Extrajudicial Procedure for Exercising the Constitutional Right to Appeal Against Actions and Decisions of Officials in a Constituent Entity of the Russian Federation

The purpose is to identify the features of the legislation of the constituent entities of the Russian Federation in regulating extrajudicial procedures for the implementation of the constitutional right to appeal the actions and decisions of regional officials. In the presented article, the authors projected the theory of constitutionalization of the institution of appeal onto an alternative procedure for the implementation of such subjective rights as the right to defense, to appeal to authorities, to appeal the actions and decisions of officials. The authors applied systematic and formal-logical methods to the norms of federal and regional legislation, which allowed them to establish individual legal conflicts. Conclusion—In this article, the authors highlighted the differences in the legal regulation of extrajudicial procedures for appealing the actions and decisions of officials at the level of constituent entities of the Russian Federation. This is related to the content of regional constitutional legislation. It provides for the right to independently establish the legal status of their own executive bodies. All of them are subject to both departmental norms and administrative acts. Administrative and legal relations are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. This allows Russian regions to take advantage of gaps in federal legislation and independently overcome them through their own regulatory and legal acts of a by-law nature.

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Publication Details

Journal
Economic problems and legal practice
Published
2024-09-05
DOI
https://doi.org/10.33693/2541-8025-2024-20-3-40-44
Primary Topic
Legal and Policy Issues
Type
article
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article

Extrajudicial Procedure for Exercising the Constitutional Right to Appeal Against Actions and Decisions of Officials in a Constituent Entity of the Russian Federation

Anatoly V. Kurochkin, S.V. GIZYATOVA
Economic problems and legal practice
Legal and Policy Issues
article

Extrajudicial Procedure for Exercising the Constitutional Right to Appeal Against Actions and Decisions of Officials in a Constituent Entity of the Russian Federation

Anatoly V. Kurochkin, S.V. GIZYATOVA
article en

Abstract

The purpose is to identify the features of the legislation of the constituent entities of the Russian Federation in regulating extrajudicial procedures for the implementation of the constitutional right to appeal the actions and decisions of regional officials. In the presented article, the authors projected the theory of constitutionalization of the institution of appeal onto an alternative procedure for the implementation of such subjective rights as the right to defense, to appeal to authorities, to appeal the actions and decisions of officials. The authors applied systematic and formal-logical methods to the norms of federal and regional legislation, which allowed them to establish individual legal conflicts. Conclusion—In this article, the authors highlighted the differences in the legal regulation of extrajudicial procedures for appealing the actions and decisions of officials at the level of constituent entities of the Russian Federation. This is related to the content of regional constitutional legislation. It provides for the right to independently establish the legal status of their own executive bodies. All of them are subject to both departmental norms and administrative acts. Administrative and legal relations are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. This allows Russian regions to take advantage of gaps in federal legislation and independently overcome them through their own regulatory and legal acts of a by-law nature.

Economic problems and legal practiceVol. 20(3)
Kazan Federal University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Legal and Policy Issues
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Extrajudicial Procedure for Exercising the Constitutional Right to Appeal Against Actions and Decisions of Officials in a Constituent Entity of the Russian Federation — Anatoly V. Kurochkin, S.V. GIZYATOVA · Economic problems and legal practice (2024) | TGRS Research Map | TGRS