Lecture No. 11

1. Cases arising from public relations

According to Art. 245 of the Code of Civil Procedure of the Russian Federation, the court considers the following categories of cases arising from public relations:

1) on applications from citizens, organizations, the prosecutor on contesting normative legal acts in whole or in part, unless the consideration of these applications is referred by federal law to the competence of other courts;

2) on applications to challenge decisions and actions (inaction) of state authorities, local governments, officials, state and municipal employees;

3) on applications for the protection of electoral rights or the right to participate in a referendum of citizens of the Russian Federation;

4) other cases arising from public legal relations and referred by federal law to the jurisdiction of the court.

Cases arising from public legal relations are considered by a single judge, unless otherwise provided by federal law. Proceedings on these categories of cases are carried out according to the rules provided for the action proceedings. When considering and resolving cases arising from public legal relations, the rule of absentee decision is not applied, which is due to the distribution of the burden of proof and the status of the parties.

The parties in cases arising from public legal relations are the applicant and the person concerned.

by the applicant a person whose right has been violated or disputed by means of the issuance of a normative act, decision, actions or inaction of an official, state and municipal employees of state authorities, local governments is recognized.

Interested party a person who is brought by the court as a so-called defendant is recognized.

Interested party are an official, state or municipal employee of state authorities, local governments, who adopted a normative act, decision, committed an action or inaction, which violated the applicant's right. When considering and resolving cases arising from public legal relations, the court is not bound by the grounds and arguments of the stated requirements. When considering and resolving cases arising from public legal relations, the court may recognize as obligatory the presence at the court session of a representative of a state authority, a local self-government body or an official. In case of non-appearance, these persons may be subject to a fine of up to 10 minimum wages (Article 247 of the Code of Civil Procedure of the Russian Federation).

The basis for considering a case arising from public legal relations is the applicant's statement, which is subject to the requirements provided for a statement of claim (Articles 131, 132 of the Code of Civil Procedure of the Russian Federation). The application must also indicate which decisions, actions (inaction) should be recognized as illegal, what rights and freedoms of a person are violated by these decisions, actions (inaction).

It should be noted that non-compliance with the pre-trial procedure for resolving the dispute between the parties may be the basis for refusing to accept the statement of claim. In cases arising from public relations, the applicant does not need to apply to a higher authority or official, and it is not a prerequisite for filing an application with the court.

A feature of proceedings in cases arising from public legal relations is the absence of a dispute about the law. If, when filing an application with the court, it is established that there is a dispute about the right, the judge leaves the application without movement and explains to the applicant the need to draw up a statement of claim in compliance with the requirements of Art. 131 and 132 Code of Civil Procedure of the Russian Federation. The basis for refusing to accept an application (and if the application was accepted, then for terminating proceedings in a case arising from public legal relations) is a court decision made on an application on the same subject and which has entered into force (Article 249 of the Code of Civil Procedure of the Russian Federation).

The obligation to prove the circumstances that served as the basis for the adoption of a normative legal act, its legality, as well as the legality of the disputed decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees is assigned to the body that adopted the normative legal act, bodies and persons who have taken the contested decisions or committed the contested actions (omissions). When considering and resolving cases arising from public legal relations, the court may demand evidence on its own initiative in order to correctly resolve the case. Officials who fail to comply with the requirements of the court to present evidence are subject to a fine of up to 10 minimum wages.

A court decision rendered in cases arising from public legal relations enters into force after the expiration of the period for appeal (10 days). However, there is one peculiarity in the entry into force of a court decision. One of the properties of a court decision that has entered into legal force is obligation - acts differently. As a rule, a court decision that has entered into legal force becomes binding on the circle of persons participating in the proceedings on cases arising from public legal relations. A court decision, after it comes into force, becomes mandatory for the category of citizens who are subject to a normative act, decision of an official, state or municipal employee of state authorities, local self-government.

2. Proceedings on cases of invalidation of normative legal acts in whole or in part

The basis for initiating proceedings on cases of invalidating normative acts in whole or in part is an application.

The following have the right to file an application (Article 251 of the Code of Civil Procedure of the Russian Federation):

1) a citizen, an organization that considers that the normative legal act of a state authority, local government body or official, adopted and published in the prescribed manner, violates their rights and freedoms guaranteed by the Constitution of the Russian Federation, laws and other regulatory legal acts;

2) the prosecutor, within the limits of his competence, with a statement on the recognition of a normative act as contrary to the law in part or in full;

3) President of the Russian Federation;

4) Government of the Russian Federation;

5) legislative (representative) body of a subject of the Russian Federation;

6) the highest official of a constituent entity of the Russian Federation;

7) body of local self-government;

8) the head of the municipality, who believes that the normative act adopted and published in the prescribed manner violated their competence.

