Challenging Legal Acts
Legal services (legal assistance) for representing in court in disputes in cases of contesting legal acts
Any normative legal act has such features as: its publication in the prescribed manner by authorized authorities; the content of legal norms binding on an indefinite circle of persons and aimed at repeated application.
If a normative legal act violates the rights and legitimate interests of citizens and / or organizations, such legal acts are subject to appeal with subsequent cancellation (in case they are declared invalid).
Taking into account the fact that legal acts apply to an indefinite circle of persons, the facts of their inconsistency with the law and the violation by such acts of the rights and legitimate interests of individuals and legal entities cause a huge public outcry. The order of settlement of certain types of legal relations of a wide range of persons depends on the fidelity of the issuance of a court decision.
The procedure for considering disputes on contesting legal acts
Administrative cases under their jurisdiction on the protection of violated or contested rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of organizations arising from administrative and other public legal relations, including administrative cases, are considered and resolved. At the same time, cases arising from public legal relations and referred by federal law to the competence of arbitration courts are not subject to consideration.
Cases on contesting normative legal acts affecting the rights and legitimate interests of persons in the field of entrepreneurial and other economic activities are considered by an arbitration court according to the general rules of action proceedings provided for by the Arbitration Procedure Code of the Russian Federation, with the features established in Chapter 23 of the Arbitration Procedure Code of the Russian Federation.
When submitting applications, both to a court of general jurisdiction and to an arbitration court, the application must indicate the name and details of the NLA, which has great legal force and for compliance with which the contested act or its individual provisions must be checked. At the same time, the Administrative Code contains a requirement to indicate information about the application of the disputed regulatory legal act to the administrative plaintiff or that the administrative plaintiff is the subject of relations regulated by this act. The Arbitration Procedure Code of the Russian Federation contains a similar requirement with a slightly different wording. Namely, the need to indicate the rights and legitimate interests of the applicant, which, in his opinion, are violated by the challenged act or its individual provisions.