UDC 342.553

DOI 10.37749/2308-9639-2025- 4 (26 8 )- 3

I. I. Senchuk, Candidate of Law, Doctor of Economics, Associate Professor, Associate Professor of the Department of Law Enforcement Activities, National Institute No. 5 of the Kharkiv National University of Internal Affairs

ORCID: https://orcid.org/0000-0003-0025-8143

ORDER OF THE CHAIRMAN OF THE LOCAL COUNCIL ON SUSPENSION OF THE DECISION OF THE RELEVANT COUNCIL AS THE SUBJECT OF A COURT APPEAL

The provisions of the administrative procedure of Ukraine reveal the grounds for appeal, among which the decision of a subject of public authority is directly highlighted. By its legal nature, the decision of a subject of public authority is one that is appealed in the administrative procedure.

When analyzing the work of a wide range of legal scholars who have studied the issues of administrative justice, it is worth paying special attention to the fact that the issue of the legal nature of the order of the head of the local council to suspend the decision of the relevant council, as a decision of a subject of authority, the essence of the object and subject of such an appeal has been insufficiently investigated.

The science of administrative law has not received a sufficient number of comprehensive studies devoted to the disclosure of such a concept as “order of the chairman of the local council on suspension of the decision of the relevant council”, which should be considered through the prism of administrative proceedings. There is a lack of clear delimitation of the criteria on the basis of which the order of the chairman of the local council on suspension of the decision of the relevant council can be attributed to those decisions of the subject of power that can be appealed in the administrative proceedings of Ukraine.

Such terminological uncertainty leads to problems that arise in law enforcement and in judicial practice. In the modern scientific environment in the field of administrative law, a holistic interpretation of the concept of “decision of a subject of public authority” has not been developed, which is why it is difficult to attribute the order of the head of the local council to suspend the decision of the relevant council to the decision of a subject of public authority, which is subject to judicial appeal, in judicial practice.

At the same time, administrative substantive legislation uses a variety of terminology to define the types of decisions of subjects of power. The legislation mentions such terms as “normative and legal act”, “act”, “individual act”, “administrative act”, “legal act”.

At the same time, at the level of national legislation, it is not specified whether the order of the head of the local council to suspend the decision of the relevant council refers to the decision of a subject of public authority, which is subject to judicial appeal in the administrative justice procedure of Ukraine.

Keywords: order of the chairman, decision of the council, judicial appeal, decision of a subject of authority.

LIST OF REFERENCES

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