In this regard, they are guided by the principle of territorial validity of a regulatory legal act, i.e. its effect extends to that territory, bodies state power which the act was issued.
The principle of territorial action is connected with the principle of state sovereignty. The power of the state is limited by its territorial, spatial limits, and the effect of its decrees cannot go beyond these limits.
The territory of the state refers to all spatial objects within the borders of the state and under its jurisdiction (terrestrial surface, territorial and internal waters, subsoil, airspace). Military vessels on the high seas and in the territorial waters of other states, non-military vessels on the high seas, and territories of embassies are also considered to be the territory of a state.
In space, normative legal acts act in different ways. Some act in the entire space under the jurisdiction of the state (for example, the constitution, criminal, civil codes), some only in part of the territory (for example, charters, electoral laws of the subjects of the federation, acts adopted for the totality of territories - for example, Far North Russia).
But the territorial principle of operation of normative legal acts is not absolute. Some of them may be extraterritorial in nature. Thus, normative legal acts issued on the territory of one state may be recognized and act on the territory of another, one administrative-territorial unit on the territory of another. This is achieved through the conclusion of interstate agreements, or the adoption of national legislation regulating conflicts between the norms of various parts of the state.
The principle of territorial validity of normative legal acts also predetermines their effect on persons. That is, the prescriptions of a normative legal act apply to all the subjects indicated in it, and located in the territory of the act.
From this general rule there are exceptions:
1) persons exercising the right of extraterritoriality (for example, heads of state, diplomatic representatives and members of their families) must obey the law of the host country, but measures of state coercion (sanctions of legal norms) of this country cannot be applied to them;
2) foreigners and stateless persons cannot be subjects of certain legal relations (for example, to be elected to public authorities, to serve in the army, to be commanders of aircraft and water vessels).
Citizens and state bodies must fully obey the laws of their state, even if they are located on the territory of a foreign state (here, the territorial effect of the act is replaced by the action on persons. These entities are simultaneously under the spatial effect of foreign law and the personal effect of their national law. The principle "Law follows face."
The action of NPAs is closely connected with territorial boundaries. circle action, meaning to which subjects they apply. In accordance with the general rule, NA applies to all persons located in the territory of this act. However, there are exceptions to this rule. The criminal legislation of the Russian Federation also applies to citizens of Russia who are outside its borders. Some representatives of foreign states located on the territory of Russia, for example, ambassadors and heads of state and government, are endowed with so-called diplomatic immunity, which means that if they commit an offense, the issue of their responsibility is resolved through diplomacy.
In preparing this work, materials from the site http://www.studentu.ru were used.
The action of a normative legal act in space means that its norms are subject to mandatory implementation in a certain territory, the territory of the state or its part. The state territory is understood as part the globe which is under the sovereignty of a particular state. The composition of the territory of the state includes land, subsoil, water and air space lying above land and water. Land is the entire land area within the borders of the state. The water area is made up of internal waters and territorial waters (a strip of coastal sea waters of a certain width, measured from the low tide line). The subsoil located under the land and water territories is the property of this state. The high-altitude limit of airspace is at the same time the line of demarcation between airspace and outer space. It is currently undefined. The lateral limits of the territory of the state are designated by state borders. Sometimes the term “conditional territory” is used, which includes objects located outside the state territory: air, sea, ships on the high seas and airspace, spaceships and other space objects, artificial islands and structures in the open sea, Antarctica, premises of diplomatic and consular missions. The sovereignty of the state extends to this “conditional territory.” The procedure in accordance with which laws do not apply to a particular space or person is called extraterritoriality. The principle of extraterritoriality means that within the borders of any state, in accordance with the norms of international law, there may be parts of the territory and persons that are not subject to the jurisdiction of this state (for example, the territory of embassies, consulates). In space, regulatory legal acts can act as follows:
Spread over the entire territory of the state; Act only on some strictly defined part of the country; Intended for action outside the state, although, in accordance with the principles of state sovereignty, laws (other regulatory legal acts) are valid only on its territory. In accordance with Art. 68 of the Law of the Republic of Belarus "On regulatory legal acts in the Republic of Belarus": Normative legal acts of the republican state bodies are binding throughout the territory of the Republic of Belarus(but at the same time, the republican state body can determine its effect on a certain part of the territory of the state), normative legal acts of local government and self-government bodies - in the corresponding territory of the Republic of Belarus.
In some cases, legal norms may operate outside the Republic of Belarus. These include the rules on citizenship, the rules on criminal responsibility. The legislation of one state may be applied on the territory of another in cases where it is provided for by international treaties.
The action of the IPA in a circle of persons
The effect of a normative legal act on a circle of persons is subject to a general rule: it applies to all persons located in the territory of its operation and being its addressees, i.e. citizens of the state, foreigners, stateless persons, persons with dual citizenship, legal entities operating on the territory of the state.
