Federation Council to resolve the dispute with the non-normative acts of the authorities. The Federal Chamber of Advocates see it as a mini-revolution in the fight against kvazizakonodatelstvom

The Federation Council approved the federal constitutional law, which allows to challenge in court any acts of the federal bodies of state power, containing explanations of legislation, which often come into conflict with the existing legislation. First of all we are talking about all kinds of instructions, letters from government agencies, as well as the Central Bank, Pension Fund, Social Insurance and the Federal Fund for Mandatory Health Insurance Fund. The Russian Federal Chamber of Lawyers (PPA) document called a mini-revolution in the fight against uncontrolled kvazizakonodatelstvom, who often suffer from state agencies.

The document establishes the powers of the Court of intellectual property rights regarded as the first court case challenging the acts of the federal executive bodies in the field of intellectual rights (eg, patents and know-how), which clarifies the law. In addition, according to the law, the Supreme Court is now as the Court of First Instance is entitled to review administrative proceedings contesting acts of the federal authorities and other government agencies (eg, the Central Bank or the Pension Fund of the Russian Federation), containing an explanation of legislation and have the regulatory properties.

Senators also approved a law that establishes the procedure for such a trial, and the law on the introduction of state duty when filing the appropriate claim.

The Russian Federal Chamber of Lawyers (ACE) data supported legislative initiatives and give them a positive opinion and consider this package of legislative acts as a mini-revolution in the fight against kvazizakonodatelstvom, who often suffer from state authorities of the Russian Federation.

“I mean, of course, all kinds of letters, various instructions which produce legal effects for the persons to whom they are distributed at random”, - explained the Secretary of State and Vice-President of the Chamber Konstantin Dobrynin.

According to the FPA, the absurdity of the situation is that these “legal acts” often “run directly counter to the current legislation, and adequate procedures for their challenging and effective recovery mechanism violated rights is still no.” He noted that this practice is ultimately “creates legal uncertainty, corruption and the abuse of the right.”

“We, as the Federal Chamber of Lawyers, welcome the actions of the State, aimed at establishing another mechanism to protect the rights of It needed to be done already yesterday.” - Concluded Dobrynin.

10 February 2016

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