Proceedings in cases of challenging decisions, actions (inaction)...

Proceedings in cases of challenging decisions, actions (inaction) of public authorities, local self-government bodies, officials, state and municipal employees

The second category of cases arising from public relations, referred by the federal law to the jurisdiction of courts of general jurisdiction, are cases of challenging decisions and actions (inaction) of public authorities, local self-government bodies, officials, state and municipal employees.

>

The right to challenge in court the decisions and actions, as well as inaction of public authorities, their officials and employees is based on one of the basic constitutional rights of a person and citizen, enshrined in Part 2 of Art. 46 of the US Constitution - the right to appeal to the court decisions and actions (as well as inaction) of state authorities, local government bodies, public associations and officials.

The right to appeal can be expressed in treatment not only to higher administrative bodies, but also to the court. The procedure for judicial review of decisions, actions (inaction) of public authorities and their officials is established by the rules of administrative proceedings. Features of consideration of these cases in courts of general jurisdiction are defined in gl. 25 of the CCP of the United States (Article 254-258).

In Ch. 25 of the CCP of the United States of America the form of recourse to a court is recognized as an application, and the procedure itself is called not an appeal, but a contest of decisions, actions (inaction) of public authorities, local self-government bodies, state and municipal employees.

Terms complaint and Appeal are used, as a rule, in documents sent to appellate, cassation and supervisory courts if they are dissatisfied with judicial decisions (definitions) and with a view to abolishing them.

The orders of the public authorities may be general or specific, may be temporary with a limited duration, but may prescribe a permanent or prolonged action, may be permissive or prohibitive, etc. A common sign of all such acts is that they act as legal facts and serve as the basis for the appearance, change and termination of the rights or obligations of specific persons.

As a result of implementing the prescriptions contained in certain legal acts, violations or restrictions on the rights and legitimate interests of subjects of administrative legal relations may arise. Individual legal acts may affect the rights and interests of not only those persons who are targeted at this act, but also infringe upon the interests of other persons (for example, the decision to provide an apartment for social hiring to a citizen, the third in the priority lists for housing, violates the interests of the former in this list). In this case, a dispute arises between the subjects of administrative and legal relations, caused by different views on the substance of a certain issue, the mismatch of views on the legality and validity of the actions of public administration bodies. Administrative and legal dispute can also be called a conflict of interests in the sphere of public administration, characterized by the presence of contradictions in understanding the essence or significance of an action (inaction) or the content of an individual legal act.

Citizens and organizations have the right to apply to the court for the protection of their rights and freedoms with a statement on challenging the relevant decisions, actions (inaction), if they believe that:

• their rights and freedoms are violated;

• Obstacles to the exercise of their rights and freedoms;

• it was illegally assigned to them any duty;

• They were unlawfully brought to justice.

In this case, both individual and collegial decisions, actions or omissions can be challenged. The law provides only a written form of going to court.

Citizens, organizations (commercial and non-commercial), foreign citizens, stateless persons and foreign organizations (Part 1, Article 46, 398 CCP RF), as well as the prosecutor in the order of Part 1 of Art. 45 GIC of the United States.

In accordance with Part 1 of Art. 45 of the CCP of the United States the prosecutor may apply to the court with a statement in defense of the rights, freedoms and legitimate interests of citizens, an indefinite circle of persons or interests of the United States, US subjects, municipalities.

A statement in defense of the rights, freedoms and legitimate interests of a citizen can be filed by the prosecutor only if the citizen can not himself go to court for health reasons, age, incapacity and other valid reasons. However, this restriction does not apply to the application of the prosecutor, the reason for which is the appeal to him of citizens about the protection of violated or disputed social rights, freedoms and legitimate interests in the sphere of labor (service) relations and other directly related relations; protection of the family, motherhood, paternity and childhood; social protection, including social security; ensuring the right to housing in state and municipal housing funds; health protection, including medical care; ensuring the right to a favorable environment; education.

Applicants may be the bodies of state power, local self-government bodies, state and municipal employees who challenge decisions that are binding on them, actions (inaction) of public authorities not related to the exercise of power by the applicants. For example, a local government body can challenge a registration authority's refusal to register a charter of a municipal formation or a violation of the deadline for such registration.

Decision of the Plenum of the Supreme Court of the United States of 10.02.2009 No. 2 "On the practice of consideration by courts of cases on challenging decisions, actions (inaction) of public authorities, local governments, officials, state or municipal employees" explanations are given on this category and in particular it is specified what exactly is relevant to the object of challenge.

