Implementation of the Prohibition on Overcoming a Court Decision on Recognition of a Normative Legal Act as Invalid by Re-Adoption of the Same Act in Administrative Proceedings and Rulemaking

Abstract

The paper examines the content of the prohibition on overcoming a court decision on recognition of a normative legal act as invalid by the repeated adoption of the same act as one of the legal effects of such court decisions. Based on examination of legal standings of the Constitutional Court of the Russian Federation, the author explaines the constitutional and legal purpose of the prohibition under consideration. The study of the judicial practice of considering cases challenging regulatory legal acts indicates fairly frequent violations of this prohibition. Taking into account legal standings, courts should avaluate negatively situations when courts overcome recognition of a normative legal act as invalid by the repeated adoption of the same act also from the point of view of showing disrespect for the judiciary and its decisions. In order to exclude such situations, consistent implementation of the principle of constitutional integrity and reasonableness of actions of public authorities, formed in the legal positions of the Constitutional Court of the Russian Federation, is required in the field of rule-making. The issue of developing mechanisms of constitutional and legal responsibility of public authorities in case of violation of this prohibition also requires attention. At the same time, it is necessary to adjust the Code of Administrative Procedure of the Russian Federation (CAP of RF) in terms of establishing exceptions to the possibility of overcoming this prohibition. Taking into account the significant impact of judicial examination of compliance with regulatory acts, it is no less important to ensure uniformity and generalization of judicial practice on issues of challenging normative legal acts, especially as a result of creation of appeal and cassation courts of general jurisdiction. This issue can be resolved through introduction of a mandatory generalization of the practice of judicial rule control in relation to regulatory legal acts of constituent entities of the Russian Federation and municipalities.