Legal acts of the President of the Russian Federation Kubatiev Magomed Gadzhievich. Dagestanis in Russia and beyond the cordon Lawyer Kubataev M

Do you think you are Russian? Born in the Soviet Socialist Republic and think you are Russian, Ukrainian, Belarusian? Ni. Tse not so.

You are truly Russian, Ukrainian and Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The new people associate themselves with these rices of the individual, as if they were postering the next day of the people. Tsey natural mechanism of power is greater than the living essences, like a dawn.

New people in the Soviet Socialist Republic spent a little of the first days of their mothers at least an hour of age, and for the most part of an hour, individuals slaughtered the staff of the canopy booth. Behind the marvelous zbіg, the stench of the boules (and the dossi are left) of the Jewish Jewish. Reception wild for its day and efficiency.

All the children were amazed at why you live in splendid non-native people. The native Jews on your path could work for you all for good, even though they were against them, and others were vilified. They can at once.

You can't fix it - one-time imprinting and for all life. It’s easy to understand, the instinct has taken shape, if you were too far from being able to formulate. From that moment, neither words nor details were saved. We have lost more than rice osіb at the depths of memory. Tі risi, yakі you are respected by your relatives.

3 comments

System that posterigach

Significantly, the system is like an object, the reason for that does not call for doubts.

The guardian of the system is an object that is not a part of the system guarded by it, so that its initial foundation can be brought through independent officials of the system.

Sposterigach z glance system є zherelom chaos - like keruyuchih vplivіv, і naslіdkіv vimіrіv vimirіv, yakі mayut causal-inherited connection with the system.

The internal guard is a potentially accessible object for the system, how much the inversion of the channels of the guard is possible and the flow that controls it.

Zovnishniy posterigach - to create an object that is potentially inaccessible for the system, which is known to be beyond the scope of the system (let's open it for a moment).

Hypothesis No. 1. All-seeing eye

Let's assume that our all-world is a system and may be a modern poster. Some visual vimiryuvannya can be used, for example, for the help of "gravitational vibrance" that permeates the universe from the sides of the call. Peretin entrapment of "gravitational vibration" in proportion to the mass of the object, and the projection of the "shadow" of the entrapment into another object is accepted as a force of gravity. It will be proportional to the mass of the objects and it will be wrapped in proportion to the difference between them, which signifies the width of the “shadow”.

The capture of the "gravitational vibration" by the object increases its randomness and is accepted by us for an hour. The object is opaque for the "gravitational vision", overflowing the hoarding of what is larger for the geometrical expansion, looking in the middle of the universe like a black dira.

Hypothesis №2. Internal poster

It is possible that our all-world will guard for itself. For example, for the help of pairs of quantum entangled particles spaced apart in the expanse like a standard. Todi expanse between them is more efficient in the process, which gives rise to qi particles, which reaches the maximum width on the periphery of the trajectory of these particles. The basis of these particles also means the daily trajectories of objects to reach the great cut of the suffocation, the gradual fading of the particles. Other allowances are left the same as for the first hypothesis, krim:

plin hour

A third-party warning of the object, which is approaching the horizon under the black wind, as the initial factor of the hour in the all-world є "outward posterigach", composes evenly vdvіchi - the shadow of the black wind crosses the river "externally half of the possible gravel vector". As well as the primary factor - "internal poster", then the darkness overlaps the entire trajectory of interdependence and for a long time the object, which falls into the black dirka, will again swell for a look from the side.

It also does not include the possibility of combining these hypotheses in this or that proportion.

Magomed Tallaev- General Director of the enterprise "Moscow plant of champagne wines". Moscow

Magomed Kubataev- Vlassnik technical and shopping center "Varshavsky". Moscow

Kazima Bulaeva– Doctor of Biological Sciences, Leading Scientific Researcher at the Institute of General Genetics of the Russian Academy of Sciences, a teacher of human genetics.

Abdul-Majid Magramov- Graduation student and nominee of the Moscow Hydrometeorological Institute. Candidate of technical sciences, general director of a manufacturing and trading company, an active participant and sponsor of rich visits to the Center of Culture. Having martyred his Muscovite fellow countryman, widow of the Hero of the Radyansky Union, pilot pilot Akhmed Khan Sultan with a rich koshta, having erected monuments to him in the airport of Makhachkala and on Prospekt Aviatoriv of Yaroslavl. Moscow

Rasul Aziev- Doctor of Chemical Sciences, Professor of MDU. The area of ​​scientific interests is the development of scientific ambushes for the creation of new energy-saving, high-intensity chemical-technological processes, which are characterized by a high level of safety. Prepared nearly 30 PhDs

Zaynutdin Magomedov– specialist in the field of physics of thin plaits and physical materials science, general director of ZAT Sigma-Optik. The company, inspired by him, is engaged in the development of equipment for ecology, medicine, control of food products and new technologies for the oil and gas complex.

