29 December 2015, 12:03
At the meeting of the Committee, they noted that the purpose of the The draft law No. 2080a is 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.
The draft law envisages presenting Section 3 of Article 160 of the Code of Administrative Procedure in a new wording, according to which "in exceptional cases, depending on the complexity of the case drawing up the ruling in its entirety may be postponed for no more than five working days from the day of the completion of the trial, however, the court must declare in the same session, in which the trial ended, preamble and resolution parts of the judgment. The court ruling, which contains preamble and resolution parts, before the announcement must be signed by the entire composition of the court and attached to the case."
When considering the draft law, the Committee members pointed to the fact that according to Article 160 of the Code of Administrative Procedure of Ukraine in exceptional cases, depending on the complexity of the case, drawing up the ruling in its entirety may be postponed for no more than five working days from the day of the completion of the trial.
Section 2 of Article 167 of the Code of Administrative Procedure of Ukraine stipulates that in case of the announcement in a court session of only the preamble and resolution parts of the ruling the court specifies the time when persons participating in the case, may obtain a copy of the ruling in full. The court draws up the full text of the ruling within the time limits envisaged in Section 3 of Article 160 of the Code of Administrative Procedure of Ukraine.
Since the provisions of Section 3 of Article 160 of the Code of Administrative Procedure of Ukraine do not directly specify if business or calendar days are counted in the maximum period of drawing up the full text of the ruling, members of the Committee consider it appropriate to support the amendment proposed by the draft law and clarify that drawing up the ruling in its entirety may be postponed for no more than five business days from the day of the trial completion. Thus, the court will have enough time to produce the full text of the ruling provided complexity of the case and will not miss out days falling on holidays or weekends.