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CODE OF ADMINISTRATIVE LEGAL PROCEEDINGS OF THE RUSSIAN FEDERATION

of March 8, 2015 No. 21-FZ

(as amended on 30-04-2021)

Accepted by the State Duma on February 20, 2015

Approved by the Federation Council on February 25, 2015

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Subject of regulation of this Code

1. This Code regulates procedure of administrative legal proceedings by consideration and permission by the Supreme Court of the Russian Federation, courts of law, magistrate judges (further also - courts) administrative cases about protection of the violated or disputed rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations, and also another administrative cases arising from the administrative and other public legal relationship and connected with implementation of judicial control of legality and justification of implementation of the state or other public powers.

2. Courts according to the procedure, provided by this Code, consider and resolve the administrative cases subordinated to them about protection of the violated or disputed rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations arising from administrative and other public legal relationship including administrative cases:

1) about contest of regulatory legal acts completely or in part;

1. 1) about contest of the acts which are containing explanations of the legislation and having normative properties;

2) about contest of decisions, actions (failure to act) of public authorities, other state bodies, bodies of military management, local government bodies, officials, government and local government officers;

2. 1) about award of compensation for violation of conditions of detention, contents in correctional facility;

3) about contest of decisions, actions (failure to act) of the non-profit organizations given separate state or other public authority including self-regulatory organizations;

4) about contest of decisions, actions (failure to act) of qualification boards of judges;

5) about contest of decisions, actions (failure to act) of the Highest examination committee for acceptance of qualification examination on judgeship and examination committees of subjects of the Russian Federation on acceptance of qualification examination on judgeship (further also - examination committees);

6) about protection of the voting rights and the participation rights in referendum of citizens of the Russian Federation;

7) about award of compensation for violation of the right to legal proceedings in reasonable time on the cases considered by courts of law or the rights to execution of the court ruling of court of law in reasonable time.

3. Courts according to the procedure, provided by this Code, consider and resolve the administrative cases subordinated to them connected with implementation of mandatory judicial control behind observance of rights and freedoms of man and citizen, rights of the organizations in case of implementation of separate administrative imperious requirements to physical persons and the organizations including administrative cases:

1) about suspension of operations or liquidation of political party, its regional department or other structural division, other public association, religious and other non-profit organization, and also about prohibition of activities of public association or religious organization, not being legal entities, about exception of data on non-profit organization of the state register;

2) about the termination of activities of mass media;

2. 1) about restriction of access to audiovisual service;

2. 2) about recognition of information placed in information and telecommunication networks, including in Internet network, by information which distribution in the Russian Federation is forbidden;

2. 3) about recognition of information materials extremist;

3) about collection of sums of money on account of payment of the obligatory payments and sanctions established by the law from physical persons (further - administrative cases about collection of obligatory payments and sanctions);

4) about the room of the foreign citizen or stateless person, the subject deportations or transfer by the Russian Federation to foreign state according to the international treaty of the Russian Federation on readmission, or the foreign citizen or the person without citizenship accepted by the Russian Federation transferred by foreign state of the Russian Federation according to the international treaty of the Russian Federation on readmission but who do not have legal causes for stay (residence) in the Russian Federation (further - the foreign citizen who is subject to deportation or readmission), in the special facility intended for this purpose provided by the Federal Law regulating legal status of foreign citizens in the Russian Federation (further - special facility), and about prolongation of term of stay of the foreign citizen in special facility (further - administrative cases about the temporary room of the foreign citizen, subject to deportation or readmission, in special facility and about prolongation of term of stay of the foreign citizen who is subject to deportation or readmission in special facility);

5) about establishment, about prolongation, early termination of administrative supervision, and also about partial cancellation or amendment of the administrative restrictions which are earlier set to the person under surveillance to person (further also - administrative cases about administrative supervision of persons exempted from places of detention);

6) about hospitalization of the citizen in the medical organization giving mental health services in stationary conditions, in involuntary procedure about prolongation of term of hospitalization of the citizen in involuntary procedure or about psychiatric survey of the citizen in involuntary procedure;

7) about hospitalization of the citizen in the medical antitubercular organization in involuntary procedure;

8) other administrative cases about hospitalization of the citizen in the medical organization of not psychiatric profile in involuntary procedure;

9) about protection of interests of the minor or person recognized in accordance with the established procedure incapacitated, in case of refusal the legal representative from the medical intervention necessary for rescuing of life.

3.1. Statements for pronouncement of the writ according to requirements about collection of obligatory payments and sanctions are considered according to the procedure, established by this Code.

4. The cases arising from public legal relationship and referred by the Federal Law to competence of the Constitutional Court of the Russian Federation, the constitutional (authorized) courts of subjects of the Russian Federation, Arbitration Courts or which are subject to consideration in other judicial (procedural) procedure in the Supreme Court of the Russian Federation, courts of law are not subject to consideration according to the procedure, established by this Code.

5. Provisions of this Code do not extend to production on cases on administrative offenses, and also to production on cases on the address of collection at the expense of the budgets of budget system of the Russian Federation, except as specified, provided by this Code.

Article 2. Legislation on administrative legal proceedings

1. The procedure of administrative legal proceedings is determined by the Constitution of the Russian Federation, the Federal constitutional Law of December 31, 1996 No. 1-FKZ "About judicial system of the Russian Federation", the Federal constitutional Law of June 23, 1999 No. 1-FKZ "About public vessels of the Russian Federation", the Federal constitutional Law of February 7, 2011 No. 1-FKZ "About courts of law in the Russian Federation", and also this Code and other Federal Laws.

2. If the international treaty of the Russian Federation establishes other rules of administrative legal proceedings, than provided by this Code rules of the international treaty are applied. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

3. The general rules of administrative legal proceedings provided by this Code in courts of the first, appeal, cassation and supervising instances are applied to all categories of administrative cases taking into account features of production on separate categories of the administrative cases established by this Code.

