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Procedure for appealing regulatory legal acts and other decisions

Procedure for appealing regulatory legal acts and other decisions adopted by the Legislative Assembly of the Omsk Region

1. Chapter 21 of the Code of Administrative Procedure of the Russian Federation establishes the procedure for challenging a regulatory legal act by persons not in full or in part.
Persons (citizens, organizations) in respect of whom the normative legal act is applied, adopted by the Legislative Assembly of the Omsk Region, as well as persons who are subjects of relations, governed by the contested normative legal act, if they believe that this act violated or violated their rights, freedoms and legitimate interests, has the right to apply to the court with an administrative statement of claim for the recognition of a normative legal act not in full or in part (Article 208 of the Code of Administrative Procedure of the Russian Federation). An administrative statement of claim for invalidation of a normative legal act may be submitted to the court during the entire validity period of this normative legal act. An administrative statement of claim for recognition of a normative legal act adopted by the Legislative Assembly of the Omsk Region is not fully or partially valid is submitted in accordance with Article 20 of the Code of Administrative Procedure of the Russian Federation to the Omsk Regional Court (644112, Omsk, Tupoleva St., 12). 

2. Chapter 22 of the Code of Administrative Procedure of the Russian Federation establishes the procedure for persons to challenge decisions, actions (inaction) of a state authority.

A citizen, organization, other persons may apply to the court with demands to challenge decisions, actions (inaction) of the Legislative Assembly of the Omsk Region if they believe that their rights, freedoms and legitimate interests have been violated or challenged, obstacles have been created to the exercise of their rights, freedoms and the exercise of legitimate interests, or they are illegally assigned any duties (Article 218 of the Code of Administrative Procedure of the Russian Federation). An administrative statement of claim may be filed with a court within three months from the date when a citizen, organization, or other person became aware of the violation of their rights, freedoms and legitimate interests (Article 219 of the Code of Administrative Procedure of the Russian Federation). The deadline for filing an administrative statement of claim, missed for a good reason, can be reinstated by the court. An administrative statement of claim challenging decisions, actions (inaction) of the Legislative Assembly of the Omsk Region may be filed with the court at the place of residence of a citizen who is an administrative plaintiff, as well as at the location of the Legislative Assembly of the Omsk Region in the Central District Court of Omsk (644099, Omsk, Tarskaya St., 28).

3. Chapter 24 of the Arbitration Procedure Code of the Russian Federation establishes the procedure for challenging non-normative legal acts, decisions and actions (inaction) of state bodies affecting the rights and legitimate interests of persons in the field of entrepreneurial and other economic activities.

Citizens, organizations and other persons have the right to apply to the arbitration court with an application for invalidation of non-regulatory legal acts, illegal decisions and actions (inaction) of the Legislative Assembly of the Omsk Region, if it is believed that the contested non-normative legal act, decision and action (inaction) does not comply with the law or other normative legal act and violates their rights and legitimate interests in the field of entrepreneurial and other economic activity, illegally impose any obligations on them, create other obstacles to the implementation of entrepreneurial and other economic activity (Article 198 of the Arbitration Procedure Code of the Russian Federation). The application can be submitted to the arbitration court within three months from the day when the citizen, organization became aware of the violation of their rights and legitimate interests, unless otherwise established by federal law. The application deadline missed for a good reason can be reinstated by the court. The application is submitted to the Arbitration Court of the Omsk Region (644024, Omsk, ul. Educational, d. 51).

In cases considered by courts of general jurisdiction, a state duty is paid in the amount provided for in Article 333.19 of the Tax Code of the Russian Federation.

In cases considered by arbitration courts, a state duty is paid in the amount provided for by Article 333.21 of the Tax Code of the Russian Federation.

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