Review of the Practice of Administrative Proceedings in Cases of Challenging Actions (Inaction) and Decisions of Control and Supervisory Authorities on the Restoration of Violated Mandatory Requirements

Abstract

Problem statement. Currently, the process of improving administrative legal proceedings is actively underway in the Russian Federation. It involves, in particular, the development of legal proceedings in cases of challenging actions (inaction) and decisions of control and supervisory authorities on the restoration of violated mandatory requirements, that is, on the resolution of restoration disputes. This, in turn, requires identification and detailed analysis of the problems that arise in judicial practice in this category of cases. Such allocation will help to further improve the administrative-procedural legislation and more effective protection of the rights and legitimate interests of participants in legal relations. Goals and objectives of the study. The purpose of the work is to identify existing problems and difficulties that arise when courts resolve cases on challenging actions (inaction) and decisions of control and supervisory authorities on the restoration of violated mandatory requirements. This requires solving the tasks of determining the subject of such disputes, delineating the competence of courts of general jurisdiction and arbitration courts to resolve them, determining the applicable legislation, as well as identifying specific types of judicial errors in this category of cases. Methods. During the research, systematic, logical, formal legal methods were used. Results, brief conclusions. According to the results of the study, conclusions were drawn about the presence of certain typical categories of errors when resolving cases by courts on challenging actions (inaction) and decisions of control and supervisory authorities on the restoration of violated mandatory requirements. These errors are systematized and the possibilities of their prevention are indicated, taking into account the legal positions of the Supreme Court of the Russian Federation.