26, 1995 N 1263 "On the information bulletin" Bulletin of the Federal Commission for Securities and the Stock Market ";
• 13) Order of the Central Bank of the Russian Federation of September 15, 1997 N 02-395 (as amended on June 24, 1998) "On the Regulations of the Bank of Russia "On the procedure for preparing and coming into force of Bank of Russia regulations";
• 14) Instruction of the State Customs Committee of the Russian Federation of 02.07.97 N 01-14/836 "On the application customs authorities legislation of the Russian Federation".

From the moment of adoption (issuance) of an act to its entry into force, a certain time passes, which is necessary for its state registration (for departmental acts) and publication (for all legal acts, except for those that contain information constituting a state secret or confidential information).

From the date of signing, only those acts of the President of the Russian Federation and the Government of the Russian Federation that are not of a regulatory nature, as well as containing information constituting a state secret, or information of a confidential nature, come into force (clauses 5, 6 of the Decree of the President of the Russian Federation dated 23.05.96 N 763), as well as acts of executive authorities that do not have a normative character. Thus, mandatory conditions entry into force of the NLA are:

• 1) mandatory official publication of all legal acts (Article 1 of the Federal Law "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly" dated June 14, 1994 N 5-FZ, clause 1 of the Decree of the President of the Russian Federation "On the procedure publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" dated May 23, 1996 N 763);
• 2) mandatory state registration of normative legal acts of federal executive bodies affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental character (clause 10 of Decree of the President of the Russian Federation of 05.23.96 N 763). Moreover, NPAs are subject to state registration, having both one of the above signs, and several (clause 12 of the "Explanation on the application of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration", approved by Order of the Ministry of Justice of the Russian Federation dated April 17, 1998 N 42) .

1.1. Official publication

For federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly, acts of the President of the Russian Federation, acts of the Government of the Russian Federation, such publications are Rossiyskaya Gazeta and Sobranie Zakonodatelstva Rossiyskoy Federatsii (Article 4 of the Federal Law of June 14, 1994 N 5-FZ, Art. 2 Decree of the President of the Russian Federation of May 23, 1996 N 763).

In accordance with Art. 4 of the Federal Law "On the Procedure for Publication and Entry into Force of Federal Constitutional Laws, Federal Laws, Acts of the Chambers of the Federal Assembly" dated June 14, 1994 N 5-FZ, the first publication of the full text of a federal constitutional law, a federal law, an act of a chamber of the Federal Assembly in " Russian newspaper"or" Assembly of Legislation of the Russian Federation ".

When determining which publication is the first, one should take into account the provisions of paragraph 6 of the Resolution of the Constitutional Court of October 24, 1996 N 17-P, in which the procedure for determining the date of the official publication of the act is considered on a specific material. In particular, it is indicated that the date of issue of the Collection of Legislation of the Russian Federation cannot be considered the day of its promulgation, since, as evidenced by the imprint, it coincides with the date the publication was signed for publication and, therefore, from that moment on, information is not really provided on the content of the law. Until the current legislation clearly regulates the issue of the first publication, it is necessary to compare the dates of Rossiyskaya Gazeta and the Collection of Legislation of the Russian Federation and independently conclude which date is the actual date of publication of the NPA.

For departmental legal acts (with the exception of acts of the Central Bank of the Russian Federation, the FCSM) until August 18, 1998 (the day the Decree of the President of the Russian Federation of August 13, 1998 N 963 "On Amendments to the Decree of the President of the Russian Federation of May 23, 1996 N 763" comes into force " On the Procedure for Publication and Entry into Force of Acts of the President of the Russian Federation, the Government of the Russian Federation and Normative Legal Acts of Federal Executive Bodies"), the official publication was considered to be the publication in Rossiyskiye Vesti and the Bulletin of Normative Acts of Federal Executive Bodies" of the publishing house "Legal Literature" ( 9 of Decree of the President of the Russian Federation of 05.23.96 N 763). The President of the Russian Federation, by Decree of 08.13.98 N 963, amended the procedure for the publication and entry into force of regulatory legal acts of federal executive bodies, establishing that these acts are subject to official publication in " Rossiyskiye Gazeta" instead of the newspaper "Rossiyskiye Vesti", as it was before.

