RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 29, 2007 No. 48

About practice of consideration by courts of cases on contest of regulatory legal acts completely or in part

Having discussed materials of the carried-out generalization of practice of consideration by courts of cases on recognition invalid regulatory legal acts completely or in part, the Plenum notes that courts had questions requiring permission. For the purpose of ensuring the correct and uniform application of the legislation in case of production on cases on contest of regulatory legal acts the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. Persons listed in parts 1 and 2 of article 251 CCP of the Russian Federation, the general jurisdiction having the right to take a legal action with the statement for contest of regulatory legal acts.

In case of the solution of question of whether consideration of such statement is subordinated to court, it is necessary to consider type of the disputed regulatory legal act and type of regulatory legal act, about check of compliance to which the question in the statement is put.

To courts cases on contest completely or regarding the regulatory legal acts lower than the level of the Federal Law listed regarding the 2nd article 125 of the Constitution of the Russian Federation on the bases of their contradiction are subordinated to other, except the Constitution of the Russian Federation, to the regulatory legal act having big legal force (for example, cases on contest of regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, the laws of subjects of the Russian Federation on the bases of their contradiction to the Federal Laws).

At the same time it must be kept in mind that cases are not subordinated to courts:

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