Navruzbek Navruzbekov- Ker_vnik of the manufacturing company "Zetta". Moscow

Jennet Shamasova- Composer, Merit of the composers of Dagestan, member of the Composers' Union in Russia. The creations of D. Shamasova are victorious in Russia, Sweden, Finland, the USA. Moscow

Magomed Dibirov Head of the Department of Surgery, MDSMU, Head of the Association of Surgeons of Russia, Honored Doctor of Science of the Russian Federation, professor. Moscow

Sadulla Abakarov- Head of the Department, Dean of the Faculty of Dentistry of the RMA of Postgraduate Education, Honors of the Children of Science of the Russian Federation, Professor. Moscow

Oleksandr Zharkov- Ph.D. Moscow

Felix Shamkhalov- Professor, Corresponding Member of the Russian Academy of Sciences, graduated from the Moscow Commercial University with a degree in economics. At the breast graduating from the Russian Academy of State Service under the President of the Russian Federation for the specialty of State and Municipal Administration. I have earned a dissertation for the achievement of the scientific degree of Doctor of Economics. From the rock - the intercessor of the federal service clerk with a look at the sphere of education of science - the head secretary of the Higher Attestation Commission. Head of the scientific and editorial for the scientific and educational association "Economics" (Moscow), intercessor of the director of science of the Central Economic and Mathematical Institute of the Russian Academy of Sciences, president of the Russian public organization "Russian Club of Economists". Merit of the Hero of Science of the Russian Federation, Laureate of the State Prize for Science and Technology of the Russian Federation in 2001. Moscow

Ruslan Ibragimov- Permanent representative of the Republic of Dagestan near the Krasnodar Territory.

Oleksandr Zubairov- Head of the public organization "National-cultural autonomy of representatives of the Republic of Dagestan near Surgut".

Kaytmaz Avarskiy- In 1982 graduated from the Dagestan State Pedagogical Institute, faculty of art and graphics. Worked at the school and the Dagestan art school in Makhachkala. Have 1990 r. graduated from the postgraduate studies of the Tbilisi Sovereign Academy of Mystics. Worked as a scholarly scholar at the Dagestan branch of the Russian Academy of Sciences, at the Institute of History, Movies, Literature and Art. Z 1996 member of the Union of Artists of Russia. Є intercessor head PZ VTOO CXR.

From 2001 є the representative of the Republic of Dagestan near the Primorsky Territory. By the Seaside regional public organization "Dagestan Cultural Center Serir".

From 2004 cheruє Rada at the right of nationalities under the administration of the Nakhodka city district. Member of the Assembly for the People of Primor'ya. From 2006 - Director of the municipal mortgage of culture "Vernisazh" of the city of Nakhodka.

Nurmet Aliyev– 1982 graduated from the Kherson Marine School of Fisheries for the specialty “Operation of ship power plants” from the qualifications of a ship mechanic. 2002 graduated from the Faculty of Law of St. Petersburg State Engineering and Economic University.

From 1992-1994, he worked at the VAT "Dalmoreprodukt", from 1995 to 1999 - at the ZAT "Roliz", from 1999 - the general director of TOV "Sabina".

Since the beginning of 2003, he has been a deputy of the City Council of Vladivostok.

To enter the warehouse of the permanent commission on the budget, taxes and finances, the permanent commission on economic policy and municipal authority, the permanent commission on the city state. Vladivostok

Jarullah Ahadullayev - Kerivnik of the Ryazan regional Lezgin national-cultural autonomy. Ryazan

Judge Kapralova V.S. Right №33-3968/2013

APPEAL

The Judicial Collegium at the Civil Rights of the Moscow Regional Court

in warehouse:

the head judge Khapaeva S.B.

judge Galanova S.B., Shishkina I.V.

for Secretary Yankovskaya N.V.

rozglyanula in vіdkritomu ship zasіdannі 21 Dire 2013 roku apelyatsіynu Skarga Kubataєva Magomed Gadzhіyovicha on rіshennya Shahovskogo District Court Moskovskoї oblastі od 19 Breast-2012 rock in tsivіlnіy spravі for Call Kubataєva Magomed Gadzhіyovicha to Jafarov Farhad about nadannya Yurydychna poslug that for zustrіchnim Call Jafarov Farhad Faramazovicha to Kubataєva Magomed Gadzhiyovich about the recognition of the agreement on the provision of legal services is unsatisfactory.

Having heard the additional judge Galanova S.B., explanation Kubataev M.G., representative Dzhafarov F.F. - Vorontsova O.O.,

from t and n about in i la:

Kubataev M.G. having returned to court with a call to Jafarov F.F. about the collection of fees and percentages for the payment of penny coins for the contract on the provision of legal services from 21.02.2012 from the total amount

In the priming of the later ones, they indicated that on February 21, 2011, between him and Jafarovim F.F. the agreement was laid down, obviously to the minds of such Jafarov F.F. having entrusted you to the lawyer Kubataev M.G., and vin - the lawyer having taken on the bindings of the defender Dzhafarov F.F. for the filing of yoga interests with the SU at the UVS in the Odintsovo municipal district (forward investigation). According to the agreement dated 21.02.2011, the winery was bought from the rosemary for a month, and from 21 March 2011 for a month. Vin – Kubataev M.G. vykonuvav his shackles Zahista Dzhafarova F.F. on the front line. At the end of the contract, an advance payment was paid in the amount of.

November 19, 2012 F.F. Jafarov through his representative, having filed an urgent call for a statement about the exclusion of the above-appointed contract, it is not complied with.

In arranging his own, he could indicate that the agreement was signed by an independent subject, he did not have a specific assignment, tobto. legal services, yakі pozivach goitre zdіysniti for vіdpovіdacha, as well as not buv uzgodzheniya concrete rosemіr vitigorodi for juridical services.

At the ship's seat Kubataev M.G. I declared that I could help, I didn’t wait for the zustrіchny call statement.

The representative of the representative of the call with the callers did not wait long enough to call, I would call the statement and support it.

The court praised the decision, having left the call and the call of the voice without satisfaction.

From the decisions of the court, Kubataev M.G. did not wait, in an appeal, to ask the decision of the court to claim that the ruling violated the norms of substantive and procedural law.

