Invalidity (unconstitutionality) of ineffective, suspended and invalidated normative legal acts
Автор: Kuznetsova O.A.
Журнал: Пермский юридический альманах @almanack-psu
Рубрика: Конституционное, административное право
Статья в выпуске: 5, 2022 года.
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The grounds and conditions of invalidation of three types of normative legal acts with a special temporal status are investigated: the acts that lost their effect, suspended acts and acts declared invalid by the court. It is concluded that the recognition of invalid acts as unconstitutional is possible if they continue to affect the legal relationship with the participation of the applicant and thereby continue to violate his fundamental rights and freedoms. It is permissible to recognize suspended normative legal acts as unconstitutional, since they do not lose their legal force. It is proved that legal acts recognized as invalid can be recognized as constitutional by way of abstract norm control and unconstitutional by way of specific norm control.
Temporality of law, validity of normative legal acts over time, loss of legal force, invalidity of normative legal acts
Короткий адрес: https://sciup.org/147237856
IDR: 147237856