4. In case of lack of the regulation of procedural law governing the relations which arose during administrative legal proceedings, the court applies the regulation governing the similar relations (analogy of the law), and in the absence of such regulation is effective proceeding from the principles of implementation of justice in the Russian Federation (analogy is right).

5. Administrative legal proceedings are performed according to those regulations of procedural law which are effective during consideration and permission of administrative case, making of separate legal proceeding.

Article 3. Tasks of administrative legal proceedings

Tasks of administrative legal proceedings are:

1) ensuring availability of justice in the field of administrative and other public legal relationship;

2) protection of the violated or disputed rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations in the field of administrative and other public legal relationship;

3) correct and timely consideration and permission of administrative cases;

4) strengthening of legality and the prevention of violations in the field of administrative and other public legal relationship;

5) peaceful settlement of the disputes arising from administrative and other public legal relationship.

Article 4. The right to appeal to the court with the administrative action for declaration

1. The right to appeal to the court behind protection of the violated or disputed rights, freedoms and legitimate interests is guaranteed to each interested person including if, according to this person, obstacles to implementation of its rights, freedoms and realization of legitimate interests are created or any obligation, and also the right to appeal to the court in protection of the rights of other persons or in protection of public interests in the cases provided by this Code and other Federal Laws is illegally assigned to it.

2. Coercion to disclaimer on appeal to the court is inadmissible.

3. If for certain category of administrative cases the obligatory pre-judicial procedure for settlement of administrative or other public dispute is established by the Federal Law, appeal to the court is possible after observance of such procedure.

3.1. The parties have the right to use after appeal to the court conciliatory procedures for dispute settlement, except as specified, provided by this Code.

4. Foreign citizens, stateless persons, the foreign and international organizations (further also - foreign persons) have the right to turn to the courts for protection of the violated or disputed rights, freedoms and legitimate interests in the field of the administrative and other public legal relationship based on imperious subordination of one party another. Foreign persons have procedural law and carry out procedural obligations on an equal basis with the Russian citizens and the organizations, except as specified, directly provided by this Code. Response restrictions on foreign persons of those states in which courts restrictions of procedural law of the Russian citizens and the organizations are allowed can be set by the government of the Russian Federation.

Article 5. Administrative standing in court and administrative procedural capacity to act, administrative procedural legal personality

1. Capability have procedural law and perform procedural duties is recognized administrative legal proceedings (administrative standing in court) equally for all citizens, public authorities, other state bodies, local government bodies, their officials, public associations, religious and other organizations, including non-commercial, and also public associations and the religious organizations who are not legal entities if they according to this Code and other Federal Laws have rights to judicial protection of the rights, freedoms and legitimate interests in the public sphere.

2. Capability the actions to perform procedural law, including to charge conducting administrative case to the representative and to fulfill procedural duties in administrative legal proceedings (administrative procedural capacity to act) belongs:

1) to the citizens who reached age of eighteen years and are not recognized as incapacitated;

2) to minor citizens aged from fourteen up to eighteen years and to the citizens limited in capacity to act - on the administrative cases arising from disputable administrative and other public legal relationship in which the specified citizens according to the law can independently participate. In case of need the court can recruit in consideration of administrative case of legal representatives of these citizens;

3) to public authorities, other state bodies, local government bodies, the electoral commissions, commissions of referendum, public associations, religious and other organizations, including non-commercial;

4) to public associations and the religious organizations, not being legal entities, - on the administrative cases arising from disputable administrative and other public legal relationship in which these associations and the organizations according to the legislation can participate.

3. The rights, freedoms and legitimate interests of citizens which did not reach age of eighteen years of citizens who are limited in capacity to act and cannot independently participate according to the legislation in the administrative cases arising from disputable administrative and other public legal relationship their legal representatives protect in legal procedure. In case of need the court can recruit these citizens in consideration of administrative case.

4. The rights, freedoms and legitimate interests of the citizens recognized as incapacitated are protected in legal procedure by their legal representatives.

5. Administrative standing in court and administrative procedural capacity to act of foreign citizens, stateless persons are determined by their personal law, the international treaty of this country with the Russian Federation and the legislation regulating questions of participation of these persons in disputable administrative and other public legal relationship. The right of the country which nationality the citizen has is considered the personal law of the foreign citizen. If the citizen along with citizenship of the Russian Federation has nationality of foreign state, Russian law is considered its personal law. In the presence at the foreign citizen of nationality of several foreign states the right of the country in which the citizen takes the residence is considered its personal law. If the foreign citizen takes the residence in the Russian Federation, Russian law is considered its personal law. The right of the country in which this person takes the residence is considered the personal law of the stateless person.

6. Person which does not have procedural capacity to act according to the personal law can is recognized in the territory of the Russian Federation having administrative procedural capacity to act according to Russian law.

7. Administrative standing in court and administrative procedural capacity to act of the foreign organizations (administrative procedural legal personality) are determined by the right of the country in which the relevant organization is founded the international treaty of this country with the Russian Federation and the legislation regulating questions of participation of such organizations in disputable administrative and other public legal relationship.

8. The foreign organization which does not have procedural legal personality according to the right of the country in which the organization is founded can be recognized in the territory of the Russian Federation as the having administrative procedural legal personality according to Russian law.

9. Administrative procedural legal personality of the international organization is established on the basis of the international treaty according to which it is created of its constituent documents or the agreement with competent authority of the Russian Federation.

Article 6. Principles of administrative legal proceedings

The principles of administrative legal proceedings are:

1) independence of judges;

2) equality of all before the law and court;

3) legality and justice by consideration and permission of administrative cases;

4) implementation of administrative legal proceedings in reasonable time and execution of court resolutions on administrative cases in reasonable time;

5) publicity and openness of legal proceedings;

6) spontaneity of legal proceedings;

7) competitiveness and equality of participants of administrative legal proceedings in case of active role of court.

