LETTER OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of November 16, 2011 No. 2091/11/13-11

Due to the origin in court practice of the questions connected with determination of the competent evidence of posylaniye by the subject of powers of authority to the defendant and the third parties of the copy of the action for declaration and the documents attached to it, based on item 4 of part one of article 32 of the Law of Ukraine "About judicial system and the status of judges" the Supreme administrative court of Ukraine considers necessary to report the following.

According to part three of article 106 of the Code of administrative legal proceedings of Ukraine the subject of powers of authority in case of submission of the administrative claim shall enclose to the action for declaration the proof of posylaniye to the defendant and the third parties of the copy of the action for declaration and the documents attached to it.

According to part one of article 70 of the Code of administrative legal proceedings of Ukraine proofs which contain information concerning proof subject are proper. The court does not take to consideration of the proof which do not concern proof subject.

By the paragraph the twenty seventh Item 2 of the Rules of provision of services of mail service approved by the resolution of the Cabinet of Ministers of Ukraine of March 5, 2009 No. 270, it is determined that the document which confirms provision of services of mail service is the settlement document of Ukraine established according to the Law "About application of registrars of settlement transactions in the field of trade, public catering and services" forms and contents (the cash register receipt, the settlement receipt and so forth).

From the analysis of the specified regulation it is seen that the settlement document issued by postal department is the proof of provision (payment) of services of mail service, however it does not give the chance to court to check content of the mailing and does not contain complete address of the receiver.

Content of the mailing contains the form of the inventory of investment which according to Item 61 of Rules of provision of services of mail service is filled in with the sender in duplicate. The worker of mail service shall check inventory investment compliance, undersign on both of its copies and put down print of calendar stamp. One copy of the inventory keeps within the mailing, the second is issued to the sender.

Considering stated and taking into account requirements of part three of article 106 of the Code of administrative legal proceedings of Ukraine the inventory of investment together with the settlement document can be the competent evidence of posylaniye the subject of powers of authority to the defendant and the third parties in the copy of the action for declaration and documents attached to it.

Besides, the written confirmation of the defendant (the receipt, stamp on obtaining, and so forth), or the third parties about receipt of the action for declaration and the documents attached to it can be any other proof.

We suggest to bring this letter to permission of judges of district and Appeal administrative courts for taking into account when implementing justice.

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