About the Issue of Substantiation of Judicial Acts of an Arbitration Court, Rendered on the Cases Arising from Administrative and Other Public Legal Relations
The Topical Issues of Public Law, No. 8, August 2012
9 Pages Posted: 26 Mar 2013
Date Written: August 27, 2012
Abstract
In the article is represented author's point of view on the issue of increasing the legitimacy of judicial acts rendered by arbitration courts of the Russian Federation on cases arising from administrative and other public relations. Is given a critical analysis of the Arbitration Procedural Code of the Russian Federation regarding the regulation of the motivation part of judicial acts' content in various stages of the administration of justice. Suggests appropriate amendments to the APC RF, which ensure performing the obligations of court instances on the providing: a reasoned refusal to transfer the case to the Presidium of the Higher Arbitration Court, the reasons for which the court rejected this or that evidences, accepted or rejected arguments of persons involved in a case given in support of their claims and objections, as well as the reasons for which the court has not applied the laws and other normative legal acts to which referred persons involved in a case.
Keywords: judicial acts of the court of arbitration, motivating part of a judicial act, cases arising from administrative and other public legal relations, substantiation of judicial acts
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