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About the Possible Unconstitutionality of the Establishment of Three-Month Time-Limits to Challenge Acts Restricted the Rights and Freedoms of Citizens and Legal Persons and Adopted by the State Bodies, Local Governments and Their Officials (para. 1 of
This article analyzes the constitutionality of a provision established by the Code of Civil Procedure of the Kyrgyz Republic on three months period to go to court to challenge acts of state authority, local self-government, their officials, if these acts limit the rights and freedoms of citizens and legal entities. The similar provision is contained in the Code of Civil Procedure of the Russian Federation. The restriction of rights and freedoms for other purposes except from those provided for by the Constitution and international treaties, in our opinion, is unlawful interference with the rights and freedoms – tort. Accordingly, the recognition of the act restricting the rights and freedoms as illegal is one way of redress. And sometimes the act of a public authority is not a one-time intervention in the rights and freedoms, but becomes the legal fact impeding the realization of the rights and freedoms, i.e. act can be sustained in its effect – continued interference in the exercise of rights and freedoms. Deadline for appealing the actions of the state body cannot make wrongful action lawful. The establishment of three months limit to go to the court does not comply not only with constitutional provisions; moreover, it becomes excessive unnecessary barriers limiting access to the court.
Keywords: civil litigation proceedings on the contested normative acts; the deadline for going to court.
A.R. Sultanov