IS IT PERMISSIBLE FOR THE COURTS TO INTRUDE INTO THE COMPETENCE OF OTHER AUTHORITIES?
| العنوان: | IS IT PERMISSIBLE FOR THE COURTS TO INTRUDE INTO THE COMPETENCE OF OTHER AUTHORITIES? |
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| المؤلفون: | D.A. TUMANOV |
| المصدر: | Herald of Civil Procedure. 12:248-263 |
| بيانات النشر: | PH V. Ema, 2022. |
| سنة النشر: | 2022 |
| مصطلحات موضوعية: | ComputingMilieux_LEGALASPECTSOFCOMPUTING |
| الوصف: | The article deals with the question of the admissibility of courts’ intrusion into the sphere of competence of other authorities. In the USSR, and later in the Russian Federation, an approach was developed according to which judicial control cannot concern those issues which are attributed to the exclusive competence of the legislative and executive authorities and whose solution is connected with their discretion. At present, to justify this impossibility they refer to the principle of separation of powers. But after all, the main purpose of such a principle is to prevent the absolutization of power. While the existence of areas inaccessible to judicial control, just becomes a source of arbitrariness of the legislative and executive powers. The article demonstrates that judicial control in Russia should also cover those acts, actions (inaction) of the authorities, the adoption or commission of which is based on their discretion, and it is this approach that truly corresponds to the principle of separation of powers. Examples are given of situations where significant issues for society that are within the discretion of the legislative and executive powers are not resolved, which significantly violates the public interest. The society would benefit from court intervention to solve such issues. The author considers possible variants of court intervention in the solution of socially significant issues. |
| تدمد: | 2686-942X 2226-0781 |
| URL الوصول: | https://explore.openaire.eu/search/publication?articleId=doi_________::9d22bcecc1ff44016ae71aff2f233004 https://doi.org/10.24031/2226-0781-2022-12-1-248-263 |
| رقم الأكسشن: | edsair.doi...........9d22bcecc1ff44016ae71aff2f233004 |
| قاعدة البيانات: | OpenAIRE |
| تدمد: | 2686942X 22260781 |
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