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PROTECTION AGAINST REGULATIONS WHICH ARE NO LONGER IN FORCE

JUDICIAL AUTHORITY AND PRACTICE


A.R. SULTANOV

A.R. SULTANOV,
Head of the Legal Department of the PJSC “Nizhnekamskneftekhim”,
Member of Association for Better Living and Education (ABLE)

DOI: 10.24031/2226-0781-2019-9-3-231-252

The author analyzes the judicial practice in the field of a complex problem of protection
against regulatory acts as a way to challenge injustice. The rules enshrined in the Code
of Administrative Proceedings of the Russian Federation are analyzed; the author regrets
that courts sometimes try to go along the easiest way when solving complex issues by
evading the resolution of these issues. Valuable comment of N.I. Klein, the developer of
some standards of the Civil Code of the Russian Federation, is included here. In particular,
the author cites, as an example, part 11 of Article 213 of the Code of Administrative
Proceedings of the Russian Federation, which enshrined the rule: “The loss of a regulatory
legal act of force or its cancellation during the consideration of an administrative case
challenging a regulatory legal act cannot serve as grounds for termination of proceedings
in this administrative case if administrative claimant and violation of his rights, freedoms
and legitimate interests”, and indicates that, despite the positive nature of this provision, it
contains a certain possibility not to see a violation of the rights, freedoms and legitimate
interests of the applicant and terminate the proceedings.

Keywords: protection; defense; regulations which are no longer in force; civil procedure;
court practice; fighting injustice.

References

Alekseev S.S., Arkhipov S.I. et al. Theory of States and Law: Textbook. Moscow, 2005.
(In Russian)
Makhina S.N., Pomogalova Yu.V., Zenkov M.Yu., Bogatyreva N.V., Tomtosov A.A.
Commentary to Chapters 21 “Proceedings on Administrative Cases on Challenging
Normative Legal Acts and Acts Containing Explanations of Legislation and Having
Normative Properties” and 22 “Proceedings on Administrative Cases on Contesting
Decisions, Actions (Inaction) of State Authorities, Local Governments, Other Bodies
Organizations Vested with Separate State or Other Public Authorities, Officials, State
and Municipal Employees ”of the Code of Administrative Judicial Proceedings of the
Russian Federation of 8 March 2015 No. 21-FZ. SPS “Garant”. (In Russian)
Sultanov A.R. Appeal of Judicial Acts Issued in Cases of Challenging Regulations
by Persons Who Did Not Participate in the Consideration of the Case in the Court of
First Instance. Law, 2010, no. 4. (In Russian)
Sultanov A.R. Challenging Regulations – a Means to Protect Violated Rights or...?
Herald of Civil Procedure, 2018, no. 4. (In Russian)
Sultanov A.R. Challenging Regulations in Arbitration Courts and the Formation of
a Uniform Practice by the Presidium of the Supreme Arbitration Court of the Russian
Federation. Herald of Civil Procedure, 2012, no. 1. (In Russian)
Sultanov A.R. Disputes About Lack of Competence. In Isaenkova O.V. (ed.). Civil Proceedings
in Changing Russia: International Scientific-Practical Conference (14–15 September
2007): Collection of Articles. Saratov, 2007. (In Russian)
Sultanov A.R. Fight for the Right to Appeal a Court Decision. Moscow, 2014. (In
Russian)
Sultanov A.R. Manipulations with Jurisdiction. Law, 2008, no. 9. (In Russian)
Sultanov A.R. On the Problems of Jurisdiction and Conflicts of Negative Competence.
Law, 2008, no. 7. (In Russian)
Sultanov A.R. On the Right of Interested Parties to Appeal the Decision on the Case
of Challenging a Regulatory Act. Herald of Civil Procedure, 2016, no. 5. (In Russian)
Sultanov A.R. Step Forward and Two Steps Back or Farewell to Justice... Herald of
Civil Procedure, 2018, no. 1. (In Russian)
Sultanov A.R. The Problem of Judicial Acts Made in Violation of Jurisdiction and
Jurisdiction. Bulletin of the Federal Arbitration Court of the North Caucasus District,
2010, no. 1. (In Russian)
Yarkov V.V. Is It Legal to Challenge the Regulatory Legal Acts (or Their Individual Provisions)
That Are No Longer Valid? Herald of Civil Procedure, 2016, no. 2. (In Russian)

Information about the author

Sultanov A.R. (Nizhnekamsk, Russia) – Head of the Legal Department of the
PJSC “Nizhnekamskneftekhim”, Member of Association for Better Living and Education
(ABLE) (PJSC “Nizhnekamskneftekhim”, Nizhnekamsk, 423574, Russia; e-mail:
aidar_sult@mail.ru).

Recommended citation

Sultanov A.R. Protection Against Regulations Which Are No Longer in Force. Herald
of Civil Procedure, 2019, vol. 9, no. 3, p. 231–252. (In Russian). https://doi.org/10.24031/
2226-0781-2019-9-3-231-252

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