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THE RIGHT OF CONTESTATION OF A NORMATIVE ACT AS AN INTEGRAL METHOD OF JUDICIAL PROTECTION: PROBLEMS OF REGULATION AND IMPLEMENTATION IN ADMINISTRATIVE PROCEDURE

JUDICIAL AUTHORITY AND PRACTICE


A.A. DZHAGARYAN

A.A. DZHAGARYAN,
Doctor of Legal Sciences,
Counselor Bar “Muranov, Chernyakov & Partners”

DOI: 10.24031/2226-0781-2019-9-3-263-287

The article analyzes the right to challenge a regulatory act as a necessary element in
the constitutional right to judicial protection. Administrative legal proceedings are one
of the most important jurisdictional forms of protection of the subjective public rights of
an individual and it is not an element of the state administration mechanism. Through
administrative proceedings there are realized civil control, the priority of a person in relations
with the state, and a person’s ability to argue with the public authorities. However, in Russian
reality, the understanding of the right to challenge a regulatory act is contradictory and
not well-established. The practice of the Constitutional Court of the Russian Federation
follows the path of rethinking this right as a kind of additional opportunity (a guarantee) of
judicial protection, which implies a rather wide discretion of the legislator in the treatment
of this right. The Supreme Court of the Russian Federation also demonstrates priority with
respect to the recognition of the public roots of this right, in connection with which there
are tendencies towards certain restrictions on access to judicial regulatory control. In this
regard, based on an analysis of the Constitution of the Russian Federation, international
legal standards, the article critically evaluates the approaches emerging in judicial practice,
formulates provisions aimed at developing legislative and enforcement guarantees of the
right to challenge a regulatory act on the basis of adherence to the priority protection of
individual personal interests through administrative justice.

Keywords: administrative justice; challenging a normative act; balance of private and
public interests; lawsuit form of protection

References

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Information about the author

Dzhagaryan A.A. (Moscow, Russia) – Doctor of Legal Sciences, Counselor Bar
“Muranov, Chernyakov & Partners” (23, Bldg. 6 Denisovsky Lane, Moscow, 105005,
Russia; e-mail: info@rospravo.ru).

Recommended citation

Dzhagaryan A.A. The Right of Contestation of a Normative Act as an Integral Method
of Judicial Protection: Problems of Regulation and Implementation in Administrative
Procedure. Herald of Civil Procedure, 2019, vol. 9, no. 3, p. 263–287. (In Russian).
https://doi.org/10.24031/2226-0781-2019-9-3-263-287

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