1.2. State registration of normative legal acts of federal
executive authorities in the Ministry of Justice of the Russian Federation

On May 15, 1992, the Decree of the Government of the Russian Federation of May 8, 1992 N 305 introduced state registration of normative acts of ministries and departments that affect the rights and interests of citizens or are of an interdepartmental nature.

Decree of the President of the Russian Federation of January 21, 1993 N 104 established that acts that have not passed state registration, as well as those registered but not published in accordance with the procedure specified by law, do not entail legal consequences, as not having entered into force, and cannot serve as a legal basis for regulation of relevant legal relations, application of any sanctions against citizens, officials and organizations for non-compliance with the instructions contained therein.

At present, Decree of the Government of the Russian Federation of 08.05.92 N 305 and Decree of the President of the Russian Federation of 01.21.93 N 104 have become invalid due to the approval of new Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration (see Decree of the Government of the Russian Federation of 13.08 .97 N 1009) and in connection with the new Procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies (see Decree of the President of the Russian Federation of May 23, 1996 N 763). However legal implications non-compliance with the established procedure for registration and publication of acts that need it remained the same: acts that have not been registered and not published in the prescribed manner cannot be applied.

2. The procedure for the entry into force of regulatory legal acts

2.1. The procedure for the entry into force of federal constitutional laws,
federal laws, acts of the chambers of the Federal Assembly

In accordance with Art. 6 of the Federal Law of 14.06.94 N 5-FZ, federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force ten days after their official publication.

This procedure applies to acts adopted from June 15, 1994 (the date of entry into force of the above Federal Law of June 14, 1994 N 5-FZ). With regard to acts adopted earlier, one should be guided by the provisions of the Law of the RSFSR dated 13.07.90 N 89-1 "On the procedure for publishing and entry into force of the laws of the RSFSR and other acts adopted by the Congress people's deputies RSFSR, the Supreme Soviet of the RSFSR and their bodies".

The general procedure for the entry into force of laws and acts of the chambers of the Federal Assembly, defined by Art. 6 of the Federal Law of June 14, 1994 N 5-FZ, is valid unless the laws themselves and acts of the chambers of the Federal Assembly establish a different procedure for their entry into force.

Except general order the entry into force of these regulatory acts, there are the following options the entry into force of laws and acts of the chambers of the Federal Assembly:

• 1) the procedure for the entry into force of the document can be determined in the document itself, namely, a specific date is called or, which is most common, the wording "Entering into force after official publication" is given;
• 2) the procedure for the entry into force of the law is often determined by a separate document - the law on its entry into force.

The entry into force of laws establishing new taxes or amending existing tax legislation has its own characteristics. In accordance with paragraph 1 of Art. 5 of the Tax Code of the Russian Federation, federal laws amending the Tax Code of the Russian Federation in terms of establishing new taxes and (or) fees come into force no earlier than January 1 of the year following the year of their adoption.

The Tax Code of the Russian Federation also provides that acts of legislation on taxes come into force no earlier than one month after the date of their official publication and no earlier than the 1st day of the next tax period for the relevant tax. Legislative acts on fees shall enter into force not earlier than one month after their official publication.

If acts of legislation establish new taxes and (or) fees, increase tax rates, establish or aggravate liability for tax offenses, establish new obligations or otherwise worsen the position of taxpayers or payers of fees, they do not have retroactive effect. Legislative acts on taxes and fees that eliminate or mitigate liability for tax offenses or establish additional guarantees for the protection of the rights of taxpayers, payers of other fees, have retroactive effect.

If acts of legislation on taxes and fees abolish taxes and (or) fees, reduce the rates of taxes (fees), eliminate the obligations of taxpayers or payers of fees, or otherwise improve their position, they may have retroactive effect if they directly provide for this.

2.2. The procedure for the entry into force of acts of the President of the Russian Federation and the Government of the Russian Federation

Acts of the President of the Russian Federation that are of a normative nature, acts of the Government of the Russian Federation affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of federal executive bodies, as well as organizations, enter into force seven days after the day of their first official publication. p. 5, 6 of the Decree of the President of the Russian Federation of 05.23.96 N 763).

Other acts of the President of the Russian Federation and the Government of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, come into force from the date of their signing.

