Legal representation in contesting non-normative legal acts, decisions and actions (inaction)
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in contesting non-normative legal acts, decisions and actions (inaction). In our practice, we are faced with various types of [name of the category of disputes] disputes at different stages of resolution, including pre-trial and trial. Our advantage is extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers and lawyers.
Features associated with the contesting non-normative legal acts, decisions and actions (inaction) require an individual approach to each specific case and careful legal analysis.
Challenging non-normative legal acts, decisions and actions (inactions) of state bodies
A non-normative act of a state body or local government, and in cases provided for by law, also a normative act that does not comply with the law or other legal acts and violates civil rights and the interests of state (municipal) institutions protected by law, may be declared invalid by the court.
In accordance with part 1 of Article 198 of the Arbitration Procedure Code of the Russian Federation, organizations and other persons have the right to apply to the arbitration court with a statement declaring the decisions or actions (inaction) of state bodies illegal if they believe that the decision or action (inaction) does not comply with the law or otherwise normative legal act and violates their rights and legitimate interests in the field of entrepreneurial and other economic activities, creates additional obstacles to the implementation of key and other economic activities. Applications for invalidating non-normative legal acts, decisions and actions (inaction) are considered illegal by the arbitration court, if their consideration, according to federal law, is not within the competence of other courts. The specified application may be submitted to the arbitration court within three months from the day when the institution became aware of a violation of its rights and legitimate interests, unless otherwise provided by federal law. The deadline for apply good reason may be restored by the court.
An application for the recognition of non-normative legal acts invalid, decisions and actions (inaction) illegal is submitted to the arbitration court in writing or electronically (by filling out the form posted on the official website of the arbitration court on the Internet) (part 1 of article 125 of the Arbitration Procedure Code of the Russian Federation).
Сases of contesting non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials shall be examined by a judge solely within a period not exceeding three months from the date of receipt of the relevant application to the arbitration court, including the time period for preparing the case for trial and adoption Decisions in the case, unless otherwise provided by federal law.
- Legal analysis of documents and other evidence submitted by a client regarding the contesting non-normative legal acts, decisions and actions (inaction)
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on contesting non-normative legal acts, decisions and actions (inaction)