Right of Citizens to Appeal Acts by Officials to Courts

• NCJ Number: 72382
• Journal: Soviet Law and Government Volume: 18 Issue: 1 Dated: (Summer 1979) Pages: 38-50
• Author(s): A A Melnikov
• Date Published: 1979
• Length: 14 pages
• Publication Format: Article
• Language: English
• Country: Russia (Former Soviet Union)

Annotation

Soviet law with regard to the right of citizens to appeal acts by officials to courts is examined with a view to highlighting those areas of the law that need further clarification.

Abstract

The development of provisions for judicial protection of citizens' rights is documented, together with the advantages of promoting court supervision over the legality and validity of the acts of officials and state and social bodies. The problem arising from the need to adopt a law defining the procedure for recourse to a court with an appeal and the procedure for trying it is then explored; with attention to the question of court jurisdiction of complaints against acts committed in contravention of law and in excess of powers and violating the rights of citizens. The changes brought about in these procedures by the adoption of the 1977 Constitution are explored. Discussion turns to the typical list of acts presented in the law that may be appealed to a court and to acts that should be incorporated in the list of subjects for appeal. In this respect, instances are specified that should also be mentioned that arise out of relationships at administrative law that are already being tried in court. Attention is given to the need for the law to encourage courts to engage in anticipatory supervision of administrative acts. The question of the judiciability of complaints against the acts of officials, state organs, and social organizations is then addressed, along with the question of the premises of the right of recourse to a court with an appeal against such acts and the desirability of developing an exhaustive list of grounds on which a citizen's appeal for adjudication could be refused. Consideration is given to the ways in which prevailing legislation has resolved some of these questions, especially the issue of the court's authority, and the procedural rights and duties of persons participating in a case. Other areas it would be desirable for the law to cover are mentioned, such as the possibility of appealing judicial decision in such cases under cassational procedure. Seven notes are furnished.