Article 7. Independence of judges

1. When implementing administrative legal proceedings of the judge are independent, submit only to the Constitution of the Russian Federation and the Federal Law.

2. Any intervention from public authorities, other state bodies, local government bodies, other bodies, the organizations, officials and citizens in activities of court for implementation of justice is forbidden and involves the responsibility established by the Federal Law.

3. Guarantees of independence of judges are established by the Constitution of the Russian Federation and the Federal Law.

4. Information on extra procedural written or oral appeals of the state bodies, local government bodies, other bodies, the organizations, officials or citizens who arrived to the administrative law judges who are in their production or to the chairman of justices, his deputy, the chairman of judicial structure or the chairman of judicial board on the administrative cases which are in production of court is subject to the bringing to publicity and bringing to data of participants of legal proceedings by placement of this information on the official site of court on the Internet and is not the basis for carrying out legal proceedings or adoption of proceeding decisions on administrative cases.

Article 8. Equality of all before the law and court

1. Justice on administrative cases is performed on the basis of the principle of equality of all before the law and court: citizens - irrespective of floor, race, nationality, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations and other circumstances; the organizations - irrespective of their form of business, pattern of ownership, subordination, the location and other circumstances.

2. The court provides equal judicial protection of the rights, freedoms and legitimate interests of all persons participating in case.

Article 9. Legality and justice by consideration and permission of administrative cases

Legality and justice by consideration and permission by courts of administrative cases are provided with observance of provisions, stipulated by the legislation about administrative legal proceedings, to exact and corresponding circumstances of administrative case by the correct interpretation and application of the laws and other regulatory legal acts including governing the relations connected with implementation of the state and other public powers, and also receipt by citizens and the organizations of judicial protection by recovery of their violated rights and freedoms.

Article 10. Reasonable time of administrative legal proceedings and reasonable time of execution of court resolutions on administrative cases

1. Administrative legal proceedings and execution of court resolutions on administrative cases are performed in reasonable time.

2. In case of determination of reasonable time of administrative legal proceedings which includes the period from the date of receipt of the administrative action for declaration in Trial Court about day of acceptance of the last court resolution on administrative case such circumstances as legal and actual complexity of administrative case, behavior of participants of legal procedure, sufficiency and efficiency of the actions of court performed for the purpose of timely consideration of administrative case and also general duration of legal proceedings on administrative case are considered.

3. Trial of administrative cases in courts is performed in the terms established by this Code. Prolongation of these terms is admissible in the cases and procedure established by this Code.

4. The circumstances connected with the organization of work of court, including stipulated in Item 2 parts 3 of article 28 of this Code and requiring replacement of the judge, and also consideration of administrative case by different instances cannot be taken into account as the bases for exceeding of reasonable time of administrative legal proceedings.

5. The rules of determination of reasonable time of administrative legal proceedings provided by parts 2 and 4 of this Article are applied also in case of determination of reasonable time of execution of court resolutions on administrative cases.

6. If after adoption of the administrative action for declaration to production of court administrative case the long time is not considered and legal procedure is obviously dragged out, the chairman of justices on the initiative or based on the corresponding statement of the interested person for acceleration of consideration of administrative case has the right to take out motivated determination about acceleration of consideration of administrative case.

7. Circumstances on which person submitting the application bases the requirement shall be specified in the statement for acceleration of consideration of administrative case, in particular. The application for acceleration of consideration of administrative case is considered by the chairman of justices no later than the next working day after day of receipt of this petition without notice of person who submitted the application and the other persons participating in case. By results of consideration of the application the chairman of justices takes out motivated determination about allowance of the application and acceleration of consideration of administrative case or about refusal in it.

8. In determination about allowance of the application and acceleration of consideration of administrative case actions which should be made for acceleration of its consideration, and also fixed term within which judicial session shall be held can be specified.

9. The copy of determination about allowance of the application and acceleration of consideration of administrative case or about refusal in it goes to the persons participating in case no later than the next working day after day of removal of determination.

Article 11. Publicity and openness of legal proceedings

1. Trial of administrative cases in all courts open.

2. Trial of administrative cases in the closed judicial session is performed if materials of the considered administrative case contain the data which are the state or protected by the law other secret. Trial in the closed judicial session is allowed also in case of satisfaction of the petition of the person participating in case, referring to need of preserving the commercial or protected by the law other secret, to the data of confidential nature containing in administrative case, to personal privacy of citizens or other circumstances which public discussion can interfere with the correct trial of administrative case or entail disclosure of the specified secrets and violation of the rights and legitimate interests of the citizen.

3. Persons participating in case and persons who are not participating in case, question of the rights and about which obligations it is permitted by court cannot be limited in right to be informed about date, time and the place of consideration of administrative case, oral and written information on results of consideration of administrative case and the court resolutions adopted on it.

4. Everyone has the right to get acquainted in accordance with the established procedure with the judgment which took legal effect on the administrative case considered in proceeding in open court, except as specified restrictions of this right according to the law.

5. Persons participating in case and the other persons who are present at proceeding in open court have the right to fix the course of legal proceedings in writing and by audio recording. Photographing of judicial session, its video, radio - and TV broadcast, broadcasting with use of the Internet are allowed from the leave of court.

6. About trial of administrative case in the closed judicial session motivated determination of court is taken out. Determination is taken out concerning all legal proceedings or its part.

7. At trial of administrative case at the closed judicial session there are persons participating in case, their representatives, and at necessary cases also witnesses, experts, specialists, translators.

8. In the closed judicial session administrative case is considered and allowed with observance of all rules of administrative legal proceedings. Use of systems of video conferencing in the closed judicial session is not allowed.

9. Persons participating in case and the other persons who are present when making legal proceeding during which the data specified in part 2 of this Article can be revealed are warned by court about responsibility for their disclosure.

10. Decisions of the courts on administrative cases appear publicly, except as specified, if such decisions affect the rights and legitimate interests of minors. If legal proceedings were performed in the closed judicial session, the court announces publicly only substantive provisions of the decision.

