Challenging regulatory legal acts in case of violations in their procedure of adoption and putting into effect
Автор: Kuznetsova O.A.
Журнал: Пермский юридический альманах @almanack-psu
Рубрика: Предпринимательское право, гражданский и арбитражный процесс
Статья в выпуске: 7, 2024 года.
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The article examines the specifics of challenging regulatory legal acts with violations of the procedure for their adoption and putting into effect, as compared to the specifics of challenging regulatory legal acts with no violations of the kind. Regulatory acts having violations in the procedure of their adoption and putting into effect are always recognized as fully ineffective from the moment of their adoption; a simple fact of the violation (adopting by an unauthorized person, no mandatory registration, no official publication, etc.) is sufficient to challenge them. It is concluded that it is necessary to distinguish between the institution of the regulatory legal act recognition as ineffective and the institution of recognizing regulatory legal acts as having not acquired their legal force.
Challenging regulatory legal acts, recognition of normative legal acts as ineffective, legal force, review of the case upon new evidence, rule-making violations
Короткий адрес: https://sciup.org/147244689
IDR: 147244689