Not subject to court review in the manner prescribed by this chapter, applications for contesting normative legal acts, the verification of the constitutionality of which is assigned to the exclusive competence of the Constitutional Court of the Russian Federation in accordance with the Federal Law "On the Constitutional Court of the Russian Federation". According to the Federal Law "On the Constitutional Court of the Russian Federation" The Constitutional Court of the Russian Federation allows:

1) cases on compliance with the Constitution of the Russian Federation:

a) federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;

b) the constitutions of the republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of the state authorities of the Russian Federation and the joint jurisdiction of the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation;

c) agreements between public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation, agreements between public authorities of the constituent entities of the Russian Federation;

d) international treaties of the Russian Federation that have not entered into force;

2) disputes about competence:

a) between federal government bodies;

b) between state authorities of the Russian Federation and state authorities of subjects of the Russian Federation;

c) between the highest state bodies of the constituent entities of the Russian Federation, as well as on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts, checks the constitutionality of the law applied or to be applied in a particular case, gives an interpretation of the Constitution of the Russian Federation, gives an opinion on compliance with the established procedure for bringing charges against the President Russian Federation in high treason or the commission of another serious crime and other categories of cases.

A copy of the disputed normative act or part thereof shall be attached to the application for contesting a normative act, indicating by which mass media and when this act was published. Submitting an application to contest a normative act does not suspend the operation of the normative act that is being challenged.

An application for contesting a normative legal act is considered within 1 month from the date of its submission with the participation of the persons who applied to the court with an application, a representative of the state authority, local self-government body or an official who adopted the contested normative legal act, and the prosecutor.

Depending on the circumstances of the case, the court may consider the application in the absence of any of the interested persons who have been notified of the time and place of the court session. Refusal of the person, who applied to the court, from his demand does not entail the termination of proceedings on the case.

Recognition of a claim by a public authority, local government or an official who has adopted the disputed normative legal act is not mandatory for the court (Article 252 of the Code of Civil Procedure of the Russian Federation).

A court decision on recognizing a normative legal act or part thereof as invalid shall enter into force and entail the loss of force of this normative legal act or part thereof, as well as other normative legal acts based on the normative legal act recognized as invalid or reproducing its content. Such a court decision or a notice of the decision after its entry into force shall be published in the printed publication in which the normative legal act was officially published. In the event that this printed publication has ceased its activities, such a decision or message is published in another printed publication, in which regulatory legal acts of the relevant state authority, local government body or official are published (Article 253 of the Code of Civil Procedure of the Russian Federation).

3. Proceedings on cases of contesting decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees

A citizen, an organization has the right to challenge in court a decision, action (inaction) of a state authority, local government, official, state or municipal employee if they believe that their rights and freedoms have been violated (part 1 of article 254 of the Code of Civil Procedure of the Russian Federation).

Legal entities also have the right to appeal to the court decisions and actions (or inaction) of state authorities, local self-government, public associations and officials.

In practice, many law enforcement officers who have access to classified information, state secrets, go to court for permission to travel outside the Russian Federation. This is how conflict situations arise on the ground. The Code of Civil Procedure of the Russian Federation provides for a rule that states that this application must be left without satisfaction.

The Civil Procedure Code of the Russian Federation defines the categories of decisions, actions (inaction) of state authorities, local governments, officials, state or municipal employees that can be appealed in civil proceedings (Article 255 of the Code of Civil Procedure of the Russian Federation). Such decisions, actions (inaction) include collective and sole decisions and actions (inaction), as a result of which:

1) the rights and freedoms of a citizen are violated;

2) obstacles have been created to the exercise by a citizen of his rights and freedoms;

3) any duty is unlawfully imposed on the citizen, or he is unlawfully held accountable.

In civil procedural law, there are statute of limitations, and, as a rule, they are regulated by the provisions of the Civil Code of the Russian Federation.

The general statute of limitations is 3 years. Civil Code of the Russian Federation in Art. 208 provides for claims for which a general statute of limitations is not established at all or within a different time frame. In Part 1 of Art. 197 of the Civil Code of the Russian Federation provides that for certain types of claims the law may establish special limitation periods, shorter or longer than the general limitation period.

To apply to the court with an application to initiate proceedings in cases of challenging decisions, actions (inaction) of state authorities, local governments, officials, state and municipal employees, the Code of Civil Procedure of the Russian Federation establishes special limitation periods. Part 1 Art. 256 of the Code of Civil Procedure of the Russian Federation indicates that a citizen has the right to apply to the court with a statement within 3 months from the date when he became aware of the violation of his rights and freedoms. At the same time, he must prove in court that this decision, action (inaction) was not known to him before. However, missing the three-month deadline for applying to the court is not grounds for refusing to accept the application. The reasons for missing the deadline are clarified in the preliminary court session or court session and may be grounds for refusing to satisfy the application.