11. In the cases provided by this Code, decisions of the courts on administrative cases are subject to obligatory publication.

Article 12. Language in which administrative legal proceedings are conducted

1. Administrative legal proceedings are conducted in Russian - state language of the Russian Federation. Administrative legal proceedings in the federal courts of the general jurisdiction which are in the territory of the republic which is part of the Russian Federation, can be conducted also in state language of this republic.

2. Explains to the persons who are participating in case and not knowing language in which administrative legal proceedings are conducted court and provides the right to get acquainted with materials of administrative case, to participate in legal proceedings, to offer explanations, to appear in court, to declare petitions and to make complaints in the native language or freely chosen communication language, to use translation service according to the procedure, established by this Code.

3. The judgment is stated in Russian, and in case of the petition of the party is transferred to the language used during legal proceedings.

Article 13. Spontaneity of legal proceedings

The court by consideration of administrative case shall research directly all proofs on administrative case.

Article 14. Competitiveness and equality of participants

1. Administrative legal proceedings are performed on the basis of competitiveness and equality of participants.

2. Court, keeping independence, objectivity and impartiality, performs management of legal procedure, explains to each of the parties of their right and obligation, warns about effects of making or non-execution of legal proceedings by the parties, renders them assistance in realization of their rights, creates conditions and takes the measures provided by this Code for comprehensive and complete establishment of all actual circumstances on administrative case, including for identification and reclamation on own initiative of proofs, and also for the correct application of the laws and other regulatory legal acts by consideration and permission of administrative case.

3. The parties have the equal rights to the statement of branches and petitions, production of evidence, participation in their research, performance in judicial debate, representation to court of the arguments and explanations, implementation of other procedural law provided by this Code. The right to produce the evidence to court and other party on administrative case, to declare petitions, to make the arguments and observations, to offer explanations on all questions arising during consideration of administrative case connected with production of evidence is provided to the parties.

Article 15. The regulatory legal acts applied in case of permission of administrative cases

1. Courts resolve administrative cases based on the Constitution of the Russian Federation, international treaties of the Russian Federation, the Federal constitutional Laws, the Federal Laws, regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation, federal executive bodies, constitutions (charters), the laws and other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies, officials, and also regulatory legal acts of the organizations which are in accordance with the established procedure given authority on adoption of such acts.

2. If in case of permission of administrative case the court establishes discrepancy of the regulatory legal act which is subject to application to the law or other regulatory legal act having big legal force he makes the decision according to the law or other regulatory legal act having big legal force.

3. If in case of permission of administrative case the court comes to conclusion about discrepancy of the law applied or which is subject to application in the considered administrative case, the Constitution of the Russian Federation, he appeals to the Constitutional Court of the Russian Federation with request about check of constitutionality of this law. In this case production on administrative case stops based on Item 5 of part 1 of article 190 of this Code.

4. If the international treaty of the Russian Federation establishes other rules, than provided by the regulatory legal act having equal or smaller legal force in comparison with regulatory legal act which expresses consent to be bound of this international treaty in case of permission of administrative case rules of the international treaty are applied. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

5. In case of permission of administrative case the court applies regulations of the substantive right which affected the moment of emergence of legal relationship with participation of the administrative claimant if other does not follow from the Federal Law.

6. In case of lack of the rules of law governing the disputable relations if it does not contradict their being, the court applies the rules of law governing the similar relations (analogy of the law) to such relations, and in the absence of such rules of law resolves administrative case proceeding from the general beginnings and sense of the legislation (analogy is right).

Article 16. Obligation of court resolutions

1. The court resolutions which took legal effect (decisions, writs, determinations, resolutions) on administrative cases, and also legal orders, requirements, orders, challenges and appeals of courts are obligatory for public authorities, other state bodies, local government bodies, the electoral commissions, the commissions of referendum, the organizations, associations, officials, the government and local government officers, citizens and are subject to execution in all territory of the Russian Federation.

1.1. The court resolution, except for the act containing the data which are the secret protected by the law can be executed in electronic form which is signed by the judge the strengthened qualified digital signature. If the court resolution is adopted by court jointly, it is signed by all judges considering case, the strengthened qualified digital signature. In case of accomplishment of court resolution in electronic form the copy of this court resolution on paper is in addition carried out.

2. Non-execution of court resolutions on administrative cases, and also the delay of their execution involves application of the measures provided by this Code or the responsibility established by the Federal Laws.

Article 16.1. Transition to consideration of the case on civil procedure rules

1. In case of appeal to the court with the statement containing several requirements connected among themselves from which one are subject to consideration according to the procedure of civil legal proceedings others - according to the procedure of administrative legal proceedings if separation of requirements is impossible, case is subject to consideration and permission according to the procedure of civil legal proceedings.

2. In case of presentation in court of the action for declaration containing several requirements, one of which are subject to consideration by rules of administrative legal proceedings, and others - on civil procedure rules if their separate consideration is possible, the judge resolves question of adoption of the requirements which are subject to consideration according to the procedure of administrative legal proceedings.

3. If other requirements imposed in court which are subject to consideration according to the procedure of civil legal proceedings are jurisdictional to this court, the question of their acceptance to production is resolved by the judge according to the legislation on civil legal proceedings based on the copies of the action for declaration and the corresponding documents attached to it certified by it.

4. If other requirements imposed in court which are subject to consideration according to the procedure of civil legal proceedings are not jurisdictional to this court, the judge returns the action for declaration regarding such requirements according to Item 2 of part 1 of article 129 of this Code.

5. Court, having determined during preparation of administrative case for legal proceedings or legal proceedings on administrative case that it is subject to consideration according to the procedure of civil legal proceedings, takes out determination about transition to consideration of the case on civil procedure rules.

