of July 6, 2005 No. 2747-IV
1. The code of administrative legal proceedings of Ukraine determines jurisdiction, powers of administrative courts, establishes legal proceedings procedure in administrative courts.
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.
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.
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;
7) the subject of powers of authority - public authority (including without the status of the legal entity), local government body, their official or the official, other subject when implementing of public and imperious managerial functions by them based on the legislation, including on accomplishment of the delegated powers, or provision of administrative services;
8) the claimant - person, in protection of the rights which freedoms and interests claim is submitted to administrative court, or the administrator on bond issue who submits claim to administrative court in protection of the rights, freedoms and interests of bondholders according to provisions of the Law of Ukraine "About the capital markets and the organized goods markets", and also subject of powers of authority in pursuance of which powers claim is submitted to administrative court;
9) the defendant - the subject of powers of authority, and in the cases determined by the law and other persons to whom the requirement of the claimant is turned;
10) written production - consideration and permission of administrative case or single procedural question in court of the first, appeal or cassation instance without notice and (or) challenge of participants of case and carrying out judicial session based on case papers in the cases established by this Code;
11) reasonable time - the shortest time of consideration and the solution of administrative case sufficient for provision timely (without unjustified delay) judicial protection of the violated rights, freedoms and interests in the public relations;
12) the judgment - the decision, the resolution, determination of court of any instance;
13) the judgment - resolution of the Trial Court in which claims are solved;
14) the resolution - the written judgment of appeal or cassation instance in administrative case in which requirements appeal or the writ of appeal decide;
15) determination - the written or oral judgment of any instance on administrative case which resolves the issues connected with the procedure of consideration of administrative case and other procedural questions;
16) the administrative agreement - the joint legal act of subjects of powers of authority or the legal act with participation of the subject of powers of authority and other person based on their declaration of will has the form of the agreement, agreement, protocol, memorandum, etc., determines the mutual rights and obligations of participants in the public sphere and consists based on the law:
a) for differentiation of competence or determination of order of interaction between subjects of powers of authority;
b) for delegation of public and imperious managerial functions;
c) for redistribution or combination of budgetary funds in the cases determined by the law;
d) instead of the publication of the individual act;
ґ) for settlement of provision of administrative services;
17) public service - activities on the state political positions in the state collegiate organs, professional activity of judges, prosecutors, military service, alternative (not military) service, other public service, patronage service in state bodies, service in authorities of the Autonomous Republic of Crimea, local government bodies;
18) the regulatory legal act - the act of management (decision) of the subject of powers of authority which establishes changes, stops (cancels) general regulations of the same relations and which is expected long-term and numerous application;
19) the individual act - the act (decision) of the subject of powers of authority issued (accepted) on accomplishment of imperious managerial functions or according to the procedure of provision of administrative services, concerning the rights or interests of person determined in the act or persons and which action is exhausted by its accomplishment or has certain term;
20) administrative case of insignificant complexity (insignificant case) - administrative case in which nature of disputable legal relationship, the subject of proof and the list of participants, etc. do not require carrying out preparatory production and (or) judicial session for complete and comprehensive establishment of circumstances;
21) standard administrative cases - administrative cases in which defendant is the same subject of powers of authority (its isolated structural divisions), which had dispute over the similar bases, in the relations which are governed by one rules of law and in which claimants declare similar requirements;
22) typical administrative case - the typical administrative case accepted to production by the Supreme Court as Trial Court for pronouncement of the typical decision;
23) derivative claim - the requirement which satisfaction depends on satisfaction of other claim (the main requirement);
24) the size of subsistence minimum for able-bodied persons - the size of subsistence minimum for able-bodied persons calculated as of January 1 of calendar year in which the corresponding application or the complaint is made is made legal proceeding or the judgment is made.
2. The term "the administrator on bond issue" in this Code is used in the value given in the Law of Ukraine "About the capital markets and the organized goods markets".
1. Everyone has the right according to the procedure, established by this Code, to appeal to administrative court if considers that the decision, by action or failure to act of the subject of powers of authority violates its rights, freedoms or legitimate interests, and to ask about their protection in the way:
1) recognitions illegal and invalid regulatory legal act or its separate provisions;
2) recognitions illegal and cancellations of the individual act or its separate provisions;
3) recognitions of actions of the subject of powers of authority illegal and obligations to refrain from making of certain actions;
4) recognitions of failure to act of the subject of powers of authority illegal and obligations to make certain actions;
5) establishments of availability or lack of competence (powers) of subject of powers of authority;
6) acceptances by court of one of the decisions specified in Items 1 - the 4th this part and collection from the defendant subject of powers of authority of funds for indemnification caused by its illegal decisions, actions or failure to act.
2. Protection of the violated rights, freedoms or interests of person which took a legal action can be performed by court also otherwise which does not contradict the law and provides effective protection of the rights, freedoms, interests of man and citizen, other subjects in the field of the public relations from violations from subjects of powers of authority.
3. Bodies and persons who by the law are granted such right can appeal to court for the benefit of other persons.
4. Subjects of powers of authority have the right to appeal to administrative court only in the cases determined by the Constitution and the laws of Ukraine.
5. Nobody can be deprived of the participation right in consideration of the case in the procedure determined by this Code.
