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

of July 30, 2013 No. 58

About some questions arising in court practice by consideration by Arbitration Courts of cases on contest of regulatory legal acts

Due to the questions arising in court practice by hearing of cases about contest of regulatory legal acts and for the purpose of ensuring uniform approaches to their permission the Plenum of the Supreme Arbitration Court of the Russian Federation based on article 13 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" decides to make to Arbitration Courts the following explanations.

1. By rules of Chapter 23 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation, the Code) consider cases on contest of the acts adopted by public authority, local government body, other body, the official which content is constituted by precepts of law (rules of conduct) expected numerous application and attracting legal effects for the uncertain group of people, or regulation which effective, change or cancelled the existing precepts of law.

Provisions of normative nature can be included in the appendices approved by regulatory legal act.

With respect thereto in case of determination of the legal nature of the disputed act Arbitration Courts should proceed from assessment of its content, in view of also following.

1.1. Acts of public authorities, local government bodies, other bodies performing public powers of approval (acceptance) of master plans of settlements, city districts, schemes of territorial planning of municipal districts, subjects of the Russian Federation, the Russian Federation have normative character as affect the rights of the uncertain group of people and are expected numerous application.

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