According to the current legislation, there are two categories of foreigners on the territory of the Republic of Belarus: permanent residents and temporary residents. Foreign citizens permanently residing in the Republic of Belarus are those who have a permanent residence permit and a residence permit. A residence permit of a foreign citizen or stateless person is a document confirming the identity of a foreign citizen or stateless person who, in accordance with the legislation of the Republic of Belarus, has received permission to permanent place residence in the Republic of Belarus. Foreign citizens staying in the Republic of Belarus on a different legal basis are considered to be temporarily staying in the Republic of Belarus. Foreign citizens on the territory of the Republic of Belarus enjoy basically the same rights and freedoms as Belarusian citizens. In accordance with Article 1104 of the Civil Code of the Republic of Belarus, foreigners and stateless persons in the Republic of Belarus are granted national treatment, i.e. they enjoy civil legal capacity on an equal footing with citizens of the Republic of Belarus. Exceptions to the principle of national treatment are established only by the Constitution, laws and international treaties. An important feature The principle of national treatment in this case is that foreign citizens do not have any other rights, except for those granted to citizens of the Republic of Belarus. The main law that determines the general legal status of these persons is the Law of the Republic of Belarus "On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus" (dated June 3, 1993), as well as the Rules for the Stay of Foreign Citizens and Stateless Persons in the Republic of Belarus (dated January 26, 1996). ). .
Issues of legal capacity of individuals are resolved with the help of conflict of laws rules. Article 1104 of the Civil Code of the Republic of Belarus provides that legal capacity individual determined by his personal law. However, the civil legal capacity of an individual in relation to transactions made in the Republic of Belarus and obligations arising from the infliction of harm in the Republic of Belarus is determined by the legislation of the Republic of Belarus.
Persons endowed with diplomatic immunity include heads of state and government, employees of diplomatic missions, consulates and some other persons in accordance with international agreements. These persons enjoy personal inviolability. In the event that they commit a crime or administrative offense on the territory of the host country, the issue of liability is resolved through diplomatic channels.
The limits of the validity of normative legal acts in space is the limitation of the operation of a normative act only by the territory to which the sovereignty of the state or the competence of the relevant law-making body extends. These limits are determined on the basis of territorial and extraterritorial principles.
In accordance with the territorial principle, the effect of a normative legal act extends to the entire territory within the state or administrative boundaries of the activity of a law-making body. Thus, federal laws and other normative acts of federal authorities are valid throughout the territory of Russia, acts of the subjects of the Russian Federation - only on the territory of these subjects. Russian Federation, and acts of municipalities apply only within the boundaries of these administrative units.
Art. 13 Labor Code Collection of legislation of the Russian Federation. 2002. No. 1 (part 1). Art. 3; SZ RF 2002. No. 30. Art. 3014; SZ RF 2002. No. 30. Art. 3033; SZ RF 2003. No. 27 (part 1). Art. 2700. RF on the operation of laws and other regulatory legal acts containing norms labor law, in space. According to this article, legal acts adopted at the federal level extend their effect to labor and directly related relations throughout the entire territory of the Russian Federation, unless these acts themselves provide otherwise (part 1 of the article). Laws and other legal acts of the subjects of the Russian Federation containing labor law norms are valid within the territory of the corresponding subject of the Russian Federation (part 2). Acts of organs local government, containing labor law norms, are valid within the territory of the relevant municipality(part 3). Local regulations of organizations relating to the regulation of labor relations are valid only within the organizations that have adopted them (part 4).
The principle of territoriality is also formulated in the Criminal Code of the Russian Federation (Article 11 of the Criminal Code of the Russian Federation), while other options for the operation of the Criminal Code of the Russian Federation in space are allowed, if such are provided for by an international treaty. According to this article, the Criminal Code of the Russian Federation extends its effect to acts committed on the territory of the Russian Federation, within the territorial waters of the Russian Federation (12 nautical miles wide), as well as those committed on the continental shelf and in the exclusive economic zone of the Russian Federation.
Thus, a crime is considered committed on the territory of the Russian Federation if actions (inaction) were committed on the territory of the Russian Federation and socially dangerous consequences; or if actions (inaction) were committed on the territory of the Russian Federation, and socially dangerous consequences occurred outside its borders; or if the actions (inaction) were committed outside the Russian Federation, and socially dangerous consequences occurred on the territory of the Russian Federation.
The territory of any state is delineated by the state border, which is understood as a line and a vertical surface passing along it, defining the limits of the territory of land, bowels, waters, and airspace of the state.
