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

• Main Author: A. Yu. Shatokhin
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2020-11-01
• Series: Сибирское юридическое обозрение
• Subjects: 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
• Online Access: https://slr.elpub.ru/jour/article/view/178
• ISSN: 2658-7602; 2658-7610

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.