RESOLUTION OF THE PLENUM OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of March 6, 2008 No. 2

About practice of application by administrative courts of separate provisions of the Code of administrative legal proceedings of Ukraine during consideration of administrative cases

Exact and steady observance of regulations of the Code of administrative legal proceedings of Ukraine by administrative courts is indispensable condition of accomplishment of tasks on ensuring the correct, fair and timely resolution of disputes for the purpose of protection of the rights, freedoms and interests of physical persons and the rights and interests of legal entities in the field of the public relations. At the same time studying of court practice of consideration of administrative cases demonstrates that some courts make mistakes in application of provisions of the Code of administrative legal proceedings of Ukraine.

For the purpose of ensuring identical and correct application and explanation of separate provisions of the Code of administrative legal proceedings of Ukraine the Plenum of the Supreme administrative court of Ukraine DECIDED:

1. Draw the attention of courts that administrative legal proceedings are performed according to the Constitution of Ukraine the Code of administrative legal proceedings of Ukraine (further - CASH DESKS of Ukraine) and international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

According to part one of Article of 2 CASH DESKS of Ukraine the main objective of administrative legal proceedings is protection of the rights, freedoms and interests of physical persons, the rights and interests of legal entities in the field of the public relations from violations from public authorities, local government bodies, their official and officials, other subjects when implementing of managerial functions by them based on the legislation, including on accomplishment of the delegated powers.

With respect thereto courts need to consider that in cases concerning appeal of decisions, actions or divergence of subjects of powers of authority it is necessary to check whether are accepted they (are made):

1) on the basis, in limits of powers and in method, provided by the Constitution and the laws of Ukraine;

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

3) reasonably, i.e. taking into account all circumstances which matter for decision making (action making);

4) without prejudice (without prejudice);

5) honesty;

6) judiciously;

7) with respect for the principle of equality before the law, preventing unfair 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 the personality to participation in decision making process;

10) timely, i.e. during reasonable time.

Considering the specified regulation during consideration of disputes on appeal of decisions, actions or divergence of subjects of powers of authority courts irrespective of the bases given in the action for declaration shall check their compliance to all specified requirements.

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