THE ISSUE OF RECOGNITION INVALID AND REVOCATION OF THE DECISIONS OF AUTHORITY SUBJECTS

Abstract

The article is devoted to the study of issues of recognition as invalid and annulment of decisions of subjects of power. The article notes that in judicial practice there are certain problematic issues regarding the grounds and conditions for recognition as invalid and regarding the annulment of decisions of subjects of power. Attention is drawn to the fact that depending on the type of acts that are the subject of appeal, different terms are used to indicate their termination, namely "cancellation" and "loss of validity". It is substantiated that the administrative court can annul the decision of the subject of power in a judicial procedure. At the same time, the administrative court must first recognize such a decision as illegal, and then, depending on which type of decision is appealed, a normative legal act or an individual act, declare the first invalid and cancel the individual act. Attention is drawn to the fact that granting courts the authority to cancel acts of public authorities, their officials and officials, can be considered as a means of ensuring legality and law and order in the state. It is concluded that when appealing a normative legal act, the court must make a conclusion about the conformity or non-compliance of the normative legal act with the law or a legal act of higher legal force. When challenging an individual act, the court must make a conclusion whether the subject of authority has carried out proceedings regarding the adoption of an individual act on the basis, within the limits and in the manner prescribed by law; whether the use of discretionary powers in making the decision was legal and justified. Failure to comply with these requirements entails recognition as invalid or cancellation of the relevant decision of the subject of authority. A court's decision to cancel an individual act or invalidate a normative legal act is the basis for early termination of the act.