Email this article Officials of regional organizations in the structure of the constitutional right to judicial appeal
- Authors: Gizyatova S.V.1, Kurochkin A.V.1
-
Affiliations:
- Kazan (Volga Region) Federal University
- Issue: Vol 17, No 6 (2024)
- Pages: 33-38
- Section: Public Law (State Law) Sciences
- URL: https://journals.rcsi.science/2072-3164/article/view/279838
- DOI: https://doi.org/10.33693/2072-3164-2024-17-6-033-038
- EDN: https://elibrary.ru/IPJNUN
- ID: 279838
Cite item
Open Access
Access granted
Subscription Access
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.
Full Text
##article.viewOnOriginalSite##About the authors
Svetlana V. Gizyatova
Kazan (Volga Region) Federal University
Author for correspondence.
Email: dmdr1987@mail.ru
SPIN-code: 1128-9226
Cand.Sci.(Law), Associate Professor; Naberezhnye Chelny Institute
Russian Federation, Naberezhnye ChelnyAnatoly V. Kurochkin
Kazan (Volga Region) Federal University
Email: Kurochkin.tolik@bk.ru
SPIN-code: 1017-7618
Cand.Sci.(Law), Dr.Sci.(Politics), Professor; Naberezhnye Chelny Institute
Russian Federation, Naberezhnye ChelnyReferences
- Anikitin A. The concept, place and role of an official in the system of administrative legal relations. Law and Law. 2008. No. 6. pp. 69-71.
- Borisova D.S. Formation and development of the concept of an official in domestic legislation. Bulletin of the Academy of Management and Production. 2023. No. 5. pp. 121-128.
- Vinogradova P.A. Legal status of officials of state authorities of the constituent entities of the Russian Federation. Moscow: Infra-M, 2015. 160 p.
- Gagiev A.K. The right to judicial protection as a constitutional guarantee. Russian justice. 2013. No. 12. pp. 5-7.
- Zotov A.D. Some issues of implementation of the constitutional guarantee of judicial protection of the rights and freedoms of man and citizen in the Russian Federation. New Legal Bulletin. 2020. No. 6 (20). pp. 3-8.
- Kalinina S.V., Bobyleva M.N. Issues of legal regulation of the right of citizens to appeal unlawful decisions of officials of public authorities. Law and power. 2020. No. 3. pp. 80-82.
- Kozhaev A.V., Minaev A.V. The concept of “official” and types of officials. International Journal of Humanities and Natural Sciences. 2023. No. 8-1 (83). pp. 43-45.
- Mikhailova E.V. Constitutional and legal guarantees of the right to judicial protection and problems of their implementation. Rule of law: theory and practice. 2023. No. 2 (72). pp. 46-52.
- Orlov V.B. The concept and status of an official in the administrative law of the Russian Federation. Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2013. No. 12. pp. 126-129.
- Panin Yu.I., Zakopyrin V.N. Industry-wide concept of an official: problem statement and solutions. Eurasian Legal Journal. 2022. No. 7 (170). pp. 132-133.
- Tkacheva N.V. The essence of the concept of an official. Problems of law. 2020. No. 5 (79). pp. 89-92.
- Tuaeva F.A., Stepenko A.V. Appealing decisions, actions and inactions of executive authorities and their officials. Current research. 2023. No. 38-1 (168). pp. 82-85.
- Fedunova P.A. The right to appeal against actions (inaction) of executive authorities and their officials. Innovations. The science. Education. 2021. No. 48. pp. 734-737.
- Khakhaleva E.V. Appealing decisions of officials in administrative proceedings: issues of theory and practice. Issues of Russian and international law. 2019. Vol. 9. No. 6-1. pp. 182-189.
- Yuldasheva L.D. Problems of the effectiveness of the mechanism for implementing the constitutional right of citizens to appeal decisions and actions (or inaction) of officials. Bulletin of the Chelyabinsk State University. 2007. No. 9 (87). pp. 33-39.
Supplementary files
