A CLAIM FOR NORM CONTROL IN THE SYSTEM LEGAL PROTECTIONOF A PERSON IN PUBLIC LAW (ON THE EXAMPLE OF LAND DISPUTES)
DOI:
https://doi.org/10.63546/3005-2246.2024.7.3.003Keywords:
Regulatory control, administrative action, land disputes, subordinate regulatory legal act, master plan, “side” checkAbstract
This article explores a specific type of legal action — the normative control claim, which serves as a means of directly challenging normative legal acts in court. The study adopts a systemic approach and includes a comparative legal analysis of the regulation of normative control in Central Asian countries and Germany. The author defines the concept of "normative control," distinguishing it from incidental forms of judicial review, and discusses the legal nature and terminology of this type of claim. The article highlights the importance of effective legal protection for individuals in public law relations within the framework of the rule of law and examines how normative control fits into the comprehensive system of citizens' rights protection. The author elaborates on the concept of a normative control claim and its place in the system of legal safeguards for individuals in public law. The article identifies the functions of normative control and distinguishes this type of claim from "classical" administrative claims. It offers a comparative perspective through the analysis of legislative regulation of normative control claims in Central Asia and Germany. The procedural specifics of adjudicating such claims are examined using land disputes as an example.