The legal nature of acts containing explanatory legislation and possessing normative qualities

Abstract

In the administrative legal proceeding there was fixed right to litigate acts of public authority, organizations and officials, containing explanations of legislation and possessing regulatory characteristics. Authorizing to litigate these acts, the legislator realized suggestions, made earlier by scientists, about legalization of a separate type of act along with legal and individual acts, namely acts, which fix the result of legal interpretation of legal norms. The legislator cannot make specified regulation of all variety of public relations, established absolutely precise norms, falling under all events of life. Thereby in real situations law-enforcer can have some problems in understanding of several norms, which reproduce conditions to indefinitely wide limits of judgment and optional realization, at the same time it can lead to violation of rights and legal interests of participants of these legal relations. Mentioned circumstances caused state-authorized necessity in fulfillment of integrated practice of law-enforcement activity by means of edition of law expository acts. While explaining legal norms, it is not allowed to change, to expand or to restrict to their semantic meaning. Law explanation enforces, expands possibility of legal regulation, but it doesn’t actually influence on public relations and that is why administrative law explanatory acts are not applicable to the category of legal sources (form of fixation of legal norms). Contribution of the authors: the authors contributed equally to this article. The authors declare no conflicts of interests.