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

of February 10, 2009 No. 2

About practice of consideration by courts of cases on contest of decisions, actions (failure to act) of public authorities, local government bodies, officials, government and local government officers

For the purpose of ensuring the correct and uniform application of the legislation by hearing of cases on contest of decisions, actions (failure to act) of public authorities, local government bodies, officials, government or local government officers the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. According to article 46 of the Constitution of the Russian Federation and Chapter 25 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) citizens and the organizations have the right to take a legal action behind protection of the rights and freedoms with the statement for contest of decisions, actions (failure to act) of public authorities, local government bodies, officials, government or local government officers as a result of which, according to specified persons, their rights and freedoms were violated or obstacles to implementation of the rights and freedoms or to them by them are created any obligation is illegally assigned or they are illegally made responsible.

The acts of public authorities, local government bodies, their officials, government, local government officers and persons equated to them accepted solely or jointly, containing the imperious declaration of will generating consequence in law for specific citizens and the organizations belong to decisions. At the same time it is necessary to consider that decisions can be made both in written, and in oral form (for example, the announcement to the serviceman of authority punishment). In turn, the written decision is made as in the certain form established by the legislation (in particular, the order of the supreme executive body of the government of the subject of the Russian Federation), and in any (for example, the written message on refusal of the official in satisfaction of the address of the citizen).

Imperious declaration of will of the called bodies and persons which is not given decision shape belongs to actions of public authorities, local government bodies, their officials, government or local government officers in sense of Chapter 25 of the CCP of the Russian Federation, but entailed violation of the rights and freedoms of citizens and the organizations or created obstacles to their implementation. The requirements of officials of the bodies exercising the state supervision and control expressed in oral form, in particular, belong to actions.

Non-execution by public authority, local government body, the official, government or local government officer of the obligation assigned to them by the normative legal and other acts determining powers of these persons (job descriptions, provisions, regulations, orders) belongs to failure to act. Not consideration of the address of the applicant by the authorized person, in particular, belongs to failure to act.

2. By the rules established by Chapter 25 of the CCP of the Russian Federation decisions, actions (failure to act) can be disputed:

federal bodies of the government: representative (legislative) body of the Russian Federation, federal executive bodies formed according to the Constitution of the Russian Federation, the Federal constitutional Law "About the Government of the Russian Federation", presidential decrees of the Russian Federation about system and structure of federal executive bodies, and also the territorial authorities created by federal executive bodies for implementation of the powers;

public authorities of the subject of the Russian Federation: the legislative (representative) body, the supreme executive body and other public authorities formed according to the constitution (charter) of the subject of the Russian Federation and based on regulatory legal act of body of the legislative (representative) power of the subject of the Russian Federation and (or) its management official;

local government bodies: the representative body of the municipality, local administration and other bodies provided by the charter of the municipality and having own powers according to the solution of questions of local value.

3. To officials, decisions, actions (failure to act) of which can be disputed by rules of Chapter 25 of the CCP of the Russian Federation, it is necessary to carry persons, constantly, temporarily, including on special power, acting on behalf of the federal bodies of the government, other federal state bodies, public authorities of subjects of the Russian Federation, local government bodies, the Armed Forces of the Russian Federation, other troops and military forming of the Russian Federation which made the disputed decision, made the disputed action (failure to act), the rights having binding character and affecting and freedoms of the citizens and the organizations which are not in job dependency from these persons. The petition from the citizen, being in job dependency from persons, the decision, action (failure to act) of which is disputed, considered by it court by rules of Chapter 25 of the CCP of the Russian Federation only in case it is directly provided by the law (for example, part 3 of article 254 CCP of the Russian Federation).

In particular, treat officials:

persons, replacement state positions of the Russian Federation (the position established by the Constitution of the Russian Federation, the Federal Laws for direct execution of powers of federal state bodies), persons, replacement state positions of subjects of the Russian Federation (the position established by constitutions, charters, the laws of subjects of the Russian Federation for direct execution of powers of state bodies of subjects of the Russian Federation), persons, replacement municipal positions (elected officials of local self-government, and also persons replacing these positions under the contract);

the officials of service of bailiffs performing court decrees or resolutions of other bodies and also the officials of service of bailiffs providing established procedure of activity of the courts;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info