Perevirivshi legality and imputation of the oskarzhuvana decision to the court between the arguments of the appellate skarga, vyvchivshi materials of the right, visluhavshi osib, what they announced, after discussing the skarga, the court board did not know the pidstav, peredbachenih Art. for skasuvannya decision to the court.

Encouraged by the satisfaction of the callers and the judges, the court of the first instance was able to certify part 1 of Art. , part 1 of Art. , that part 3 of Art. , part 1 of Art. , Articles 21, 25 of the Federal Law “On Advocacy and Advocacy in the Russian Federation” dated May 31, 2002 No. 63-F3.

The court is incremented, Scho Vіdpovyky to paragraph 1.2, struggled by the parties to the contract for the Naddannogiyvnikov, Posyvach, Posyvach, Pozіysnya, Posyalnіsti іndivіdulyu at the order of law-based Cabinet, having finished Zobov' Kaznyuvati Skist Vіdpovіdach Slіdchy Governance Moscow region. areas.

Kubataev M.G. є the only head of the lawyer's office, that zdіysnyuє lawyer's activity individually. The names are more negotiated wines, laying down and signing in the name of your name, singing it with the seal of your lawyer's office. The situation was appointed in accordance with the legal provisions of Articles 21, 25 of the Federal Law “On Advocacy and Advocacy in the Russian Federation” dated 31.05.2002 No. 63-F3.

Yak viplivaє of n. 2 title of the treaty is the Explanation pozivacha, concrete objects tsієї lands Bulo zdіysnennya pozivachem Zahist vіdpovіdacha in Slіdchomu upravlіnnі hydrocarbon Odintsіvskogo area Moskovskoї oblastі, oskіlki stosovno vіdpovіdacha zaznachenim body poperednogo rozslіduvannya Bulo Porush krimіnalnu Find our warehouse right behind zlochinіv, peredbachenih year. 4 tbsp. that part 2 of Art. . This situation is also verified by the SU MU MVS "Odintsovsk" on 25.07.2012.

The court also established, and the conclusion of the SU MU MVS "Odintsovske" dated 25.07.2012, the warrant dated 21.02.2011 confirms that positively the truth is zdijsnyuvavsya zahist vіdpovidach Dzhafarova F.F. at the appointed authority of the preliminary investigation in the framework of the violation of the law enforcement of criminal rights in the period from 21.02.2011 to 25.04.2012, itself on the basis of a signed contract on the provision of legal services on 21.02.2011 and written on the basis of such an agreement.

Evaluating the submissions from the right evidence for the rules of Art. , the court of the first instance of the court of the first instance of the court of the primed vysnovka about the speech at the satisfaction of the call statement of Dzhafarova F.F. to Kubataev M.G. about the recognition of the contract for the provision of legal services is inconsistent, the oskіlki on pіdstavі oskarzhuvanої vіdpovіdach pіd vіd 21.02.2011 poziv bulo was written vіdpovіdny warrant that, effectively, zdіysnyuvavsya zahist vіdpovіda on the front line of the order. , at the criminal justice, as a matter of fact, the bula was sent for review before the court,

Bring the representative of the agreement about those that in the agreement on the provision of legal services on 02/21/2011, the parties to the dispute did not agree on the specific number of services, that was not reached, please agree on the price of the agreement, the court ruled against the agreement, stating that the data were provided for the improvement of the actual payment of the actual payment , transferring legal services to the contract, we can’t lay down the contract with the help of powerful forces. In addition, the chinne legislature transfers other legal traces for establishing more civil and legal rights.

Vidpovidno up to part 1 of Art. the deputy of the goiter to pay the duty to him of the service at the line that is in order, designated in the contract of duty of service.

Vidpovidno up to part 3 of Art. in cases, if the price has not been transferred to the paid contract, it cannot be assigned beyond the minds of the contract, the contract may be paid for the price, as for the equal conditions, you may be charged for similar goods, robots and servants.

Yak vyplivaє іz p.3.1. agreement on the provision of legal services on 21.02.2011, the date of the date of service for the agreement was determined at this point of the agreement at the end of the month.

At the starting point 3.2. the contract stipulates that the payment for the lawyer’s service fee is to be paid 100% prepaid for the hour of laying down the contract from the designated service fee for the specific service, so that the increase in winegrowing and the order of payments are charged for a specific skin condition. I gave at the shackles at the designated point of the contract to send an addendum to the contract. When tsimu be-yakie addendum, pogodzheniya and signings between the parties to the contract for the vykonannya vykladenikh vkazіvok p.3.2. contract, not filed with the court.

For such data, the court of the first instance took the correct decision about those that the specific mind about the price of the contract (the cost of legal services) was not agreed between the parties under the first hour of the settlement, oskіlki clause 3.1. the agreement on the number of services should be supervised by paragraph 3.2 (the same about the number of services) of the contract. These circumstances do not allow for the appointment of a specific variety of legal services.

Vidpovіdno to the minds of the contract pozivach having given vіdpovіdachevі juridical services to yogo defender on the front line of the criminal justice, tobto. in criminal judiciary, the number of such services for criminal judiciary can be assigned to the Decree of the Russian Federation in 04.07.2003 N 400 "About the recognition of the lawyer's winery, which has the role of defender in criminal judiciary for the recognition of bodies of investigation, bodies of forward investigation."

By the Decree of Order of the Russian Federation, a vinification of wine was established for similar legal services of a lawyer, who takes a part as a defender in criminal jurisprudence for the recognition of bodies of investigation, bodies of forward investigation or a court.