The Civil Procedure Code of the Russian Federation also establishes special terms for the consideration and resolution of cases on contesting decisions, actions (inaction), which are 5 days. Within 5 days, the court, with the participation of a citizen, head or representative of a public authority, local government, official, state or municipal employee, considers the application on the merits and makes a decision.

If the court recognizes the statement of a citizen or legal entity as justified, then it makes a decision by which it obliges the relevant body or person to eliminate in full the violation of the rights and freedoms of a citizen, legal entity or an obstacle to the exercise of rights and freedoms. Within 3 days from the date of entry into force of the court decision, the court sends its decision for execution, which must be executed within 3 months with a notice of the execution of the court decision of the court, citizen, legal entity, whose right has been violated or obstacles have been created for the implementation of their rights and freedoms.

4. Proceedings on cases of protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation

The right to apply to the court with an application in cases of protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation have:

1) voters;

2) referendum participants;

3) candidates and their proxies;

4) electoral associations and their proxies;

5) political parties and their regional associations;

6) other public associations;

7) referendum initiative groups and their authorized representatives;

8) other groups of referendum participants and their authorized representatives;

9) observers;

10) prosecutor;

11) the Central Election Commission of the Russian Federation;

12) election commissions of subjects of the Russian Federation;

13) election commissions of municipalities;

14) district, territorial, precinct election commissions;

15) relevant referendum committees.

All participants in proceedings on cases of protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation can be divided according to the legal interest, about which the participants apply to the court. Participants in this type of proceedings, from the voter to the prosecutor, apply to the court with a statement if they believe that the decisions or actions (inaction) of a state authority, local self-government body, public associations, an election commission, a referendum commission, an official violate electoral rights or the right to participate in a referendum of citizens of the Russian Federation. Participants, starting from the central commission and ending with referendum commissions, apply to the court with a statement if they believe that there is a violation of the legislation on elections and referendums by a state authority, local government, officials, a candidate, an electoral association, a political party, its regional branch , another public association, a referendum initiative group, another group of referendum participants, as well as an election commission, a referendum commission, a member of an election commission, a referendum commission.

According to Art. 2 of the Federal Law of June 12, 2002 No. 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", a voter is a citizen of the Russian Federation who has an active right to vote.

In constitutional law, there is a distinction active and passive suffrage. The citizen who elects has the active right, the citizen who is elected has the passive right. An active electoral right is held by a citizen whose place of residence is located within the electoral district. The stay of a citizen of the Russian Federation outside his place of residence during elections in the district in which this place of residence is located cannot serve as a basis for depriving him of the right to participate in elections to state authorities of the corresponding subject of the Russian Federation, local self-government bodies. Active suffrage may be granted by law to a citizen whose place of residence is located outside the electoral district.

A citizen of the Russian Federation who has reached the age of 18 has the right to elect, vote in a referendum, and upon reaching the age established by the Constitution of the Russian Federation, federal laws, constitutions (charters), laws of the constituent entities of the Russian Federation - to be elected to state authorities and local self-government bodies. A citizen of the Russian Federation who reaches the age of 18 on voting day has the right to participate in other electoral actions provided for by law and carried out by legal methods, other actions for the preparation and holding of a referendum. A citizen of the Russian Federation has the right to elect, be elected, participate in a referendum, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

Citizens who have been declared legally incompetent by a court or are held in places of deprivation of liberty by a court verdict (Article 4 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation") do not have the right to elect, be elected, or participate in a referendum.

In connection with the legal nature of electoral rights and the right to participate in a referendum of a citizen of the Russian Federation, the Code of Civil Procedure of the Russian Federation establishes terms of application and consideration of applications (Art. 260 Code of Civil Procedure of the Russian Federation):

1) an application to the court may be filed within 3 months from the day when the applicant became aware or should have become aware of the violation of the legislation on elections and referendums, his electoral rights or the right to participate in a referendum;

2) an application regarding a decision of an election commission, a referendum commission on registration, on refusal to register a candidate (list of candidates), an initiative group for holding a referendum, another group of referendum participants, may be filed with a court within 10 days from the date of acceptance by the election commission, the referendum commission of the contested decision;

3) an application to cancel the registration of a candidate (list of candidates) may be filed with the court no later than 8 days before voting day;

4) after the publication of the results of an election, a referendum, an application for violation of the electoral rights or the right to participate in a referendum of citizens of the Russian Federation that took place during the election campaign, a referendum campaign, may be filed with a court within 1 year from the date of the official publication of the results of the relevant elections, referendum .

During the period of an election campaign, a referendum campaign, an application received by the court before voting day must be considered and resolved within 5 days from the date of its receipt, but no later than the day preceding voting day, and an application received on the day preceding voting day, on the voting day or on the day following the voting day - immediately. If the facts contained in the application require additional verification, the application must be considered and resolved no later than 10 days from the date of its submission.

