29 May 2008, 09:59
The Bill (Reg. No. 2016) proposes to amend Articles 18, 19, 117 and 171 of the Code on Administrative Legal Proceedings (CALP) regarding subject-matter jurisdiction and venue of administrative cases, ensuing of administrative suit, as well as peculiar features of appeals of the decisions of the High Administrative Court of Ukraine in cases concerning the appeal of resolutions of the Verkhovna Rada of Ukraine, edicts and decrees of the President of Ukraine, resolutions and decrees of the Cabinet of Ministers.
Committee members have supported the concept of the Bill, however made a number of notices, during the discussion of the Bill.
Particularly, it was stressed that it is not clear from the content of the Bill what is the instance of the High Administrative Court of Ukraine during the consideration of administrative cases concerning the actions or negligence of the Verkhovna Rada of Ukraine, The President of Ukraine, and the Cabinet of Ministers.
According to Committee members, the Bill´s provisions concerning the ban of ensuring of administrative suit by means of termination of the acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers, expressed in proposed amendments to the Article 117 of the CALP, are not acceptable, because such a ban may in fact make impossible protection of infringed rights of plaintiff and complicate restoration of his infringed rights in case of termination of such acts.
Taking this into account, the Committee has decided to recommend that the Verkhovna Rada of Ukraine forwards the Bill for further elaboration.