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INFORMATION LETTER OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of July 11, 2013 No. 959/12/13-13

Due to the origin in court practice of questions concerning determination of jurisdiction in rem of cases on appeal by claimants of actions of territorial authorities of the Public treasurer service of Ukraine (Treasuries of Ukraine) concerning accomplishment of the judgments made by local general courts as administrative courts, the Supreme administrative court of Ukraine pays attention to it.

The item 4 of part one of article 18 of the Code of administrative legal proceedings of Ukraine provides that all administrative cases concerning disputes of physical persons with 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 are jurisdictional to local general courts as administrative courts.

For increase in efficiency of administrative legal proceedings, refining and enhancement of procedures and separate aspects of consideration of administrative cases, is more better than introduction and operational administrative legal proceedings the Law of Ukraine of November 17, 2011 No. 4054-VI "About modification of some legal acts of Ukraine concerning enhancement of separate provisions of administrative legal proceedings" the jurisdiction in rem of local general courts as administrative courts is expanded. Administrative cases concerning decisions, actions or divergence of the state contractor or other official of the public executive service concerning accomplishment of solutions of these courts by them, including on the cases determined by item 4 of part one of article 18 of the Code of administrative legal proceedings of Ukraine are referred to their cognizance.

By these legislative changes it is determined that judicial control over the implementation of judgments on administrative cases is exercised by that court to which jurisdiction in rem trial of administrative case is referred.

The law of Ukraine "About enforcement proceeding", except bodies of the public executive service, determines other bodies to which powers accomplishment of decisions of the courts is referred. In particular, the part two of article 3 of the Law of Ukraine "About enforcement proceeding" provides that decisions on money recovery from state and local budgets or budgetary institutions are carried out by bodies of the State Treasury of Ukraine in the procedure established by the Cabinet of Ministers of Ukraine.

Considering stated, cases on occasion of appeal by claimants of actions of the territorial authorities of the Public treasurer service of Ukraine made during execution of the judgments made by local general administrative courts are in detail jurisdictional to these courts.

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

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