C A C U A TO R S   
   (The law lost its validity on the basis of the Code)   
 N 1618-IV (   1618-15  )  from 18.03.2004, VCE, 2004, N 40-41, 42,   
 (see para. 492)   
   For amendments to Articles 235, 236 and Chapter 31-A   
 Civil Procedure Code of Ukraine   
   (Information of the Verkhovna Rada of Ukraine (VR), 1995, N 42, st.  301)   
   (Entered by the Resolution of VR)   
 N   404 /95-VR  31.10.95, BBB, 1995, N 42, st.  302)   
  
 Verkhovna Rada of Ukraine   Oh, I am. :   
 Contribute to the Civil Procedure Code of Ukraine   
(   1502-06  )  Such changes:   
 1. In Article 235:   
 part of the first and second teaches in such an editorial:   
 " The Court found in the examination of a civilian case of violation   
legality by individuals or citizens or citizens or   
violation of the established order of complaints, statements, appeals   
state, public authorities, local authorities   
self-government, the associations of citizens, institutions, organizations,   
enterprises and their associations, other legal entities, or   
other substantial flaws in their activities, ruling a separate adoption and   
sends it to this or the relevant services to the authorities,   
institutions, higher-level organizations with respect to those   
There is a violation of legal violation, or labor groups.  Service person, state or public body, organ   
local government, the union of citizens, the enterprise,   
institution, organization, other legal entity, labor collective   
are required to take action on the execution of the individual.   
to inform the court in the monthly row ";   
 complementing the article as part of the fourth such content: " Leave the appropriate service person without considering the individual   
death of the court or of the imposition of the removal of the necessary arrangements therein   
violations of the law, as well as an untimely response to a separate   
Take responsibility according to Article 185-6 of the Code   
Ukraine on Administrative Enforcement " (PDF)   80731-10  ).   
 2. Paragraph 3 of Article 236 shall be taught in such an editorial:   
 " (3) on complaints of citizens to decide, action or inactivity   
government bodies, legal or service persons in the field   
"Management Activities".   
 3. Chapter 31-A to read:   
 " G L in a 31-A   
 COMPLAINTS OF CITIZENS TO DECIDE, ACTION OR INACTIVITY   
 GOVERNMENT BODIES, LEGAL OR OFFICIAL   
 IN THE FIELD OF MANAGEMENT   
  Article 248-1.  Right to address a complaint to the court   
 A citizen has the right to appeal to a court (a serviceman)   
to the military court) with a complaint, if it believes that the decision, the action   
or inactivity of a state body, legal or official entity   
during the exercise of the managerial functions, they have been entrusted to his   
or freedom.  Complaint to court may be given to a citizen, his   
a representative or at the request of a citizen-authorized   
a public organization, a labor collective.  To the subjects listed in the first article of this article,   
a decision, actions or inactivity of which can be appealed to the court   
(subject to appeal) belonging to: state executive bodies   
and their employees; the authorities of local government and their   
service persons; leaders of institutions, organizations, businesses and their   
merged independently of the form of property; governing bodies and executives   
a union of citizens, as well as staff members who perform   
Organizational, administrative and administrative duties   
or perform the following duties under special authority.   
  Article 248-2.  Subject of prosecution   
 To the decisions, actions or inactivity of the subject of appeal   
include collegiate and single-person solutions, actions or inactivity,   
in relation to which a citizen believes that: violated or violated its law or freedom; created or created by the reins to implement its   
the constitutional rights or freedoms or that are in the right to implement the   
Its rights are insufficient; it has responsibilities not foreseen by legislation.   
or provided by legislation, but without regard to specific   
circumstances under which these duties must be relied upon, or that they   
are not authorized to this person or body; he is prosecuted, which is not envisaged.   
By law, or has been leaved under the absence of   
by the law of the subject or non-legal officer   
Or organ.  Subjects of appeal are responsible for non-execution   
only those duties that were put on them by legislative or   
Other regulations.   
  Article 248-3.  Complaints about decisions and actions that are not subject   
 Courts   
 The courts are not subject to complaints: on the acts of the legislative and executive power,   
subject to their constitutionality; on acts relating to the defence of the power of the State,   
of State Security, Foreign and Political Activities of the State,   
conservation of public, military and official secrecy; on acts and actions of the civil servants of the knowledge bodies, the previous   
investigation, prosecutors, court, if the legislation is set by another   
order of appeal; on acts and actions of the associations of citizens, which according to the law,   
The statutes belong to their intraorganizational activities   
or their exclusive competence.   
