The US Constitution - Legal provision of social work

The Constitution of the United States

According to Art. 15 of the US Constitution, it has the highest legal force, direct effect and is applied throughout the United States. Laws and other legal acts adopted in the United States should not contradict the US Constitution. The Constitution of the United States forms and consolidates the basic principles of legal regulation, the foundations of the constitutional system of the United States, basic human rights and freedoms, the federal state system, determines the system of state power, forms and types of property, the basis of sectoral legislation, the principles of organization and functioning of local self-government.

Federal Constitutional Laws

(FKZ) are accepted in cases directly stipulated by the US Constitution. They have the same legal force as the Constitution, they are issued only on issues expressly indicated in it; after the new Constitution is adopted as a matter of priority.

Federal Laws

(FZ): adopted by the State Duma and subject to approval by the Federation Council, operate throughout the United States, should not contradict the Constitution and the FKZ, are subject to official publication, adopted in pursuance of the Constitution and the FKZ.

Thus, it is possible to indicate the following differences between federal constitutional laws and federal laws:

1) by legal force (federal constitutional laws are of great legal force);

2) on the subjects of reference that may be affected in them (federal constitutional laws are issued only on issues stipulated in the Constitution itself);

3) in the order of adoption (for the adoption of a federal constitutional law, a qualified majority of votes is required);

4) If the President of the United States applies a suspensive veto regarding them (federal constitutional laws can not be rejected by the President, unlike federal laws).

The laws of the United States are adopted by the legislative (representative) bodies of state power of the United States entity, operate in the territory of the United States entity, are adopted on issues of joint jurisdiction of the United States and US subjects, and on matters within the competence of the United States, FKZ, FZ and the constitutions (charters) of the US subjects.

The by-law is a kind of normative legal act issued by the authorized body on the basis and in compliance with the law for its further concretization and development, have less legal force than the law. The legal force of by-laws and the scope of their actions depend on the body that issued the act.

Normative legal acts of the President of the United States . In accordance with Art. 90 of the US Constitution, the President issues decrees and orders. Acts of the President of the United States are accepted, as a rule, in the form of decrees. The decrees and orders of the President are powerful acts binding on the entire territory of the United States.

According to the legal characteristics, decrees and orders of the President are divided into normative and individual. The normative includes decrees and orders containing rules of law - general rules of conduct designed for repeated application, to individual - decrees and orders that relate to specific relations or certain persons, acts of the President of the United States on appointment or dismissal.

Edicts and orders issued by the US President must not contradict the US Constitution and the Federal Law. This requirement of the US Constitution determines the legality of the law-making activities of the US President.

In the absence of legislative regulation on a particular issue, the US President can, without violating the requirements of the US Constitution, issue a regulatory decree on this issue. However, the publication of such a decree is not an obstacle to the adoption by the Federal Assembly of a law on the same issue, while the content of the law can not be limited by the content of the relevant decree of the President of the United States.

Normative legal acts of the US Government.

The US government acts on the basis and in compliance with the US Constitution, Federal Laws and normative decrees of the US President.

The US government has the power to decide questions of the executive power that are assigned to the jurisdiction of the US, since they are not included under the Constitution of the United States and Federal Law in the competence of the US President and the Federal Assembly.

Acts of the US Government are adopted in the form of orders and orders that can not contradict the US Constitution, Federal Law, acts of the President of the United States.

Acts of the US Government have great power in relation to acts of federal executive bodies and acts of local authorities.

Decisions of the US Government are issued on issues that are of normative nature or the most significant; orders - on operational and other current issues.

The US Government shall enter into force from the date of their signing, unless otherwise provided in these acts.

The US government controls the implementation of legal acts it has adopted directly or through its subordinate bodies.

Resolutions and orders of the US Government in case of their conflict with the US Constitution, Federal Laws and decrees of the US President can be revoked by the President of the United States.

Departmental Acts.

Pursuant to US Government Resolution No. 1009 of August 13, 1997, "On Approval of the Rules for the Preparation of Normative Legal Acts of Federal Executive Bodies and their State Registration"; normative legal acts of federal executive bodies are issued on the basis of and pursuant to federal laws, decrees and orders of the President of the United States, decisions and orders of the US Government, as well as on the initiative of federal executive bodies within their competence in the form of decrees, orders, orders, regulations, instructions and regulations. The publication of normative legal acts (NAP) in the form of letters and telegrams is not allowed. Structural divisions and territorial bodies of federal executive bodies are not entitled to issue NRAs.

These bodies can issue the NRA jointly or by one body in agreement with the other.

Acts of executive authorities of the United States are subordinate in nature, are issued by the competent state authorities of the United States entities in the course of carrying out their activities and within the competence assigned to them, operate in the territory of a specific subject of the United States, are in strict hierarchy with respect to each other .

Local regulations are adopted in fairly wide areas of public activity (statutes, regulations, instructions, etc.) - They have acquired special significance in organizations regulating relations between the employer and employees. In the market economic relations, collective agreements, labor protection agreements and other acts of joint rulemaking acquire great regulatory significance. Local regulatory acts also include orders of the employer and administration of organizations adopted within their competence.

Local regulatory legal acts are classified as subordinate sources of law, which are at the lowest level of legal regulation. They have a limited scope and should not conflict with laws and other by-laws. The current labor legislation regulates in detail the procedure for the development and adoption of local regulations that become specific codes on the scale of individual organizations. For example, local normative acts in labor relations establish maximum standards for the duration of working hours, basic provisions on the procedure and methods for its distribution within a day, another calendar period, etc. Local acts can introduce incentives and incentives for employees of specific organizations, but they should not Sanctions not provided for by laws on liability shall be imposed.

Normative acts should be distinguished from non-normative, or individual, acts that have the following characteristics: they are adopted on the basis of normative legal acts, including laws; addressed to specific individuals or bodies; solve, as a rule, operational issues and cease to be effective in connection with the implementation of this individual act. These include the decrees of the President of the United States on the appointment of ministers, ambassadors, the conferment of honorary titles, etc. Individual acts are judgments of the court, judgments in civil disputes, orders of heads of management bodies.

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