Legal and Technical Features of the Preamble of Normative Legal Acts of the Ministry of Internal Affairs of Russia

Abstract

The article discusses the technical and legal features of the use of the preamble in regulatory legal acts. The relevance of the topic lies in the unjustified belittling, both by the legislator and by the scientific community, of the meaning of the preamble in the structure of the normative legal act. The insignificant volume of the provisions of the preamble has a huge technical, legal, cultural and educational significance, determines the further mental activity of the subject, contributes to raising the level of legal awareness and legal culture, acts as a means of legal education. The motivational nature of the preamble determines the vector of not only normative and law enforcement, but also interpretative activity. The conducted research made it possible to identify the following technical and legal features of the design of the introductory part of regulatory legal acts: 1) the absence in the rules for the preparation of draft normative legal acts of various levels of imperative inclusion of the preamble in the structure of the document; 2) legislative consolidation of the provision that the preamble does not have the property of normativity; 3) the absence of motives for its adoption among the elements of the introductory part. The imperative provision on the presence of a preamble in the structure of normative legal acts having the highest legal force, as well as the indication in the preamble of the motives for issuing the act, seems theoretically overdue and practically justified.