Legal principles of appealing administrative acts of local government bodies

Abstract

The scientific article is devoted to establishing the features of legal regulation of appealing administrative acts of local government bodies. The legislative and by-laws that regulate the legal status and powers of both local government bodies and commissions for considering citizens’ complaints at various government bodies are studied. The norms of legislation on administrative procedure and administrative justice are analyzed. The opinions of scientists who have studied the powers of local government bodies, the essence, features, and types of administrative acts, as well as the characteristics of their adoption and execution, are examined.

It is proposed to define appealing administrative acts of local government bodies as the right of citizens, whose rights and legitimate interests have been violated, to challenge individual decisions made by these bodies through the processes of administrative justice or administrative appeal. Administrative appeals are special procedures for reviewing the actions of local government bodies by commissions that consider citizens’ appeals. It is concluded that there are two ways to appeal administrative acts of local government bodies: administrative appeal by filing a complaint with a higher-level administrative body and administrative proceedings carried out by a court.

Proposals have been developed to improve the legal regulation of administrative appeals of decisions of local government bodies in the form of administrative acts: to grant complaint review commissions the right to make not recommendatory but final decisions on the complaint, to improve the procedure for forming such commissions, to provide for the possibility of appealing the decisions of complaint review commissions in the administrative proceedings. Prospects for further scientific research have been identified.