Problems of Judicial Challenge of Normative Legal Acts of the President of the Russian Federation and the Government of the Russian Federation, Violating the Social Rights of Citizens

One of the main signs of the formation of civil society and the rule of law in Russia is the possibility of judicial challenging of regulatory legal acts in full or in part both in the procedure of constitutional proceedings and in the courts of general jurisdiction. The provisions of Parts 1 and 2 of Art. 46 of the Constitution of the Russian Federation, according to which everyone is guaranteed judicial protection of his rights and freedoms, and decisions and actions (or inaction) of public authorities, local governments, public associations and officials may be appealed to the court, serve as a legal basis for applying to court with the requirements on the recognition of a normative legal act as inactive in full or in part. Several years ago, at the legislative level, the right to judicial protection expanded, which resulted in the courts of general jurisdiction being given powers to review a fundamentally new category of cases related to the field of administrative proceedings - cases of challenging normative legal acts. Such an object of judicial challenge as a normative legal act, affecting not only the rights and interests of the interested person, but also of an indefinite number of persons, on the basis of the normative character of the impugned act, gave the cases on challenging the normative legal act a special social sounding. When considering this category of cases by courts of general jurisdiction, a direct, abstract judicial norm control is exercised over the compliance of the challenged normative acts with another normative act of greater legal force, whereas previously, as the prerogative of the Constitutional Court of the Russian Federation and the constitutional (statutory) courts of the subjects of the Federation, direct judicial standard control was exercised exclusively in order of constitutional legal proceedings.