On some Problematic Aspects of the Legal Enforcement of the Provisions of Chapter 22 of the Code of Administrative Procedure at the Present Stage

Abstract

Today, the disputes related to public authorities and their officials are the most common category of cases in law enforcement practice considered in the order of administrative legal proceedings. At the same time, de-spite the fact that more than eleven years have passed since the adoption of the Code of Administrative Proce-dure of the Russian Federation and there is already an extensive law enforcement practice, Chapter 22 of the Code of Administrative Procedure of the Russian Federation is still not devoid of controversial procedural as-pects. The examples of such problematic respects are both the issues of using certain provisions when consid-ering a dispute with public authorities under the rules of civil proceedings and the issues on procedural rights guarantees during the restoration of the period for applying for judicial protection. The objective of this study is to examine disputable legislative and theoretical aspects of appealing against actions/inaction and acts of pub-lic authorities and their officials as well as possible ways to solve the identified problems. To achieve this goal, a systematic analysis of the procedural law norms applicable to the cases under Chapter 22 of the Code of Administrative Procedure of the Russian Federation was conducted. The article, using a formal-logical ap-proach, estimates the legislative provisions that regulate the matters of appealing against actions/inaction and acts of public authorities and their officials in accordance with Chapter 22 of the Code of Administrative Proce-dure of the Russian Federation. It is concluded that the areas of concern of appealing have theoretical signifi-cance and practical one as well. However, the solution to these problems will contribute to the development of the system of guarantees for the protection of the citizens and organizations’ rights and their legitimate inter-ests.