In:
Rossijskoe pravosudie, Russian State University of Justice, , No. 6 ( 2022-05-25), p. 12-19
Abstract:
The allocation of cases on challenging decisions, actions (inaction) of draft boards and military commissariat bodies from the total mass of administrative cases arising from public legal relations and considered in accordance with Chapter 22 of the Code of Administrative Procedure of the Russian Federation is due to the specifics of the rights and obligations of citizens in connection with the implementation of measures for military service on conscription, legal consequences associated with non-military service on conscription, in particular, with restrictions on the passage of state civil service, filling positions in law enforcement agencies, working in the judicial system, as well as in connection with the peculiarities of regulatory legal regulation in the field of legal relations under consideration. Such specifics of the regulatory framework, subject composition, time limits, nature and content of this category of administrative cases entail procedural features of their consideration, which courts should take into account in their practical activities. The purpose of this article is to offer practical recommendations to the courts on the consideration of cases on challenging decisions, actions (inaction) of draft boards and bodies of the military commissariat. The achievement of this research goal led to the formulation and solution of the following tasks: to specify the subject composition, to identify the features of proof, the application of procedural deadlines, to determine the permissible measures of preliminary protection, to reveal the features of the content of the court decision in cases of challenging decisions, actions (inaction) of draft boards and military commissariat bodies. The methodological basis of the study was the dialectical method of scientific knowledge, analysis, comparison and generalization of the judicial administrative cases challenging the decisions, actions (inaction) of draft boards and bodies of the military Commissariat handled in the courts for the period 2017– 2020. The authors propose procedural and legal algorithms for resolving some issues related to the consideration of cases on the protection of citizens’ rights in the implementation of conscription measures.
Type of Medium:
Online Resource
ISSN:
2072-909X
DOI:
10.37399/issn2072-909X.2022.6
DOI:
10.37399/issn2072-909X.2022.6.12-19
Language:
Unknown
Publisher:
Russian State University of Justice
Publication Date:
2022
