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The document ceased to be valid since December 25, 2018 according to Item 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 25, 2018 No. 50

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 29, 2007 No. 48

About practice of consideration by courts of cases on contest of regulatory legal acts completely or in part

(as amended on 09-02-2012)

Having discussed materials of the carried-out generalization of practice of consideration by courts of cases on recognition invalid regulatory legal acts completely or in part, the Plenum notes that courts had questions requiring permission. For the purpose of ensuring the correct and uniform application of the legislation in case of production on cases on contest of regulatory legal acts the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. Persons listed in parts 1 and 2 of article 251 CCP of the Russian Federation, the general jurisdiction having the right to take a legal action with the statement for contest of regulatory legal acts.

In case of the solution of question of whether consideration of such statement is subordinated to court, it is necessary to consider type of the disputed regulatory legal act and type of regulatory legal act, about check of compliance to which the question in the statement is put.

To courts cases on contest completely or regarding the regulatory legal acts lower than the level of the Federal Law listed regarding the 2nd article 125 of the Constitution of the Russian Federation on the bases of their contradiction are subordinated to other, except the Constitution of the Russian Federation, to the regulatory legal act having big legal force (for example, cases on contest of regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, the laws of subjects of the Russian Federation on the bases of their contradiction to the Federal Laws).

At the same time it must be kept in mind that cases are not subordinated to courts:

about contest on the contradiction bases to the Federal Laws of regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation in cases when check of compliance of the specified regulatory legal acts to the Federal Law is impossible without establishment of their compliance of the Constitution of the Russian Federation;

about contest of constitutions and charters of subjects of the Russian Federation as check of compliance of the constituent act of the subject of the Russian Federation to the Federal Law is integrated to establishment of its compliance to regulations of the Constitution of the Russian Federation.

In the presence in the subject of the Russian Federation of the constitutional (authorized) court of the subject of the Russian Federation courts of law have no right to consider cases on check of compliance of the laws of the subject of the Russian Federation, regulatory legal acts of public authorities of the subject of the Russian Federation, local government bodies of the constitution (charter) of the subject of the Russian Federation as consideration of these cases is referred by part 1 of article 27 of the Federal constitutional Law "About Judicial System of the Russian Federation" to competence of the constitutional (authorized) court of the subject of the Russian Federation.

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