The document deals with the review of legality of ‘normative legal acts’ (that is, the conformity of subordinate legislation to superior statutes and regulations, such as federal laws). In the first place, this interpretive judgment of the Court distinguishes between legal acts which 1) are clearly normative by nature 2) those which are clearly not normative and 3) those which are not as a rule normative but under certain circumstances may be recognised as such, if it becomes evident that they affect an uncertain group of persons.
Besides, the Court explained that:
- when a law refers to consideration of commercial courts disputes arising in a particular field of activity, it is implied that normative acts affecting that field may also be challenged in commercial courts;
- if consideration of a case regarding the judicial review of a normative act is not assigned to the competence of commercial courts, the latter still may assume jurisdiction over the case, provided that a court of general jurisdiction has earlier held the case to be outside its competence;
- commercial court may not use such security measure as temporary suspension in the operation of a contested normative act;
- the fact of violation of requirements as to the form of normative act, the procedure for its adoption or entering into force is not per se a ground for terminating the review proceedings, because such act was still capable of violating the rights and lawful interests of the applicant and other persons;
- the repeal of the contested normative act is not a ground for terminating the review proceedings, if within the period of its operation anyone’s rights and lawful interests in economic area were or might have been violated by this act.
