A new Code of Administrative Court Procedure will start working in Russia

The Federation Council approved the Code of Administrative Court Procedure (CACP), which regulates the procedure of administrative legal proceedings by consideration and adjudgment of administrative cases by the Supreme Court of Russia and general jurisdiction courts. The proposal to adopt such a Code was made by the President Vladimir Putin in his Address to the Federal Assembly in December 2012. In general, the Code will take effect since September 15, 2015 (except certain provisions).

The new legislation introduces the concept of «administrative case», «administrative statement of claim» etc. Persons, participating in a case, are determined: the parties (administrative plaintiff and administrative defendant), interested persons, procurator, bodies, organizations and individuals, appealing to a court to protect the interests of others. Only persons with higher legal education may be representatives in the court of administrative cases.

It’s provided that every person, participating in a case, is obligated to prove those circumstances, to which it refers. Here it’s important to underscore that the obligation to prove the legality of disputed legal acts, decisions, actions (inaction) of authorities and officials is imposed on these persons.

The Code will regulate the order of consideration and proceedings on such administrative cases as: about collection of obligatory payments and sanctions; about contesting of results of cadastral value determinations; cases, being considered by the Disciplinary Board of the Supreme Court of the Russian Federation; about contesting of regulatory legal acts and others.