To the question of the immediate execution of court decisions in cases of contesting non-normative legal acts

Abstract

The social significance of cases on challenging non-normative acts of bodies and officials exercising public powers predetermines the special procedure for the execution of court decisions in these cases established by law. The author tries to evaluate a comparative analysis of the legal regulation of the immediate execution of court decisions in cases of contesting non-normative legal acts of bodies exercising public powers and their officials in administrative proceedings in courts of general jurisdiction and arbitration courts. At the same time, the issue of a conflict between the norms of part two of Article 182 of the Arbitration Procedure Code of the Russian Federation and part seven of Article 201 of the Arbitration Procedure Code of the Russian Federation, as well as the question of how to resolve this conflict, is discussed. The author proposes to resolve the conflict not based on the location of the norms in the general and special parts of the code but based on the content of the norms and the resulting sphere of their legal regulation. The author puts forward a proposal to consider as grounds for deviating from the rule on the immediate execution of a court decision in such cases and establishing other deadlines for the execution of the same grounds as for postponing the execution of a court decision.