Chapter 2. Jurisdiction and cognizance of administrative cases to courts

Article 17. Jurisdiction of administrative cases to courts

The Supreme Court of the Russian Federation, courts of law and magistrate judges consider and resolve the administrative cases connected with protection of the violated or disputed rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations, and also another administrative cases arising from administrative or other public legal relationship and connected with implementation of judicial control of legality and justification of implementation of the state or other public powers, except for the cases referred by the Federal Laws to competence of the Constitutional Court of the Russian Federation, the constitutional (authorized) courts of subjects of the Russian Federation.

Article 17.1. Administrative cases, cognizable to magistrate judges

The magistrate judge considers applications for pronouncement of the writ according to requirements about the collection of obligatory payments and sanctions according to the procedure established by Chapter 11.1 of this Code.

Article 18. Administrative cases, cognizable to public vessels

In the cases provided by the Federal Laws, the administrative cases connected with protection of the violated or disputed rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations in the field of administrative and other public legal relationship, are considered by public vessels.

Article 19. Administrative cases, cognizable to district court

Administrative cases, except for the administrative cases provided by Articles 17. 1, 18, 20 and 21 of this Code, and also the cases arising from administrative and other public legal relationship cognizable to Arbitration Courts, are considered by district court as Trial Court.

Article 20. Administrative cases, cognizable to the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area

1. The Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area consider administrative cases as Trial Court:

1) connected with the state secret;

2) about contest of the regulatory legal acts, the acts which are containing explanations of the legislation and having normative properties, public authorities of subjects of the Russian Federation, representative bodies of municipalities;

3) about contest of decisions of qualification boards of judges of subjects of the Russian Federation, except for decisions on suspension or the termination of powers of judges, on suspension or the termination of their resignation;

4) about contest of decisions and actions (failure to act) of examination committees of the subject of the Russian Federation for acceptance of qualification examination on judgeship in the bases of violation of the procedure of holding qualification examination and other decisions on refusal in the admission to passing qualification examination on judgeship, and also about contest of actions (failure to act) of the specified examination committees as a result of which the candidate for judgeship was not allowed to passing qualification examination;

5) about suspension of operations or about liquidation of regional departments or other structural divisions of political parties, interregional and regional public associations; about liquidation of the local religious organizations, the centralized religious organizations consisting of the local religious organizations which are in limits of one subject of the Russian Federation; about prohibition of activities not being legal entities of interregional and regional public associations and the local religious organizations, the centralized religious organizations consisting of the local religious organizations which are in limits of one subject of the Russian Federation;

6) about the termination of activities of mass media which products are intended for distribution in the territory of one subject of the Russian Federation;

7) about contest of decisions (evasion from decision making) the electoral commissions of subjects of the Russian Federation (irrespective of the level of elections, referendum), district electoral commissions at elections of deputies of the State Duma of Federal Assembly of the Russian Federation, district electoral commissions at elections to legislative (representative) public authorities of subjects of the Russian Federation, except for the decisions upholding decisions of subordinate electoral commissions, commissions of referendum;

8) about cancellation of registration of the candidate of the State Duma of Federal Assembly of the Russian Federation proposed on the single-candidate constituency;

9) about cancellation of registration of the candidate for position of the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation);

10) about cancellation of registration of the candidate including included in the registered candidate list about cancellation of registration of the candidate list on elections to legislative (representative) public authorities of subjects of the Russian Federation;

11) about disbandment of the electoral commissions, except for the case specified in Item 10 of Article of 21 of this Code;

12) about determination of term of calling of an election in public authorities of subjects of the Russian Federation, in bodies of the public power of the federal territories, and also in local government bodies;

13) about recognition unauthorized structure of legislative (representative) public authority of the subject of the Russian Federation, representative body of the municipality;

14) about award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time on cases, cognizable magistrate judges, district courts;

15) about contest of results of determination of cadastral cost, including contest of decisions of the commission on consideration of disputes on results of determination of cadastral cost, and also about contest of actions (failure to act) of such commission.

2. The Moscow city court considers as Trial Court administrative cases about restriction of access to audiovisual service.

Article 21. Administrative cases, cognizable to the Supreme Court of the Russian Federation

The Supreme Court of the Russian Federation considers administrative cases as Trial Court:

1) about contest of regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation, federal executive bodies, the Prosecutor General's Office of the Russian Federation, the Investigative Committee of the Russian Federation, Judicial department under the Supreme Court of the Russian Federation, the Central bank of the Russian Federation, Russian Central Election Commission, state non-budgetary funds, including the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Health Insurance Fund, and also the state corporations;

1. 1) about contest of acts of federal executive bodies, other federal state bodies, the Central bank of the Russian Federation, state non-budgetary funds, including the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Health Insurance Fund which are containing explanations of the legislation and having normative properties;

2) about contest of substandard legal acts of the President of the Russian Federation, the Federation Council of Federal Assembly of the Russian Federation, State Duma of Federal Assembly of the Russian Federation, Government of the Russian Federation, Russian Government Commission on Foreign Investments;

3) about contest of decisions of the Highest qualification board of judges of the Russian Federation and decisions of qualification boards of judges of subjects of the Russian Federation on suspension or the termination of powers of judges or on suspension or the termination of their resignation, and also other decisions of qualification boards of judges which appeal is provided in the Supreme Court of the Russian Federation by the Federal Law;

4) about contest of decisions and actions (failure to act) of the Highest examination committee for acceptance of qualification examination on judgeship in the bases of violation of the procedure of holding qualification examination and its decisions on refusal in the admission to passing qualification examination on judgeship, and also about contest of actions (failure to act) of the specified examination committee as a result of which the candidate for judgeship was not allowed to passing qualification examination;

5) about suspension of operations of political parties, all-Russian and international public associations, about liquidation of political parties, all-Russian and international public associations, about liquidation of the centralized religious organizations having the local religious organizations in the territories of two and more subjects of the Russian Federation;

6) about the termination of activities of mass media which products are intended for distribution in the territories of two and more subjects of the Russian Federation;

