RESOLUTION OF THE PLENUM OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of September 29, 2016 No. 15

About the legal conclusion of the Supreme administrative court of Ukraine concerning provision of explanation on practical application of Item 10 of the Section III of the Instruction for preparation and sending, acceptance and processing, the publication and storage of electronic copies in the Unified state register of judgments regarding implementation by the chairman of justices of control of sending electronic copies of judgments to EGRSR

Having heard the report of the vice-chairman, secretary of plenum of the Supreme administrative court of Ukraine Smokovich M. I. about the legal conclusion of the Supreme administrative court of Ukraine concerning provision of explanation on practical application of Item 10 of the Section III of the Instruction for preparation and sending, acceptance and processing, the publication and storage of electronic copies in the Unified state register of judgments regarding implementation by the chairman of justices of control of sending electronic copies of judgments to EGRSR, plenum of the Supreme administrative court of Ukraine decides:

1. Report of the vice-chairman, secretary of plenum of the Supreme administrative court of Ukraine Smokovich M. I. take into consideration.

2. The legal conclusion of the Supreme administrative court of Ukraine concerning provision of explanation on practical application of Item 10 of the Section III of the Instruction for preparation and sending, acceptance and processing, the publication and storage of electronic copies in the Unified state register of judgments regarding implementation by the chairman of justices of control of sending electronic copies of judgments to EGRSR (is applied) to inform judges of administrative courts.

The legal conclusion of the Supreme administrative court of Ukraine concerning provision of explanation on practical application of Item 10 of the Section III of the Instruction for preparation and sending, acceptance and processing, the publication and storage of electronic copies in the Unified state register of judgments regarding implementation by the chairman of justices of control of sending electronic copies of judgments to EGRSR

According to Item 6 parts one of Article 149 and part five of article 150 of the Law of Ukraine "About judicial system and the status of judges" and for the purpose of increase in efficiency of maintaining the Unified state register of judgments according to requirements of the Law of Ukraine "About access to judgments" the order of Public judicial administration of Ukraine of January 16, 2016 No. 9 approves the Instruction for preparation and sending, acceptance and processing, the publication and storage of electronic copies of judgments in the Unified state register of judgments (further - the Instruction).

According to Item 1 of the Section III of the Instruction electronic copy of the judgment (document type: "Decision", "the Separate Resolution", "Decision", "Sentence", "Resolution", "Injunction"), and also the electronic document with the Separate Opinion of the Judge type is transferred by the judge to condition "Original", makes sure the digital signature of the judge and goes to the Unified state register of judgments (further - EGRSR) according to requirements of the Instruction of the user of the automated system of document flow of court.

At the same time Item 10 of the Section III of the Instruction provides that control of transfer of electronic copies of judgments by court in EGRSR is exercised by the chairman of justices or person who is temporarily fulfilling its duties and bears the personal responsibility established by the law. Provisions of this Item are similar to content of Item 16 of the Procedure for maintaining the Unified state register of judgments (further - the Procedure) approved by the resolution of the Cabinet of Ministers of Ukraine of May 25, 2006 No. 740 in pursuance of part four of article 3 of the Law of Ukraine "About access to judgments".

At the same time the analysis of provisions of Articles 24, of 29, of 34, of 41 Law of Ukraine "About judicial system and the status of judges" (further - the Law on judicial system and the status of judges) allows to claim that they directly do not provide power of chairmen of the courts of the general jurisdiction to exercise control of judges of the relevant courts by transfer of judgments by them in EGRSR.

With respect thereto there is question of availability at the chairman of justices of the general jurisdiction of power to exercise control of judges of the relevant court when sending judgments by them in EGRSR.

For the answer to the question posed first of all it is necessary to take into account that according to the Section II of Provisions on the automated system of document flow of the court approved by the decision of Judicial council of Ukraine of April 2, 2015 No. 25, the automated system of document flow of court provides automation of engineering procedures of information processing in court, including sending originals of electronic judgments to EGRSR. That is sending originals of electronic judgments to EGRSR is element (subsystem) of functioning of the automated system of document flow of court.

In turn parts one, third article 152 of the Law on judicial system and the status of judges provide that: organizational support of work of court performs its device which is headed by the chief of staff; the chief of staff of court bears the personal responsibility for proper organizational support of court, judges and legal procedure, functioning of the automated system of document flow. It means that ensuring functioning of the automated system of document flow of court is compound functions of accomplishment on organizational support of work of court.

According to parts one, third article 124 of the Law on judicial system and the status of judges for the solution of questions of internal activity of the courts in Ukraine judicial self-government - the independent collective solution of the specified questions judges is effective; questions of organizational support of courts and activities of judges belong to questions of internal activity of the courts, in particular.

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