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ROMAN ZAKHAROV v. RUSSIA JUDGMENT
the CCP and the Judicial Review Act were repealed and replaced by the
Code of Administrative Procedure (Law no. 21-FZ of 8 March 2015 – “the
CAP”) which came into force on that date. The CAP confirmed in substance
and expounded the provisions of Chapter 25 of the CCP and the Judicial
Review Act.
94. The CCP, the Judicial Review Act and the CAP all provide that a
citizen may lodge a complaint before a court concerning an act or decision
by any State or municipal authority or official if he considers that it has
violated his rights and freedoms (Article 254 of the CCP and section 1 of
the Judicial Review Act). The complaint may concern any decision, act or
omission which has violated the citizen’s rights or freedoms, has impeded
the exercise of rights or freedoms, or has imposed a duty or liability on him
(Article 255 of the CCP, section 2 of the Judicial Review Act and
Article 218 § 1 of the CAP).
95. The complaint must be lodged with a court of general jurisdiction
within three months of the date on which the complainant learnt of the
breach of his rights. The time-limit may be extended for valid reasons
(Article 254 of the CCP, sections 4 and 5 of the Judicial Review Act and
Articles 218 § 5 and 219 §§ 1 and 7 of the CAP). The complaint must
mention the identification number and the date of the contested decision or
the date and place of commission of the contested act (Article 220 § 2 (3) of
the CAP). The claimant must submit supporting documents or explain why
he is unable to submit them (Article 220 §§ 2 (8) and 3 of the CAP). If the
claimant does not meet the above requirements, the judge declares the
complaint inadmissible (Article 222 § 3 of the CAP).
96. The burden of proof as to the lawfulness of the contested decision,
act or omission lies with the authority or official concerned. The
complainant must, however, prove that his rights and freedoms were
breached by the contested decision, act or omission (section 6 of the Judicial
Review Act and Article 226 § 11 of the CAP).
97. Under the CCP the complaint had to be examined within ten days
(Article 257 of the CCP), while under the CAP it must be examined within
two months (Article 226 § 1 of the CAP). If the court finds the complaint
justified, it issues a decision annulling the contested decision or act and
requiring the authority or official to remedy in full the breach of the
citizen’s rights (Article 258 § 1 of the CCP, section 7 of the Judicial Review
Act and Article 227 §§ 2 and 3 of the CAP). The court may determine the
time-limit for remedying the violation and/or the specific steps which need
to be taken to remedy the violation in full (paragraph 28 of Ruling no. 2 and
Article 227 § 3 of the CAP). The claimant may then claim compensation in
respect of pecuniary and non-pecuniary damage in separate civil
proceedings (section 7 of the Judicial Review Act).
98. The court may reject the complaint if it finds that the act or decision
being challenged has been taken by a competent authority or official, is