7) about contest of decisions (evasion from decision making) Russian Central Election Commission (irrespective of the level of elections, referendum), except for the decisions upholding decisions of subordinate electoral commissions, commissions of referendum;

8) about cancellation of registration of the candidate for President of the Russian Federation, registration of the federal candidate list, registration of the candidate included in the registered federal candidate list and also about exception of regional group of candidates of the federal candidate list in case of elections of deputies of the State Duma of Federal Assembly of the Russian Federation;

9) about the termination of activities of initiative group for holding referendum of the Russian Federation, initiative propaganda group;

10) about disbandment of Russian Central Election Commission;

11) about the dispute resolution between federal bodies of the government and public authorities of subjects of the Russian Federation, between public authorities of the subjects of the Russian Federation submitted to the Supreme Court of the Russian Federation by the President of the Russian Federation according to article 85 of the Constitution of the Russian Federation;

12) about award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time on cases, cognizable federal courts of the general jurisdiction, except for district courts and garrison public courts;

13) about contest of substandard legal acts of the Ministry of Defence of the Russian Federation, other federal executive bodies in which the Federal Law provides military service, the concerning rights, freedoms and interests of the military personnel, the citizens undergoing military charges protected by the law;

14) about the contest of substandard legal acts of the Prosecutor General's Office of the Russian Federation and the Investigative Committee of the Russian Federation concerning the rights, freedoms and the interests of the military personnel of bodies of military prosecutor's office and military personnel of military investigating bodies of the Investigative Committee of the Russian Federation protected by the law.

Article 22. Submission of the administrative action for declaration at the place of residence, the address of the administrative defendant

1. The administrative action for declaration to public authority, other state body, local government body, the electoral commission, the commission of referendum, the organization given separate state or other public authority is filed a lawsuit in the place of their stay, to the official, the government or local government officer - in the location of body in which specified persons fulfill the duties.

2. If the location of public authority, other state body, local government body, the organization given separate state or other public authority does not match with the territory to which their powers extend or on which the official, the government or local government officer fulfills the duties, the administrative action for declaration is filed a lawsuit that area to which territory powers of the specified bodies, the organizations or in the territory of which the corresponding official, the government or local government officer fulfills the duties, extend.

3. The administrative action for declaration to the citizen or the organization which in disputable public legal relationship act as the subject which does not have administrative or other public powers is filed a lawsuit at the place of residence of the citizen or to the address of the organization if other is not established by this Code.

Article 23. Exclusive cognizance

1. The administrative action for declaration about the placement of the foreign citizen who is subject to deportation or readmission to special facility or about prolongation of term of stay of the foreign citizen who is subject to deportation or readmission in special facility is filed a lawsuit to the address of special facility in which the foreign citizen who is subject to deportation or readmission is placed.

2. The administrative action for declaration about hospitalization of the citizen in the medical organization giving mental health services in stationary conditions, in involuntary procedure or about prolongation of term of hospitalization of the citizen in the medical organization giving mental health services in stationary conditions, in involuntary procedure is filed a lawsuit to the address of the medical organization in which the citizen is placed.

3. The administrative action for declaration about psychiatric survey of the citizen in involuntary procedure is filed a lawsuit at the place of residence of the citizen.

4. The administrative action for declaration about hospitalization of the citizen in the medical antitubercular organization in involuntary procedure is filed a lawsuit to the address of the medical antitubercular organization in which the citizen is under dispensary observation.

5. The administrative action for declaration about protection of interests of the minor or person recognized in accordance with the established procedure incapacitated, in case of refusal the legal representative from the medical intervention necessary for rescuing of life of the represented person is filed a lawsuit to the address of the medical organization which filed such administrative action for declaration.

6. The administrative action for declaration about immediate discharge of the member of the precinct election commission, the commission of referendum from participation in work of the commission, immediate removal of the observer, the other person from the room for vote is filed a lawsuit in the commission location.

Article 24. Cognizance at the choice of the administrative claimant

1. The administrative action for declaration to the citizen whose residence is unknown or who does not take the residence in the Russian Federation can be filed a lawsuit in the location of its property or at its last known place of residence in the Russian Federation.

2. The administrative action for declaration to federal executive body following from activities of its territorial authority can be filed a lawsuit also in the location of territorial authority.

3. The administrative action for declaration about contest of decisions, actions (failure to act) of public authorities, other state bodies, local government bodies, the organizations given separate state or other public authority, officials (except for judicial police officers-contractors), the government and local government officers can be filed a lawsuit also at the place of residence of the citizen who is the administrative claimant, and in the cases provided by this Code - to the address of the organization which is the administrative claimant.

3.1. The administrative action for declaration about recognition of information materials extremist can be filed a lawsuit in the place of detection, distribution of these materials or to the address of the organization performing their production.

3.2. The administrative action for declaration about recognition of information placed in information and telecommunication networks, including in Internet network, is filed a lawsuit by information which distribution in the Russian Federation is forbidden to the address of the administrative claimant or to the address, the residence of the administrative defendant.

4. Option between several courts to which according to this Article jurisdictional administrative case, belongs to the administrative claimant.

Article 25. Rules of cognizance of administrative cases with participation of foreign persons

Cognizance of administrative cases with participation of foreign persons is determined by the general rules established by this Code if other is not provided by the international treaty of the Russian Federation.

Article 26. Cognizance of several administrative cases connected among themselves

1. The administrative action for declaration to several administrative defendants living or being in different places is filed a lawsuit at the place of residence or the address of one of them at the choice of the administrative claimant.

2. The counter administrative action is made in court in the place of consideration of the initial administrative action for declaration.

Article 27. Transfer of the administrative case accepted by court to the production to other court

1. The administrative case accepted by court to the production with observance of rules of cognizance shall be authorized to them in essence, at least further it will become cognizable to other court of law or Arbitration Court.

