SPATIAL BOUNDARIES OF THE EFFECT OF NORMATIVE LEGAL ACTS

Abstract

The effect of a normative legal act in space is the ability of an act to create legal consequencesin a certain territory. Spatial (territorial) validity of legal acts is characterized by the amount of physical spacewithin which the relevant subjects of law are subject to the formal binding nature of such acts. The article definesthe concept of legal space as a set of social relations regulated by law in certain spatial and temporal dimensions.Within the legal space of the state, common standards are established in the humanitarian, political, socio-economicand information spheres, the unity of legal regulation of public relations is ensured, unified legislation is in force, and there is a consolidated legal system. Territorial, extraterritorial and exterritorial principles of the effectof normative legal act are considered. The concept of actual and conditional territory of the state is revealed. It isemphasized that normative acts of general action – laws of Ukraine, normative decrees of the President of Ukraine,resolutions of the Cabinet of Ministers of Ukraine, orders of ministries of interdepartmental character extend on allterritory of the state. Normative acts of local executive bodies and local self-government bodies have a territoriallylimited scope of effect. Extraterritorial effect has regulations governing private law relations with the participationof a foreign element. Extraterritorial effect of public law is possible in territories with an international regime(areas of space that are not covered by the sovereignty of any state; the legal status of such areas is determined byconventional international law, agreements between neighboring states); in territories with a mixed legal regime(in such territories the norms of international law and national legislation of coastal states operate simultaneously;they are not part of state territories, but coastal states in these areas have certain sovereign rights under national lawand international treaties – to intelligence and development of resources of these territories, etc.); in the territoriesof other states. The exterritorial principle is the non-extension of the normative legal act to certain territories.There are exterritoriality of the diplomatic mission of a foreign state; exterritoriality of military units, aircraftand ships located on the territory of a foreign state by special permission. The exterritorial principle is a kindof legal fiction. Certain parts of the territory of the state (houses of foreign embassies, consulates) are considered tobe not in the territory of the state where they actually exist, but are legally recognized that they are in the territoryof the state whose embassy is located in the house. Analysis of the principles of effect of normative legal acts inspace allows to find out the specifics of the territorial validity of normative legal acts and to take it into account inthe process of legal regulation of public relations. The spatial boundaries of normative legal acts must be clearlyand unambiguously enshrined in legislative acts, which will contribute to the effective action of normative legal actsand their implementation of their functional purpose.