A.V. Yudin,

Doctor of Legal Sciences, Professor of the Department of 

Civil Procedure and Business Law of the Samara State University

In the article the author examines matters of the cases arising from public legal relations in civil and commercial («arbitrazh») proceedings. It is noted that the provision of the court appearance before a possible obligation of the applicant in clarifying the circumstances of the case and in obtaining the necessary evidence is not less reasonable than similar bind against authority. Court is not bound by the bases and reasons stated by requirements, therefore, the legitimacy of the challenged action is checked in its entirety matters, including those that not in favor of the applicant. The main dilemma that arises before the court according to the types of cases is as follows: either to declare invalid the contested act or an act that really are legitimate, however, on the grounds that the authority has not resulted in a timely manner and does not have, or have led, but not in full volume, or refused to recognize an act of unlawful actions, a few made up for the defects which occurred enforcement authority. In conclusion, author noted that the court has no right, in reference to its limits, and not bound by the arguments of the stated requirements. In fact court is tolerated by the authority to correct the error under the guise of restoring the rule of law. This raises the question of how to proceed to the court in cases where the authorities did not give a true argument on previously committed actions and measures regulations. 

Keywords: civil litigation; commercial («arbitrazh») litigation; proceedings in cases arising out of public relations.