2. The court submits administrative case of other court if:

1) the administrative defendant, the residence or the address of which it was not known earlier, will declare the petition for transfer of administrative case to court in the place of his residence or its address;

2) by consideration of administrative case in this court it became clear that it was accepted to production with cognizance abuse of regulations;

3) after removal of one or several judges or for other reasons replacement of judges or consideration of administrative case in this court became impossible. Transfer of administrative case in this case is performed by superior court.

2.1. If by consideration of administrative case in court of law came to light that it is subject to consideration by Arbitration Court, the court of law submits the case to Arbitration Court to which cognizance it is carried by the law.

3. About transfer of administrative case to other court of law or Arbitration Court or about refusal in transfer of administrative case to the relevant court determination which can be appealed is taken out. Transfer of administrative case to other court of law or Arbitration Court is performed after the term of appeal of this determination, and in case of submission of the private claim, representation - after removal of determination of court about leaving of the claim, representation without satisfaction.

4. The administrative case directed from one court of law or Arbitration Court to other court of law or Arbitration Court shall be taken cognizance by court to which it is directed. Disputes on cognizance between courts in the Russian Federation are not allowed.

Chapter 3. Structure of court. Branches

Article 28. Forming of structure of court

1. The structure of court for consideration of administrative case is created taking into account loading and specialization of judges by use of the automated information system. In case of impossibility of use in court of the automated information system forming of structure of court in other procedure excluding influence on its forming of persons interested in the result of legal proceedings is allowed.

2. Administrative case which consideration is begun by one judge or structure of court shall be considered by the same judge or the same structure of court.

3. Replacement of the judge or several judges is possible in case:

1) declared and satisfied according to the procedure, established by this Code, rejection or removal of the judge;

2) long absence of the judge in view of disease, leave, study, official journey;

3) the terminations or suspensions of powers of the judge on the bases provided by the Federal Law;

4) transition to consideration of the case on rules of administrative legal proceedings.

4. In case of replacement of the judge or several judges in the course of consideration of administrative case legal proceedings are made from the very beginning. The solution of question of adoption of the administrative action for declaration to production, adjournment of legal proceedings, consideration of the application about application of measures of preliminary protection in the administrative claim and making of other legal proceedings in cases, being urgent, one judge instead of other judge according to the procedure of interchangeability are not replacement of the judge.

Article 29. Individual and joint consideration of administrative cases

1. Administrative cases in Trial Court are considered by the judge solely if joint consideration of administrative cases is not provided by this Article. Joint consideration of administrative cases in Trial Court is performed as a part of three judges.

2. The Trial Court is considered jointly:

1) administrative cases about contest of regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation;

2) administrative cases about disbandment of the electoral commissions;

3) administrative cases about contest of decisions (evasion from decision making) Russian Central Election Commission about election results of the President of the Russian Federation, about election results of deputies of the State Duma of Federal Assembly of the Russian Federation, about results of referendum of the Russian Federation;

4) the administrative cases sent in Trial Court for new trial with indication of for their joint consideration;

5) administrative cases, decisions on which joint consideration are made by the chairman of justices in connection with their special complexity based on the reasoned statement of the judge;

6) the administrative cases considered by Disciplinary board of the Supreme Court of the Russian Federation.

3. If other is not established by this Code, administrative cases in Appeal Court are considered jointly as a part of three judges.

4. Consideration of administrative cases in courts of cassation and supervising instances is performed by court as a part of the judge-chairman and at least two judges.

5. By joint consideration of administrative case one of judges presides in judicial session.

6. If by this Code the judge is granted the right to solely consider administrative cases and to make separate legal proceedings, the judge acts on behalf of court.

Article 30. Procedure for permission of questions court by joint consideration of administrative cases. Special opinion of the judge

1. The questions arising by joint consideration of administrative case are permitted by judges by a majority vote. None of judges have no right to refrain from vote. The judge presiding in judicial session votes the last.

2. If the judge does not agree with opinion of most of the judges voting for acceptance of court resolution or voted for the adopted court resolution on the substance of the question considered by court, but remained in minority during the vote on any other question or on motivation of the adopted court resolution, the judge shall sign this court resolution and has the right to state in writing the special opinion.

3. The judge shall state the special opinion in time, not exceeding five days from the date of decision making on administrative case. The special opinion of the judge joins materials of administrative case, but in case of the announcement of the decision made on administrative case is not disclosed, and also is not subject to publication.

Article 31. Removal of the judge

1. The judge cannot participate in consideration of administrative case and is subject to branch if it:

1) participated in the previous consideration of this administrative case as the judge and according to requirements of this Code its repeated participation in consideration of administrative case is inadmissible;

2) participated in the previous consideration of this administrative case as the prosecutor, the assistant judge, the court session secretary, the representative, the expert, the specialist, the translator or the witness;

2. 1) was judicial conciliator on this administrative case;

3) is family member, the relative or the relative of the spouse any of persons participating in case or their representatives;

4) personally, it is directly or indirectly interested in the result of administrative case.

2. The judge cannot participate in consideration of administrative case and is subject to branch if there are others, the circumstances which are not provided by part of 1 this Article which can raise doubts in its objectivity and impartiality.

3. Administrative case about award of compensation for violation of the right to legal proceedings in reasonable time cannot be considered by the judge if he was involved earlier in consideration of the case in connection with which there were bases for presentation of such requirements.

4. Persons who consist in relationship among themselves cannot enter into structure of the court considering administrative case, are members of one family, relatives or spouses of which are relatives.

Article 32. Inadmissibility of repeated participation of the judge in consideration of administrative case

1. The judge who was taking part in consideration of administrative case in Trial Court cannot participate in consideration of this case in courts of appeal, cassation and supervising instances.

2. The judge who was taking part in consideration of administrative case in Appeal Court cannot participate in consideration of this case in courts of the first, cassation and supervising instances.

3. The judge who was taking part in consideration of administrative case in court of cassation instance cannot participate in consideration of this case in courts of the first, appeal and supervising instances.

