Kozhevnikov, O.A. Some issues regarding application of normative acts noncompliant with the requirements of part 3 of Art. 15 of the Constitution of the Russian Federation in the judicial and law-enforcement practices

Abstract: The article is devoted to the analysis of the issues of application in the judicial practice of the normative legal acts of federal government bodies, which were not officially registered and made public, since currently citizens, legal entities and public government bodies often fail to pay attention to legitimacy of some normative acts of federal executive bodies, especially those of the Soviet period, when protecting their rights in judicial instances. It becomes especially obvious in the sphere of administrative proceedings and proceedings regarding challenging the activities and decisions of the public government bodies. The author applies the general scientific methods of formal logical, formal legal, comparative and historical legal analysis. The author also involves a generally recognized definition apparatus of the theory of law and constitutional law. In the course of studies the author draws a conclusion that in violation of the provisions of the Constitution of the Russian Federation currently law-enforcement bodies and judicial bodies allow for the application of normative legal acts, which should not be applied due to the direct requirements of the Constitution of the Russian Federation and some normative legal acts regulating the issues of entry into force of the normative acts of federal executive bodies. The said factors significantly lower the level of constitutional protection of rights of participants of legal relations, which should be guaranteed by justice.

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