So, it is clear that up to clause 1 of the ruling before the editorial board, introduced by the Decree of the Russian Federation on July 22, 2008 N 555, tobto. at the time of laying down by the parties to the agreement on the provision of legal services on 02/21/2011, that yogo vikonannya is positive, the amount of payment for the lawyer’s work, which takes part as a defender in the criminal justice system for the recognition of bodies of investigation, bodies of preliminary investigation or the court, becoming no less than that fate in one day no more., but for one day of participation, which is a non-working holy day or a weekend day, as well as at night time - no less and no more

As vyplyvaє z nayavnyh in the materials of references of the FSVP and the proviso of the Odintsovo Moscow Court of November 16, 2012, positively taking part in the defense of defense against criminal justice at the stage of forward investigation no more than 40 days in a row. There is no way to prove any evidence of another development.

At the same time, the explanation of the caller himself from the Danish right, the court established that, under the oskarzhuvanny contract of service on 21.02.2011, he took away the payment of such services, so that in total to become a larger sum, lower the maximum amount of the granted wine of the RF dated 04.07.2003 N 400

For such circumstances, the court's board will wait for the first instance court's notices about those declared vimoga Kubataev M.G. about the contraction of Jafarov F.F. fetching that percentage for the cost of pennies for a contract on the provision of legal services from 21.02.2011 at the rem., and also not satisfied.

Bring the appellate skarga to misfortune by submitting the skarga with praise from the right decisions, and not to avenge the charges, peredbachenih Art.

480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Dissertation - 480 rubles, shipping 10 whilin, tsіlodobovo, without holidays that is holy

240 rub. | 75 UAH | $3.75 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Abstract - 240 rubles, delivery 1-3 years, from 10-19 (Moscow hour), crim week

KUBATAEV MAGOMED GADZHIYOVYCH. LEGAL ACTS OF THE PRESIDENT OF THE RUSSIAN FEDERATION: Dissertation for the scientific degree of candidate of legal sciences: 12.00.02. - Moscow, 2000.

Entry

CHAPTER 1 Legal acts of the President of the Russian Federation, the form of implementation of the first constitutional amendments .

1 Understanding the legal nature of the legal act of the President of the Russian Federation 10

2 Classification and types of legal acts of the President of the Russian Federation 30

3 Preparation of the procedure for seeing legal acts of the President of Ukraine 58

ROZDIL 2 The field of legal acts of the President of the Russian Federation in the system of normative legal acts

1 Compliance with legal acts of the President of the Russian Federation and federal normative legal acts 81

2 Legal acts of the President of the Russian Federation and normative legal acts of the subjects of the Russian Federation 105

Visnovok 117

List of victorious literature 124

Introduction to work

Relevance of topics. Law "About the President of the RRFSR" dated April 24, 1991 characterizing the President as the naivishcha posadova of the RRFSR and the head of the vikonavchoi vlady in the URSR. At its own development, this institute has recognized the singing changes. With the adoption of the Constitution of the Russian Federation -1993, the status of the President of the Russian Federation was transformed from the head of the head of state to the head of the state. From the moment the post of the President was taken over, Russia may have passed ten years. The President performs most of his functions of the head of the state in view of the appearance of legal acts.

At the science of constitutional law, attempts were made to analyze the legal acts of the President of the Russian Federation, but the results were more importantly unsystematized, fragmentary in nature and were more or less the head of the decrees of the head of state. Ale was instructed by decrees of the Russian President to issue orders. Therefore, it is necessary to assign legal force as decrees, so the order, to show their criteria for separation.

Krim vishchezgadanikh aktіv, rosіyskiy President podpisuє raznomanіtnі sheets, vysnovki that zapiti, vidє documents program-political zmіstu - messenger, program, declare. Prote sproby їhngo complex analysis in the state-legal science robbed seldom.

The remaining legal acts of the President of the Russian Federation, it is possible to reveal the shortcomings of our current legal system and that way of their adoption. Qi furnishings were chosen by those of their dissertation achievement.

Stepin rozroblennosti those ta kolo dzherel. The problems of science related to the activities of the Russian President are constantly being rebuked at the center of the respect of rich scholars; lawyers, political scientists, representatives of sciences.

The theoretical basis of the dissertation research was formed by practical Russian scientists; V.O.Luchina, Yu.A.Tikhomirova, Due to the importance of introducing these and the riches of other scientists to the development of the problem and the status of the President of the Russian Federation, their fidelity, it is necessary, prote, indicative of the lack of expansion of the problem of the actors themselves, which are seen by the President of the Russian Federation, such features, official sign.

It is necessary to note the relevance of the scientific legal literature of the universal analysis and the generalization of the rule-making practice of the head of the Russian state.

In the dissertation, there are a wide number of legal dzherel, among them not only the Constitution of the Russian Federation of 1993, but also the constitutions of the RRFSR, the SRSR, the constitutions of such powers as the United States. France. Italy, Spain. Great Britain, Poland, Portugal, deeds of the constitutions of the krai - members of the Commonwealth of Independent Powers, laws of the SRSR RSFSR and the Russian Federation, federal constitutional and federal laws of the Russian Federation, indicate the order of the President of the SRSR and the President of the Russian Federation, acts of the Order of the Russian Federation, the Constitutional Court of the Russian Federation, bodies of the Russian Federation, subjects of the Federation. The theoretical basis of the dissertation was also laid by the message of the Russian President before the Federal Contests. The author completed analytical and statistical documents related to the duties of the President of the Russian Federation.

Meta and task for dissertation research.