6. The disclaimer on appeal to the court is invalid.
7. Foreigners, stateless persons and foreign legal entities have in Ukraine the same right to judicial protection, as well as citizens and legal entities of Ukraine.
1. The court in case of the solution of case is guided by the principle of supremacy of law according to which, in particular, the person, its rights and freedoms are recognized the highest values and determine content and orientation of activities of the state.
2. The court applies the principle of supremacy of law taking into account court practice of the European Court of Human Rights.
3. The appeal to administrative court for protection of rights and freedoms of man and citizen directly based on the Constitution of Ukraine is guaranteed.
4. The refusal in consideration and the solution of administrative case based on incompleteness is forbidden, to ambiguity, inconsistency or lack of the legislation governing the disputable relations.
1. The court solves cases according to the Constitution and the laws of Ukraine, and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.
2. The court applies other legal acts adopted by relevant organ on the basis within powers and the method determined by the Constitution and the laws of Ukraine.
3. In case of discrepancy of the legal act of the Constitution of Ukraine, the law of Ukraine, to the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine or to other legal act the court applies the legal act having the highest legal force, or provisions of the corresponding international treaty of Ukraine.
4. If the court comes to conclusion that the law or other legal act contradicts the Constitution of Ukraine, the court does not apply such law or other legal act, and applies regulations of the Constitution of Ukraine as regulations of direct action.
In that case the court after decision on case appeals to the Supreme Court for the solution of question of entering into the Constitutional Court of Ukraine of idea of constitutionality of the law or other legal act which are carried to jurisdiction of the Constitutional Court of Ukraine.
5. If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are provided by the law then are applied rules of the international treaty of Ukraine.
6. In case of lack of the law regulating the corresponding legal relationship, the court applies the law regulating similar legal relationship (analogy of the law), and in the absence of such law the court proceeds from the constitutional principles and the general principles of the right (analogy is right). Analogy of the law and analogy of the right is not applied to determination of the bases, limits of powers and conduct of public authorities and local self-government.
1. All participants of legal procedure are equal before the law and court.
2. There cannot be privileges or restrictions of the rights of participants of legal procedure on signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property condition, residence, on language or other signs.
1. Consideration and permission of cases in administrative courts are performed on the principles of competitiveness of the parties and freedoms in provision by them to court of the proofs and in proof before court of their persuasiveness.
2. The court considers administrative cases precisely according to the action for declaration submitted according to this Code within claims. The court can go beyond claims if it is necessary for effective protection of the rights, freedoms, interests of man and citizen, other subjects in the field of the public relations from violations from subjects of powers of authority.
3. Each person who addressed for judicial protection disposes of the requirements at discretion, except the cases established by this Code. Also persons for the benefit of whom the action for declaration, except for those which have no administrative procedural capacity to act is submitted have such right.
4. The court takes the measures necessary for clarification of all circumstances for case, including on identification and reclamation of proofs determined by the law on own initiative.
1. Hearing of cases in administrative courts is conducted openly, except the cases determined by this Code.
2. Any person has the right to be present at proceeding in open court. From the face, the person interested to be present at judicial session, it is forbidden to require any documents, except the identity document.
3. Persons wishing to be present at judicial session are allowed in courtroom prior to judicial session and during break.
4. The court can remove from courtroom of persons who interfere with conducting judicial session, implementation of the rights or fulfillment of duties of participants of legal procedure or the judge, break procedure in courtroom.
5. Persons which are present at courtroom representatives of media can carry out in courtroom photographing, video and audio recording with use of portable video and audiotechnical means without receipt of the separate leave of court, but taking into account the restrictions set by this Code.
6. Broadcast of judicial session is performed from the leave of court. If all participants of case participate in judicial session in the video conference mode, broadcast of the course of judicial session on the Internet without fail is performed.
7. Carrying out in courtroom of photographing, video, and also broadcast of judicial session shall be performed without creation of hindrances under the authority of meeting and implementation by participants of legal procedure of their procedural law.
8. Consideration of the case in the closed judicial session is conducted in cases when open legal proceedings can lead to disclosure of the secret or other information protected by the law, need of protection of private and family life of the person and also in other cases determined by the law.
9. About consideration of the case in the closed judicial session determination is taken out. The court the resolution can announce judicial session closed completely or to declare closed its part.
10. Consideration of the case and making of separate legal proceedings in the closed judicial session is conducted with observance of rules of implementation of administrative legal proceedings. During such consideration there can be only participants of case, and in case of need - witnesses, experts, specialists, translators. The court warns specified persons about obligation not to disclose information for which ensuring protection consideration of the case or making of separate legal proceedings happen in the closed judicial session.
11. Use of systems of video conferencing and broadcasting the course of judicial session on the Internet in the closed judicial session is not allowed.
12. If during the closed judicial session it is determined that information for which ensuring nondisclosure consideration of the case or making of separate legal proceedings happened in the closed judicial session already is publicly available or restriction of information access is groundless or does not correspond to the law, the court takes out determination about further consideration of the case in proceeding in open court.
13. The court when considering the case in judicial session performs complete fixation of its current by means of the video and (or) sound recording technical tool, except the cases determined by this Code. The procedure for such fixation is established by this Code.
14. Official record of judicial session is only technical record, performed by court according to the procedure, determined by this Code.
