Tag Archives for " Legal resources "

Jun 21

Types of legal resources

By John Buchanan | Legal resources

Legal resources are procedural actions that enable the eradication of irregular and unlawful acts adopted in the administrative procedure. The basic allocation of remedies is on a regular and extraordinary basis, and the criteria for the division are derived by the moment they can be used, the reasons and possibilities for their use.

Regular remedies are those that are normal as the possibility of challenging an administrative act before it becomes final. The procedure for them is appellate and the regular stage of the administrative procedure. The only regular legal remedy in an administrative procedure is an appeal. The deadlines for its use are short and, as a rule, there is a delay, and in principle, it can be invested due to any violation of material or procedural laws.

Extraordinary legal remedies are used against final, excellent and enforceable administrative acts, i.e. Contrary to acts that can not be challenged by an appeal. As a rule, extraordinary legal remedies have no suspensive effect. In a sense, the procedure towards them is a new procedure and can only be used if an appeal has been previously used. The entry is due to serious violations of the laws and the deadlines for their use are longer (in relation to deadlines for appeal). There are seven of them:

– Repeat the procedure

– Changing and canceling the administrative dispute resolution

– Request for the protection of legality

– Annulment and termination based on official supervision

– Abolition and alteration of a final decision with the consent or at the request of a client

– Extraordinary cancellation of

– Announcing the solution to the inevitable.

The final administrative act is the one against which there is no place of regular legal remedy, that is, which can not be appealed against, and such are all other administrative acts as well as the first instance in which the appeal is not allowed. A legally binding administrative act is one against which they can not use the appeal or conduct an administrative dispute (the decision has become final, the administrative dispute is not allowed, the deadline for the application has passed or the administrative dispute has been filed and the appeal rejected). The executive administrative act is any final and final administrative action, as well as the one with no call, but has not yet become final or enforceable.

Specific case or predetermined

The means of legal protection can be determined separately in each particular case, taking into account many different facts, including the amount of damage caused to the victim. Funds can also be determined in advance for the whole class of cases. For example, a fixed penalty may be imposed for all violations of a legal norm, no matter how much damage is done in a specific case.