Joint temporal scope of normative and interpretative acts' concept: theory and practice

Abstract

The article is devoted to the declaring in Russian legal theory so called joint temporal scope of normative and interpretative legal acts concept. In accordance with that rule temporal scope of an interpretative act and a construed normative act coincides. So if a normative act terminates, an interpretative act will end too.
Firstly, the author draws attention to different ways of normative acts temporal action (for example, retroactivity). Secondly, the author highlights an essence of concept in question. The author concludes that the joint temporal rule is ambiguous and should be corrected.
Then the author goes to real situations occurred in legislation and legal practice (review of decisions on the basis of new circumstances, to be more precisely on the basis of new positions of the highest courts; perspective clause in the Highest Court of the Russian Federation decisions). These situations can be not resolved with the joint temporal rule of normative and interpretative legal acts. As a result, the author reaches the conclusion that so called joint temporal scope of normative and interpretative legal acts copncept should be reviewed. Moreover, it is possible to discuss on autonomous temporal rule of normative and interpretative legal acts. There are examples that interpretative act temporal scope can be not dependent on normative act temporal scope.