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PROBLEMATIC ISSUES OF CASES AGAINST DECISIONS, ACTIONS (INACTION) OF BODIES OF PUBLIC POWER, OFFICIALS, STATE AND MUNICIPAL EMPLOYEES

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PDF: Author(s): Alzhanova A. A., Davydova M. L., Dundukova S. A.,
Number of journal: 4(53) Date: November 2020
Annotation:

The question of the totality of the means and methods of protection of subjective rights of the persons concerned, as well as the list of grounds for appeal to the court against the public authority, is the most relevant at the present time. It should be noted that the state of law, which basic principle is the rule of law, is unthinkable without a remedy. In this connection, the administrative process is an important element of effective legal protection. This article analyzes the provisions of the Code of Administrative Procedure of the Russian Federation on the proceedings of the administrative cases against decisions, actions (inaction) of bodies of the state power, local government and other bodies, organizations with certain state powers, officials, state and municipal employees. Attention is drawn to the range of entities entitled to appeal a claim to the court. The article examines examples of the formal approach of judges to the application of the norms of Chapter 22 of the Code of Administrative Procedure of the Russian Federation. The conclusion is made about the necessity of studying some standards on the part of the legislator for the most accurate understanding of them by any law enforcement authority and for increasing their effectiveness. The authors analyze the judicial practice of the courts of appeal (Nizhny Novgorod regional court, Volgograd regional court) on this issue and propose possible solutions to the identified problems.

Keywords:

administrative proceedings, contesting acts of public authority, decisions and actions of public authorities, Code of Administrative Procedure of the Russian Federation, public authority, officials, state and municipal employees, judicial practice, court of appeal.

For citation:

Davydova M. L., Dundukova S. A., Alzhanova A. A. Problematic issues of cases against decisions, actions (inaction) of bodies of public power, officials, state and municipal employees. Business. Education. Law, 2020, no. 4, pp. 244–248. DOI: 10.25683/VOLBI.2020.53.407.