This procedure is general and applies:

• - if the acts themselves do not establish a different procedure for entry into force (clause 7 of the Decree of the President of the Russian Federation of 05.23.96 N 763);
• - in relation to acts adopted from 06/05/96 (date of entry into force of Decree of the President of the Russian Federation of 05/23/96 N 763).

To determine the date of entry into force of acts adopted earlier, the provisions of Decree of the President of the Russian Federation of March 26, 1992 N 302, which has now become invalid, should be applied.

2.3. The procedure for the entry into force of decisions of the Constitutional Court of the Russian Federation

In accordance with Art. 78, 79 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ decisions of the Constitutional Court come into force immediately after their announcement and are subject to immediate publication in the official publications of the state authorities of the Russian Federation, subjects of the Russian Federation, which are affected by the decision.

Decisions of the Constitutional Court are also published in the Bulletin of the Constitutional Court of the Russian Federation.

2.4. The procedure for the entry into force of the regulatory legal acts of federal bodies
executive power

If the procedure for the entry into force of the NLA is not defined in the act itself, then in accordance with clause 12 of the Decree of the President of the Russian Federation of May 23, 1996 N 763, the NLA of the federal executive authorities enter into force ten days after the day of their official publication.

NLA of federal executive bodies containing information constituting a state secret, or information of a confidential nature and not subject to official publication in connection with this, which have undergone state registration with the Ministry of Justice of the Russian Federation, come into force from the date of their state registration and assignment of a number, if the acts themselves do not set a later date (clause 1 of the Decree of the President of the Russian Federation of May 16, 1997 N 490).

2.5. A special procedure for the entry into force of the NLA of the State
customs committee of the Russian Federation

Regulatory legal acts of the State Customs Committee of the Russian Federation (SCC RF), affecting the rights and legitimate interests of citizens, legal entities or bearing an interdepartmental nature are subject to state registration, like other legal acts of federal executive bodies. But the procedure for the entry into force of the NLA of the State Customs Committee of the Russian Federation is different.

If the date of entry into force of the NLA of the State Customs Committee of the Russian Federation is not defined in the document itself, then the procedure determined by Art. 11 of the Customs Code: regulations of the State Customs Committee of the Russian Federation general shall enter into force thirty days after their publication by that committee.

Exceptions are the following cases:

• - if the acts establish more favorable rules than those that are in force (they may extend their effect to legal relations that arose before their publication);
• - if acts of the legislation of the Russian Federation oblige the State Customs Committee of the Russian Federation to introduce normative acts on the customs business in a shorter time.

Other legal acts of the State Customs Committee of Russia (of an interdepartmental nature, regulatory and technical) enter into force from the moment of their signing, unless the acts themselves set a later date for entry into force (Instruction of the State Customs Committee of the Russian Federation dated 02.07.97 N 01-14 / 836).

The same Direction confirms that the acts of the State Customs Committee of the Russian Federation in matters of official publication are subject to the procedure applicable to federal executive bodies.

2.6. The procedure for the entry into force of the regulatory legal acts of the Federal Market Commission
valuable papers

Prior to the adoption of Federal Law No. 182-FZ of November 26, 1998 "On Amendments and Additions to Article 43 of the Federal Law "On the Securities Market", the regulatory legal acts of the Federal Commission for the Securities Market (FCSM), issued within its powers, came into force from days of their official publication and were not subject to registration with the Ministry of Justice of the Russian Federation (Decree of the President of the Russian Federation of 03.07.95 N 662 (as amended of 28.05.97), Decree of the President of the Russian Federation of 01.07.96 N 1009). Federal Law N 182-FZ established that resolutions of the FCSM that are of a normative nature are subject to state registration in the cases and in the manner provided for by regulatory legal acts of federal executive bodies, and enter into force upon the expiration of ten days from the date of their official publication, unless these resolutions provide for another period for their entry into force. Thus, the procedure for entry into force common to the NLAs of the federal executive bodies was extended to the NLAs of the FCSM.

Decree of the Government of the Russian Federation of December 26, 1995 N 1263 of the Federal Commission for the Securities Market permitted the publication of the information bulletin "Bulletin of the Federal Commission for the Securities Market". The publication of acts of the FCSM in this bulletin is their official publication.

