A legal contract is one of the main sources of law in the Russian Federation. This type of contractual legal acts is a fairly prominent part of the normative documents used in the framework of national and international law. This form of legal relations is more flexible and logical, since it is based on the agreement of the parties.
The essence of the legal contract
Resolution of the Supreme Court of the Russian Federation of April 27, 1993 N 5 differentiates all contractual legal acts into normative and individual ones. Individuals include those that are agreements between two specific parties, which can be both legal entities and citizens.
A regulatory contract is defined by this Resolution as a legal act that establishes legal norms and restrictions that are binding on a formally indefinite circle of persons. This circle can be very numerous and represent social or other groups united by a common formal feature. Such an agreement is designed for repeated application and its validity period does not depend on whether those specific legal relations that it establishes have arisen or terminated.
The type of legal contract and the scope of its application depends on who is the subject of lawmaking, endowed with the appropriate powers, i.e. from who is the party to them, or at least one of the parties. For such an agreement to have legal force and legal character, the state or subjects of the Federation, as well as municipal state bodies or any law-making bodies that have such a prerogative, must act as such a subject of lawmaking.
What are the legal and regulatory agreements
Regulatory treaties include treaties on the formation of the Federation and other forms of treaties to which the constituent entities of the Federation are parties or a party. The legal force of a normative legal treaty can also be given by the fact that its functioning in the form of a legal act and a source of law is sanctioned by the state. Such a transfer of law-making powers to the subjects of contractual law is carried out through the adoption of an appropriate law.
International treaties are also documents that relate to normative legal treaties, since they also regulate legal relations in certain areas of Russian law. This regulation does not take place directly, but indirectly, through federal laws or other regulations adopted as a result of these international agreements.
Many intra-federal legal treaties, for example, on the delineation of powers, can simultaneously establish norms in the field of budget, tax, natural resources, and customs law.
