Open AccessTHE ENFORCEMENT PROCEEDING UNDER THE BULGARIAN ADMINISTRATIVE PROCEDURE CODE
Author(s) -
Veselina Kanatova-Buchkova
Publication year - 2021
Publication title -
world science/world science
Language(s) - English
Resource type - Journals
eISSN - 2414-6404
pISSN - 2413-1032
DOI - 10.31435/rsglobal_ws/30062021/7610
Subject(s) - enforcement , principle of legality , administrative law , administration (probate law) , law , business , law enforcement , code (set theory) , appeal , economic justice , political science , public administration , computer science , set (abstract data type) , programming language
This paper considers the issues related to the provisional enforcement of administrative acts and the legal remedies against the execution of an administrative act before its entry into force in case of contestation before a higher administrative body or the court. The means of protection of the parties concerned against the provisional enforcement of administrative acts are the subject of special proceedings defined as enforcement proceedings, as they guarantee the ultimate aim of protecting the respective appellant, which is sought by challenging the administrative act, namely not to have the legal consequences of an illegal administrative act realized. The enforcement proceedings under the Administrative Procedure Code provide protection through the suspension of provisional enforcement until the final settlement of the issue of the legality of the administrative act. There detailed consideration of the preconditions of the proceedings, including the controversial issues related to their application in the administration of justice.