Thus, the territory of the state includes:
- 1. part of the land (land territory) with internal water space (rivers, lakes, etc.) within the borders of the state;
- 2. inland waters. Article 1 of the Federal Law "On Inland Sea Waters, the Territorial Sea and the Contiguous Zone of the Russian Federation" dated July 31, 1998 (SZ RF. 1998. No. 31. Art. 3833) refers to internal sea waters Russian waters of seaports, bays, bays, bays, estuaries, the coasts of which belong to the Russian Federation according to the list established by the Government of the Russian Federation, as well as sea waters located away from the baselines from which the breadth of the territorial sea is measured. The term "territorial sea" refers to the sea belt adjacent to the land territory of the state or its internal sea waters within the limits of up to 12 nautical miles. In internal waters, the state, in accordance with international maritime law, fully exercises its sovereign rights and regulates the procedure for any type of activity, in contrast to the territorial sea, where the sovereign rights of states are limited to a certain extent;
- 3. airspace over the territory of the state, which is understood as the space over the land territory and the water area, including over the territorial waters. The lateral limits of a state's airspace are limited to state land and maritime boundaries. In the theory of international law, it is proposed to consider the upper limit of sovereign airspace as the border between air and outer space at an altitude of 100-110 km from the level of the World Ocean;
- 4. aircraft and sea vessels of the military and civil fleet, located on the high seas or in the air under the flag or emblem of the state;
- 5. space objects under the flag or emblem of the state;
- 6. the so-called "quasi-territory" (the territory of embassies or consulates enjoying a special legal regime).
In the Russian Federation, the continental shelf and the exclusive economic zone are not included in the territory of the state, however, it must be remembered that under Art. 11 of the Criminal Code of the Russian Federation, its effect extends to crimes committed within the continental shelf or in the exclusive economic zone, in other words, it is considered committed on the territory of the Russian Federation. Komarov S.A. General theory state and law: Textbook. 7th ed. - St. Petersburg: Peter, 2004. S. 253-254.
In accordance with the Constitution of the Russian Federation, the procedure for the operation of the norms of international law on the territory of Russia is determined. Generally accepted norms international law and international treaties of the Russian Federation are integral part its legal system. In accordance with the federal structure of the state, in Russia there is a priority of federal legislation, implemented by federal authorities within their competence, over the legislation of the constituent entities of the Russian Federation and local, municipal regulations.
Collision (conflict) of acts in connection with their action in a particular territory, as well as in connection with the competence of law-making bodies and the time of issuance of acts, is regulated by conflict rules, which are contained in the Constitution (Article 76) and in sectoral legislative acts. Alekseev S.S. Law: ABC - Theory - Philosophy: An Experience of Comprehensive Research. - M.: Statute, 1999. S. 95.
The extraterritoriality of the action of a normative legal act means the spread of legal acts of a given subject of lawmaking beyond the territorial boundaries of the activity of this subject.
In other words, the application on the territory of the Russian Federation of the legislation of foreign states is in some cases allowed, but only to the extent that it is allowed by national legislation and defined in an interstate agreement.
The order, according to which the action of normative legal acts does not apply to a particular space or persons, is called extraterritoriality.
Extraterritoriality acts in the form of immunity of diplomatic consular representatives, as well as the possibility of applying acts of a criminal law nature on the territory of another subject of the Federation where the crime was committed, regardless of where the offender was detained and prosecuted. Komarov S.A. General Theory of State and Law: Textbook. 7th ed. - St. Petersburg: Peter, 2004. S. 254.
The effect of normative legal acts in time continues from the moment they enter into force until the moment of loss of this force. Acts enter into force: 1) either from the time specified in the normative act itself or in a special act on its entry into force; 2) either from the moment of their adoption; 3) or after a certain period after their publication (promulgation).
Depending on the type of normative legal act, Russian legislation sets different deadlines for the entry into force of normative acts after their publication. Thus, as a general rule, federal laws enter into force on the entire territory of the Russian Federation simultaneously upon the expiration of ten days from the date of their official publication, unless the laws themselves establish a different procedure for their entry into force. Acts of the President of the Russian Federation, which are of a normative nature, shall enter into force simultaneously throughout the entire territory of Russia upon the expiration of seven days after their first official publication.
Decrees of the Government of the Russian Federation affecting the rights, freedoms and duties of a person and a citizen shall enter into force not earlier than the day of their official publication. Other resolutions of the Government of the Russian Federation shall enter into force from the day they are signed, unless the resolutions of the Government of the Russian Federation themselves provide for a different procedure for their entry into force.
Departmental normative acts come into force from the day they are assigned the procedure for state registration, unless the act itself establishes a later date for its entry into force.
