of August 27, 2012 No. 1909/12/13-12
To chairmen of Appeal administrative courts
Due to the origin in court practice of problematic issues concerning calculation of procedural terms, in particular terms of opening of production in administrative case, considers stipulated in Clause 107 Codes of administrative legal proceedings of Ukraine, the Supreme administrative court of Ukraine necessary to pay attention to it.
In understanding of the Code of administrative legal proceedings of Ukraine (further - KAS of Ukraine) procedural terms are the terms of making of legal proceedings established by the law or court.
Term for the solution of question of opening of production in administrative case is stipulated in Clause 107 KAC Ukraine according to which part four the judge solves the specified question within three days from the date of receipt of the action for declaration in administrative court or the terminations of the term established for remedial action of the action for declaration, in case of leaving of the action for declaration without movement and not later than next day from the date of obtaining by court according to the procedure, provided by part three of this Article, information on the place of residence (stay) of physical person.
General rules of calculation of procedural terms are determined by article 103 KAS of Ukraine.
The term provided by part four of article 107 KAS of Ukraine for the solution of question of opening of proceeedings is procedural term, therefore, is calculated according to the procedure, stipulated in Clause 103 these Codes.
So, according to part one of article 103 KAS of Ukraine the course of procedural term begins from the next day after the corresponding calendar date or approach of event with which its beginning is connected.
According to part five of this Article this day is considered last afternoon of term which comes to an end with specifying for certain day.
From the analysis of the given regulations sees that the current of time in which the court shall resolve issue of opening of production on administrative case begins from the next day after day of receipt of the action for declaration in court or day in which term for remedial action of the action for declaration comes to an end, and comes to the end for the third day of day of the beginning of current of this term.
In case of the appeal of court according to part three of article 107 KAS of Ukraine in body of registration of the place of stay and the place of residence of person behind provision of information on the registered place of residence of the physical person - the defendant in case which has no status of the entrepreneur last afternoon of term for the solution of question of opening of production on administrative case there will be the next day after day of receipt of information on the place of residence (stay) of physical person.
According to part six of article 103 KAS of Ukraine in cases if the termination of term falls on output, festive or other non-working day, the first is after it the working day last afternoon of term.
Except the specified rule, it is also necessary to take into account that according to instructions of Article 67 of the Labor code of Ukraine in case festive or non-working day (article 73 of this Code) matches with the day off, the day off is transferred on following after festive or non-working. In that case last afternoon of term for the solution of question of opening of proceeedings there will be day which is the following for such postponed in the day off.
For example, in case of submission to court of the action for declaration on January 6, 2012 last afternoon of term for the solution of question of opening of proceeedings is on January 10, 2012 (holiday (Christmas) matches on January 7, 2012 with day off dnemsubboty which is postponed to Monday January 9, 2012); in case of submission of the action for declaration on August 23, 2012 last afternoon of term for the solution of question of opening of proceeedings is on August 27, 2012 (on August 24, 2012 - holiday (Independence Day of Ukraine), 25, on August 26 - the days off).
Please note that on the cases connected with the electoral process or process of referendum, the rule of parts two - the tenth article 103 KAS of Ukraine do not extend to calculation of terms. Features of calculation of the terms established by Articles 172 - 177 KAC Ukraine, are determined by article 179 KAS of Ukraine.
We suggest to bring this letter to permission of judges of local and Appeal administrative courts.
Vice-chairman of court D. Lipsky
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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