4. The judge who was taking part in consideration of administrative case in Supervisory Court cannot participate in consideration of this case in courts of the first, appeal and cassation instances.

Article 33. Removal of the prosecutor, assistant judge, court session secretary, expert, specialist, translator

1. The prosecutor, the assistant judge, the court session secretary, the expert, the specialist, the translator cannot participate in consideration of administrative case and are subject to branch on the bases, stipulated in Article 31 of this Code.

2. The expert and the specialist also cannot participate in consideration of administrative case if they were or are in job or other dependency from any of persons participating in case and their representatives.

3. Participation of the prosecutor, assistant judge, court session secretary, expert, specialist, translator in the previous consideration of this administrative case by court as respectively prosecutor, the court session secretary, the expert, the specialist, the translator is not the basis for their branch. Participation of the court session secretary in the previous consideration of this administrative case as the assistant judge or participation of the assistant judge in the previous consideration of this administrative case as the court session secretary is not the basis for their branch.

Article 34. Statements for rejection and for branch

1. In the presence of the bases provided by Articles 31 - 33 of this Code, the judge, the prosecutor, the assistant judge, the court session secretary, the expert, the specialist, the translator shall declare rejection. On the same bases branch can be declared by persons participating in case or is considered at the initiative of court.

2. Rejection or branch shall be motivated and declared prior to consideration of administrative case in essence. During consideration of administrative case the statement for rejection or for branch is allowed only if the basis of rejection or branch became known to person declaring rejection or branch or court after the beginning of consideration of administrative case in essence.

3. In case of refusal in allowance of the application about branch submission of the repeated statement for branch by the same person and on the same bases is not allowed.

Article 35. Procedure for permission of the statement for rejection and about branch

1. In case of the statement of branch the court hears opinions of persons participating in case and also faces to which branch is declared if taken away wishes to offer explanations.

2. The branch declared to the judge considering administrative case solely is allowed by the same judge.

3. If administrative case is considered by court in joint structure, the branch declared to the judge is allowed by the same structure of court by a majority vote in the absence of the judge to whom branch is declared. In case of equal poll, given for branch and against branch, the judge is considered taken away.

4. The branch declared to several judges or all structure of court considering administrative case it is joint, it is allowed by the same court en banc by a simple majority vote.

5. The branch declared to the prosecutor, the assistant judge, the court session secretary, the expert, the specialist or the translator is allowed by the structure of court considering administrative case.

6. The rejection declared by the judge, the prosecutor, the assistant judge, the court session secretary, the expert, the specialist or the translator, or the branch declared to them is allowed in the consultative room. By results of consideration of question of rejection or about branch motivated determination is taken out.

Article 36. Effects of allowance of the application about rejection or about branch

1. In case of allowance of the application about rejection or about removal of the judge, either several judges, or all structure of court administrative case is considered in the same court by other judge or other list of judges.

2. If as a result of satisfaction of statements for removal of judges or for the reasons specified in Article 32 of this Code it is impossible to create new structure of court for consideration of this administrative case in the same court, administrative case is submitted by superior court to other court of the same level according to the procedure, stipulated in Clause the 27th of this Code.

Chapter 4. Persons participating in case and other participants of legal procedure

Article 37. Persons participating in case

Persons participating in case are:

1) parties;

1. 1) the claimant and the debtor on administrative cases about pronouncement of the writ;

2) interested persons;

3) prosecutor;

4) the bodies, the organizations and persons which are taking a legal action in protection of interests of other persons or the uncertain group of people or the conclusions recruited in legal procedure for giving for administrative case.

Article 38. Parties

1. The parties in administrative case are the administrative claimant and the administrative defendant.

2. The administrative claimant is understood as person who took a legal action in protection of the rights, freedoms, legitimate interests, or person for the benefit of whom the application by the prosecutor, the body performing public powers, the official or the citizen or the prosecutor, the body performing public powers or the official who took a legal action for realization of the control or other public functions assigned to them is submitted.

3. The citizens of the Russian Federation, foreign citizens, persons without citizenship, the Russian, foreign and international organizations, public associations and the religious organizations, and also public associations and the religious organizations who are not legal entities can be administrative claimants. In the cases provided by this Code, the public authorities, other state bodies, local government bodies, the electoral commissions, the commissions of referendum, other bodies and the organizations given separate state or other public authority, officials can be administrative claimants.

4. The administrative defendant is understood as person to whom requirement for the dispute arising from administrative or other public legal relationship or concerning which the administrative claimant performing control or other public functions took a legal action is imposed.

5. The public authorities, other state bodies, local government bodies, the electoral commissions, the commissions of referendum, other bodies and the organizations given separate state or other public authority, officials, the government and local government officers can be administrative defendants. In the cases established by this Code, citizens, their associations and the organization which do not have the state or other public powers in disputable legal relationship can be administrative defendants.

Article 39. Participation of the prosecutor in administrative case

1. The prosecutor has the right to take a legal action with the administrative action for declaration in protection of the rights, freedoms and legitimate interests of citizens, the uncertain group of people or interests of the Russian Federation, subjects of the Russian Federation, municipalities, and also in other cases provided by the Federal Laws. The administrative action for declaration can be submitted to protection of the rights, freedoms and legitimate interests of the citizen who is the subject of administrative and other public legal relationship by the prosecutor only if the citizen for health reasons, to age, incapacity and other reasonable excuses cannot take a legal action.

2. The Prosecutor General of the Russian Federation and the deputy attorney general of the Russian Federation have the right to appeal to the Supreme Court of the Russian Federation, the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, military court, district court; the prosecutor of the subject of the Russian Federation, the deputy prosecutor of the subject of the Russian Federation and prosecutors and their deputies equated to them - in the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court, garrison military court, district court; the prosecutor of the city, area and prosecutors equated to them - in garrison military court, district court.

3. The administrative action for declaration of the prosecutor shall conform to the requirements provided by part 6 of article 125 of this Code and other Federal Laws.

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