Regulations lose their legal force as a result of various circumstances. If the act was issued for a certain period, it ceases to be valid after the expiration of this period. But most often the normative act loses its force due to its repeal. An indication of the abolition of the previous normative act is given in a new act replacing the old one, or in a special list of acts canceled in connection with the adoption of new acts. We can also name such situations when a normative act actually loses force due to: a) the issuance of a new act establishing a different procedure legal regulation; b) as a result of the adoption by the court of a decision on the recognition of the disputed in due course regulation that is contrary to federal law or another regulation that has a large legal entity.
As a general rule, normative acts do not have retroactive effect. This means in practice the following: if, for example, a property dispute arises or a crime is committed at a time when a law that has not yet been repealed was in force, the case must be resolved according to the law that was in force earlier, although by the time the case was considered, it had already been repealed or changed. Exceptions to the general rule are allowed in rare cases when the normative act itself provides that it can also be applied to events (actions) that occurred before its publication.
In Russian law, laws that abolish or mitigate criminal and administrative liability or otherwise improve the situation of persons who have committed an offense have retroactive effect. In some cases, retroactive effect is also recognized by civil law. For example, the operation of Art. 835 of the Civil Code of the Russian Federation extended to relations related to the attraction Money to deposits that arose earlier and were saved at the time of the entry into force of the second part of the Civil Code of the Russian Federation.
By action in space, normative legal acts differ depending on whether they apply to the entire territory of the country or to any precisely defined part of it, or are intended to be valid outside the country.
Acts of federal government bodies apply, as a rule, to the entire territory of the Russian Federation. The state territory of the Russian Federation is understood as the part of the globe under its sovereignty. It includes land, internal and territorial waters, the airspace above them, the earth's interior within state border; territory occupied by embassies. Objects equated to state territory are ships and aircraft, spaceships and stations carrying the Russian flag, submarine cables, pipelines and other objects belonging to Russia and located on the high seas or in outer space.
Acts of the constituent entities of the Russian Federation are valid on the territory of the republics, territories, regions, respectively. autonomous regions. And the normative acts of local self-government bodies are valid only in the territory under their jurisdiction. Thus, the effect of normative acts in space is directly dependent on the level of authority that adopted this act.
But the regulations issued higher authorities state authorities of the Russian Federation, may extend their action only to a certain part of the country, if this is expressly agreed upon when adopting a specific regulatory act. Thus, the introduction of a special regime for the activities of state bodies and funds mass media, provided for by the Federal Constitutional Law "On the state of emergency", is possible only in those territories where a state of emergency has been declared in the prescribed manner. The law-making body quite often in the act itself indicates the area (for example, the regions of the Far North, the zone of the Chernobyl accident), beyond which the act loses its regulatory impact.
At the same time, citizens of the Russian Federation who have committed crimes abroad, if they are brought to justice in the Russian Federation, are liable not according to the laws of the place where the crime was committed, but according to the Criminal Code of the Russian Federation.
The effect of normative acts on a circle of persons. Finding out the effect of this or that normative act on a circle of persons means determining to whom the instructions expressed in the norms are addressed.
In some cases, the differences in the operation of the norms of law on persons are already predetermined by the differences in the operation of the norms in space. Usually normative acts are obligatory for all subjects (citizens, legal entities, state bodies, organizations) located in a given territory. However, the spheres of action of normative acts in space and in terms of persons may not coincide. So, for example, the norms of the electoral law mandatory throughout Russia in terms of active suffrage do not apply to minors, as well as to mentally ill citizens, recognized by the court legally incompetent, and persons on the day of voting serving sentences in places of deprivation of liberty by a court verdict.
The specificity of various sectors of the economy leads to the emergence of norms that apply only to workers in this industry. Known, for example, are statutory benefits in pension provision for workers in the coal and metallurgical industries. Normative acts may not apply to all citizens, but only to those who occupy a certain official position. Thus, only officials recognized as such in accordance with the note to Art. 285 of the Criminal Code of the Russian Federation.
general principle Russian legislation is that both citizens of the Russian Federation and foreign citizens and stateless persons located on the territory of the Russian Federation fall under its action. However, there are exceptions to this rule. Firstly, there are such spheres of legal regulation where only a citizen of Russia can act as a subject of legal relations. Thus, service in the Armed Forces of Russia is the duty of its citizens exclusively. Therefore, the provisions of the Federal Law "On Military Duty and military service" of March 28, 1998 are addressed only to citizens of the Russian Federation. According to federal law"On the referendum of the Russian Federation" dated October 10, 1995, foreign citizens cannot take part in the popular vote. Secondly, an exception is made for those foreign citizens who, in accordance with applicable laws and international treaties concluded by Russia, enjoy diplomatic immunity (the right of extraterritoriality). Such persons (and these are ambassadors, envoys, chargé d'affaires, family members of diplomatic personnel, etc.) are not subject to the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation
