The Judicial Challenging of an Order of the Administrative Body as a Result of Inspection, Checking Act, Order of the Administrative Body on the Elimination of Violations

The article examines the issue of appealing decisions that are made by officials of the federal state fire supervision during inspections of buildings and structures, the legal owners of which are organizations and citizens. It is substantiated that as one of the mandatory conditions for appealing a...

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Main Author: A. Yu. Shatokhin
Format: Article
Language:Russian
Published: Omsk Law Academy 2020-11-01
Series:Сибирское юридическое обозрение
Subjects:
Online Access:https://slr.elpub.ru/jour/article/view/178
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author A. Yu. Shatokhin
author_facet A. Yu. Shatokhin
author_sort A. Yu. Shatokhin
collection DOAJ
description The article examines the issue of appealing decisions that are made by officials of the federal state fire supervision during inspections of buildings and structures, the legal owners of which are organizations and citizens. It is substantiated that as one of the mandatory conditions for appealing against such decisions is the violation of their rights, legitimate interests of citizens or organizations, judicial control over the legality of law enforcement activities of state fire supervision authorities should be carried out in order to ensure protection and restoration of violated rights and legitimate interests of individuals and organizations. It is concluded that the fact of issuing an order to conduct an audit, an act of verification can not violate the rights, legitimate interests of citizens or organizations, so they cannot be an independent subject of judicial control in the course of examining cases related to challenging the results of inspections, violations of fire safety requirements.
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spelling doaj.art-343a94b3d57a428494f41331109ea4e22022-12-21T23:06:11ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102020-11-01153356361177The Judicial Challenging of an Order of the Administrative Body as a Result of Inspection, Checking Act, Order of the Administrative Body on the Elimination of ViolationsA. Yu. Shatokhin0Main Directorate of the Ministry of Emergency Situations of Russia in the Omsk RegionThe article examines the issue of appealing decisions that are made by officials of the federal state fire supervision during inspections of buildings and structures, the legal owners of which are organizations and citizens. It is substantiated that as one of the mandatory conditions for appealing against such decisions is the violation of their rights, legitimate interests of citizens or organizations, judicial control over the legality of law enforcement activities of state fire supervision authorities should be carried out in order to ensure protection and restoration of violated rights and legitimate interests of individuals and organizations. It is concluded that the fact of issuing an order to conduct an audit, an act of verification can not violate the rights, legitimate interests of citizens or organizations, so they cannot be an independent subject of judicial control in the course of examining cases related to challenging the results of inspections, violations of fire safety requirements.https://slr.elpub.ru/jour/article/view/178federal state fire supervisionthe possibility of appealjudicial controlthe order of the administrative body on the inspectionchecking actorder of the administrative body on the elimination of violations
spellingShingle A. Yu. Shatokhin
The Judicial Challenging of an Order of the Administrative Body as a Result of Inspection, Checking Act, Order of the Administrative Body on the Elimination of Violations
Сибирское юридическое обозрение
federal state fire supervision
the possibility of appeal
judicial control
the order of the administrative body on the inspection
checking act
order of the administrative body on the elimination of violations
title The Judicial Challenging of an Order of the Administrative Body as a Result of Inspection, Checking Act, Order of the Administrative Body on the Elimination of Violations
title_full The Judicial Challenging of an Order of the Administrative Body as a Result of Inspection, Checking Act, Order of the Administrative Body on the Elimination of Violations
title_fullStr The Judicial Challenging of an Order of the Administrative Body as a Result of Inspection, Checking Act, Order of the Administrative Body on the Elimination of Violations
title_full_unstemmed The Judicial Challenging of an Order of the Administrative Body as a Result of Inspection, Checking Act, Order of the Administrative Body on the Elimination of Violations
title_short The Judicial Challenging of an Order of the Administrative Body as a Result of Inspection, Checking Act, Order of the Administrative Body on the Elimination of Violations
title_sort judicial challenging of an order of the administrative body as a result of inspection checking act order of the administrative body on the elimination of violations
topic federal state fire supervision
the possibility of appeal
judicial control
the order of the administrative body on the inspection
checking act
order of the administrative body on the elimination of violations
url https://slr.elpub.ru/jour/article/view/178
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