The Sign of Illegality in the Structure of the Constitutional Right to Appeal the Actions and Decisions of Officials

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Abstract

The purpose of this article is to establish the theoretical and normative-legal features of the sign of illegality in different mechanisms for implementing the constitutional right to appeal the actions and decisions of officials under Russian legislation. The authors relied on several methodological approaches popular among legal scholars in the field of constitutional rights issues. In particular, the authors relied on theories of constitutionalization, legal institutionalization and legal formalization of the conditions for appealing against actions and decisions of officials. The systemic and formal-logical methods were also of methodological importance. They allowed analyzing examples from current Russian laws. Conclusion: the authors identified the features of the legal technique that predetermined the content of legislative norms. This is justified by the evolution of regulatory and legal material of different industry affiliations. The authors also focused on the variability of the mechanisms for implementing the constitutional right to appeal the actions and decisions of officials in the industry range. This allowed them to establish the conditions under which substantive and procedural grounds arise for seeking a judicial assessment of the contested actions and decisions.

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About the authors

Svetlana V. Gizyatova

Naberezhnye Chelny Institute, Kazan (Volga Region) Federal University

Author for correspondence.
Email: dmdr1987@mail.ru
SPIN-code: 1128-9226

Cand. Sci. (Law), Associate Professor

Russian Federation, Naberezhnye Chelny

Anatoly V. Kurochkin

Naberezhnye Chelny Institute, Kazan (Volga Region) Federal University

Email: Kurochkin.tolik@bk.ru
SPIN-code: 1017-7618

Cand. Sci.( Law), Associate Professor, Dr. Sci. (Politics), Professor

Russian Federation, Naberezhnye Chelny

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