15. The judgment (complete or reduced) accepted appears in proceeding in open court publicly according to the procedure, determined by this Code.
16. If legal proceedings were carried out in the closed judicial session, publicly appear only introductory and resolutive speak rapidly decisions if such parts do not contain information for which ensuring protection consideration of the case or making of separate legal proceedings happened in the closed judicial session. If introductory and (or) resolutive parts of the decision contain such information, their announcement is performed in the closed judicial session.
17. If the judgment appears publicly, the participants of case, other persons which are present at courtroom, representatives of media can carry out in courtroom photographing, video, broadcast of decision making per radio and television, to the Internet.
1. Nobody can be deprived of the right to information on time and the place of consideration of the case or is limited in the obtaining right in court of oral or written information on results of consideration of its legal case. Any person who is not the participant of case has the right to access to judgments according to the procedure, established by the law.
2. Persons who were not participating in case if the court resolved issue of their rights, freedoms, interests and (or) obligations which gave appeal or the writ of appeal on the relevant decision having the right to get acquainted with case papers, to do of them statements, to make copies of the documents filed, to receive copies of judgments according to the procedure, provided by this Code.
3. Information concerning the court considering case, participants of case and subject of action, receipt date of the action for declaration (claim) or any other statement or petition on case, including person who submitted such application, the taken measures of providing the claim and (or) proofs, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court to another is open and is subject to immediate promulgation on the official web portal of judicial authority of Ukraine according to the procedure determined by Regulations on Single judicial information and telecommunication system and/or provisions which determine procedure for functioning of its separate subsystems (modules).
4. In case of removal of determination by court about consideration of the case in the closed judicial session information on case does not reveal, except data on the parties, subject of action, receipt date of the action for declaration, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court in another.
5. When opening information on case determined by parts three and the fourth this Article the following data cannot be promulgated:
1) the residence or stay of physical persons with indication of the address, phone numbers or other means of communication, the e-mail address, registration numbers of accounting card of the taxpayer, details of identity documents, unique numbers of entry in the Unified state demographic register;
2) registration numbers of vehicles;
3) account numbers in banks, other financial institutions, non-bank payment services which provide, numbers of payment cards, e-wallets to issuers of electronic money;
4) information for which ensuring protection consideration of the case or making of separate legal proceedings happened in the closed judicial session.
Such data are replaced with alphabetic or digital references.
1. Administrative legal proceedings are performed by the rules provided by this Code, according to the procedure of claim production (general or simplified).
2. The simplified claim production is intended for hearing of cases of insignificant complexity and another matters for which bystry permission of case is priority.
3. General claim production is intended for hearing of cases which owing to complexity or other circumstances are inexpedient to be considered in the simplified claim production.
4. Only by rules of general claim production cases on disputes are considered:
1) on appeal of the regulatory legal acts, except as specified, determined by this Code;
2) on appeal of decisions, actions and failure to act of the subject of powers of authority if are also declared by the claimant the requirement about indemnification caused by such decisions, actions or failure to act in the amount exceeding five hundred sizes of subsistence minimum for able-bodied persons;
3) about compulsory acquisition of the parcel of land, other real estate units placed on it based on social necessity;
4) about appeal of the solution of subject of powers of authority based on which the requirement about money recovery in the amount exceeding five hundred sizes of subsistence minimum for able-bodied persons can be declared to them;
5) on appeal of decisions of the National commission on rehabilitation in the legal relationship which arose based on the Law of Ukraine "About recovery of victims of repressions of communist totalitarian regime of 1917-1991".
6) concerning appeal of individual acts of the National Bank of Ukraine, Fund of guaranteeing household deposits, the Ministries of Finance of Ukraine, the National commission on securities and stock market, decisions of the Cabinet of Ministers of Ukraine determined by part one of article 266-1 of this Code.
5. Conditions under which the court has the right to consider cases generally or the simplified claim production, are determined by this Code.
6. For the purposes of of this Code cases of insignificant complexity are cases relatively:
1) acceptances of citizens on public service, its passings, dismissal from public service, except cases in which claimants are officials who in value of the Law of Ukraine "About the prevention of corruption" hold responsible and especially responsible position;
2) appeals of failure to act of the subject of powers of authority or the manager of information concerning consideration of the address or request for information;
3) appeals of decisions by physical persons, actions or divergence of subjects of powers of authority concerning calculation, appointment, recalculation, implementation, provision, receipt of retirement benefits, social payments to disabled citizens, payments for obligatory national social insurance, payments and privileges to children of war, other social payments, surcharges, social services, the help, protection, privileges;
4) the terminations according to the address of the subject of powers of authority of legal entities or business activity of physical persons entrepreneurs in the cases determined by the law or cancellations of state registration of the termination of legal entities or business activity of physical persons - entrepreneurs;
5) appeals of decisions by physical persons, actions or divergence of subjects of powers of authority concerning entrance (departure) on temporarily occupied territory;
6) appeals of the solution of subject of powers of authority based on which the requirement about money recovery in the amount which is not exceeding hundred sizes of subsistence minimum for able-bodied persons can be declared to them;
7) penalties of sums of money which are based on solutions of subject of powers of authority concerning which the appeal term established by this Code came to the end;
8) typical cases;
9) appeals of regulatory legal acts which reproduce content or are accepted in pursuance of the regulatory legal act recognized by court illegal and invalid completely or in its separate part;
10) another matters in which the court comes to conclusion about their insignificant complexity, except for cases which cannot be considered by rules of the simplified claim production;
11) stay of foreigners or stateless persons in the territory of Ukraine.