The main method of the dissertation is to look at the processes of formation and development of the Presidential Institute in Russia; understanding of the legal nature of the legal acts of the head of state, their classification of types of activity, preparation of the order of appearance of legal acts of the President of the Russian Federation and the scope of legal acts of the President of the Russian Federation in the system of regulatory legal acts. At the link with the cim, the following order was delivered:

Analyze the Institute of the President, especially its functioning and development trends; reveal yoga space in the system of organs of the sovereign power of the Russian Federation;

Appreciate understanding, see the legal nature of the acts of the President of the Russian Federation, classify them;

Doslidit the problem of "decree law" and look at the issue of delegated lawmaking;

Designate the criteria for spiving the acts of the President of the Russian Federation and federal regulatory legal acts;

Reveal the spіvvіdnoshnja aktіv rosіyskogo President and normative-legal acts of the bodies of the sovereign power of the subjects of the Federation;

Methodological basis of research.

With the violation of putting the task to the mere reach of dissertation research, the author relied on modern methods of knowledge, revealed and developed by legal science and tested by practice. The work is explored in the methods of historical, comparative legal analysis. When Vivchennі Constitutsіyniy, Ta-Rovoyhnnya, the Methods of the Dialectic Pіznannya, Systems, Statistical Ta Logіchnya Pіjdzhnya, Іnshі Naukovі Priomy Domelіjdzhennya, Shaho Dosvalo Visnochiti The role of that value Aktіv President of the Russian Federation, Departure, Bastetitsky, Pov'jaznі zulving ... .

The scientific novelty of the dissertation is enhanced by looking at the number of foods, which were not previously the subject of scientific analysis.

The dissertation should be kept up to the first work, from the sacred history of the formation and development of the law-making activity of the President of the Russian Federation.

The complex systematization of the follow-up of legal acts of the head of the state allows to reveal the current day, legal nature, to analyze the practice of their past and record. The author introduces propositions on how to thoroughly legislate in the designations of the sphere.

The scientific novelty of the work is determined by the nature of the problems discussed, which are insufficiently developed in the legal literature (analysis of the constitutional and legal mechanism and practice of mutual relations between the President and the state authorities of the sub'єktіv of the Russian Federation, problems of delegated lawmaking in the Russian Federation).

On the basis of these results, the dissertation is promoted to improve the effectiveness of the interaction between the President of the Russian Federation and other bodies of state power.

This is the position to be blamed for zakhist.

Legal acts of the President of the Russian Federation, a form of implementation of the first constitutional improvement.

At the thought of the dissertation student, in the minds of the formation of a new legal system, it was necessary to continue the renewal of the President, according to the decrees of the legislator's character, which would have been used until the recruitment of the rank of federal laws, having formalized the prerogative on the constitutional level. The Constitution of Russia gives the President a special role in the mechanism. Realizing his povnovazhennia, the head of the state vydaє legal acts. The classification of these assets is promoted, depending on the competence of the head of state. There are such acts and official documents of the President of Russia: indicate, orders, messages, programs, concepts, regulations, doctrines, visnovkas, leaves, requests, declares. Usі voni vydayuetsya z method of implementation of internal and zvnіshnіh functions of the head of state, timchasovyh and postynyh, as well as odnosіbnyh and collegiate.

There is a need to give special legal force to the President's guardian envoy to the Federal Elections of Russia. The dissertator is blatant that the presidential messages are political and legal documents, as a guideline for legislative activity to parliament. In the same hour of the hundred and fifty federal order, their imperative is obvious.

Mіzh legal acts of the President of the Russian Federation, most often - decrees and orders, blame the protirichchya. Acti trapleyutsya, scho duplicate one of one. Virishiti tsі problems dopomozhe aknaishvidshe praise to the Law "On normative legal acts of the Russian Federation", as well as zagalnennya, systematization of acts of the head of state.

The active participation of the Russian President in the legislative process is to report on this significant contribution to the share of laws that are adopted. It is especially manifested at the stage of their signing, if the head of the state has the right to veto the adoption of the law by the Federal Elections. In our opinion, the constitutional right of the President of the Russian Federation must be drawn up not with a sheet, but with a decree of the head of state, shards:

2/ By decree and vetoed by a federal law adopted by the parliament, a hierarchy has been established.

If the Parliament gives a veto of the President of the Russian Federation to that or another federal law, and if the law revokes the Constitution in accordance with the procedure for adoption, then it is possible to secure for the President the right to apply to the Constitutional Court of the Russian Federation after the re-adoption of the law by the Federal Elections, and until the second public opinion that the law was praised for violating the procedure established by the Constitution of the Russian Federation. In this rank, one more / optional / stage of the legislative process is promoted. In connection with this, we should introduce a supplement to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” and the regulations of the Chambers of the Federal Elections. The federal constitutional law of the head of state on the goiter to sign everything without blame, but at the same time, at the time of consumption, is guilty of submitting it to the Constitutional Court of the Russian Federation with the method of approving the validity of analyzing the laws of the Constitution, procedural laws.

It is important to support the enforcement of decrees of the President of the Russian Federation and federal laws. Oskіlki Chinna The Constitution comes from the principle of the rule of law in the Russian Federation, the decree of the President is a sub-legislative act. However, on the contrary, if it is necessary for the legislator to revise the ranks of others, do not hesitate to transfer the right of the President to indicate that the law may be enforced, as it is timely, right up to the recruitment of rank by federal laws.

