Challenging Legal Acts Containing Mandatory Requirements in Court

Abstract

The reform of Russia’s system of mandatory requirements, called the «regulatory guillotine», is
one of the most notable and debated transformations in state regulation of the economy in recent
years. The quintessence of the reform were the adoption of the clearly progressive Federal Law
No. 247-FZ «On Mandatory Requirements» as well as the modernization of the relevant array
of regulatory requirements.
Based on a historical analysis, the authors conclude that since that moment a sufࣄ cient basis
for a full-edged veriашcation of the content (quality) of legal acts containing mandatory requirements
in the economic activity sphere has been formed. The results of law-making activity of «regulators»,
which in terms of development of mandatory requirements acquires certain features of law
enforcement activities, can and should become the subject of substantive court legal rules control
in terms of compliance with the principles and standards set forth in the Federal Law «On Mandatory
Requirements». In this connection, the authors predict the formation of a separate category
of court disputes initiated by the interested subjects of regulated activities – the disputes to challenge
mandatory requirements under the rules of administrative court proceedings.