Administrative Proceedings
The necessity to create administrative courts in Ukraine is due to the need to develop a ramified containment and counterbalance mechanism preventing the usurping of state power and its concentration in any one of its three branches.
The goal of administrative proceedings is to protect the rights, freedoms and interests of individuals, rights and interests of legal entities in the field of public relations from violations by the state authorities, bodies of local self-government, their officials and employees, and other entities when fulfilling their authorized administrative functions under the law, including delegated powers.
The procedure for and the form of exercise of civil rights are determined by special laws which are rules of substantive law in administrative proceedings. These special laws establish not only the procedure for exercise by citizens of their constitutional rights, but determine the standard of behavior of the authorities, whose violation may entail violation of civil rights and be the subject of a court dispute.
Any decisions, actions or omissions on the part of the authorities may be appealed in administrative courts, unless the Constitution or the laws of Ukraine establish different legal procedure for such decisions, actions or omissions. Authority should be understood as state authority, a body of local self-government, their officials and employees, and other entities when fulfilling authorized administrative functions under the law, including delegated powers.
A person, who believes that his/her rights and legitimate interests in the field of public relations have been violated, has the right to file a claim with an administrative court.
The system of administrative courts consists of local (district) administrative courts, appellate administrative courts and the High Administrative Court of Ukraine. Therefore, unlike other courts of general jurisdiction, the system of administrative courts has a specific nature. Whereas local courts of general jurisdiction are established at the level of administrative-territorial units, the Administrative Procedure Code of Ukraine (hereinafter — the CAPU) has introduced a two-level system of local administrative courts which is the most optimal as regards accessibility of justice in administrative cases.
Any decisions, actions or omissions on the part of the authorities may be appealed in administrative courts, unless the Constitution or the laws of Ukraine establish different legal procedure for such decisions, actions or omissions.
Local general courts have, as administrative courts, jurisdiction over:
1) Administrative cases in which one of the parties is a body of local self-government or an official of it, an official or an employee of a body of local self-government, except those within the jurisdiction of district administrative courts;
2) All administrative cases related to decisions, actions or omissions of the authorities in cases concerning imposition of administrative sanctions;
3) All administrative cases in disputes between individuals and authorities as regards calculation, awarding, re-calculation, effectuation, provision and receipt of pension payments, social payments to disabled citizens, obligatory state social insurance payments and similar social payments, additional payments, social services, support, protection, benefits.
District administrative courts have jurisdiction over administrative cases in which one of the parties is a state authority, another state agency, a state body of the Autonomous Republic of Crimea, their officials or employees, except for cases related to their decisions, actions or omissions in cases regarding administrative offences and cases under the jurisdiction of local general courts as administrative courts.
The High Administrative Court of Ukraine has, as a court of first instance, jurisdiction over cases regarding determination of the results of elections or the All-Ukrainian referendum by the Central Electoral Commission, and cancellation of the registration of a candidate in the presidential election.
One can refer to an administrative court for protection of rights, freedoms and interests in public relations by filing an administrative claim.
An administrative claim is filed with the administrative court as a written statement of claim. At the request of the plaintiff an employee of the administrative court may assist in drawing up the claim.
Administrative proceedings provide for a preliminary sitting during which the possibility of pre-trial settlement of the dispute is ascertained. Provided that all the parties are present at the preliminary sitting, the trial may be initiated on the same day by the written consent of the parties.
The essential peculiarity of administrative proceedings is the court’s obligation to take lawful measures necessary to establish all circumstances in the case, including revealing and calling evidence at its own initiative, not limited to the evidence furnished by the parties.
The CAPU provides for consideration of the case in written proceedings. This type of proceedings applies to consideration of cases in appellate and cassation courts. At the same time, written proceedings may be applied to consideration of a case in a court of first instance, provided that all parties to such a case have filed motions to consider the case in their absence. In such an event the court sitting is held based on the materials available to the court.
The parties to the case as well as persons not taking part in the case have, if the court has decided the matter concerning their rights and obligations, the right to appeal against decisions of the administrative court in appellate and cassation proceedings in cases and according to the procedure as established by the CAPU.
Any court ruling that has not taken legal effect may be appealed against in appellate proceedings. An exception is made only for some rulings of the administrative court in electoral disputes and disputes connected with referendums. Furthermore, apart from a ruling by a court of first instance, resolutions adopted by courts of first instance may be appealed in cases stipulated by the CAPU.
First of all, the application for an appeal against the decision of the first instance court should be filed. An appeal must contain arguments in support of the appeal and the demands for the appellate court. An appeal must also state the wish of a person to take part in the court sitting.
Unlike appellate proceedings, cassation proceedings establish not an obligation, but the right of the parties to the case, the decision in which is being challenged, to file a motion to consider the case with their participation.
In the event of absence of such an application, a person is deemed not wishing to take part in the sitting of the cassation court, which enables the cassation court to consider the case in writing.
The cassation court cannot study the evidence, establish the circumstances that have not been established in the court decision and recognize them as proved, and decide whether the evidence is credible. Considering the judgments of the courts of first and appellate instances within the scope of the cassation appeal, the cassation court may establish violations of rules of substantive or procedural law not referred to in the cassation appeal.
The kind of cassation proceedings is proceedings under exceptional circumstances. The Supreme Court of Ukraine is empowered to consider cases under exceptional circumstances. The grounds for such proceedings are:
1. Different application of the same rule of law by the cassation court (courts);
2. Recognition of court decisions as violating international obligations of Ukraine by an international judicial institution whose jurisdiction is recognized y Ukraine.
Institution of proceedings under exceptional circumstances is possible after the court, within 15 days from the day of receipt of the appeal, passes the resolution to admit such appeal to consideration. This resolution decides whether to call the materials from the relevant court and, if necessary, to renew the term for appeal under exceptional circumstances.
On the basis of the results of the proceedings in exceptional circumstances the Supreme Court of Ukraine passes the ruling to uphold the appeal in full or in part, or to dismiss the appeal.
The ruling of the Supreme Court of Ukraine is final and is not subject to appeal.