  Article 248-4.  Filing a complaint   
 A complaint may be submitted directly to the court or to the court   
after appealing to an organ, a higher-level official   
To that body, the official person who made the decision   
whether or not the action was made or allowed to be inactivity.  The complaint is given by the whereabouts of the subject of appeal.  Filing a complaint to the court stops the execution of a contested act.   
The court ' s filing says the state body, legal or   
The office is not later the next day after her acceptance.   
  Article 248-5.  Rows to address a complaint   
 A complaint can be filed in court: a two-month term calculated from the day when a citizen   
learned or should have learned about the violation of his rights or   
(a) Freedom of speech   
Denial of the satisfaction of complaints by the body,   
the highest level in relation to that body, the official person,   
Which decided whether or not the action was made or made   
no activity, or from the day end of the lunar line after submission   
complaints if a citizen was not received written   
the answers.  Rows skipped for filing a complaint can be renewed   
a court case, if it is set to be missed for the most important reasons.   
  Article 248-6.  Proceedings of the complaint   
 The complaint is considered in a ten-day row in the open   
trial with the participation of the applicant (citizen who submitted   
of the complaint) and the official, representative of the state body or   
a legal entity, decision, actions or inactivity of which are challenged.  If a applicant or a serviceman cannot appear before the court.   
important reasons, the case can be dealt with with the participation of their   
Representatives.  Failure to appear in a joint meeting of unimportant causes of persons,   
mentioned in part one of this article, or their representatives are not   
obstacles to the complaint, however the court may recognize their appearance   
Mandatory.  The courts may participate in the trial   
Public organizations and labour groups.  Failure of the public organization or labour force   
The collective from the complaints filed by them at the request of the applicant is not   
The basis for closing the failure in the case, if the applicant requires   
The complaint is essentially the case.  If the court establishes that a person, a decision or action   
are challenged, does not work in the previous position, it involved   
to participate in the case of the service person, to the competence of   
The question of eliminating the violation of the rights and freedoms of the applicant.  If the complaint is considered, the state body   
or the legal entity, whose decisions or actions are challenged, have ceased   
its activities, the court involved participation in their   
The offenders, and in their absence, the authority, to the competence   
which is the solution to the question of eliminating violations of rights and   
the freedoms of the applicant.  Court, setting complaints of complaints about   
the right that is considered in the order of action, leaving   
a complaint without consideration and gives the applicant his right to   
In the case of a lawsuit on the general basis.   
  Article 248-7.  Court decision on complaint   
 According to the results of the complaint, the court ruling.  In setting the obgrubility of complaints, the court acknowledges   
Contested decisions, actions or inactivity   
commits the state body, legal or serviceman   
meet the applicant ' s request and eliminate the infringement, cancel   
Whether or not to apply for him.   
the responsibility or the other by renewing its broken rights or   
Freedom.  If contested decisions, the action was committed according to   
law, within the authority of the state body, legal or   
The service person and the rights or freedoms of the applicant were not violated, by the court   
Decides to be rejected in the pleasure of the complaint.  When satisfied with complaints, the court may allow immediate execution   
the solution.  The court ' s decision on the case can be appealed.   
  Article 248-8.  Distribution of expenses related to complaints   
 Expenses related to complaints, including and expenses   
to provide legal assistance, as well as expenses related to   
trains, rely on the court for the applicant if it has been stated   
the decision to failure in the pleasure of his complaint, or at the state   
a body, legal or service person, if a decision was made   
Oh, I don't know.   
  Article 248-9.  Judgement of the Court   
 The court ' s decision on the complaint is sent not later than ten days   
After the end of the rule of law,   
legal or service person for execution, as well as the applicant.  Concerning the decision of the state body, legal or service   
person tells the court and the applicant is not later than in the lunar row from   
The Court decision.   
  Article 248-10.  Responsibility for failing to comply with the court decision   
 In case of failure to comply with the case of the State Body,   
a legal or service entity in the sentence of strings guilty of this   
In accordance with article 417 of this Code.  Intentional failure to carry out the court's decision or   
obstacles to his execution of dragging the criminal charges against him   
in accordance with Article 176-4 of the Criminal Code   
Ukraine (   2002-05  ) ".   
  
 President of Ukraine   
 Um ...  Kyiv, 31 October 1995   
N 403 /95-VR