An application for incorrectness in the lists of voters, referendum participants must be considered and resolved within 3 days from the date of its receipt by the court, but no later than the day preceding voting day, and immediately on voting day. An application concerning a decision of an election commission, a referendum commission on the results of voting, on the results of elections, a referendum, must be considered and resolved within 2 months from the date of its receipt by the court. A decision on an application to cancel the registration of a candidate (list of candidates) is made by the court no later than 5 days before voting day. A decision on an application to cancel the registration of an initiative group for holding a referendum, another group of referendum participants shall be taken by the court no later than 3 days before voting day. A decision on an application for the dissolution of an election commission, referendum commission shall be made by the court no later than 14 days, and in the course of an election campaign, a referendum campaign - no later than 3 days from the day the application was received by the court.

In the process of considering and resolving a case on the merits, the following cannot be applied as measures to secure a claim:

1) seizure of ballots, referendum ballots, lists of voters, referendum participants, other electoral documents, referendum documents or their seizure;

2) prohibition for election commissions, referendum commissions to carry out actions established by law for the preparation and conduct of elections, a referendum.

With regard to appealing court decisions made in these categories of cases, a cassation appeal against a court decision or a private complaint against a court ruling can be filed within 5 days from the date the court decision or ruling was made (Article 261 of the Code of Civil Procedure of the Russian Federation).

Author: Gushchina K.O.

<< Back: The decision of the court of first instance (The concept and essence of a court decision. Contents of a court decision. Determination of the court of first instance. Legal force of rulings of the court of first instance. Legal force of a court decision. Limits of the legal force of a court decision)

>> Forward: special production (General characteristics of special proceedings. Establishment of facts of legal significance. Adoption of a child. Recognition of a citizen as missing or declaring a citizen as deceased)

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Latin for doctors. Lecture notes

▪ The main dates and events of domestic and foreign history. Crib

▪ General history. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive For robots tendons are better than servos 10.04.2012 At the Forschungszentrum Informatik meeting in Karlsruhe, a unique robot arm was presented for the first time, capable of performing delicate, precise manipulations with various objects. Research on the development of a manipulator with artificial tendons was carried out within the framework of the European project DEXMART. Over the past four years, scientists have developed a number of innovative technologies aimed at increasing the flexibility and sensitivity of mechanical hands. It is easy for us to handle various things, such as a paper cup with juice, but for a robot this is a serious problem. To pour juice into a glass, the robot must hold a glass bottle with one hand and a fragile glass with the other, and then also move it without spilling the liquid. Researchers from the University of Saarland, together with colleagues in Bologna and Naples, have developed a mechanical hand that can easily perform these tasks, and besides, it has almost more drives than the muscles in a human hand. A new manipulator is needed in various fields of science and technology: from working with experimental animals to taking people out of burning buildings. Modern hydraulic and electric manipulators cannot safely handle fragile objects, much less the human body. Until now, the main problem has been the creation of an artificial hand similar in size to a human one: it was simply not possible to "shove" all the necessary drives and electronics into these dimensions. Scientists in the DEXMART project came up with a simple but extremely effective solution: they used artificial "tendons" twisted by compact high-speed engines. Thus, it became possible to produce powerful tensile / compressive movements while maintaining a compact design. What's more, these efforts are easy to manage, since controlling the speed of the electric motor is not difficult. Extremely strong polymer "tendons" allow you to lift 5-kg objects at a speed of 30 mm per second with just one small electric motor and a "tendon" 20 cm long. Each finger of the robot, like a human finger, consists of three segments controlled by separate "tendons". Mini electric motors rotate at high speed and produce a small amount of torque on the order of five newton millimeters. The new manipulator is able to easily lift heavy objects and at the same time carefully manage fragile objects, such as a chicken egg. Such machines can be used for joint work with a person, in surgery and when performing complex repairs in places dangerous for people.

Other interesting news:

▪ Mechanical guards to protect against attacks by wild animals

▪ Graphene water filter

▪ On the trail of chocolate

▪ Smartphones destroy the psyche

▪ Microscopic 3D printer from IBM

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ website section LEDs. Article selection

▪ article Scale - as printed. Tips for the home master

▪ article What role did dogs play in conquering the South Pole? Detailed answer

▪ article Determination of distances using thousandths. Travel Tips

▪ article Preparatory work before wiring. Marking work. Encyclopedia of radio electronics and electrical engineering

▪ article Carousel on a lamp. physical experiment

Leave your comment on this article:

All languages ​​of this page

Arabic	Hebrew	Polish
Bengali	Hindi	Portuguese
Chinese	Italian	Spanish
English	Japanese	Turkish
French	Korean	Ukrainian
German	Malay	Vietnamese

Home page | Library | Articles | Website map | Site Reviews

www.diagram.com.ua
2000-2024