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Features of Litigation by the Commercial Court of Cases on Challenging Non-normative Legal Acts, Actions (Failures to Act) of State Bodies, Officials, as well as Cases of Administrative Offenses

ФИО студента: Evgeniy Kozhukharenko

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2021

The master's thesis is devoted to the study of the peculiarities in the implementation of arbitration courts of legal proceedings in cases of challenging non-normative legal acts of administrative bodies (officials), their actions (inaction), as well as in the implementation of these courts of proceedings in cases of administrative offenses. The present work consists of two chapters. The first chapter deals with issues related to the powers of administrative bodies, the result of which is the issuance of non-normative legal acts to entrepreneurs and legal entities. Questions of the legal nature of non-normative legal acts, the competence of arbitration courts to consider them, as well as issues related to the specifics of the subject, limits and distribution of the burden of proof when challenging non-normative legal acts, actions (inaction) of administrative bodies in these courts. The second chapter defines the legal nature of protocols and decisions on administrative offenses. The competence of commercial courts to conduct proceedings in cases of administrative offenses is established, and issues related to the specifics of the subject, limits and distribution of the burden of proof in the implementation of commercial courts of proceedings in cases of administrative offenses are also reflected. The analysis of the characteristic differences between the administrative proceedings and the proceedings on cases of administrative offenses carried out by commercial courts is also carried out. The normative basis of the study was the Constitution of the Russian Federation, industry legislation, as well as the law enforcement practice of the courts on the above issues.

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