Legal Mechanism for Challenging Actions and Decisions of Collegial Bodies Operating within State and Municipal Institutions

Abstract

The purpose of the article is to analyze the activities of collegial executive authorities established in the structure, their legal personality, their ability to generate the rights and obligations of interacting persons by their actions, as well as to act as defendants in court when challenging their actions and decisions. The research methodology is based on an integrated approach to the mechanism of functioning of collegial bodies of public institutions, including the material and procedural aspects of their activities. General logical methods of cognition were used: analysis, synthesis, abstraction, generalization, as well as general scientific, specific scientific, and specialized methods, which made it possible to identify shortcomings in legislation regulating the process of challenging decisions of collegial bodies. The results of the study consist in identifying aspects of the functioning of collegial bodies and the procedure for challenging their decisions that are not regulated by law. On the one hand, collegial bodies in the structure of public authorities do not have independent powers of authority, but on the other hand, their decisions are still capable of influencing the rights and freedoms of interacting persons. Decisions of collegial bodies in this perspective are the root cause of the imposition of a decision by the organization head, under whose jurisdiction the specified collegial body is located. From the standpoint of administrative, labor, and state law, it is necessary to search for and develop the best option not only for the functioning of these entities, but also for verifying their activities using criteria of completeness, objectivity, and legality. The conclusion proposes measures to improve the legal regulation of out-of-court appeals against decisions made by collegial bodies of public institutions.