ПРОЦЕСУАЛЬНІ АСПЕКТИ ВИКОНАННЯ УХВАЛИ СУДУ ПРО ЗАБЕЗПЕЧЕННЯ ПОЗОВУ ШЛЯХОМ ЗУПИНЕННЯ ДІЇ ІНДИВІДУАЛЬНОГО АКТА

Abstract

Kuzmych V. Procedural aspects of execution of a court ruling on securing a claim by suspending an individual act The article proves that securing a claim is a separate institution of administrative proceedings, which is aimed at ensuring the implementation of the goal of administrative proceedings through prompt and effective protection of the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of imperious plenary powers. It is substantiated that an important prerequisite for the implementation of the above goal is not only proper consideration of the issue of securing the claim, which results in a lawful and reasonable court decision, but also the actual and timely execution of this judicial act. The problems of legal regulation of the issue of execution of the court ruling on securing the claim by suspending an individual act are singled out. Among the main problems of this category are, in particular: inconsistency of normative provisions of the Code of Administrative Proceedings of Ukraine, which regulate the issues of execution of a court ruling on securing a claim to the fundamental principle of legal certainty; disregard for the legal provisions of the administrative proceedings law governing the execution of court ruling on securing the claim, the peculiarities of administrative proceedings, where the court to comply with the principle of the official establishment of all circumstances in a case is to take an active position in resolving public disputes. Proposals for comprehensive amendments to Article 156 of the Code of Administrative Proceedings of Ukraine are formulated, which are aimed at solving the above mentioned problems. It is substantiated that the introduction of relevant amendments to Article 156 of the Code of Administrative Proceedings of Ukraine will improve administrative proceedings legislation in the execution of court ruling on securing the claim by suspending an individual act and create favorable conditions to protect the rights, freedoms and interests of individuals from violations by the subjects of imperious plenary powers.