1. Participants of case, and also persons who did not take part in case if the court resolved issue of their rights, freedoms, interests or obligations, have the right to appeal reconsideration of the case and in the cases determined by the law - to cassation appeal of the judgment.
2. Cassation appeal of the judgment of the first instance without its review in appeal procedure is not allowed.
1. The judgment with which consideration of the case in administrative court comes to an end is accepted by name of Ukraine.
2. Judgments which took legal effect are obligatory to execution by all public authorities, local government bodies, their official and officials, physical persons and legal entities and their associations in all territory of Ukraine.
3. Non-execution of the judgment involves the responsibility established by the law.
4. Obligation of the judgment does not deprive of persons who were not participating in case, opportunity to take a legal action if the question of their rights, freedoms, interests and (or) obligations is resolved by the made judgment.
1. Legal proceedings and clerical work in administrative courts are conducted in state language.
2. Courts provide equal rights of participants of legal procedure on language sign.
3. Courts use state language in the course of legal proceedings and guarantee the right of participants of legal procedure to use by them in legal procedure of the native language or language which they know.
4. Participants of legal procedure who do not own or know state language insufficiently, have the right to make statements, to offer explanations, to appear in court and to declare petitions in the native language or language which they know, using at the same time translation service, according to the procedure, established by this Code.
1. Participants of case have the right to use legal aid.
2. The representation in court as type of legal aid, is performed only by the lawyer (professional legal aid), except the cases established by the law.
3. Free legal aid is provided according to the procedure, established by the law regulating provision of free legal assistance.
1. The parties take measures of pre-judicial dispute settlement by agreement among themselves or in cases when such measures are obligatory according to the law.
2. Persons who violated the rights and legitimate interests of other persons shall recover them, without expecting presentation of the claim.
1. In courts the Single judicial information and telecommunication system functions.
2. Claim and other statements, claims and other procedural documents provided by the law which are filed a lawsuit and can be subject of legal proceedings, according to the procedure of their receipt are subject to obligatory registration in Single judicial information and telecommunication system in day of receipt of documents.
3. Determination of the judge or board of judges (judge-speaker) for consideration of specific case is performed by Single judicial information and telecommunication system according to the procedure, determined by this Code (the automated distribution of cases).
4. The single judicial information and telecommunication system according to the law provides exchange of documents (sending and receipt of documents) electronically between courts, between court and participants of legal procedure, and also fixation of legal procedure and participation of participants of legal procedure in judicial session in the video conference mode.
5. The court directs judgments and other procedural documents to participants of legal procedure to their official e-mail addresses, makes other legal proceedings electronically with use of Single judicial information and telecommunication system according to the procedure, determined by this Code Regulations on Single judicial information and telecommunication system and/or provisions which determine procedure for functioning of its separate subsystems (modules).
6. Lawyers, notaries, private contractors, court experts, state bodies and local government bodies, subjects of managing of the state and utility sectors of economy register official e-mail addresses in Single judicial information and telecommunication system without fail. Other persons register the official e-mail addresses in Single judicial information and telecommunication system in voluntary procedure.
7. The court hands to persons who registered official e-mail addresses in Single judicial information and telecommunication system any documents in cases in which such persons take part, exclusively electronically by their direction on official e-mail addresses of such persons that does not deprive of them the right to receive the copy of the judgment in paper form according to the separate statement.
8. Registration in Single judicial information and telecommunication system does not deprive of the right to submission of documents to court in paper form according to the procedure, determined by this Code.
Persons who registered official e-mail addresses in Single judicial information and telecommunication system file procedural and other documents, written and electronic proofs, make other legal proceedings electronically only by means of Single judicial information and telecommunication system, with use of own digital signature equated to the sign manual according to the Law of Ukraine "About electronic confidential services" if other is not determined by this Code.
Features of use of the digital signature in Single judicial information and telecommunication system are determined by Regulations on Single judicial information and telecommunication system and/or provisions which determine procedure for functioning of its separate subsystems (modules).
9. The court conducts consideration of the case with legal case materials in paper or electronic form according to the procedure, determined by Regulations on Single judicial information and telecommunication system and/or provisions which determine procedure for functioning of its separate subsystems (modules).
10. Procedural and other documents and proofs in paper form are stored in appendix to case in Trial Court and can be in case of need inspected by participants of case by Trial Court or are requested by court of appeal or cassation instance after receipt to them corresponding appeal or the writ of appeal.
11. Unauthorized intervention in work of Single judicial information and telecommunication system and in the automated distribution of cases between judges involves the responsibility established by the law.
12. The single judicial information and telecommunication system is subject to protection using complex system of information security with the confirmed compliance.
13. Regulations on Single judicial information and telecommunication system and/or the provisions determining procedure for functioning of its separate subsystems (modules) are developed by Public judicial administration of Ukraine and affirm the Supreme council of justice after consultations with Judicial council of Ukraine.
