In 2016, for the first time, Russian procedural legislation contained rules on challenging acts which clarify legislation and have normative properties. These acts differ from normative acts and fall under the doctrinal concept of interpretative acts. The hypothesis of the study was that, due to legal and technical defects of the legal provisions in question and vagueness of the notion of “normative properties”, the judicial practice would face difficulties in distinguishing acts which clarify legislation and have normative properties from normative legal acts. In the course of law enforcement monitoring, the entire set of court decisions from February 2016 to July 2020, based on relevant procedural norms, was examined. The most important particularity of interpretative acts is the logical-semantic link between the content of the interpretative act and the interpreted legal norm (group of norms) of the normative act. Consequently, when the result of interpretation does not coincide with the meaning of the interpreted legal norm, a specific conflict of interpretation occurs, the five possible types of which have been identified in the studied judicial acts. Based on the analysis of the arguments given in the reasoning parts of the court decisions (five arguments in satisfying an administrative claim and fourteen arguments in rejecting it), the attributes that govern law enforcement officers when assessing whether the challenged acts have normative value are reconstructed. At the final part of the study authors reveal the main problems identified in the course of the monitoring study and formulate proposals for their elimination.
Translated title of the contributionJudicial application of norms governing challenge of acts which clarify legislation and have normative properties
Original languageRussian
Title of host publicationМониторинг правоприменения 2020-2021: труды экспертов СПбГУ
EditorsСергей Александрович Белов, Николай Михайлович Кропачев
Place of PublicationСанкт-Петербург
PublisherИздательство Санкт-Петербургского университета
Pages702-724
StatePublished - 2022

    Research areas

  • interpretative act, normative legal act, legal norm, empowering norms, power of interpretation, application and creation of law, gaps in law, interpretation of law

    Scopus subject areas

  • Law

ID: 96311044