Искът по чл. 128А от АПК като субсидиарно правно средство за защита срещу нищожността на съдебния акт - решение или определение, с което се прегражда по-нататъшното развитие на производството
The Claim Under Article 128A of the Administrative Procedure Code as a Subsidiary Legal Remedy Against the Nullity of the Judicial Act - A Decision or a Ruling, Barring the Further Development of the Proceedings

Author(s): Tanya Daskalova
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: claim; validity; nullity; decisions and rulings; declaratory; subsidiary
Summary/Abstract: The purpose of this paper is to clarify the legal nature and outline the field of application of the claim under Article 128a of the Administrative Procedure Code. The claim under Article 128a is a particular legal remedy against the nullity of decisions and rulings, barring the further development of proceedings. The nullity is a serious defect of the judicial act, which is related to violations of the requirements for its validity. A null and void decision does not create legal consequences, but creates a fictitiousness of acknowledged and adjudicated rights. When the decision is considered null and void, the court declares its nullity. The claim for annulment of decisions and rulings, issued by the administrative courts and the Supreme Administrative Court, is declaratory in nature and as such is not subject to deadline. The claim is a subsidiary legal remedy against the nullity of the judicial act. It is admissible when the issue of the nullity of the judgment has not been a subject of judicial review. The claim under Article 128a may be defined as an extraordinary means of control regarding the validity of legal acts that entered into force.

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