Appeals Against Administrative Acts in Russia

The Code of Administrative Procedure

The Code of Administrative Procedure of the Russian Federation (Kodeks Administrativnogo Sudoproizvodstva, CAS RF) was adopted as Federal Law No. 21-FZ of 8 March 2015 and entered into force on 15 September 2015. The CAS RF replaced the fragmented provisions of the earlier Civil Procedure Code and the Arbitration Procedure Code that had governed the judicial review of administrative acts, establishing a unified codified procedure for the consideration of administrative cases by courts of general jurisdiction. The code was a landmark reform, creating a dedicated administrative judiciary within the Russian legal system.

The CAS RF governs the procedure for: challenging normative and non-normative legal acts; challenging decisions, actions, and inactions of state bodies, local self-government bodies, and their officials; protecting the electoral rights of citizens; and other disputes arising from public law relationships. The code establishes specialised rules for administrative procedure that depart from civil procedure in significant respects, including the active role of the court, the distribution of the burden of proof, and the time limits for filing claims.

Judicial Challenge to Normative Acts

The challenge to normative legal acts (normativnye pravovye akty) — acts containing generally binding rules — is regulated by Chapter 21 of the CAS RF. Any person whose rights and legitimate interests are violated by a normative act may apply to a court for its invalidation. The claim may be filed with: the Constitutional Court (for federal laws); the Supreme Court (for normative acts of federal executive bodies and the Central Bank); the regional courts (verkhovnye sudy respublik, kraevye, oblastnye sudy) for normative acts of regional authorities; and district courts for normative acts of municipal authorities.

The grounds for challenging a normative act include: adoption by an unauthorised body; violation of the established procedure for adoption; inconsistency with a higher-ranking normative legal act; or violation of the rights of citizens or organisations. The court reviews the normative act for compliance with higher-ranking legal instruments. If the court finds the act or its individual provisions to be invalid, they are declared void from the date of the court decision or from another date determined by the court. The court may also oblige the adopting body to adopt a new normative act to replace the invalidated act.

Non-Normative Acts

Non-normative legal acts (nenormativnye pravovye akty) — acts of individual application, including decisions, orders, and permits — may be challenged under Chapter 22 of the CAS RF. The distinction between normative and non-normative acts is of practical importance: normative acts are challenged through the abstract review procedure, while non-normative acts are challenged through the concrete review procedure focusing on the individual circumstances of the applicant.

A non-normative act may be challenged if it: violates the rights and legitimate interests of the applicant; creates an obstacle to the exercise of rights or legitimate interests; or unlawfully imposes obligations or liability. The court reviews the act for compliance with substantive and procedural requirements. If the court finds the act unlawful, it declares the act invalid and may oblige the administrative body to take specific actions to remedy the violation. The court is not bound by the grounds stated in the application and may verify the act for compliance with all applicable legal requirements.

Standing and Procedure

The right to challenge administrative acts in court is broadly defined. Under Article 4 of the CAS RF, any person whose rights and legitimate interests are affected by an administrative act — whether a citizen, organisation, or public body — has standing. The broad standing requirement reflects the principle of access to justice in public law disputes.

The procedure for filing a claim is regulated by Chapters 12–14 of the CAS RF. The claim must be filed within three months of the date on which the applicant became aware of the violation of their rights (Article 219). For certain categories of cases — including challenges to normative acts and decisions in enforcement proceedings — the time limits may differ. The court may extend the time limit where it was missed for valid reasons. The claim must contain: the name of the court; the details of the applicant and the administrative body; a description of the contested act; the grounds for the challenge; and the applicant’s requirements.

Pre-Trial Appeal

Russian administrative law provides for both judicial and pre-trial appeal (dosudebnoe obzhalovanie) procedures. The Federal Law on the Procedure for Considering Citizens’ Appeals (No. 59-FZ of 2 May 2006) establishes the right of citizens to submit appeals to state bodies and local self-government bodies. The body must consider the appeal within 30 days and provide a reasoned response.

Pre-trial appeal is mandatory for certain categories of disputes, including: challenges to the results of state cadastral valuation; disputes in the field of public procurement; and certain tax disputes. The mandatory pre-trial procedure requires the applicant to exhaust administrative remedies before filing a judicial claim. Failure to comply with the mandatory pre-trial procedure results in the dismissal of the judicial claim. The pre-trial procedure is intended to reduce the burden on the courts and to provide the administrative body with an opportunity to correct violations.

Administrative Plaintiffs

The CAS RF introduced the concept of the administrative plaintiff (administrativny istets) to distinguish the party challenging an administrative act from a plaintiff in civil proceedings. The administrative plaintiff may be: a citizen whose rights are affected; an organisation whose rights are affected; a prosecutor acting in the public interest; or a public body acting within its competence.

The position of the administrative plaintiff differs from that of a civil plaintiff in several respects. The burden of proof is allocated differently: under Article 62 of the CAS RF, the administrative body must prove that the contested act was lawful and adopted in accordance with the established procedure. The administrative plaintiff is only required to prove the fact of the violation of their rights. The court also has an active role: it may request evidence on its own initiative and is not bound by the parties’ submissions.

Court Powers and Remedies

The court’s powers in administrative proceedings are broader than in civil proceedings. Under Article 175 of the CAS RF, the court may: declare a normative act invalid in whole or in part; declare a non-normative act invalid; oblige the administrative body to adopt a specific act or decision; order the administrative body to perform specific actions; or confirm the legality of the contested act.

The court’s decision is binding on the administrative body. If the administrative body fails to comply, the court may impose a judicial fine (sudebny shtraf) or apply other enforcement measures. The decision may be appealed to a higher court within one month. The entry into force of a decision invalidating a normative act terminates the act’s legal force and prevents its future application. For non-normative acts, the decision restores the applicant’s rights as of the date of the unlawful act, unless the court determines otherwise.