The efficiency of the interim relief institution by suspending an individual or regulatory act

The article analyses the provisions of Administrative Procedure Code Ukraine on interim relief through suspension a regulatory legal act and examines Supreme Court’s case law with regard to efficiency application this administrative procedure institution. In fulfilling main tasks proceedings, institution is great importance, as it allows plaintiff protect his or her rights interests at stage applying an court by suspending effect unlawful decision public authority. course practice study, gap in current legislation enforcement has been identified, namely: when order cancelled appellate court, authority believes that during time its was suspended, such gives rise obligations for parties. However, position inconsistent Constitution Constitutional Court Ukraine, but applied Court. To address problem, proposed amend provide cassation courts, issuing set aside ruling act, should determine loses force from date court's decision. case, clearly state first instance force, suspended did not give any parties litigation, cancelled, does have retroactive effect. be effective violated individuals.