Verkhovna Rada Committee on Legal Policy and Justice recommends Parliament adopt as a basis draft law "On amendments to Article 160 of Code of Administrative Procedure of Ukraine (concerning time-frame for drawing up full text of rulings)"

Information Department
05 January 2016, 15:22




The draft law on amendments to Article 160 of the Code of Administrative Procedure of Ukraine (concerning time-frame for drawing up full text of rulings) No.2080a was considered at a meeting of the Committee under the instruction of the Verkhovna Rada of Ukraine Chairperson of June 17, 2015.

The draft law was elaborated, according to the explanatory note, in order to improve the Code of Administrative Procedure of Ukraine in the part of setting the time-frame for drawing up the full texts of court rulings.

To fulfill the task the author proposes to amend Section 3 of Article 160 of the Code of Administrative Procedure of Ukraine, which defines the procedure for the approval of court rulings, their form and terms of production.

The Committee points to the expediency of making similar amendments to Section 3 of Article 209 of the Civil Procedure Code of Ukraine and Section 4 of Article 85 of the Economic Procedure Code of Ukraine to ensure the uniformity of systems of courts of general jurisdiction in accordance with provisions of Section 4 of Article 17 of the Law "On the Judicial System and Status of Judges," namely through the establishment of uniform principles of organization and functioning of courts, and bounding all courts by the rules of judiciary defined by law.

The Committee points to the fact that the Central Scientific Experts Office of the Verkhovna Rada of Ukraine Secretariat supports the adoption of this draft law as a basis in the first reading and notes that making the proposed draft amendments will help eliminate circumstances that cause involuntary violation by judges and employees of secretariats of administrative courts of requirements of Section 3 of Article 160 of the Code of Administrative Procedure of Ukraine, and will ensure conditions for the proper performance by them of their professional duties.

The Committee on Budget decided that the draft law will have no impact on the budget indicators. In case the relevant law is adopted it can enter into force on the date determined by the author of the draft law.

The Ministry of Justice of Ukraine said that the amendments proposed in the draft law are not in line with the provisions of the Code of Administrative Procedure of Ukraine, and therefore they can not be supported.