1. Jurisdiction of administrative courts extends to cases in public disputes, in particular:
1) disputes of physical persons or legal entities with the subject of powers of authority on appeal of its decisions (regulatory legal acts or individual acts), actions or failure to act, except cases when for consideration of such disputes other procedure for judicial proceedings is established by the law;
1-1) disputes of the administrator over bond issue which acts for the benefit of bondholders according to provisions of the Law of Ukraine "About the capital markets and the organized goods markets", with the subject of powers of authority concerning appeal of its decisions (regulatory legal acts or legal acts of individual action), actions or failure to act";
2) disputes over occasion of acceptance of citizens on public service, its passings, dismissal from public service;
3) disputes between subjects of powers of authority concerning realization of their competence in the field of management, including the delegated powers;
4) the disputes arising concerning the conclusion, accomplishment, the termination, cancellation or recognition invalid administrative agreements;
5) according to the address of the subject of powers of authority in cases when the right of appeal to the court for permission of public dispute is granted to such subject by the law;
6) disputes on the legal relationship connected with the electoral process or process of referendum;
7) disputes of physical persons or legal entities with the manager of public information on appeal of its decisions, actions or failure to act regarding access to public information;
8) disputes on withdrawal or property compulsory acquisition for social needs or based on social necessity;
9) disputes over appeal of solutions of certifying, tender, medico-social commissions of experts and other similar bodies which decisions are obligatory for public authorities, local government bodies, other persons;
10) disputes over forming of structure of state bodies, local government bodies, elections, appointments, releases of their officials;
11) to disputes of physical persons or legal entities on appeal of decisions, actions or failure to act of the state customer in the legal relationship which arose based on the Law of Ukraine "About defense purchases" except the disputes connected with the conclusion of the public contract (contract) on purchase with the winner of the simplified biddings using electronic purchasing system and also change, termination and execution of public contracts (agreements) on purchase;
12) disputes on appeal of decisions, actions or failure to act of bodies of protection of frontier over cases on the offenses provided by the Law of Ukraine "About responsibility of carriers during implementation of the international passenger traffic";
13) to disputes on appeal of decisions of the National commission on rehabilitation in the legal relationship which arose based on the Law of Ukraine "About recovery of victims of repressions of communist totalitarian regime of 1917-1991";
14) to disputes with subjects of powers of authority concerning carrying out efficiency analysis of implementation of public-private partnership;
15) the disputes arising in connection with the announcement, carrying out and/or determination of results of tender by determination of the private partner and concessionary tender;
16) disputes over implementation of state regulation, supervision and control in the field of media.
2. Jurisdiction of administrative courts does not extend to cases:
1) carried to jurisdiction of the Constitutional Court of Ukraine;
2) which shall be solved according to the procedure of criminal trial;
3) about imposing of administrative punishments, except the cases determined by this Code;
4) on the relations which according to the law, the charter (provision) of public association, self-regulatory organization are carried to its internal activities or exclusive competence, except cases in the disputes determined by Items 9, 10 parts one of this Article.
3. Administrative courts consider claims which are derivative of requirements in private law dispute and declared together with them if this dispute is subject to consideration according to the procedure of other, than administrative, legal proceedings and is under consideration of the relevant court.
1. To local general courts as administrative courts are jurisdictional:
1) administrative cases concerning decisions, actions or divergence of subjects of powers of authority on cases on administrative prosecution;
2) the administrative cases connected with the electoral process or process of referendum, relatively:
appeals of decisions, actions or failure to act of precinct election commissions, precinct election commissions on referendum, members of these commissions;
amendments of the electoral register;
appeal of actions or failure to act of subjects in the field of media, the companies, organizations, the organizations, their official and officials, creative specialists of subjects in the field of the media violating the law on elections and referendum;
appeals of actions or failure to act of the candidate of village, settlement council, candidates for position of the rural, settlement chairman, their authorized representatives;
3) the administrative cases connected with stay of foreigners and stateless persons in the territory of Ukraine, relatively:
forced return to country of source or third country of foreigners and stateless persons;
exclusion of foreigners and stateless persons out of limits of Ukraine;
detentions of foreigners or stateless persons for the purpose of their identification and (or) ensuring exclusion out of limits of the territory of Ukraine;
prolongation of term of detention of foreigners or stateless persons for the purpose of their identification and (or) ensuring exclusion out of limits of the territory of Ukraine;
detentions of foreigners or stateless persons to the solution of question of recognition by their refugees or persons, need additional protection in Ukraine;
detentions of foreigners or stateless persons for the purpose of ensuring their transfer according to international treaties of Ukraine on readmission;
4) administrative cases concerning decisions, actions or failure to act of the state contractor or other official of the public executive service on accomplishment of the decisions of the courts by them on cases determined by Items 1 - 3 parts one of this Article;
5) administrative cases on appeal of decisions of the National commission on rehabilitation in the legal relationship which arose based on the Law of Ukraine "About recovery of victims of repressions of communist totalitarian regime of 1917-1991".
2. To district administrative courts all administrative cases, except determined by parts one and third this Article are jurisdictional.
3. To the supreme anti-corruption court cases on application of the sanction, stipulated in Item 1-1 part one of article 4 of the Law of Ukraine "About sanctions" are jurisdictional.
1. The claimant can declare several requirements in one action for declaration if they are connected among themselves.
2. If case in the relation of the connected requirements to territorially jurisdictional different local administrative courts, then considers it one of these courts at the choice of the claimant.