The robot is given respect for the problem of delegated lawmaking. Analyzing foreign constitutional practice, the author of the draft papers, that Russia has seen the need for the institution of the Delegation of Legislative Renewal to the President of the Parliament to allow the Head of State to legally give instructions for food, if they require legislative regulation.

The practical significance of the research is in the fact that there is a rich position and development, as well as a conceptual approach to the problems of the normative competence of the head of the Russian state, which can be done in a dissertation, but can be awarded in a practical robot at the order of the President of the Russian Federation of the regional administration. The final position of the dissertation can be taken to the point of respect in the process of preparation of the message of the President of the Russian Federation to the Federal Contests, other acts and documents of the head of state.

The results of the study are also important for the creation of a new constitutional model of state power in Russia.

Theoretical design of this work can be used in the course of lectures on the constitutional law of the Russian Federation and insurance in the development of special courses, basic and methodological aids. Approbation of the results of the research.

The main theoretical papers and the position of dissertation research published in the journal: Lawyer No. 5, 2000, and in the journal Advokatskaya Praktika, No. 2, 2000.

Understanding the legal nature of the legal act of the President of the Russian Federation

The normative-legal array of daedals has a greater role to play in the rest of the legal acts of the President. These signs require a thorough analysis, and the problem of legal acts of the President for our legal system is new, blamed even before the appearance of the first decrees, during the period of discussion of the supply of the Institute of the President of Russia. March 17, 1991 pitannyam: "Why do you care about the need to imprison the President of the RRFSR, who is elected by popular vote?" On this legal basis, the constitutional design of the Institute of the President began as a successful lanka of the higher legislators and legislative bodies of the RRFSR. At the third session of the Supreme Council for the sake of the RRFSR, de adopting the Law of the RRFSR "On the President of the RRFSR" and at the IV Three People's Deputies of the RRFSR, de approving the Law of the RRFSR "On Amending and Supplementing the Constitution (Basic Law) of the RRFSR", in a slogan, the context of the problem of the Constitution and indicate The President became the subject of discussion. The watermaker of thoughts was the food about the appointment of the office of the President in the ієrarchії Rosіyskoії ї zgidno zgіdno z principle podіlu vlady. It is noteworthy that the Law of the RRFSR "On the President of the RRFSR" dated April 24, 1991, fixing the legal status of the President as the supreme landowner and head of vikonavchoi power in the URSR, denoting the legislative and vikonavcho-ordering nature of his activity. It was argued, let’s think, from whom, that the President was given the right to see the decrees and orders for the improvement and viconomy of the Constitution and the laws of the RRFSR, the decision of the Order of People’s Deputies and the Supreme Council of the RRFSR. With such a clear "legal basis" for the adoption of decrees and the principle of subordination to sovereign power, the Verkhovna Rada of the RRFSR allowed for wide limits for the appointed activity of the President and guarantees of stability. Vіdpovіdno to st. 8 of the Law of the People's Deputies of the RSFSR, or the Verkhovna Rada of the RRFSR, on the basis of the Constitutional Court of the RRFSR, could order the President's decrees to the laws of the RRFSR, decisions of the Z'ezd of People's Deputies and the Verkhovna Rada of the Ukrainian SSR. The Constitutional Court actually passed as an arbitrator in the evaluation of the constitutionality of the decree of the President Z'izdom people's deputies or the Verkhovna Rada of the Ukrainian RSR. In this manner, the decrees of the President were given a high level of stability and self-sufficiency in the light of the will of legislators. Appointments at the Law on April 24, 1991 two forms of law enforcement activity

The President (decreeing that order) the priority nature of giving, without a doubt, decrees. Vіdpovіdno to the law, point out nothing not guilty of the Constitution's super-clearance and laws, vikonnanny obov'yazkovo throughout the entire territory of the RRFSR and skasovuvat їkh іz dotrimannym sevnoї procedures could Z'zd of People's Deputies and the Verkhovny Rada of the RRFSR. The mustache meant the decree as the main act of establishing the competence of the President, without intermediary enshrined in the Constitution and the laws of the RRFSR and that from the basic constitutional principles under the rule. Ordering the role of an act of operational, individual and often organizational-character was introduced. IV Z'yzd of people's deputies of the RRFSR deshcho scoring the position of the legislator by decree of nature and її vydnosnoї independence against the law. Law of the RRFSR "On amendments to the amendments to the Constitution (Basic Law) of the RRFSR" dated January 24, 1991 giving the Z'ezd of People's Deputies and the Supreme Council of the RSFSR the right to vote on the decree of the President of the RSFSR, without expressly mentioning its decision on the super-clearness of the bodies in the structure of state power of the RRFSR, and the Z'zd of People's Deputies of the RSFSR - also the necessary laying down of the Constitutional Court of the RSFSR.

Classification and type of legal acts of the President of the Russian Federation

Constitution of the Russian Federation 1993 enshrined instructed by the most important democratic principles the principle of "podіlu vladi". Jogie Sens Polyaguє, Persh for everything, at the unacceptable concentrations of Vіієї, in one-s.

The President of Russia is given a special role in the mechanism of the structure of state power, also special competence, enshrined in the Constitution of the Russian Federation. Vaughn ohoplyuє all aspects of sovereign activity and may complex nature.

Establish different classifications of the importance of the President of the Russian Federation. The widest is the differentiation of them beyond the spheres of supremacy and sovereign life.

It is also possible to confirm that most of the functions of the head of state are realized by looking at the sight of legal acts.

