LawState and Law

Normative contract

The regulatory legal agreement is an agreement that contains legal norms. The authorized state bodies take part in it.

A normative treaty is mandatory for a formally indeterminate and numerous group of individuals. This agreement has been calculated for repeated use, it operates regardless of the origin or termination of specific legal relationships. The agreements on the delimitation of powers and subjects of reference between the bodies of the constituent entities of the Russian Federation and the RF authorities are numerous.

The normative contract has a legal basis, which is in the current legislation. These agreements perform the function of lawful, concretizing and supplementing the legislation.

Normative contract always involves the participation of the state body. At the same time, the legal force of the agreement is higher the higher the state body occupies in the management hierarchy.

The normative contract is in the interest of the public, with a view to achieving the common good. In other words, public goals are predominant.

A normative contract is an agreement containing rules that are designed to regulate the behavior of not only its immediate participants (parties), but also other actors. Thus, the agreement has external legal effect.

There is a strictly formal, special procedure for concluding a normative treaty, a special procedure for dealing with conflicts and disputes that are associated with its execution.

Unilateral refusal to perform or change the contractual terms is not allowed. It should also be noted that the concept of "force majeure" (force majeure) is not applied in this case.

Normative contracts are characterized by publicity, the general availability of conditions. In some cases, official publication is used. In view of the fact that the above agreement is generally binding, confidentiality clauses are not applied.

Normative contracts are the legal basis for the formation of administrative acts, the conclusion of agreements of an individual nature, the implementation of other actions that have legal significance.

Normative contracts are quite common in labor law. Contracts, agreements, agreements containing legal norms can be a source of law. In Russia, collective agreements between employers and trade unions are very common.

Normative contracts are sources of law in those states that form a market economy, and state power is exercised in a legal form. In particular, the Russian Federation belongs to such states. So, in 1992, on March 31, the Federative Treaty, which, undoubtedly, has a normative character, became the basis for the formation of an independent state - Russia.

In international law, normative agreements are considered to be the main form. The international treaty is an agreement between states and other entities, which is concluded on issues of common interest to the participants. The principles and norms contained in the above agreement ensure the regulation of mutual relations through the formation of mutual duties and rights. According to the wording of the Vienna Convention on the Law of International Agreements, such contracts are concluded in writing. Thus, from 1992 to 1998, the Russian Ministry of Internal Affairs concluded about thirty agreements with the relevant foreign departments. The Ministry of Internal Affairs of Russia, in addition, participated in the fulfillment of obligations under more than 400 international agreements of the Russian Federation with other countries on combating crime in the world.

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