Kuzmych V. Suspension of the acts of the subjects of imperious plenary powers as a type of securing a claim in the administrative proceedings of Ukraine.

The thesis presents a complex scientific and theoretical generalization and a practical solution to the scientific task of administrative proceedings regarding such a measure of securing a claim as suspension of the acts of the subjects of imperious plenary powers based on the analysis of legislation, judicial practice and scientific literature. The genesis of the institution of securing a claim in administrative proceedings of Ukraine is analyzed. The definition of the concept of “securing a claim in administrative proceedings” is provided according to which it is proposed to understand taking by the court, in compliance with the procedural form exhaustively foreseen in the Code of Administrative Proceedings of Ukraine urgent measures of temporary nature, which comply with the proportionality criterion to the claims, set out in a written court ruling, to prevent or stop the violation of the rights, freedoms and interests of a person, as well as to guarantee the actual execution of the court decision. It is argued that the content of such a measure to secure a claim as a suspension of the acts of the subjects of imperious plenary powers consists in the temporary suspension of legal influence of an individual act or a normative legal act of a state authority (including those without the status of a legal entity), a local self-government body, their official or a service person, other authorized subjects in the respective circle of legal relations. It is proved that the real subjects of initiating the issue of securing a claim by suspension of the acts of the subjects of imperious plenary powers are as follows: 1) a person who can acquire the status of a plaintiff; 2) participants in the case (a plaintiff; third parties who bring independent claims regarding the subject of the dispute; third parties who do not bring independent claims regarding the subject of the dispute on the plaintiff’s side); 3) bodies and persons authorized by law to apply to the court in the interests of other persons; 4) the administrative court. It is argued that such a measure of securing a claim as suspension of the action of the acts of the subjects of imperious plenary powers can be applied by: 1) the court of the first instance; 2) the court of appeal; 3) the court of cassation. It is established that the procedural document that initiates the issue of securing a claim by suspension of the action of the acts of the subjects of imperious plenary powers is an application on securing a claim. The requirements for the form and content of the application to secure the claim by suspension of the action of the acts of the subjects of imperious plenary powers are studied. The procedure for the submission and the features of consideration of an application to secure a claim by suspension of the action of the acts of the subjects of imperious plenary powers are described. The types of court rulings that are made as a result of the consideration of the issue of securing a claim by suspension of the acts of the subjects of imperious plenary powers are identified. It is proved that the following types of court rulings made as a result of consideration of the issue of securing a claim by suspension of the acts of the subjects of imperious plenary powers that are subject to appeal and cassation are: 1) a court ruling on securing a claim by suspension of an individual act or a normative legal act; 2) a court ruling on refusal to secure a claim by suspension of an individual act or a normative legal act; 3) a court ruling on returning an application for securing a claim by suspension of an individual act or a normative legal act to the applicant without consideration. The problems of normative regulation of the issue of the execution of the court ruling on securing a claim by suspension of the acts of the subjects of imperious plenary powers are pinpointed, and ways of solving them are proposed within the framework of identifying the directions for improving administrative procedural legislation in this field.