3. If case is relative one of requirements to jurisdictional district administrative court, and concerning other requirement (requirements) - to local general court as administrative court, such case is considered by district administrative court.
4. If case is relative one of requirements to jurisdictional Appeal administrative court, and concerning other requirement (requirements) - to local administrative court, such case is considered by Appeal administrative court.
5. The requirement about indemnification caused by illegal solutions, actions or divergence of the subject of powers of authority or other violation of the rights, freedoms and interests of subjects of the public relations or requirements about reclamation of the property withdrawn based on the solution of subject of powers of authority are considered by administrative court if they are declared in one production with the requirement to solve public dispute. Otherwise such requirements decide courts according to the procedure of civil or economic legal proceedings.
6. Consolidation in one production of several requirements which should be considered according to the procedure of different legal proceedings is not allowed if another is not established by the law.
1. Local administrative courts (local general courts as administrative courts and district administrative courts) solve administrative cases as Trial Courts, except the cases determined by parts two - the fourth this Article.
2. To Appeal administrative court in the appeal district which includes the city of Kiev as to Trial Court administrative cases are jurisdictional:
1) concerning appeal of decisions, actions or failure to act of Central Election Commission (except determined by part four of this Article), actions of presidential candidates of Ukraine, their authorized representatives;
2) about prohibition of political party, stipulated in Article 289-3 of this Code.
3. To Appeal administrative courts as Trial Courts cases on claims for compulsory acquisition based on social necessity of the parcel of land, other real estate units placed on it are jurisdictional.
To Appeal administrative courts as Trial Courts cases on claims for compulsory acquisition based on social necessity of the parcel of land, other real estate units placed on it and also disputes with participation of subjects of powers of authority concerning carrying out efficiency analysis of implementation of public-private partnership and the disputes arising in connection with carrying out and/or determination of results of tender by determination of the private partner and concessionary tender are jurisdictional.
4. To the Supreme Court as Trial Court cases on establishment by Central Election Commission of election results or All-Ukrainian referendum, case on the claim for early termination of powers of the People's Deputy of Ukraine, and also case on appeal of acts, actions or divergence of the Verkhovna Rada of Ukraine, the President of Ukraine, the Supreme council of justice, the Highest qualification commission of judges of Ukraine, decisions, actions or failure to act of bodies which choose are jurisdictional (appoint), exempt high councilors of justice, concerning election (appointment) to positions of high councilors of justice, their dismissal from such positions, failure to act of the Cabinet of Ministers of Ukraine concerning not entering into the Verkhovna Rada of Ukraine of the bill into execution (realization) of the solution of the Ukrainian people of support of question of nation-wide value on All-Ukrainian referendum on popular initiative.
5. The supreme anti-corruption court solves administrative cases concerning application of the sanction, stipulated in Item 1-1 part one of article 4 of the Law of Ukraine "About sanctions" as Trial Court.
1. Appeal administrative courts review judgments of local administrative courts (local general courts as administrative courts and district administrative courts) which are in limits of their territorial jurisdiction, in appeal procedure as Appeal Courts.
2. In the cases determined by this Code, the Supreme Court reviews in appeal procedure as Appeal Court judgments of Appeal administrative court.
3. In the cases determined by this Code, the Big Chamber of the Supreme Court reviews in appeal procedure as Appeal Court judgments on the cases considered by the Supreme Court as Trial Court.
4. The appeal chamber of the Supreme anti-corruption court reviews judgments of the Supreme anti-corruption court in appeal procedure as Appeal Court.
1. The Supreme Court reviews judgments of local and Appeal administrative courts in cassation procedure as court of cassation instance.
1. Administrative cases concerning appeal of individual acts, and also actions or divergence of subjects of powers of authority which are accepted (are made, allowed) rather specific physical person or legal entity (their associations), are solved at the choice of the claimant administrative court at the place of residence registered in the procedure established by the law (stay, stays) this plaintiff person, or administrative court on the location of the defendant, except the cases determined by this Code.
If such person does not take the place of residence (stay) in Ukraine, then case solves administrative court on the location of the defendant.
2. In case of uncertainty this Code of territorial cognizance of administrative case such case is considered by administrative court at the choice of the claimant.
1. Claims to physical person are made in court in the place of his residence or stay registered in the procedure established by the law if other is not provided by this Code.
2. Claims to legal entities are made in court on their location according to the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming if other is not provided by this Code.
1. Administrative cases concerning appeal of regulatory legal acts of the Cabinet of Ministers of Ukraine, the ministry or other central executive body, the National Bank of Ukraine or other subject of powers of authority which powers extend to all territory of Ukraine, except the cases determined by this Code, administrative cases concerning appeal of decisions of the Antimonopoly Committee of Ukraine by consideration of claims about violation of the law in the field of public purchases and decisions in the field of government assistance to subjects of managing, administrative cases in the claim of the Antimonopoly Committee of Ukraine in the field of government assistance to subjects of managing, administrative cases in which defendant is the diplomatic representation or consular establishment of Ukraine, their official or the official, and also administrative cases about appeal of acts, actions or failure to act of body which performs disciplinary production concerning prosecutors, and about cancellation of the registration certificate of political party, decide district administrative court which territorial jurisdiction extends to the city of Kiev.
