Yu.V. Vasilieva. To the Problem of the Preamble Role in the Normatively- Legal Act

Abstract: The article is devoted to the methodological points of codification of the Russian legislation on social security. In accordance to the general theory of law, only normatevely-legal acts, i.e. the ones containing legal regulations are subject to the selection of legislation codification. However, in reality only a small number of acts consist of legal regulations. Moreoften normanevely-legal acts contain non-normative propositions as well, such as individual norms, appeals, addressings and preambles. Acts consisting both of legal regulations and non-normative propositions are considered to be subject to codification in particular. To be exact, only legal regulations will be selected for codification wheares non-normative propositions will be rejected. At the same time not all of the traditionally ranked with non-normative propositions are surely the ones, e.g. in the Russian juridical science the problem of the lawforce of the Preamble to the normative act is quite a moot point. There is no juridical securing of the preamble lawforce. Neither are there the requirements to what acts it should be and to its content. Law courts consider the Preamble role differently. There are cases when law courts in their desicions allege to the propositions of the Preamble but these cases are rare. The majority of scientists and practical workers regard that the preamble doesn’t have the normative character, can’t and mustn’t contain legal regulations, but only declarative propositions, addressings, etc. But there is another opinion. Some researchers are sure in the law Preamble being its part and because of that it can’t take part in legal regulation of those terms that are the law object. It is suggested that in the Preamble norms-principals or norms-definitions should be fixed. In the legislation on social security currently in force such examples take place. While selecting acts for the codification of the legislation on social security it’s necessary to mind the following. One mustn’t automatically exclude the Preamble from the text of the laws codified only for the reason of their not being officially acknowledged normative. It’s necessary to evaluate their content beforehand. The most fundamental Preambles must be transformed into the norms of the future code of social security. Besides, the future Code of social security itself must be provided with the detailed Preamble with politically-legal and social obligations of the Russian Federation in the sphere of social security fixed in it. The further development of the branch legislation must take place on the basis of those common principles that are formulated in the Code Preamble. Such principles, on the one hand, provide the internal unity of the Code itself. On the other hand, they systematize all branch acts uniting them by common meaning.