2.7. Procedure for the entry into force of Bank of Russia regulations

Regulations of the Bank of Russia affecting the rights, freedoms or obligations of citizens are subject to registration with the Ministry of Justice of the Russian Federation in the manner established for the registration of acts of federal ministries and departments (Article 6 of the Federal Law on the "Central Bank of the Russian Federation", clause 6.4.1 of the Order of the Central Bank RF dated 15.09.97 N 02-395).

In accordance with Art. 6 of the Federal Law No. 394-1 of December 12, 1990, Bank of Russia regulations shall enter into force on the day of their official publication in the official publication of the Bank of Russia - the Bulletin of the Bank of Russia, except in cases where established by the Council directors. Regulates in detail the procedure for publication and entry into force of Bank of Russia regulations. N 02-395).

Finding documents regulating a particular issue is often a difficult task even for an experienced lawyer, since so many of them have been published so far that a professional lawyer may not be aware of the existence of some of them. But we still try to learn how to look for them.

1. Official publications.

I already wrote about paragraph 3 of Art. 15 of the Constitution of the Russian Federation, which states that officially unpublished laws and other documents affecting the rights, freedoms and duties of a person and citizen cannot be applied. The official publication of a normative act is its first publication in a publication (magazine, newspaper or computer media) that is specifically created to publish official documents.

n Federal constitutional laws and federal laws, acts of the chambers of the Federal Assembly (i.e. resolutions of the State Duma and the Federation Council), decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation are published in "Rossiyskaya Gazeta" and in the weekly magazine “Collection of Legislation of the Russian Federation”(abbreviated as “R.G.” and “SZ RF”).

n Effective international treaties, published in "Collection of Legislation of the Russian Federation" and magazine “Bulletin of International Treaties”.

n Regulations of federal (i.e. all-Russian) ministries and departments are printed in "Rossiyskaya Gazeta" and magazine “Bulletin of Normative Acts of Federal Executive Bodies”.

n Acts of the Bank of Russia (Central Bank of the Russian Federation) are published in the Bulletin of the Bank of Russia

n Decisions of the Plenum of the Supreme Court of the Russian Federation, decisions of the Supreme Court of the Russian Federation and decisions of its Presidium on specific cases published in a journal Bulletin of the Supreme Court of the Russian Federation.

n Resolutions of the Plenum of the Supreme Arbitration Court Russian Federation, decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation and decisions of this court on specific cases are published in the journal “Bulletin of the Supreme Arbitration Court of the Russian Federation”.

n Resolutions of the Constitutional Court of the Russian Federation are published in the journal “Collection of Legislation of the Russian Federation” and magazine “Bulletin of the Constitutional Court of the Russian Federation”.

n Normative acts of the legislative and executive bodies of the subjects of the federation and bodies local government are published in special local and regional publications, which you can check with these bodies or your local library.

In the last (ie 52) issue of the Collection of Legislation of the Russian Federation for each year, an alphabetical index of published documents is printed, which greatly facilitates their search. The same indexes are published in latest issue every self-respecting legal magazine or newspaper.

Links to official publications usually look like this: “SZ RF, 1996 No. 3, Art. 140". This means that the document was published in the third issue of the Collection of Legislation of the Russian Federation for 1996, in article 140. The article number in this case is serial number document since the beginning of the year. If several issues of a magazine or newspaper are listed separated by commas, this means that they contain changes or additions to the document.

Previously, publications in which official documents were printed were called differently.

Until 1994, Laws, Decrees and other documents of the Congress of People's Deputies of the Russian Federation (RSFSR) and the Supreme Council of the Russian Federation (RSFSR) were published in the journal “Vedomosti of the Congress of People's Deputies of the Russian Federation (RSFSR) and the Supreme Soviet of the Russian Federation (RSFSR)”. The rulings of the Constitutional Court of the Russian Federation and the most important decrees of the President of the Russian Federation were also published there.

Even earlier, before the Congresses began to be convened, this magazine was called "Vedomosti of the Supreme Council of the RSFSR".

Acts of the President and Government of the Russian Federation until 1994 were published in the journal "Collection of acts of the President and the Government of the Russian Federation".

Even earlier, acts of the Government of Russia (the post of President did not exist then) were published in the journal “Collection of Decrees of the Government of the Russian Federation (RSFSR)”, and the decrees of the Government of the USSR were published in "Collection of Decrees of the Government of the USSR".

