Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Judicial Review of Administration in the USSR

Judicial Review of Administration in the USSR 465 Judicial Review of Administration in the USSR Michel Lesage Directeur du Service de Recherches Juridiques Comparatives Centre National de la Recherche Scientifique Ivry, France Judicial review of administration has been made into a constitutional principle by Article 58 para. 2 of the Soviet Constitution of 7 October 1977. "Complaints may be brought to a court, in the manner established by law, against actions which violate the law or exceed the authority of officials and which infringe the rights of citizens." " A draft bill on the means by which proceedings resulting from such actions can be brought before the courts must be formulated before December 1980 by the relevant bodies, in particular, by the Ministry of Justice, the Procuracy, and the USSR Supreme Court.' Although the respective positions of these various organizations are unknown, the main issues can be recognized through the dis- cussions taking place in the legal research institutes.2 The drafting of Article 58 para. 2 raises several problems of interpretation-to be seen very clearly when one compares it with the other two paragraphs in the same article. The first paragraph grants citizens "the right to address complaints against actions of officials and of state http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Socialist Law (in 1992 continued as Review of Central and East European Law) Brill

Loading next page...
 
/lp/brill/judicial-review-of-administration-in-the-ussr-Dyd7rXgLpJ

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© 1980 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
DOI
10.1163/157303580X00341
Publisher site
See Article on Publisher Site

Abstract

465 Judicial Review of Administration in the USSR Michel Lesage Directeur du Service de Recherches Juridiques Comparatives Centre National de la Recherche Scientifique Ivry, France Judicial review of administration has been made into a constitutional principle by Article 58 para. 2 of the Soviet Constitution of 7 October 1977. "Complaints may be brought to a court, in the manner established by law, against actions which violate the law or exceed the authority of officials and which infringe the rights of citizens." " A draft bill on the means by which proceedings resulting from such actions can be brought before the courts must be formulated before December 1980 by the relevant bodies, in particular, by the Ministry of Justice, the Procuracy, and the USSR Supreme Court.' Although the respective positions of these various organizations are unknown, the main issues can be recognized through the dis- cussions taking place in the legal research institutes.2 The drafting of Article 58 para. 2 raises several problems of interpretation-to be seen very clearly when one compares it with the other two paragraphs in the same article. The first paragraph grants citizens "the right to address complaints against actions of officials and of state

Journal

Review of Socialist Law (in 1992 continued as Review of Central and East European Law)Brill

Published: Jan 1, 1980

There are no references for this article.