2. Administrative cases concerning appeal of decisions of subjects of the powers of authority made at checkpoints of entrance (departure) on temporarily occupied territory, their actions or failure to act are solved administrative court on the location of the respective checkpoint.
3. Cognizance of separate categories of administrative cases is determined by this Code.
1. Jurisdiction of the case in which one of the parties is the court or the judge of court to which cognizance this case by general rules is carried is determined by the court order of the highest authority decided without notice of the parties.
2. Cognizance of cases in which one of the parties is the Supreme Court or the judge of this court is determined by general rules of cognizance.
1. The court submits administrative case of other administrative court if:
1) prior to substantive prosecution the petition of the defendant registered in the procedure established by the law which residence (stay) was not known earlier for case referral in the place of his residence (stay) is satisfied;
2) when opening proceeedings the court will determine that case belongs to territorial jurisdiction (cognizance) of other court;
3) after opening of proceeedings the court will determine that case belongs to territorial jurisdiction (cognizance) of other court;
4) after satisfaction of branches (rejections) or in other cases it is impossible to form new structure of court for consideration of the case;
5) it is liquidated or on the bases determined by the law work of administrative court which considered case is stopped;
6) one of party litigants is the court in which case, or the judge of this court is considered;
7) case is subject to consideration as exemplary according to the procedure, determined by article 290 of this Code.
2. The court submits administrative case to other administrative court which is brought most territorially closer to this court, in the case determined by items 4 and 6 parts one of this Article.
3. In case of liquidation or termination of work of administrative court of case which were in its production are instantly brought to trial, determined by the relevant law or the decision on termination of work of administrative court and if such court is not determined - in court which is brought most territorially closer to court which is liquidated or work of which is stopped.
4. In the case determined by Item 7 parts one of this Article, the case is submitted to the Supreme Court.
5. The question of transfer of administrative case, except the cases determined by items 4 - 6 parts one of this Article, is considered by court according to the procedure of written production or at the initiative of court, in judicial session. Absence in judicial session of persons who were properly notified does not interfere with consideration of this question.
6. The question of transfer of administrative case, except the case determined by items 4 - 6 parts one of this Article, court solves the resolution. Determination about transfer of administrative case from one administrative court in another can be appealed.
7. Transfer of cases on cognizance in the cases determined by items 4 - 6 parts one of this Article, is performed according to the order of the chairman of justices.
8. Transfer of administrative case from one court in another based on the relevant resolution which is subject to appeal is performed no later than the next day after the expiration on appeal of such determination, and in case of submission of the petition for appeal - after its leaving without satisfaction.
9. Transfer of administrative case from one court in another in other cases is performed no later than the next day after the edition of the corresponding order of the chairman of justices or pronouncement of the relevant resolution which is not subject to appeal.
10. Case referral on the decision of the Supreme Court as model case is performed according to requirements of article 290 of this Code.
1. Disputes between administrative courts on cognizance are not allowed.
2. The administrative case submitted from one administrative court to another according to the procedure, stipulated in Clause the 29th of this Code shall be accepted to production by administrative court to which it is sent.
3. The case accepted by administrative court to the production with observance of rules of cognizance shall them be considered also in that case when in proceedings on the reference it became cognizable to other administrative court.
1. Determination of the judge, and in case of joint consideration - judges-speakers for consideration of specific case is performed by Single judicial information and telecommunication system during document registration, specified in part two of article 18 of this Code, and also in other cases of determination of structure of court at any stage of legal procedure, taking into account specialization and uniform loading for each judge, by the principle of accident and on first come put.
2. Case which consideration according to this Code is performed by board of judges without fail is considered by permanent board of judges of the relevant court which part the judge-speaker determined by Single judicial information and telecommunication system is.
3. The staff of permanent boards of judges is determined by meeting of judges of the relevant court.
4. About two judges who are elected by meeting of judges of Cassation administrative court, from structure of each of trial chambers of Cassation administrative court and the chairman of Cassation administrative court are part of the joint chamber.
5. If case be considered by board as a part of more than three judges, judges from structure of permanent board of judges which part the judge-speaker determined by Single judicial information and telecommunication system, judges who are in addition determined by Single judicial information and telecommunication system is are part of board.
6. If case in the Supreme Court be considered jointly as a part of the relevant chamber - the judge-speaker determined by Single judicial information and telecommunication system in case of initial distribution of cases is presiding over meetings of chamber.
7. If case be considered by the judge solely, but this Code provides possibility of joint consideration of such case and on it the relevant decision is made, such case is considered in Trial Court - board of judges which structure joins the judge determined by Single judicial information and telecommunication system in case of the automated distribution of cases and two judges who are in addition determined by Single judicial information and telecommunication system after decision making about joint consideration of the case.
8. In the case provided by part seven of this Article, the judge-speaker and the chief judge in board is the judge determined by Single judicial information and telecommunication system in case of the automated distribution of cases.
9. Unresolved legal cases according to the motivated order of the chief of staff of court attached to case papers are transferred for the repeated automated distribution of cases only in case the judge (if case is considered solely) or the judge-speaker from structure of board of judges (if case is considered jointly) in the cases determined by the law cannot continue consideration of the case more than fourteen days that can prevent consideration of the case in the terms established by this Code.
