Competence of the Russian Federation Judicial System's Courts to Considerate Cases of Challenging Decisions, Actions (Failures to Act) of State Bodies, Local Government Bodies, State Officials

The right of citizens to challenge decisions, actions (failures to act) of state bodies, local government bodies, state officials, other subjects with public powers, is enshrined in the provisions of Art. 46 of the Constitution of the Russian Federation. This right could be effectively realized only if the provisions of the legislation that regulates judicial competence were unambiguous, consistent and not contradictory. Analysis of the current legislation, law enforcement practice, positions expressed by lawyers, that is concerning the issues of determining the competence of the courts of the judicial system of the Russian Federation, was carried out within the framework of the present paper. This study substantiates the need for a fundamental reform of procedural legislation, within which rules of procedural legislation that concerning the definition of «competence» should be harmonized; more categorical and simplified regulation of jurisdictional institutions should be established, and it seems reasonable to exclude the term «judicial order» as the basis for refusal of judicial protection.