APPEAL OF RULINGS ON THE ISSUES REGARDING SECURING A CLAIM BY SUSPENDING ACTS OF SUBJECTS OF IMPERIOUS PLENARY POWERS

Abstract

The article substantiates that the right to appeal and cassation of the rulings, which are issued as a result of solving the issue of securing a claim by suspension of acts (an individual act or a normative legal act) of subjects of imperious plenary powers, is a component of a person's constitutional right to judicial protection. The problems related to the appeal of the rulings issued as a result of the resolution of the issue of securing a claim by suspension of an individual act or a normative legal act are singled out. Among the main problems of this category are, in particular: the absence of indication in Chapter 10 of Section I of the Code of Administrative Proceedings of Ukraine of the possibility of appealing the court ruling on returning the application for securing a claim to the applicant without consideration; failure to take into account the requirements for legislative technique when setting out the provisions of the Code of Administrative Proceedings of Ukraine, which are related to the cassation of the court rulings of the appeal instance on issues of securing a claim. As part of solving the above-mentioned problems, amendments to the Code of Administrative Proceedings of Ukraine are proposed. It is substantiated that the introduction of appropriate amendments to the Code of Administrative Proceedings of Ukraine will allow improving the administrative procedural legislation in the part of appeals of rulings which are issued as a result of solving an issue of securing a claim by suspension of an individual act or a normative legal act and will increase the effectiveness of the judicial form of protection of rights, freedoms and interests of individuals.