Circular ( German Zirkular , from lat. Circularis - circular ) - a letter sent by one author to many recipients .
In official correspondence, a letter (instruction, order, etc.) written by one person to a group of several officials , or a letter for all persons holding a certain position, was called a circular . Unlike the orders that resolve a particular case, circulars were usually of a general instructional nature [1] .
Content
- 1 Circular in the Russian Empire
- 1.1 Examples
- 2 Circular in the USSR
- 2.1 Examples
- 3 See also
- 4 notes
- 5 Links
Circular in the Russian Empire
In Russia of the imperial period, circulars , and especially those published by ministers, gained great importance [1] . Knowledge of practical law in many areas of administrative management was impossible without knowledge of the relevant circulars , which in some cases established independent rules, or in one way or another changed the meaning of the law [1] . This value of circulars in Russian administrative law was determined by:
- incompleteness and imperfection of Russian legislation in general;
- lack of legislation on the publication of circulars .
The incompleteness of laws often led to significant difficulties, therefore the Council of State recognized “the right of administrative authorities, in particular the highest, to determine, in cases for which there is no separate prescription of the law, details that elude the legislator” (Vytv. 20 Feb. 1873). opinion of state Sov.; was not published and was not included in the Code of Laws ). However, the question of the order in which the administration can exercise the above right - to clarify and replenish the laws, was not allowed by the current legislation, and also the ministerial circulars were ignored by the Code of Laws [1] .
According to Article 176, paragraph 6 of the Ministry of Education “General executive cases are submitted for permission of the governing Senate ..., 6) when there is a need to make a general (circular) order to clarify or confirm the existing rules” [1] [2] , that is, the circular must be published only by the governing senate, not ministries; in fact, this requirement was not fulfilled, and individual ministers constantly issued circulars [1] . The absence of legislative norms on their publication, supervision, appeal or cancellation could lead to the fact that the circular would not comply with the law, in the explanation of which it is issued, as well as to the establishment of rules that have no basis in law.
Examples
- “On the preservation of ancient buildings in the provinces” [3]
- “ On the reduction of gymnasium education ”
Circular in the USSR
Until 1936 - an official act regulated by law [4] , which was issued by the head of the People’s Commissariat [5] [6] . The procedure for publishing circulars, their publication, as well as protesting and suspension by the Central Executive Committees of the republics and the region (oblast) of the executive committees is the same with other acts that were issued by the people's commissariats, executive committees and other Soviet organizations [4] . A number of circulars were published by the NKVD , some of which are valid in Russia [7] .
Examples
- Circular of the People's Commissariat of Internal Affairs of the USSR No. 30. Moscow. Contents: On events serving the May Day holidays. April 13th, 1937. People's Commissar of Internal Affairs of the USSR General Commissioner of State Security N. Yezhov [8] .
See also
- Order
- Encyclical
Notes
- ↑ 1 2 3 4 5 6 Circular // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.
- ↑ Institutions of ministries. - Publication of the Codification Department under the State Council. - SPb. , 1892. - T. I, part II. - S. 25.
- ↑ Circular of the Ministry of Internal Affairs of December 14, 1827, PSZ 2. - T.II. - No. 1613, p.1070.
- ↑ 1 2 TSB, 1st ed., Vol. 60, 1934, st. 742
- ↑ Circular . © onlineslovari.com - ONLINE DICTIONARIES, 2009-2017. Date of treatment February 18, 2017.
- ↑ Circular - an article from the Great Soviet Encyclopedia .
- ↑ Large Legal Dictionary: Circular . © 2003-2009 "Bibliofond": Electronic library of dictionaries. Date of treatment February 18, 2017.
- ↑ Circular People's Commissariat Int. USSR Affairs No. 30 // Department of special. Funds Inform. Center of the Central Internal Affairs Directorate in the Samara region F. 5. Op. 1. D. 63. L. 54-58.
Links
- Circular - an article from the Great Soviet Encyclopedia .