Спорные вопросы судебной практики по делам об оспаривании ненормативных правовых актов

Abstract

The subject of consideration is the procedure for challenging non-normative legal acts. The author focuses on a pressing issue for judicial practice in the consideration of administrative legal disputes: aspects of determining whether Chapter 24 of the Arbitration Procedure Code of the Russian Federation is applicable in a particular case. The article reflects the most controversial procedural issues. Attention is drawn to the fact that the courts are obliged in each specific case to evaluate the requirements set out in the petition part, which in form can be like challenging non-normative legal acts, while in essence they are a civil dispute. Related to this problem is the question of whether the chosen method of protecting the violated right is appropriate. Finally, in judicial practice the problem of qualifying contested documents as normative legal acts, non-normative legal acts, or as documents not subject to judicial challenge remains relevant.