Рrotection of the rights of management subjects through appeal of decisions, actions or inaction of authority subjects

Abstract

The article is devoted to the study of the protection of the rights of economic entities by appealing against decisions, actions or inaction of subjects of power. The judicial practice of considering cases on appealing against decisions of subjects of power by administrative and economic courts is considered. Based on the analysis of judicial practice, the insufficiency of the provisions enshrined in the Economic Procedural Code of Ukraine has been established for a complete and proper assessment of acts of subjects of power in the process of resolving the issue of appeal. In connection with the provision of economic courts with the powers to consider cases with the participation of subjects of power, ways are proposed to improve the procedural basis for considering cases with the participation of the specified subject as a participant in the case. It is proposed to fix the criteria for evaluating decisions, actions or inaction of subjects of power in cases of their appeal, as provided for by the Code of Administrative Procedure of Ukraine; supplement the principles of economic legal proceedings with the principle of official clarification of all the circumstances of the case in cases involving subjects of power; expand the range of disputes in which the economic court should apply the principle of official clarification of the circumstances of the case; provide for amendments to Art. 74 of the Code of Criminal Procedure of Ukraine, which establish that the obligation to prove the legitimacy of his decision, action or inaction rests with the defendant in the case, if he, in accordance with the law, is a subject of power, and the subject of power must submit to the court all his documents and materials available that can be used as evidence in the case. Fixing the proposed provisions in the COD of Ukraine will provide the economic courts with the necessary powers to verify the legality (legitimacy) of acts, decisions, inaction of subjects of power, ensure the formation of unity of judicial practice in accordance with the requirements of predictability, the rule of law and effective protection of rights.