Normative acts of ministries and departments former USSR published in a magazine “Bulletin of ministries and departments of the USSR”.

2. Unofficial publications

There are many legal and non-legal publications that publish regulations. It is simply impossible to list all of them. As an example, I will cite the “Economic Newspaper” and the magazine “Economy and Law”.

So the easiest way to find desired document- is to go to the library and take a binder of official or unofficial publications. Official publications have the advantage that documents are published in them in chronological order, and in the unofficial ones, only what seems important to the publisher and in the order that he considers most convenient is printed. At the same time, unofficial publications publish not only normative acts, but also comments on them, which can be very useful.

So, if you know where the document you need is printed, then you just have to find this issue of the newspaper or magazine.

If you know the approximate time when it was adopted or published, then you can view all issues of the official publication for this period.

If you only know the topic you want to search for normative act, you can use the alphabetical index in the latest issue of the official publication. But in this case you will have to look alphabetical indexes for all last years to make sure you didn't miss anything, as well as the entire binder for this year, for which the pointer has not yet been printed.

3. Collections of normative acts

This is, for example, the book “Housing Legislation”, which contains the main documents on housing law in force at the time of its publication. Compared to magazines or newspapers, the collection is more convenient to use, but has the disadvantage that the documents printed in it can quickly become outdated.

Today, various publishers offer a huge amount of legal literature. It can be found almost anywhere, but it is best to contact a specialized store, where there is usually big choice. And the inhabitants of the hinterland can order books by cash on delivery (that is, with payment at the post office upon receipt) or by prepayment according to publishers' catalogs.

4. Computer databases.

This is the best remedy to search for documents, since modern legislation is a huge amount of information. For example, the legal base of "Garant-Maximum" as of July 12, 2003 included 324,712 documents, among which there are one-page documents, and there are also multi-volume acts such as, for example, the Civil Code of the Russian Federation.

Legal databases are specially designed to store a large amount of information and help you navigate it. They are also good because, with regular updates, they make it possible to work with the latest versions of documents.

Those. the owner of the legal base does not need to carry a stack of magazines to the court, in which both the document itself and amendments to it are printed, and constantly leaf through them. Instead, he can print the latest revision of the document.

In good databases, the text of any law contains comments on it and links to other acts that are related to it. That is, while reading the law, you can immediately find out about all the documents that regulate the same issue, clarify or supplement it, as well as instantly display them on the screen and print. Agree that it is much easier than re-reading a mountain of literature, risking missing the most important things there.

The main databases are: “Your Right”, “Guarantor”, “Consultant+”, “Code”, “Referent”, etc.

I will not talk about which one is better, so that I would not be suspected of its advertising, but for myself I have already decided this question. I can only say that databases differ in price, volume of documents, search methods, etc.

For those who are seriously involved in law, I recommend choosing a database with extensive search capabilities (by topic, by situation, by details of documents, etc.) and with the largest number comments and references to normative acts. A good base should provide for the possibility of an instant transition to the document referred to in the text of the law. But this is not enough. It should contain additional comments and references to documents that are not mentioned in the text but are related to it.

After all, it is possible to find a document without a legal basis, but it will be very difficult to find other documents related to it without it.

Legal bases are expensive, and not even every lawyer can afford to buy them. Even more expensive is the computer, which you need to have in order for them to work, and not lie in the closet in the form of CDs.

In this article, I will go into detail about where lawyers look for laws and share useful links. I will tell you what sources of official publication are, why they are needed and why it is easier to search for laws in special programs.

I always smile when I hear: “This law is on the Internet!” As if the global network is the highest authority rolled into one, and it will definitely not let you down. In fact, there are real people behind each site, and somewhere they update the information, but somewhere they post it once and no longer make changes. This is how incidents happen when people refer to laws that exist on the Internet, but no longer apply.

Posting the text of the new law on some random site or hanging posters in the lobby of the district library will not work. The official publication has its own strict sources. These sources are indicated in Federal Law No. 5-FZ of June 14, 1994 and Decree of the President of the Russian Federation No. 763 of May 23, 1996. There are only 4 such official publishers in Russia.

