MEANS OF PROTECTION OF RIGHTS DURING ADMINISTRATIVE PROCEEDINGS

This article discusses the participation of the suspension of the execution of administrative acts as a procedural institution in ensuring the protection of human rights. This article states that Article 41.1 of the Code of Administrative Procedure stipulates that the claim on disputing an administrative act does not have suspensory effect in relation to the execution of that act. Thus, it is clear from this norm that regardless of whether the interested person has used legal remedies or not, the administrative body can execute the administrative act in accordance with the 81st and following articles of the Law of Ukraine after adopting the administrative act. Later, that is, by losing the process in the litigation process, the plaintiff often does not get anything, because the legal consequences of the administrative act have already arisen. In the end, it is concluded that until the final decision on the claim is made, it is necessary for the claimant to actively use the methods and means provided by the legislation to prevent the implementation of the administrative act by the administrative body.

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Publication Details

Journal
Polis Akademiyasının elmi xəbərləri.
Published
2024-12-01
DOI
https://doi.org/10.62130/yova8375
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

MEANS OF PROTECTION OF RIGHTS DURING ADMINISTRATIVE PROCEEDINGS

Shahriyar Jafarzada
Polis Akademiyasının elmi xəbərləri.
Ukrainian Legal and Forensic Studies
article

MEANS OF PROTECTION OF RIGHTS DURING ADMINISTRATIVE PROCEEDINGS

Shahriyar Jafarzada
article en

Abstract

This article discusses the participation of the suspension of the execution of administrative acts as a procedural institution in ensuring the protection of human rights. This article states that Article 41.1 of the Code of Administrative Procedure stipulates that the claim on disputing an administrative act does not have suspensory effect in relation to the execution of that act. Thus, it is clear from this norm that regardless of whether the interested person has used legal remedies or not, the administrative body can execute the administrative act in accordance with the 81st and following articles of the Law of Ukraine after adopting the administrative act. Later, that is, by losing the process in the litigation process, the plaintiff often does not get anything, because the legal consequences of the administrative act have already arisen. In the end, it is concluded that until the final decision on the claim is made, it is necessary for the claimant to actively use the methods and means provided by the legislation to prevent the implementation of the administrative act by the administrative body.

Polis Akademiyasının elmi xəbərləri.Vol. 13(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 58%
Ukrainian Legal and Forensic Studies
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