CANCELLATION OF FAVOURABLE ADMINISTRATIVE ACTS BY WAY OF SELF-CONTROL

Year: 
2020

Article:

Issue: 
6

UDC: 
342
DOI: 
10.34076/2219-6838-2020-6-50-63
Author(s): 

Vinnitskiy Andrey

Head of the chair, Ural State Law University (Yekaterinburg), doctor of legal sciences, ORCID: 0000-0002-8813-3486, e-mail: av.vinnitskiy@gmail.com

Kharinov Ilya

Senior lecturer, Ural State Law University (Yekaterinburg), candidate of legal sciences, ORCID: 0000-0001-6558-4965, e-mail: kharinov.ilya@gmail.com

Author(s): 
Vinnitskiy Andrey
Kharinov Ilya
Abstract: 

The subject of the research is the rules of current legislation on the organization of public power, provision of state and municipal services, and of other normative acts concerning the admissibility of cancellation by public authorities of their own administrative acts. There is an overview of the domestic legal doctrine on this issue. The article summarizes and analyses the extensive judicial and arbitration practice for the consideration of disputes related to the admissibility of cancellation of administrative acts on the provision of state and municipal services by way of self-control. The relevant foreign experience is studied on the example of the legislation of the Federal Republic of Germany and neighbouring countries. The authors critically analyse the position on the unlimited powers of the public authorities to cancel their own decisions on the provision of administrative services. As a result of the research, the following main conclusions are made: 1) decisions on the provision of state and municipal services are favourable administrative acts; 2) their cancellation by way of self-control is not legitimate under the existing regulatory system; 3) the issues of permissible cancellation of favourable administrative acts must be directly regulated by a federal law.

Key words: 

state and municipal services, administrative acts, cancellation of administrative acts, powers of public administration, self-control, subjective public rights, administrative and legal disputes, protection of the rights of individuals

For citation: 

Vinnitskiy A., Kharinov I. (2020) Сancellation of favourable administrative acts by way of self-control. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 6, pp. 50–63, DOI: https://doi.org/10.34076/2219-6838-2020-6-50-63.

Text of the article: 

Publication date: 
Sunday, 25.04.2021

English