Vіdpovіdno to st. 90 of the Constitution of the Russian Federation, the President of the Russian Federation decrees that orders are not guilty of superstition to the Basic and federal laws. There is no direct mention of the legality of these acts, but in the scientific literature, their legal nature is recognized by the obvious majority of lawyers. There is a reasonable proposition to indicate on the obov'yazkovy validity of all acts of the President of the Russian Federation to the main sources of law, without intermediary fixing it in the Russian Constitution.

It is necessary to clarify why the difference is between decrees and orders. Sound first place for the significance attached to decrees. The stinks, with their own devilry, are subdivided into normative and individual / law enforcement /. At the thought of A.A. Belkin, such a classification of legal acts, є simple and “beyond the distance between the possibilities of constitutional protection”. Imovirno, but from the legal point of view, more precisely, the decrees of the President of the Russian Federation seem to be foldable. In the scientific literature, a normative legal act is characterized as an official document of law-making by the competent authority, which seeks to avenge legal norms.

The concept of a normative legal act was repeatedly given in the initiative projects to the law on normative legal acts of the Russian Federation in 1992, 1993, 1995, 1997, and later. The rest of the draft, published in 1999, art. 2 rozrakhovanih on bagatorazov zastosuvannya). Normative decrees of the President of the Russian Federation to avenge the rules of law, regulate various spheres of social life, may have a legally binding character, law enforcement - to be of an individually-one-time nature and are taken from specific power management 'Language rules of behavior, directing to the regulation of a wide number of suspensions, repayments for permanent or trival activity and addressing to an unspecified number of subjects.

The non-normative /law enforcement/ decree is the form of the introduction of the President of the Russian Federation’s own refurbishment of food, insurance for a one-time sale and is permanently personified.

Spivvіdnoshennia of legal acts of the President of the Russian Federation and federal normative legal acts

Nutrition about the enforcement of federal legal acts and legal acts of the President and the most pressing problem in the enforcement of laws and other regulatory acts. And here you can see how about the mutual normative acts, and the regulation is between two "equally great" ones, without intermediary robbing the people of power. With the above said, let's go to the analysis of the enforcement of the laws of the Russian Federation and the legal acts of the President.

Vіdpovіdno to st. 90 of the Constitution, the President of the Russian Federation of the form, indicate the order of how and є obov'yazykovymi for vikonanny on the entire territory of the Russian Federation (parts 1 and 2, article 90). Only one thing has been established for the legal force of the decrees: the stench is not due to the super-legal constitution of the Constitution and the laws of the Russian Federation (part 3 of article 90). Yakshcho z the text of Art. 90 of the Constitution, it should be noted that they are not named as sub-legislative acts (the words "are seen on the basis of laws" are daily). But it is also not said that you yourself indicate the basis for seeing the decrees of the presidents of the republics, the resolutions of the constituent entities of the Federation and other normative acts "along the vertical" of the government. І tse not vipadkove promo. It shows the essence of federal mutual relations in a democratic state. At the borders of the competence of the Federation, instruct the President about obov'yazkovі vspіvat on the entire territory of the Russian Federation to all bodies, townships, and citizens. The only mind for whom is the validity of the decrees of the Constitution and the laws of the Russian Federation. Prote itself the Constitution of the Russian Federation and the state constitutions of the republics, the statutes of the regions and the laws on autonomy, as well as the Federal Agreement of March 31, 1992, surround these obov'yazkovist with the subjects of the jurisdiction of the Federation. All those who are to go for interi by the subject of the authority of the SPILY IZ Sub'Kati of the Federal District of Rosіyskoi Federation, does not obey the decrees of the President of Rosіyskoi Fedeiti, and the QueenAvchi Callations of the San'KTIV Federal District Majut Right to Constitutsіїї та ТодівійЙ , statutes of regions and statutes and laws on autonomy (Article 66). SPECTRY PERSONNYY ROMEGOZUVANNY SPIRY Vedennya federal organіv ta organіv sub'KTIV fedioni visit to the fundamental of the Constitutional Republic of Rosіyskoji by the Constitutional Federal District of the Federal State University Tom їzhtsii, and the supervisions about the Compets MІZH federal bodies of the Dvnusheniy Vladi Bodybuilding Federation (paragraph "b" part 3, article 125).

At once, the new Constitution established an important provision about the unity of the system of victorious power in the Russian Federation at the borders of the federal government, as well as the sleepy government of the Russian Federation and її sub'єktiv (part 2 of article 77). Tse means that the authorities of the vikonavchoi rule of the subjects of the Federation of goiters are to live up to the enactment of the laws and acts of the federal authorities of the vikonavchoi government of Russia. The President of the Russian Federation has the right to vindicate the annual procedures for the resolution of distinctions from these laws (part 1 of article 85), and also has the right to appoint the deeds of the bodies of the victorious authorities of the sub-“acts of the Federation” in terms of super-judiciousness of these acts of the Constitution.

Russian Federation, international goiter

Russia, or the rights and freedoms of a person and a hromadain are violated to the end of their food by a competent court (part 2 of article 85). These norms may be the most important for the preservation of the unity of the Russian state and the real implementation of the laws and decrees of the President of the Russian Federation.

No less important is the support of the enforcement of decrees of the President of the Russian Federation with federal laws.