Sources of official publication of normative legal acts of the Russian Federation

1. - the name of this publication speaks for itself - laws, and acts of the President of the Russian Federation, and acts of the Government of the Russian Federation, and decisions of the Constitutional Court of the Russian Federation, and other important documents are published here. The Collection of Legislation has been published since 1994 weekly in the form of issues. In fact, this is a dry edition of acts. Not a glossy news magazine. You can always see how the issues of the Collection of Legislation look like, and what they print there, on the official website - www.szrf.ru

2. - a completely different edition. There is also legislation, and news, and pictures. "Parliamentary newspaper" is a publication of our legislative body - the Federal Assembly of the Russian Federation, which consists of two chambers - the Federation Council and the State Duma. Therefore, in the "Parliamentary newspaper" we will not find any acts of the President of the Russian Federation, nor acts of the Government of the Russian Federation. Laws are published here - federal constitutional (FKZ), federal (FZ), and other acts of the Federal Assembly of the Russian Federation itself, plus news: about politics, economics, culture, incidents, and the like. The newspaper has been published since 1997 and is published weekly. The Parliamentary Newspaper also has an official website - www.pnp.ru. There you can buy a fresh or archived issue of the newspaper in pdf format.

3. - as a rule, known to people more often. I suspect you have heard of her. This is a publication of the Government of the Russian Federation. The first issue of Rossiyskaya Gazeta was published in 1990. Since then, the newspaper has been published both daily and weekly, depending on the city of Russia - Moscow, Novosibirsk, Irkutsk, Kaliningrad, etc. In addition to news about life in Russia and in the world, Rossiyskaya Gazeta is the official publisher of laws, other acts of parliament, acts of the President of the Russian Federation and the Government of the Russian Federation, decisions of the Constitutional Court of the Russian Federation, acts of the Central Election Commission of the Russian Federation and other significant documents. The newspaper also has an official website - www.rg.ru.
Rossiyskaya Gazeta is good tool to check the accuracy of news in the spirit of “they recently adopted such a law ...” To find out if it was really “adopted”, use the search on the newspaper’s website - it is located in the upper right corner home page. To search, just use keywords.

4. - www.pravo.gov.ru. This resource is electronic only. The portal has become the official publisher of acts since 2011. Laws, other acts of parliament, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, international treaties, as well as other significant documents are published here.

This ended the sources of official publication of documents. A logical question arises: what about all the others - websites, newspapers, collections - do they publish laws (and other acts) illegally? Legal. It's just that the other sources do not have the obligation to be an official publisher and publish the document within the time period established by law. Therefore, it is possible to publish the texts of laws in other (additional) sources. All this is stated in Article 5 of the Federal Law of 06/14/1994 No. 5-FZ and in paragraph 3 of the Decree of the President of the Russian Federation of 05/23/1996 No. 763.

There is another very important point why official publishers are needed - in order to count the date the law (or other act) enters into force. For example, in the text of the federal law we read: "this law shall enter into force on the day of its official publication." The day of its official publication is considered the first publication of the full text in any of the four official sources (Article 4 of the Federal Law of June 14, 1994 No. 5-FZ).

Now for an unexpected twist. All these official publishers are required to publish full text law for the first time. If an amendment to the law is adopted, the obligation arises to publish only the text of the new law on the amendment. I quote Article 9 of Federal Law No. 5-FZ of June 14, 1994: federal constitutional law, federal law, act of the chamber of the Federal Assembly, which has been amended or supplemented, may be officially re-published in full .

Reference legal systems in Russia or g where lawyers look for laws

Back in 2003, when I was in my first year at the Faculty of Law, my colleagues and I regularly bought the texts of all the laws we needed in a bookstore and carried them with us like textbooks. On the cover of each such law was the inscription: "as of ... on the" date. month. year ". This meant that outside this date, the text of the law may be in force in a different edition. For example, article number 5 could have been different, and number 6 exactly the same. Then we were taught this: buy a fresh issue of a Russian newspaper, cut out the text of the required article of the law in a new edition and paste it over old version. But it was, to put it mildly, not very convenient.

Now everything is much easier. Students bring their smartphones to lectures, which, along with Instagram and WhatsApp, have all the laws (and other acts) at once - in the right edition, in full. The miracles were not created by a bunch of sites on the Internet, but by legal reference systems (SRS for short) - special programs that have made life easier for millions (if not more) of lawyers and anyone who needs accurate legal information. About them, wonderful, further.

