“The Customs Academy cancels an act of St. Petersburg” — Tatyana Tereshchenko for Delovoy Peterburg
The St. Petersburg branch of the Russian Customs Academy, having received two penalties from city officials for the improper condition of its building, went to drastic measures — it decided to cancel an act of St. Petersburg. Other organizations have previously been able to do this.
It cannot be said that challenging the norms of the act of Saint Petersburg on administrative violations is something extraordinary. Although the share of such cases in comparison with other types of disputes (for example, civil law) is not comparable,
– Tatyana Tereshchenko, head of the analytical Department of the Prime Advice Law Office, commented.
She recalled that over the past 10 years, more than 20 changes were made to the city's law on administrative offenses by court decisions. For example, this year the North-Western regional center the Almaz-Antey achieved an exception to the law of responsibility for unauthorized installation or relocation of signs. In 2017, Management Projects Investments LLC abolished fines for violating the procedure for temporarily restricting or stopping the movement of vehicles on city roads. In 2016, ROSKAR Trade LLC successfully challenged the norm on violation of the rules for the production of earthworks, construction and repair works.
As a general rule, in order effectively to challenge you must provide information on the rights, freedoms and legitimate interests of the person applying to court, or other persons on whose behalf the application is submitted, violated, or about the reasons that may lead to their violation and to give the necessary and sufficient arguments in support of this,
— Tatyana Tereshchenko.
Usually, demonstration of such violations is carried out by presenting evidence that the norm itself or its interpretation does not correspond to the position of the Federal legislator on such an issue and/or is adopted in excess of authority.