Measures to Ensure the Claim in Administrative Proceedings

Abstract

The article deals with legal provisions, stagnation (judicial) practice in the acquired legal science, the types (measures) of securing the claim in administrative proceedings - one of the guarantees of the judiciary - are analyzed. Emphasis is placed on respect for problematic issues, which allegedly arise in stagnant courts, singing methods of securing an administrative lawsuit. The efficiency of legally defined means of securing an administrative claim is analyzed: suspension of an individual act or normative legal act; prohibition of the defendant to perform certain actions; prohibition of other persons to perform actions related to the subject of the dispute; suspension of recovery on the basis of an executive document or other document under which recovery is carried out in an indisputable manner, in terms of ensuring the implementation of the tasks of administrative proceedings. In particular, the legal consequences of securing a claim by suspending a normative act and revoking such an act are distinguished. At the same time, the courts were asked to move away from the established in practice, but excessive, simultaneous application of measures to secure the claim by suspending the normative legal or individual act and prohibiting the subjects of power to take action to implement such an act. It is proposed to return to the measures of securing the administrative claim previously excluded: the obligation of the defendant to take certain actions - as such, which is a proportionate and adequate way to secure the claim in case of appeal of inaction of the subject of power, in particular, inaction, and the actions requested by the plaintiff are legally significant and limited by a certain time frame. Particular attention is paid to the issue of restrictions on ways to secure the claim. Emphasis is placed on the need for a balanced and balanced restriction of measures to secure the claim, which would be motivated not by issues of political expediency, but would take into account the ratio of public and private interest in compliance with the criteria of proportionality. Aspects of abuse of the right to secure a claim are studied on the example of case law.