| Article | Protection of Certain Legal Position of Individual by Cancellation of Individual Legal Acts of Public Authority |
|---|---|
| Authors |
Rabinovych S.
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 2 / 2015 |
| Pages | 186 - 196 |
| Annotation | Problematic issues of termination of individual legal acts of public authorities are studied in the article. Formal and logical impossibility of adopting act and juridical inadmissibility of its passing are proposed to be distinguished. In the first case logical and legal limits of discretionary powers of public authorities to terminate their own acts are meant. The necessary prerequisites for legitimate expectations of private persons are both formal and material. Effect of legal acts of public authorities addressed to private persons is the former one. The latter comprise specific benefits and person’s aspirations to enjoy them being lawful and legitimized by the mentioned acts. The acts of public authorities repealing previously issued individual legal acts that became the basis for property interests of private persons are the forms of legalization and official legitimation of public benefits redistribution. Restriction of free discretion of authorities in the field of the above acts adoption is intended to prevent administrative arbitrariness, protect new stable relations and certainty of legal status of private persons. |
| Keywords | legal certainty, legitimate (legal) expectations, validity of individual legal acts, individual legal acts effect, repeal of acts of public authorities, recognition of acts of public authorities invalid, subjective legitimacy of individual legal acts. |
| References | |
| Electronic version | Download |