Aleksandra Kozina | comments for the Advokatskaya Gazeta: The Supreme Court indicated, when a check of lawfulness of a deputy’s actions is made in compliance with the Code for Administrative Procedure (CAP)
The Court stressed that in the process of consideration of matters of provision of financial aid to members of the public, a deputy is endowed with his own competence and implements in such case public authoritative powers with regard to individuals.
ART DE LEX lawyer Aleksandra Kozina indicated that the SC ruling touches upon two problems: delimitation of the subjects of the CAP and the Code of Civil Procedure (CCP) and the character of acts to be challenged under the CAP. And while the second problem is consistently analysed by the Supreme Court, the first one is not discussed at all, although, in the opinion of the expert, a mistake made by the court of the first instance is illustrative. «In spite of multiple attempts to delimit the subjects of the CAP and the CCP, relative unsuccessfulness of Resolution of Plenum of the RF Supreme Court of 27 September 2016 No. 36 makes itself felt: a vague clarification as to which lawsuits challenging actions of persons endowed with public authority are administrative and which are civil resulted in a situation where courts of general jurisdiction would issue diametrically opposite judicial acts under similar circumstances», — believes Aleksandra Kozina.
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