1 / 13

Establishment of administrative justice in Ukraine

Establishment of administrative justice in Ukraine. Supreme Court of Ukraine. High Administrative Court of Ukraine. High Commercial Court of Ukraine. Appeal Administrative Courts. Appeal Commercial Courts. General Appeal Courts of Regions, Kyiv and Sevastopol, and Crimea.

nanda
Download Presentation

Establishment of administrative justice in Ukraine

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Establishment of administrative justice in Ukraine

  2. Supreme Court of Ukraine High AdministrativeCourt of Ukraine High Commercial Court of Ukraine Appeal Administrative Courts Appeal Commercial Courts General Appeal Courts of Regions, Kyiv and Sevastopol, and Crimea Trail Administrative Courts Trial Commercial Courts General Trial Courts (District, Town, Borough, City, Town-District Courts)

  3. Supreme Court of Ukraine High AdministrativeCourt of Ukraine High Commercial Court of Ukraine Appeal Administrative Courts Appeal Commercial Courts General Appeal Courts of Regions, Kyiv and Sevastopol, and Crimea Trail Administrative Courts Trial Commercial Courts General Trial Courts (District, Town, Borough, City, Town-District Courts)

  4. Supreme Court of Ukraine High AdministrativeCourt of Ukraine High Commercial Court of Ukraine Appeal Administrative Courts Appeal Commercial Courts General Appeal Courts of Regions, Kyiv and Sevastopol, and Crimea Trail Administrative Courts Trial Commercial Courts General Trial Courts (District, Town, Borough, City, Town-District Courts)

  5. Supreme Court of Ukraine High AdministrativeCourt of Ukraine High Commercial Court of Ukraine Appeal Administrative Courts Appeal Commercial Courts General Appeal Courts of Regions, Kyiv and Sevastopol, and Crimea Trail Administrative Courts Trial Commercial Courts General Trial Courts (District, Town, Borough, City, Town-District Courts)

  6. Supreme Court of Ukraine High AdministrativeCourt of Ukraine High Commercial Court of Ukraine Appeal Administrative Courts Appeal Commercial Courts General Appeal Courts of Regions, Kyiv and Sevastopol, and Crimea Trail Administrative Courts Trial Commercial Courts General Trial Courts (District, Town, Borough, City, Town-District Courts)

  7. Supreme Court of Ukraine High AdministrativeCourt of Ukraine High Commercial Court of Ukraine Appeal Administrative Courts Appeal Commercial Courts General Appeal Courts of Regions, Kyiv and Sevastopol, and Crimea Trail Administrative Courts Trial Commercial Courts General Trial Courts (District, Town, Borough, City, Town-District Courts)

  8. Supreme Court of Ukraine High AdministrativeCourt of Ukraine Appeal Administrative Courts suits against executive authority bodiesand high-range officials Trail Administrative Courts suits against bodies of the local self-government and low-range officials General Trial Courts (District, Town, Borough, City, Town-District Courts)

  9. ADMINISTRATIVE PROCEEDING CODEofUKRAINE adopted on 6 of July 2005, took effect on 1 of September 2005 • Part I. GENERAL REGULATIONS • Part ІІ. ORGANISATION OF ADMINISTRATIVE PROCEEDING • Chapter1. Administrative jurisdiction and competence of administrative courts • Chapter2. Court Composition. Objections • Chapter3. Subpoenas and notifications • Chapter4. Fixation of administrative proceeding • Chapter5. Participants of administrative proceeding • Chapter6. Proves • Chapter7. Costs • Chapter8. Terms • Part ІІІ. PROCEEDING IN COURT OF PRIMARY JURISDICTION • Chapter1. Appeal to administrative court and beginning of the proceeding in case • Chapter2. Preparatory proceeding • Chapter3. Judicial examination of case • Chapter4. Dismissing of a suit.Stay of proceeding. Cessation of the case production • Chapter5. Court decisions • Chapter6. Peculiarities of proceeding in several categories of administrative cases • PartІV. REVIEW OF JUDGEMENTS • Chapter 1. Appellation proceeding • Chapter 2. Cassation proceeding • Chapter 3.Proceeding caused by exclusive circumstances • Chapter 4. Proceeding caused by newly revealed circumstances • Part V. PROCEEDING MATTERS CONNECTED WITH EXECUTION OF JUDICIAL DECISSIONSIN ADMINISTRATIVE CASES • Part VI. PROCEEDING ENFORCEMENT MEASURES • Part VIІ. TRANSITIONAL REGULATIONS

  10. The subject of administrative proceeding • disputes between natural persons/legal entities and the administrative body concerning its administrative acts • disputes, origins from the public service relations • disputes between administrative bodies, concerning disposal of their powers in the sphere of administration • disputes based on apply of administrative body in cases, fixed in law • disputes related to electoral process and referendum process

  11. The Administrative Proceeding Codeof Ukraine (article 7) Principles of administrative proceeding in administrative courts: 1) rule of law 2) legality 3) equity of the participants of the judicial proceeding to the law and court 4) competition of the sides in dispute, dispositiveness, official clarification the circumstances in dispute 5) publicity and openness 6) guaranteeing the possibility of the appellation and cassation 7) obligatoriness of the court’s decision

  12. Administrative acts evaluation criteria(principles of administrative procedure) Court verifies if administrative acts are issued: 1) on basis, following the limits of power and in the way set by Constitution and laws 2)  with using the power for the aim, for which this power was granted 3)   wellgrounded, that means counting all the circumstances 4)   impartially 5)   conscientiously 6)   reasonably 7)   with adhering the equity principle 8)   proportionally 9)  with taking into consideration the right of person to participate the process of adoption of the administrative act 10) in time, that means in reasonable term

More Related