employee
Irkutsk, Irkutsk region, Russian Federation
The article is devoted to the definition of the procedural charge of a prosecutor who filed an administrative claim in court to challenge a normative legal act. Based on an analysis of the current legislation, the practice of its application, as well as the studied statistical data, the author concluded that with the introduction of the CAS of the Russian Federation, the number of prosecutors’ appeals to the court with a requirement to challenge regulatory legal acts decreased by an average of 70%, which is due to the establishment of restrictions on the presentation of such demands by the need to protect the rights, freedoms and legitimate interests of citizens or an indefinite number of persons. The article states that the prosecutor, as a participant in administrative legal relations in which he implements the public function of ensuring the rule of law, by virtue of Article 38 of the Code of Arbitration Procedures of the Russian Federation, can be an administrative plaintiff. Considering that one of the areas of activity of the prosecutor's office is supervision over the legality of regulatory legal acts, the author comes to the conclusion that when appealing against such acts in court, the prosecutor must occupy the position of the plaintiff, and therefore should not justify the violation or threat of violation of the rights of citizens by this act or an indefinite number of persons. Based on the research, the author concluded that it is necessary to make changes to certain provisions of the Code of Administrative Proceedings of the Russian Federation, aimed at changing the procedural status of the prosecutor challenging a normative legal act.
prosecutor, normative legal act, administrative proceedings, public function, administrative claim, administrative plaintiff
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