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On Amendments To The Code Of Administrative Procedure Of Ukraine On The Competence Of The Supreme Court Of Ukraine

Original Language Title: Про внесення змін до Кодексу адміністративного судочинства України щодо компетенції Верховного Суду України

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LAW OF UKRAINE

On Amendments to the Code of Administrative Procedure of Ukraine on the competence of the Supreme Court of Ukraine

(Information of the Verkhovna Rada (VR), 2014, No. 15, pp. 327)

The Verkhovna Rada of Ukraine:

I. Amend Code of Administrative Procedure of Ukraine (Information of the Verkhovna Rada of Ukraine, 2005, No. 35-37, p. 446) Such changes:

1. In Article 171 -1 :

part of the sixth is taught in such an editorial:

" 6. The decision of the Supreme Administrative Court of Ukraine concerning the appeal of acts, actions or inactivity of the Verkhovna Rada of Ukraine, the President of Ukraine, the Supreme Court of Justice is subject to review by the Supreme Court of Ukraine in the order defined by this Code ";

Add part to the seventh of the following:

" 7. Decisions of the Supreme Administrative Court of Ukraine concerning the appeal of acts, actions or inactivity of the Verkhovna Rada of Ukraine, the President of Ukraine, the Supreme Justice Council is gaining a legitimate force after the completion of the line of submission of the statement on his review by the Supreme Court Ukraine, if such a complaint was not filed.

In case of submission of a statement on the revision of the Verkhovna Rada of Ukraine the decision of the Supreme Administrative Court of Ukraine on matters stipulated by this article if it was not abolished, he was recruited by the Supreme Court after the decision of the Supreme Court of Ukraine by the decision of the Supreme Court of Ukraine. the consequences of such a review. "

2. Part of the first article 236 Set out in this edition:

" 1. The parties and other persons involved in the case have the right to submit a statement on the review of court decisions:

(1) In administrative cases after their view in the case of concern;

"(2) The Supreme Administrative Court of Ukraine on matters stipulated by Article 171-1 of this Code".

3. Part of the first article 237 Complement paragraph 3 of this content:

"(3) violation of the rules of material or procedural law, which led to the adoption of the Supreme Administrative Court of Ukraine of the illegal judicial decision on matters stipulated by Article 171-1 of this Code."

4. Article 238 after part of the second complement of the new part of this content:

" 3. A statement on the review of court decisions with the basis provided by paragraph 3 of part of the first article 237 of this Code can be submitted not later than ten days from the day of the decision of the court decision, which is claimed by the revision of the review ".

For this part, the third part is considered part of the fourth;

Part of the fourth edition:

" 4. In the event of a pass on a line that is set to the first, second, third of this article, for reasons recognized by the predominant person, the person who has filed a statement of the court decision can resume this line. A statement of the revision of the court decision remains without consideration if the person who submitted it does not violate the question of updating this line, as well as if the update is denied. The question of renewing a line to submit a statement on the revision of the court decision or the abandonment of a statement without consideration is decided by the court without the challenge of the persons involved, and the outcome of the proceedings will be decided by the decree ".

5. Part 2 of Article 239 Complement paragraph 4-1 of this content:

" 4 (1) justifying violation of the rules of material or procedural law, which led to the adoption of the Supreme Administrative Court of Ukraine of the illegal judicial decision on matters provided by Article 171-1 of this Code, if the statement was filed, Paragraph 3 of the part of the first article 237 of this Code ".

6. In Article 239 -1 :

the first sentence of the paragraph of the first part of the first sentence in this edition:

" 1. A statement on the revision of the court decisions is submitted to the Supreme Court of Ukraine through the Supreme Administrative Court of Ukraine, and with the basis provided by paragraph 3 of part of the first article 237 of this Code-directly to the Supreme Court of Ukraine ";

a part of the second teaching in such an editorial:

" 2. A document is attached to the payment of the court collection. For the submission and consideration of the statements on the basis set by paragraphs 2 and 3 of the part of the first article 237 of this Code, the judicial gathering is not paid. "

7. Article 239 -2 Add part to the seventh of the following:

" 7. Verification of compliance with the requirements of this Code of the statement of the judicial decision on the basis of the basis of paragraph 3 of part of the first article 237 of this Code is carried out by the Supreme Court of Ukraine in the order stipulated by this article ".

8. Article 240 complementing part of the fifth of this content:

" 5. The provisions of this article do not apply to statements on the revision of the court decisions on the basis stipulated by paragraph 3 of part of the first article 237 of this Code, which is submitted directly to the Supreme Court of Ukraine. "

9. Article 243 after part of the third complement to a new part of this content:

" 4. If the court is to establish that the judicial decision in the case, which is viewed from the subject, stipulated by paragraph 3 of part of the first article 237 of this Code, is illegal, it cancels it completely or partly and takes a new judicial decision on the essence of the lawsuit. "

II. Final and Transitional Provisions

1. This Act will take effect from the day, the following day by the day of its publication.

2. Article 38 of the Law of Ukraine "On the Judiciary and Status of Judges" (Supreme Council of Ukraine, 2010, No. 41-45, pp. 529) complement paragraph 5 of this content:

"5) exercise other powers in accordance with the law."

Acting
President of Ukraine,
Chairman of the Verkhovna Rada
Ukraine




OF THE

Um ... Kyoto
14 March 2014
No. 887-VII