Legal encyclopedia. The letter O

APPEAL TO THE COURT OF ACTION AND DECISIONS OF BODIES AND OFFICIALS OF LOCAL SELF-GOVERNMENT

- is fixed by the Constitution of the Russian Federation. Its subject may be legal acts of both an individual and a regulatory nature, violating the rights and freedoms of a citizen.

Collegial and individual actions and decisions may be appealed in court, as a result of which:

1) the rights and freedoms of a citizen have been violated;

2) obstacles are created for the citizen to exercise his rights and freedoms;

3) unlawfully on the citizen is entrusted with any duty;

4) the citizen is unlawfully brought to any responsibility.

A citizen has the right to appeal both actions, decisions, and information, which served as the basis for the commission of actions, decisions, or both. At the same time, he has the right to apply either directly to the court, or to a higher one in the order of subordination of OMSDL.

The application is submitted to the court at the place of residence of the citizen or at the location of OMS or DL, the decision whose actions are being challenged. The complaint about the actions, decisions of OMS and their DL is considered by the court according to the rules of civil proceedings. At the same time, a citizen is released from the obligation to prove the illegality of the actions, decisions, but is obliged to prove the fact of violation of his rights and freedoms. OM S. must document the legality of the actions and decisions complained of.

As a result of the court's consideration of the complaint, a decision is made.

The court, having established the validity of the complaint, recognizes the action, the decision is illegal and obliges to satisfy the demand of the citizen, while abolishing the measures of responsibility applied to it. In this case, the responsibility of OMS or DL ​​is determined for the actions, decisions that led to the violation of the rights and freedoms of the citizen.

If the court recognizes the action complained of or the decision is legal, it does not violate the rights and freedoms of the citizen, he refuses to satisfy the complaint.

The court decision that came into force is mandatory for everyone. It is sent to the appropriate body or official, citizen, not later than 10 days from the date of entry into force.

The execution of the decision shall be notified to the court and the citizen not later than within a month from the date of receipt of the court decision. In case of non-enforcement, the court shall take measures provided for by law.

The losses caused to a citizen, moral harm by recognized illegal actions, decisions, representation of the distorted information, are compensated in the order of claim proceedings.

The actions and decisions of O. and DLM S. are appealed in the manner of arbitration when:

1) challenging normative legal acts that affect the rights and legitimate interests of the applicant in the field of entrepreneurial and other economic activities, if the federal law considers them to be within the competence of the arbitral tribunal;
2) challenging non-normative legal acts, decisions and actions (omissions) of O. and DLMS that affect the applicant's rights and legal interests in the sphere

Entrepreneurial and other economic activities.