Муниципальные правовые нормы: обзор и особенности

Type of law in municipalities
A by law (bye law, by(e)law, by(e) law), also known in the United States as bylaws, is a set of rules or law established by an organization or community so as to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by laws may exercise. By laws may be established by entities such as a business corporation, a neighbourhood association, or depending on the jurisdiction, a municipality. In the United Kingdom and some Commonwealth countries, the local laws established by municipalities are referred to as by(e) laws because their scope is regulated by the central governments of those nations. Accordingly, a bylaw enforcement officer is the Canadian equivalent of the American Code Enforcement Officer or Municipal Regulations Enforcement Officer. In the United States, the federal government and most state governments have no direct ability to regulate the single provisions of municipal law. As a result, terms such as code, ordinance, or regulation, if not simply law, are more common.

The Merriam Webster Dictionary indicates that the origin of the word by law is from the English word bilawe, probably from Old Norse *bȳlǫg, from Old Norse bȳr town + lag , lǫg law. The earliest use of the term, which originates from the Viking town law in the Danelaw, wherein by is the Old Norse word for a larger settlement as in Whitby and Derby (compare with the modern Danish Norwegian word by meaning town, or the modern Swedish word by, meaning village). However, it is also possible that this usage was forgotten and the word was "reinvented" in modern times through the use of the adverbial prefix by giving the meaning of subsidiary law or side law (as in byway). Local government by laws are the most prevalent type of by law in Australia, and regulate such things as parking, drinking alcohol in public places, fire prevention, and zoning controls. In New South Wales these by laws are called ordinances, and zoning controls are called Environmental Planning Instruments created under the Environmental Planning and Assessment Act. Numerous specific institutions, including universities, are also empowered to make by laws by their establishing legislation. By laws of a company or society are created as a contract among members, and a formal process must be followed to adopt or amend them. Strata title was developed in Australia and by laws of body corporate are also empowered by state legislation. Many people come into contact with strata by laws on a regular basis, since they affect what people living in strata title housing can do in their homes. The most well known of these is the "no pets in flats" rule.

Corporate and organizational by laws regulate only the organization to which they apply and are generally concerned with the operation of the organization, setting out the form, manner, or procedure in which a company or organisation should be run. Corporate by laws are drafted by a corporation's founders or directors under the authority of its charter or articles of incorporation.

By laws widely vary from organization to organization, but generally cover topics such as the purpose of the organization, who are its members, how directors are elected, how meetings are conducted, and what officers the organization will have and a description of their duties. A common mnemonic device for remembering the typical articles in by laws is NOMOMECPA, pronounced "No mommy, see pa!" It stands for name, object, members, officers, meetings, executive board, committees, parliamentary authority, amendment. Organizations may use a book such as Robert's Rules of Order Newly Revised for guidelines on the content of their by laws. This book has a sample set of by laws of the type that a small, independent society might adopt. The wording of the by laws has to be precise. Otherwise, the meaning may be open to interpretation. In such cases, the organization decides how to interpret its by laws and may use guidelines for interpretation.

Usually, one of the last sections in the by laws describes the procedures for amending them. It describes who can amend them (usually the membership, but it could be the organization's board of directors), how much notice is needed, and how much of a vote is needed. A typical requirement is a two thirds vote provided that previous notice was given or a majority of all the members.

In parliamentary procedure, including Robert's Rules of Order, the by laws are generally the supreme governing document of an organization, superseded only by the charter of an incorporated society. The by laws contain the most fundamental principles and rules regarding the nature of the organization.

In some countries, trade unions generally have constitutions, which govern activities of the international office of the union as well as how it interfaces with its locals. The locals themselves can set up their own by laws to set out internal rules for how to conduct activities. In other countries, such as the United Kingdom, union by laws are sometimes a subset of the union's constitution or implement the union's rules in more detail.

Nonprofit organizations in the United States applying for Federal Tax Exemption Status are required to adopt bylaws for their organizations. Bylaws for nonprofit organizations by themselves are more of an internal organizing document than required by most states but are necessary for filing for nonprofit 501(c)(3) tax exemption application using the Form 1023.