Open AccessPut in a Word for Provisional Remedies in Cases Challenging Statutory Acts
Author(s) -
Andrey O. Viflyantsev
Publication year - 2021
Publication title -
arbitražnyj i graždanskij process
Language(s) - English
Resource type - Journals
ISSN - 1812-383X
DOI - 10.18572/1812-383x-2021-1-19-23
Subject(s) - normative , law , plaintiff , political science , norm (philosophy) , statutory law , interim , russian federation , sociology , regional science
Article 251, section 7 of the Code of Civil Procedure of the Russian Federation specified, that filing of an application to challenge a normative legal act before the court does not suspend the challenged normative legal act. A functional analysis of the aforementioned norm brought the courts to the conclusion that interim measures were not provided for by law. Although an adoption of the Code of Administrative Court Procedure of the Russian Federation was not followed by any considerable changes to the regulation, one of the changes that occurred enabled the courts to take a single provisional protection measure regarding the administrative action to challenge a normative legal act — namely, to ban the application of a challenged normative legal act or its challenged provisions against an administrative plaintiff. Now, almost 6 years later, the time has come to evaluate how provisional protection measures in cases involving challenging normative legal acts work in practice.