Officials of regional organizations in the structure of the constitutional right to judicial appeal

The purpose of the study ёёis to identify the features of regional legislation when identifying officials of organizations of constituent entities of the Russian Federation, whose actions and decisions can be appealed under Part 2 of Art. 46 of the Constitution of the Russian Federation. The authors projected the theory of constitutionalization onto the institution of appeal to analyze the functional criterion for the selection of officials in the structure of subjective constitutional law. The authors also applied systematic and formal logical methods to the current legal norms of federal and regional legislation in order to establish the legal meaning of the categories under study. Conclusion - this article notes differences in the definitions enshrined in federal and regional laws when regulating the powers of officials. The difficulty in establishing the legal status of non-governmental organizations in regional legislation predetermines the responsibility of the citizen to prove that they have powers of a public legal nature. However, this conclusion is valid if such powers are not established by the court itself or the use of a different legal procedure deprives the applicant of legal guarantees.

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Publication Details

Journal
Gaps in Russian legislation
Published
2024-09-15
DOI
https://doi.org/10.33693/2072-3164-2024-17-6-033-038
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Officials of regional organizations in the structure of the constitutional right to judicial appeal

Anatoly V. Kurochkin, S.V. GIZYATOVA
Gaps in Russian legislation
European and International Law Studies
article

Officials of regional organizations in the structure of the constitutional right to judicial appeal

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

Abstract

The purpose of the study ёёis to identify the features of regional legislation when identifying officials of organizations of constituent entities of the Russian Federation, whose actions and decisions can be appealed under Part 2 of Art. 46 of the Constitution of the Russian Federation. The authors projected the theory of constitutionalization onto the institution of appeal to analyze the functional criterion for the selection of officials in the structure of subjective constitutional law. The authors also applied systematic and formal logical methods to the current legal norms of federal and regional legislation in order to establish the legal meaning of the categories under study. Conclusion - this article notes differences in the definitions enshrined in federal and regional laws when regulating the powers of officials. The difficulty in establishing the legal status of non-governmental organizations in regional legislation predetermines the responsibility of the citizen to prove that they have powers of a public legal nature. However, this conclusion is valid if such powers are not established by the court itself or the use of a different legal procedure deprives the applicant of legal guarantees.

Gaps in Russian legislationVol. 17(6)
Kazan Federal University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 68%
European and International Law Studies
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