10. For each permanent board of judges of meeting of judges of the relevant court determine reserve judges for a period of one year.
If from structure of board of judges the judge who is not judge-speaker in such case that can prevent consideration of the case in the terms established by this Code cannot continue consideration of the case, replacement of the judge at the initiative of the judge-speaker according to the motivated order of the chief of staff of court is performed by Single judicial information and telecommunication system from among reserve judges.
11. If to replace the judge who was disposed from number of reserve judges it is impossible, its replacement is performed by Single judicial information and telecommunication system according to the procedure, determined by part one of this Article.
The judge determined on replacement of the disposed judge considers as a part of board of judges all unsolved cases which are considered by such board of judges and which due to the lack of the disposed judge cannot be considered in the terms established by this Code.
12. The single judicial information and telecommunication system is not applied to determination of the judge (structure of board of judges if case is considered jointly) for consideration of specific case only in case of approach of circumstances which objectively made impossible its functioning and more than five working days proceed.
13. Case which consideration is begun by one judge or board of judges shall be considered by the same judge or board of judges, except as specified, excluding participation of the judge in consideration of the case, and other cases determined by this Code.
14. In case of change of structure of court at stage of preparatory production consideration of the case is started anew, except as specified, provided by this Code.
In case of change of structure of court at stage of substantive prosecution the court repeatedly begins substantive prosecution, except case when the court makes the decision on repeated carrying out preparatory production.
15. Consideration of the application about review of the judgment on newly discovered facts is performed by the same structure of court which made the decision which is reviewed if case was considered by the judge solely or as a part of board of judges. If such structure of court cannot be created, the judge or board of judges for consideration of the application about review of the judgment is determined by newly discovered facts according to the procedure, established by part one of this Article.
Consideration of the application about review of the judgment on newly discovered facts is performed by the chamber combined by chamber or Big Chamber if the decision which is reviewed is accepted respectively the chamber combined by chamber or Big Chamber.
16. Results of the automated distribution (repeated distribution) of case are drawn up by the protocol.
17. The protocol shall contain the following data:
1) date, time of the beginning and the end of the automated distribution;
2) number of legal case, category and coefficient of its complexity, name (name) of participants of case;
3) information about determination of the list of judges for participation (the bases on which judges do not take part) in the automated distribution; information on determination of the judge, judge-speaker;
4) the bases of implementation of the automated distribution (the repeated automated distribution);
5) surname, initials and position of the authorized person of the office of the court responsible for implementation of the automated distribution of legal cases.
18. The copy of such protocol in electronic or paper form is signed by authorized persons of the office of court and issued (goes) to the interested person not later than the next day after giving to court of the corresponding statement.
19. Features of distribution of legal cases are established by Regulations on Single judicial information and telecommunication system and/or provisions which determine procedure for functioning of its separate subsystems (modules).
1. All administrative cases in Trial Court, except the cases established by this Code are considered and permitted by the judge solely.
1. Administrative cases, appeal subject in which are decisions, actions or divergence of the Cabinet of Ministers of Ukraine, except the case established by Article part four 22 of this Code, the National Bank of Ukraine, district electoral commission (the district commission on referendum) are considered and solved in administrative court of the first instance board as a part of three judges.
2. Put any case relating to court jurisdiction of the first instance depending on category and complexity, it can be considered jointly as a part of three judges, except cases which are considered according to the procedure of the simplified claim production. The issue of purpose of joint consideration is resolved before the end of preparatory meeting on case (prior to consideration of the case if the preparatory meeting is not held) the judge considering case, on own initiative or according to the petition of the participant of case about what the corresponding determination is taken out.
3. Review of judgments on administrative cases in appeal procedure is performed by board as a part of three judges.
4. Review of judgments on administrative cases in cassation procedure is performed by board as a part of three or bigger odd number of judges.
5. Administrative cases, cognizable to Appeal administrative courts as Trial Courts, are considered and solved board as a part of three judges.
6. Administrative cases, cognizable to the Supreme Court as Trial Court, are considered and solved board as a part of at least three judges.
7. Review of judgments on newly discovered facts is performed by court in the same quantitative structure in which these decisions were made (solely or jointly).
8. Irrespective of in what structure case was considered, review of judgments on exceptional circumstances on the bases determined by Items 1, 2 parts five of article 361 of this Code is performed by board as a part of three or bigger odd number of judges, and on the bases determined by Item 3 parts five of article 361 of this Code - Big Chamber of the Supreme Court.
9. In the cases determined by this Code review of judgments by court of cassation instance is performed by the trial chamber of Cassation administrative court (chamber) combined by chamber of Cassation administrative court (the joint chamber) or Big Chamber of the Supreme Court (Big Chamber).
10. The meeting of chamber in court of cassation instance is considered competent on condition of presence of more than a half of its structure on it.
11. The meeting of the joint chamber, Big Chamber is considered competent if at it there are at least than two thirds of its structure.
12. The issue of consideration of the case by board as a part of more than three judges is resolved, considering category and complexity put, the board of judges determined according to the procedure, established by part two of Article of 31 of this Code, prior to consideration of the case about what the corresponding determination is taken out.
1. All questions arising during joint consideration of administrative case are solved by a majority vote judges.
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