Введение в действие федеральных кодексов: практика и проблемы законодательного обеспечения

Abstract

The practice of legislative activity on issues of ensuring the implementation of codes – system-forming federal legislative acts – is studied. Two models of legal support for the implementation of codes are identified: one of them presumes adoption of a separate federal law regulating these issues, while within the framework of the other, relevant regulations are included in the final and transitional provisions of the codes themselves. Analysis of the regulating practice of typical issues arising in connection with the adoption of codes is provided (including streamlining of the legal basis of relations in the relevant legal area, transformation of the legal statuses of subjects and objects of relations within the matter of the adopted code, etc.). It has been established that inclusion of provisions which, in terms of the subject of regulation, should relate directly to these codes, into introductory laws represents the most widespread and typical defect of legislative regulation ensuring the implementation of codes. It is proposed – in light of the discussed drafts of new codifications in Russian legislation – to adhere to a model within which federal laws on the implementation of codes are adopted. It is concluded that such laws should be strictly transitional in nature, while permanent regulations should either be integral part of the codes themselves, or be established by separate federal laws.