SPS are state and non-state, paid and free. In order not to overload you with legal subtleties, I will tell you about the 3 most famous systems in our country and show how their work differs using the example of the same request. So, let's start with the state system.

System "Legislation of Russia"

Full title - Information- legal system"Legislation of Russia". This program is located on the website of the official publisher www. pavo.gov.ru at this link. The program is free and works 24/7. Tests of the documents posted there are considered official. This is evidenced by Decrees of the President of the Russian Federation of 04/05/1994 No. 662 and of 05/23/1996 No. 763.

Let's try to find the Federal Law "On Limited Liability Companies" in this system using a simple query "LLC Law". We enter these keywords in the "intelligent search" line, like this:

We press "Search" and we get the result - 532 documents in which the words from my query simply occur, but each separately, and not in the title. Among the first 40 documents, there was even a Decree of the Chief Sanitary Doctor of the Russian Federation, but there was no text of the law itself.
Let's try an advanced search for the same keywords:
As a result, we get only 2 documents: the Resolution of the State Duma of the Russian Federation and the Resolution of the Constitutional Court of the Russian Federation, the text of the law itself is still not found.
Finally, to put a search point, I did an advanced search for the law by the number and date of adoption (I believe the system is waiting for them previously found somewhere or memorized by heart). Of course, after such a request, the law appeared. With all changes and additions - the text in the current edition.

When I showed such an example of searching to my students in a lecture, they perceived it as a trick and immediately began to check it in their smartphones. Searched. Received the same. Almost 5 years have passed since my last lecture and before writing this article. Focus can be shown further.

So, a brief summary of the IRS "Legislation of Russia" - free of charge, 24/7, a large database of documents, official texts, but it is not easy to find a document.

We move on and consider non-state SPS - "Consultant Plus" and "Garant". Commercial systems are distinguished by good links between documents. In the language of programmers - relinking. This is not a dry publication of the texts of laws (and other acts), it is a human-readable tool for reading legal information. You can compare the old and new edition, view the comment to the required article of the law, find judicial practice, just find out the answer to the question, get legal instructions and much more.

Both "Garant" and "ConsultantPlus" in their full versions work offline and for a fee. It is here that the lawyers of our vast Motherland draw their knowledge. Why is it non-lawyers? - you ask. Will explain. Each of these systems has a free online version with the most popular documents, that is, not the entire database, but there is a lot of everything you need in the public domain. Even a first grader can search for documents. Now I'll show you how it works.

"Consultant Plus" system

The full name is the reference legal system "Consultant Plus". The online program is available at the link: www.consultant.ru. The website of "Consultant" appeared in 1997, and the system itself even earlier - in 1992. For future human rights activists, the world of "Consultant" opened in 2004, when the company began to send out its CDs with small but high-quality databases of documents to the law faculties of the country, collected specifically for students. For a year there were 2 disks (documents were updated). We took these discs from the dean's office, installed them on our home computers and were glad that, finally, all the "correct" documents were at hand. That's how the marketing strategy of "Consultant" was correctly built.

If you have read Maxim Batyrev's book "45 tattoos sold. Rules for those who sell and manage", then you probably remember the author's own story - about how he sold the "ConsultantPlus" program and what lessons he learned from this experience. Of course, nothing is written about the program itself in the book. Therefore, let's move on from stories to business and see how the free online version of the "Consultant" works and how the search for documents here differs from the system "Legislation of Russia" discussed above.

We use a familiar search query and find "LLC law". Let's do a search right from the main page:

I suspect that the result obtained does not need comments:

Documents that are open are marked with a green checkmark. If the document is closed in free version, you will see a "red brick". There is #lifehack: more documents open in evening time and on weekends.

Other commercial system, also available in the free version, is called Garant.

"Garant" system

The free version of the system is available at www.garant.ru. "Guarantor appeared in 1990. A group of Moscow State University students created a computer guide to the Code of Labor Laws. Then a small reference system appeared with a small number of updated documents, the first sales of this system were made in the same 1990. And then the students parted ways and it turned out two commercial brands - "Garant" and "ConsultantPlus"

Today, the Garant website is more like a legal portal - here you can find news, documents, and even advertising banners. Let's check the search for documents by the key phrase "law on LLC". We enter the words in the search bar also on the main page:

We also get the Federal Law we need as a result in the first place:

The issuance interface is different here, so choose the program that seems more convenient to you.

