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CODE OF ADMINISTRATIVE LEGAL PROCEEDINGS OF UKRAINE

of July 6, 2005 No. 2747-IV

(The last edition from 07-06-2018)

Section I General provisions

Chapter 1. Basic provisions

Article 1. Purpose of the Code of administrative legal proceedings of Ukraine

1. The code of administrative legal proceedings of Ukraine determines jurisdiction, powers of administrative courts, establishes legal proceedings procedure in administrative courts.

Article 2. Tasks and basic principles of administrative legal proceedings

1. Task of administrative legal proceedings is fair, impartial and timely permission court of disputes in the field of the public relations with the purpose of effective protection of the rights, freedoms and interests of physical persons, the rights and interests of legal entities from violations from subjects of powers of authority.

2. In cases concerning appeal of decisions, actions or divergence of subjects of powers of authority administrative courts check whether are accepted they (are made):

1) on the basis, within powers and method which are determined by the Constitution and the laws of Ukraine;

2) with power use on purpose with which this power is conferred;

3) reasonably, that is taking into account all circumstances important for decision making (action making);

4) without prejudice (openmindedly);

5) honesty;

6) reasonably;

7) with respect for the principle of equality before the law, preventing all forms of discrimination;

8) in proportion, in particular with respect for necessary balance between any adverse effects for the rights, freedoms and interests of person and the purposes to which achievement this decision (action) is directed;

9) taking into account the right of person to participation in decision making process;

10) timely, that is during reasonable time.

3. The main beginnings (principles) of administrative legal proceedings are:

1) supremacy of law;

2) equality of all participants of legal procedure before the law and court;

3) publicity and openness of legal procedure and its complete fixation by technical means;

4) competitiveness of the parties, dispositivity and official clarification of all circumstances on case;

5) obligation of the judgment;

6) providing right to appeal reconsideration of the case;

7) providing the right to cassation appeal of the judgment in the cases determined by the law;

8) rationality of terms of consideration of the case by court;

9) inadmissibility of abuse of procedural law;

10) compensation of court costs of physical persons and legal entities for benefit of which the judgment is made.

Article 3. Legislation on administrative legal proceedings

1. The procedure of administrative legal proceedings is established by the Constitution of Ukraine, this Code and international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine, provides other rules, than established by this Code rules of the international treaty are applied.

3. Production on administrative cases is performed according to the law existing during making of separate legal proceeding, consideration and permission of case.

4. The law which establishes new obligations cancels or narrows the rights belonging to participants of legal procedure, limits their use, has no retroactive effect in time.

Article 4. Determination of terms

1. In this Code the stated below terms are used in such value:

1) administrative case - the public dispute transferred to permission of administrative court;

2) public dispute - dispute, in which:

at least one party performs public and imperious managerial functions, including on accomplishment of the delegated powers, and the dispute arose in connection with execution or non-execution by such party of the specified functions; or

at least one party provides administrative services based on the legislation, authorizes or obliges to provide such services only of the subject of powers of authority, and the dispute arose in connection with provision or failure to provide by such party of the specified services; or

at least one party is subject of the electoral process or process of referendum and the dispute arose in connection with violation of its rights in such process from the subject of powers of authority or other person;

3) administrative court - court to which competence this Code refers consideration and permission of administrative cases;

4) court - the judge of administrative court who considers and solves administrative case solely, board of judges, other structure of administrative court determined by this Code;

5) administrative legal proceedings - activities of administrative courts concerning consideration and the solution of administrative cases according to the procedure, established by this Code;

6) legal procedure - the legal relationship developing during implementation of administrative legal proceedings;

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