| Article | Problems of Application/non-use of Laws, Found Unconstitutional in Administrative Justice |
|---|---|
| Authors | Belkin L. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 8 / 2012 |
| Pages | 348 - 355 |
| Annotation | The problems of administrative justice in the laws declared unconstitutional. It is proved that the non-use of administrative justice of the law deemed unconstitutional, not justified by the fact of recognizing it as unconstitutional, and the fact that this law contradicts the Constitution of Ukraine as an act of higher legal force, and therefore did not apply by virtue of p. 4 of Art. 9 of the Code of Administrative Procedure of Ukraine. Recognition of the law unconstitutional only establishes the fact of such a conflict. Therefore, this law did not apply during the entire period from the date of its adoption. Considered the practice of courts of Ukraine, and the legal position of the Constitutional Court of the Russian Federation with similar issues. |
| Keywords | administrative proceedings, the constitutionality, newly discovered facts, retroactive. |
| References | |
| Electronic version | Download |