How to contest non-normative legal acts

Resolution No. 58 adopted by the Plenum of the HCA of Russia on 30.07.2013 explained procedural peculiarities inherent in the consideration of cases on contesting normative legal acts for the purpose of ensuring a uniform approach to their settlement in the courts of arbitration.

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Associate Arthur Sabitov of the Law Firm "YUST"
The Plenum of the HCA of Russia by its Resolution No. 58 explained to the courts the criteria that must be employed to define normative acts and how to resolve cases on ruling those invalid. The draft of said Resolution was moved in March, but the judicial community discussed and seriously amended it. This is in connection with the fact that amendments (Federal Law No. 126-FZ “On amendments to Articles 29 and 191 of the Arbitration Procedural Code of the Russian Federation”) were also made to the provisions of the APCRF concerning the consideration by the courts of arbitration of cases on contesting normative acts. Pursuant to the amendments, only such cases on contesting normative acts fall within the jurisdiction of the court of arbitration as are specially mentioned in the federal law.

According to clause 1.1 of part 1 of Article 29 of the APCRF, courts of arbitration consider the cases on contesting non-normative legal acts that concern rights and legal interests of the claimant in the sphere of entrepreneurial and other economic activity if consideration of such cases falls within the competence of the court of arbitration pursuant to the federal law. However, Russian legislation contains no definitions or terms of a normative and legal act. The adoption of the commented Resolution No. 58 solves this problem. The term of the non-normative legal act is now established at the level of explanations in this Resolution. <…>

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The source of the publication: “Ezh-Yurist” newspaper, issue 37, 2013.