ПРОБЛЕМА СООТНОШЕНИЯ ЛОКАЛЬНЫХ НОРМ ПРАВА С КОРПОРАТИВНЫМИ НОРМАМИ

Abstract

This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.