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Speaking of the Legal Regulation of the Institution of Judicial Normative Control in Administrative Legal Proceedings
Abstract.The subject of the research is particular issues of the legal regulation of the institution of judicial normative control in administrative legal proceedings of the Russian Federation. In her article Ivanova analyzes provisions of the Russian Federation Administrative Court Procedure Code that regulates proceedings related to cases involving the contesting of normative legal acts. The objectives of the research are as follows: 1. to define criteria for classying judicial normative control as direct or indirect, abstract or concrete, as well as the relation between them; 2. to analyze provisions of the Russian Federation Administrative Court Procedure Code that may be applied to the abstract or concrete criterion offered by the author. In the course of her research Ivanova has applied such research methods as analysis and sythesis, formal law method, and etc. The main conclusions of the research imply the following theses: 1) The criterion for differentiating between direct and indirect normative control is the way a judicial audit corresponds to the matter of asserted claims (in particular, whether normative control has the purpose to challenge regulations or protect one's legal rights); the criterion for classifying normative control as abstract or conrete is judicial activity (consequently, monitoring of legality of regulations for public interest or protection of private interests). 2. In its judicial acts, the Supreme Court of the Russian Federation states that proceedings that challenge regulations should be carried out as abstract normative control. Nevertheless, based on the criterion offered by the author to differentiate between abstract or concrete normative control, regulations of the Russian Federation Code of Administrative Procedure Code demonstrate elements of both abstract and concrete normative control.
Keywords: subjective public rights, judicial protection, judicial activity, concrete normative control, appeal, abstract normative control, administrative proceedings, legal interests, the court's decision, challenging regulations
Article was received:18-06-2018
This article written in Russian. You can find full text of article in Russian here .