Article 59. Cancellation, amendment or invalidation of an administrative act

An administrative act may be canceled or amended upon an application or an administrative complaint of an interested person by the administrative body that adopted it, a higher administrative body, as well as other bodies in cases provided for by law.

On its own initiative, an administrative body has the right to cancel or amend an administrative act adopted by it in cases where the need for this is due to changes in legislation, the prevention of a threat to public interests, the discovery of a discrepancy between an administrative act and legislation and in other cases provided for by law.

Legislation may provide for cases when administrative acts are canceled or amended only by judicial procedure.

If an administrative act is found to be inconsistent with legislation, it must be canceled or amended by the administrative body.

In cases where the trust of the interested person is subject to protection, the issue of repealing or amending the administrative act is considered in court.

The trust of an interested person is subject to protection if, relying on the legal force of an administrative act, he used the property received on the basis of an administrative act, entered into a transaction for the disposal of his property, or otherwise used the benefits and advantages provided by an administrative act.

The trust of the interested person is not subject to protection if:

the interested person has not fulfilled additional obligations related to the administrative act;

the interested person has not used the money, thing or right granted to him/her on the basis of an administrative act for its intended purpose;

the interested person knew about the unlawfulness of the administrative act or did not know about it due to his own fault;

the administrative act was adopted as a result of deceit, threats or other unlawful influence on the administrative body;

the law requires the annulment of the administrative act without regard to the protection of the trust of the persons concerned.

In the cases provided for by paragraphs two to five of part seven of this article, an unlawful administrative act may be canceled retroactively by determining a specific moment for its cancellation or annulment, unless otherwise provided by law.

Regardless of the confidence of the interested person, an administrative act found to be inconsistent with legislation may be canceled by an administrative body if its maintenance poses a threat to public interests.