Russian state control bodies are endowed with rather broad powers in relation to the legal entities and individuals they inspect. In particular, the indicated bodies may issue orders to eliminate violations of the current legislation. These instructions can be challenged in court.
Instructions
Step 1
The judicial procedure for appealing the orders of the authorized supervisory authorities is provided for by the Civil and Arbitration Procedural Codes of the Russian Federation, therefore, first you need to decide on the jurisdiction. So if the prescription concerns the entrepreneurial or other economic activity of the person in respect of whom it is issued, and is in essence a non-normative legal act, then an application for its appeal should be sent to the Arbitration Court. If the order concerns, for example, a specific official, in whose actions violations of the law were revealed, it can be challenged by applying to a court of general jurisdiction.
Step 2
As a rule, an order is issued based on the results of the audit and contains information about specific violations of the law and measures that need to be taken to eliminate them. As practice shows, the courts look at the issue of the possibility of challenging the order in different ways. Some refuse to accept such statements for consideration, justifying their position by the fact that the prescription is not a non-normative legal act, does not contain imperative orders and prohibitions, and is generally informative in nature. Others (and their position seems to be more correct) regard the prescription as a power-administrative act issued by authorized bodies within the framework of their legal powers to control the implementation of any activity.
Step 3
The general requirements for claims filed in arbitration courts and courts of general jurisdiction are imposed on an application for disputing an order. Mandatory requisites include the indication of the court, the name of the applicant, as well as the body or person that issued the contested order.
Step 4
The document can be called, for example, like this: "Application for invalidation of prescription No. … from … issued … (specify the state body)". In the text of the statement, in addition to your arguments, clearly indicate your rights and legitimate interests that are violated by the contested order. Be sure to make reference to laws and other regulations that do not comply with the prescription. It is also possible to include in the text of the statement a request for the suspension of the order.
Step 5
The application is accompanied by documents usually submitted with claims (receipt of payment of state duty, power of attorney, etc.), as well as the text of the contested order.