I did a search for the phrase "LLC law" as an example. You can search in these systems not only for laws, but also for other documents. For example, the application form for registration of an individual entrepreneur, the official rules for filling out this application and much more.

One small #lifehack on business: cross search in different systems . For example, if you are looking for a document on the "Consultant" website, and it is "closed" there, try searching for it in the "Guarantor". If it is not available there either, arm yourself with the exact details (both "Consultant" and "Garant" will certainly show them) and go to www.pravo.gov.ru to find the document in the Russian Legislation system.

There are other SPS. For example, the Code and TechExpert. There are many different GOSTs, SanPins, SNIPs and so on in "TechExpert" (but in general there are much fewer documents than in the same "Consultant"). Cross search also applies to these systems.

Remember, at the very beginning of the article I told you about the official publishers - "Collection of Legislation of the Russian Federation", "Parliamentskaya Gazeta", "Rossiyskaya Gazeta" and the www.pravo.gov.ru portal? Now we close the puzzle - "Consultant" and "Guarantor" do not belong here. These systems publish documents very user-friendly, make professional instructions and reviews, but are not sources of official publication. Millions of lawyers trust these systems based on established practice and reputation. Therefore, each document in the "Guarantor" and "Consultant" has a reference indicating the sources of publication.

This concludes my review. Good luck with your search and accurate legal documents.
And see you at Pravodox!

In accordance with the Constitution of the Russian Federation, the legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, the legislative (representative) bodies of the constituent entities of the Russian Federation, as well as the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

All draft laws are submitted in the prescribed manner to the State Duma.

A special procedure is established only for bills on taxes and fees and those that provide for expenditures from the federal budget.

Before submitting them to the State Duma, these bills must necessarily receive the conclusion of the Government of the Russian Federation.

Normative legal acts are adopted as a result of lawmaking by authorized state bodies.

Law-making is a rather capacious process that takes a certain period of time.

It consists of special stages or so-called stages:

• First, the state body makes a proposal for the adoption of a particular legal act and provides its draft - this is the first stage.
• Then there is a discussion of the draft normative act - this is the second stage.
• This is followed by the third stage - the adoption, as well as the approval of this project by the authorized state body.
• And the last, final stage of law-making is the promulgation of an official normative act, i.e. bringing it to the attention of citizens.

If a final stage not fulfilled - the normative act will not be binding - this is expressly stated in paragraph 3 of Art. 15 of the Constitution of the Russian Federation.

In addition, the texts of acts can be published in electronic form by the Federal State Unitary Enterprise "Scientific and Technical Center for Legal Information" System "of the Federal Security Service of the Russian Federation, as well as in other print media, brought to the attention of citizens on television and radio, etc.

Entry into legal force of the normative Acts of the President occurs throughout Russia at a time after 7 days from the date of their official publication.

All other acts of the President, as well as those that constitute state secrets, come into force from the day they are signed.

Acts of the Government that regulate the rights, freedoms and duties of a person and a citizen, as well as establish the legal status of federal executive bodies and organizations, enter into force 7 days after their first official publication.

All other types of acts of the Government come into force from the moment of their signing. In addition, these documents may establish a different procedure for their entry into force.

For normative acts of federal executive bodies, their registration with the Ministry of Justice of the Russian Federation is mandatory, and their further official publication in Rossiyskaya Gazeta. Official publication is made within 10 days after registration.

In addition, the official publication is the publication of the texts of these acts in the Bulletin of normative acts of federal executive bodies. public institution- Publishing House "Legal Literature" of the Administration of the President of the Russian Federation.

The procedure for the publication and entry into force of municipal legal acts

The charter of each municipality contains an indication of the order in which they are published, i.e. municipal legal acts are communicated to the public, and the procedure for their entry into force is established.

The exception is legal acts regulating taxes and fees - their procedure for entry into force is established by the Tax Code of the Russian Federation.

As well as local acts that regulate the rights, freedoms and duties of a person and a citizen, according to general rule come into force from the moment of their official publication.