Vihіdnim camp here are those who, by order of the President, cannot super-read the Constitution and the laws of the Russian Federation. Before the praise of the new Constitution of 1993, the decrees of the President often set the norms of the legislator, tobto. so that you can be regulated by law. In quiet situations, if there is an obvious clearing in the law, then the norms, like bi, obstruct the norms that are in the law. Napriklad, Presidential Decree Rosіyskoї Federatsії zaprovadzhuvalisya normalized pіdvischennya rіvnya mіnіmalnoї Pay pratsі that pensіy on Pevnyi perіod, stvoryuvalisya rіznі federalnі Fondi deyakі INSHI organi upravlіnnya, Hoca structure sake Mіnіstrіv pіdlyagala vregulyuvannyu in Zakonі about Radu Mіnіstrіv (Article 130 Konstitutsії Rosіyskoї Federatsії -. Russie іz changes to the chest 1992). Violation of the vicious laws in case of this was often not blamed, but in fact the President, as a bivicor, indicated to fill the legislative gaps, violating the functions of the legislator.

The new Constitution of the Russian Federation comes from the principle of the supremacy of the Constitution and laws of the Federation throughout the territory of Russia (part 2, article 4). All organs of state power, organs of local self-regulation, townspeople, communities and their joint goiter to comply with the Constitution of the Russian Federation and laws (part 2 of article 15).

Legal acts of the President of the Russian Federation and normative legal acts of the subjects of the Russian Federation

Acts of the President and Heads of the Republics. The constitutional legislation of the Russian Federation and її subjects has the status of the heads of the republics, regions and others. The price of a new institution of Russian statehood, and to that power acts are no longer formed as a variety of legal array. Pokhіdnіst aktіv vіd character status аnd obligation аpоnovаlіnеn tаn presidentsіv і heads of republics, governors and heads of administrations serve to explain their high role and breadth of food regulation.

You see, the main signs of legal acts of the heads of the subjects of the Russian Federation are enshrined in constitutions and statutes, in the laws of the subjects of the Federation on normative legal acts. The similarity of the name does not include, however, the authority of the substaffs to accept those other assets. Let's explain.

The republican constitutions regulate the status of the presidents of the republics and the main power of legal acts, which are seen by them. It doesn't matter if you remember, how much different you can imagine accepting such assets.

Vіdpovіdno to st. 97 of the Constitution of the Republic of Bashkortostan at the borders of its new importance on the basis and on the basis of official legislation, the President has indicated that order, re-verifying it. Acts of impromptu superficiality of the Constitution and the laws of the Republic, obedience to vykonanny throughout the territory of the Republic.

The Constitution of the Republic of Mariy El has established that the President must give orders. Draft decrees on nutrition, on the functioning of the Uryad, are discussed during the session (Article 83). Decree that the order of the Head of the Republic of Mordovia cannot override the Constitution of the Russian Federation and federal laws, the Constitution and the laws of the Republic (Article 72). At the Constitution of the Republic of Sakha (Yakutia) there is a short camp - at the end of its own renovation, the President has given orders (Article 73).

Pokazovy short perelіk deyakih ukazіv President Respublіki Tatarstan - about stvorennya aktsіonernogo tovaristva, about privatizatsіyu of companies palivno-energetichnogo complex, about regulyuvannya orendnih vіdnosin that privatizatsіyu Lane Reigning that public utilities of companies building in Orenda, about Tatarske agency іntelektualnoї vlasnostі, about the order posvіdchennya operatsіy of the trucking please, about the registration and publication of normative acts of ministries and departments, about the sovereign support of the reception, about the supplements, come in for the defense of the labor rights of the community, about the sovereign social insurance, about the creation of the information agency, A lot of decrees are seen in the sphere of sovereign life - illumine the state agencies too.

As you can see, near the food, yakі vyrіshuyus for additional decrees, even wider. The stench is great for the vaga normo-establishment, for the minds of the minds of other federal and republican laws, and the need to implement the rights of the republic.

Introduced as an example Decree of the President of the Republic of Tatarstan on stimulating foreign investment in the Republic of Tatarstan, dated July 31, 1994. In order to implement the Law of the Republic of Tatarstan "On foreign investments in the Republic of Tatarstan", the creation of friendly minds of investing foreign capital in the Republic of Tatarstan. Zvіlneno of 1 sіchnya 1995 roku pіdpriєmstva of іnozemnimi іnvestitsіyami, zareєstrovanі on teritorії Respublіki Tatarstan, SSMSC zaymayutsya virobnitstvom tovarіv that nadannyam poslug have yakih paid chastka іnozemnih іnvestorіv in їhnomu statutory fondі becoming not less then 30%, and in ekvіvalentnіy sumі not less then 1 mіlyona dolarіv United States, in order to pay a tax on income, in part, which is insured to the republican budget, in a line for three years, in income, in a part, which is insured to the republican budget, in a line for five years, as the designation of enterprises is created for direct business , which are determined by the legislation of the Republic of Tatarstan; in the main term three rocks. Newly created enterprises from foreign investments receive taxes from their state registration.

It was decided to give land plots to foreign investors in the power and dovgostrokov lease on the minds, appointed by the land legislation of the Republic of Tatarstan.

Akti, governors and heads of administrations. The statutes of the territories, regions and other subjects of the Russian Federation have the status of governors, heads of administrations and are assigned to see legal acts that they see. For example, the Head of the Administration of the Arkhangelsk Region takes decisions within its competence, including normative ones (clause 2, article 29). At the Statute of the Nizhny Novgorod region, a goal is being awarded. 12 "Acts of the regional administration". The governor has decreed that the order, ensured their vikonannya. Qi acts are sent to the legislature at the triday term, crime of acts for the supply of organizational and material and technical security of the activity of the self-administration. Acts of the governor є obov'yazkovimi to vikonannya. The workers of structural subdivisions of the Administration see punishments (Article 45). As you can see, the governor's acts are deducted from the riches of the administrative acts.