The object of challenge are the specific decisions, actions and omissions of persons whose competence includes the exercise of power.

Solutions can be taken in both written and oral and conclusive forms.

Written decisions are issued in a certain form - orders, orders, but can be issued and a letter that is denied the appeal.

It is also possible to make an oral form of decisions, such as an order for a subordinate to take some action.

Challenging in court decisions taken in oral and conclusive form, presents a certain complexity, as it requires the collection of additional evidence. The written decisions clearly express the will of the official, the body, therefore it is much easier to challenge them in court than an oral order.

If actions that violate the rights and freedoms of citizens are determined easily (for example, a ban on trading in a tent imposed by an official performing sanitary inspections), then it is more difficult to prove inaction.

Inactivity of public authorities, officials and employees is most often manifested in evasion of certain actions arising from their powers and official duties stipulated by regulatory legal acts, as well as job descriptions and contracts. Since society is not always properly informed about the powers of public authorities, about the duties of specific officials and employees, citizens less often contest inaction of officials than their decisions.

The subjective composition of persons whose decisions may be challenged in court, also follows from Art. 46 of the US Constitution is

• public authorities;

• Local government bodies

• public associations (if they have delegated authority),

• Officials.

The concept of an official is given in a note to art. 2.4 of the Code of Administrative Offenses of the United States: "Under an official in this Code, a person must be understood as a person, permanently, temporarily or in accordance with special powers, acting as a representative of the authority, that is endowed with administrative powers in the manner prescribed by law with respect to persons who are not dependent on him , as well as a person performing organizational, administrative or administrative functions in state bodies, local self-government bodies, state and municipal bodies and also in the Armed Forces of the United States, other troops and military formations of the United States ". Since the legislator has not given another official definition, this concept is also used in other branches of law, as well as in other cases, including in the order of Ch. 25 CIC of the United States.

To interested persons, as they are indicated in the application for challenging, the relevant body (its structural subdivision) or the person who accepted the impugned decision or committed the impugned action (omission) 257 of the Code of Civil Procedure of the United States). They should also include persons permanently, temporarily or on special authority acting on behalf of the federal bodies of state power, other federal state bodies, state authorities of the United States, local governments, the US Armed Forces, other troops and military formations of the United States who have accepted the impugned decision that committed the impugned action (inaction), which are binding and affect the rights and freedoms of citizens and organizations not in the service ebnoy depending on these people.

State and municipal employees are obliged to recognize, observe and protect the rights and freedoms of man and citizen in accordance with Art. 3 of Federal Law No. 58-FZ of 27.05.2003 "On the Civil Service System of the United States", Art. 4, 15 and 18 of Federal Law No. 79-FZ of July 27, 2004, "On the Civil Service of the United States", Art. 12 of the Federal Law of March 20, 2007 No. 25-FZ "On the municipal service in the United States". Decisions, actions and inaction of state and municipal employees can also be challenged in a court of general jurisdiction in the order of Ch. 25 CIC of the United States.

The concept of persons belonging to federal civil servants is contained in Art. 1, 8-10, 12 of the Federal Law "On the Civil Service System of the United States", and persons belonging to municipal employees - in Art. 1, 2, 6, 7, 10 of the Federal Law "On Municipal Service in the United States".

There are exceptions to the procedure for appealing decisions, actions and inaction of a number of state employees. So, in spite of the fact that the bailiff is a civil servant, his decisions, actions and omissions are appealed in accordance with the procedure established by Art. 441 CCP of the United States. The application of a citizen who is in the service dependence on persons whose decision, action or omission is challenged by him, is considered by the court according to the rules of Ch. 25 of the CCP only in the case when it is expressly provided by law. So, in accordance with Part 3 of Art. 254 of the US Civil Procedural Code, a statement of a serviceman who challenges the decision, action (inaction) of a military command or commander (commander) of a military unit, is submitted to a military court and is examined according to the rules of Ch. 25 CIC of the United States.

It should be borne in mind that there is a separate circle of persons who are vested with powers in the field of public administration or administrative powers in the field of local self-government, who make decisions that are binding for the persons against whom they are rendered. Such disputes are also considered and resolved in the manner provided in Ch. 25 CIC of the United States.

In the order of ch. 25 CCP of the United States in the courts of general jurisdiction are considered cases of challenging the denial of state registration of non-profit organizations, in particular public associations, religious organizations, political parties.

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)