Key Benefits:
(Information of the Verkhovna Rada of Ukraine (VR), 2005, No. 35-36, No. 37, pp. 446)
{With changes under the Laws
No. 2875-IV of 08.09.2005 , VB, 2005, No. 52, pp. 562
No. 2953-IV of 06.10.2005 , VR, 2006, No. 1, pp. 16
No. 3099-IV of 17.11.2005 , VB, 2005, No. 52, pp. 566
No. 3538-IV of 15.03.2006 , VR, 2006, No. 35, pp. 295
No. 3550-IV of 16.03.2006 , VR, 2006, No. 35, pp. 297
No. 160-V of 20.09.2006 , BBR, 2006, No. 45, pp. 436
No. 424-V of 01.12.2006 , VB, 2007, No. 9, pp. 67}
{Concerning the recognition of the constitutional individual provisions. Decision Of The Constitutional Court No. 8-rp/ 2008 of 22.04.2008 }
{With changes under the Laws
No. 808-VI of 25.12.2008 , VCE 2009, No. 19, pp. 262
No. 1475-VI of 05.06.2009 , BBR, 2009, No. 45, pp. 683
No. 1545-VI of 23.06.2009 , BBR, 2009, No. 49, pp. 736
No. 1616-VI of 21.08.2009 , BBB, 2009, No. 50, pp. 754}
{Concerning the recognition of the constitutional individual provisions. Decision Of The Constitutional Court No. 26-RP/ 2009 of 19.10.2009 }
{For recognition of non-constitutional individual provisions. Decision Of The Constitutional Court No. 26-RP/ 2009 of 19.10.2009 }
{With changes under the Laws
No. 1559-VI of 17.11.2009 , VR, 2010, No. 1, pp. 2
No. 1699-VI of 04.11.2009 , VR, 2010, No. 4, pp. 35
No. 1837-VI of 21.01.2010 , BBR, 2010, No. 12, pp. 120
No. 1691-VI of 18.02.2010 , BBR, 2010, No. 19, pp. 154
No. 1876-VI of 11.02.2010 , VR, 2010, No. 18, pp. 139
No. 1901-VI of 16.02.2010 , BBB, 2010, No. 19, pp. 152}
{Official interpretations of the Code of Code. of the Constitutional Court No. 10-RP/ 2010 of 01.04.2010 }
{With changes under the Laws
No. 2181-VI of 13.05.2010 , VR, 2010, No. 26, pp. 272
No. 2289-VI of 01.06.2010 , VR, 2010, No. 33, pp. 471
No. 2453-VI of 07.07.2010 , VB, 2010, No. 41-42, No. 43, No. 44-45, pp. 529
No. 2487-VI of 10.07.2010 , BBR, 2010, No. 35-36, pp. 491}
{Further see. Decision Of The Constitutional Court No. 19-r/2010 of 09.09.2010 }
{With changes under the Laws
No. 2677-VI of 04.11.2010 , 2011, No. 19-20, pp. 142
No. 2748-VI of 02.12.2010 , VB, 2011, No. 18, pp. 124
No. 2756-VI of 02.12.2010 , BBR, 2011, No. 23, pp. 160
No. 3156-VI of 17.03.2011 , BBR, 2011, No. 39, pp. 396
No. 3266-VI of 21.04.2011 , VR, 2011, No. 43, pp. 449
No. 3422-VI of 19.05.2011 , BBR, 2011, No. 50, pp. 541}
{Concerning the recognition of the constitutional individual provisions. Decision Of The Constitutional Court No. 5-P/ 2011 of 16.06.2011 }
{With changes under the Act
No. 3568-VI of 05.07.2011 , BBR, 2012, No. 5, pp. 37
Code
No. 3393-VI of 19.05.2011 , BBR, 2011, No. 48-49, pp. 536
Laws
No. 3674-VI of 08.07.2011 , BBR, 2012, No. 14, pp. 87
No. 3719-VI of 08.09.2011 , B, 2012, No. 19-20, pp. 169
No. 3773-VI of 22.09.2011 , OB, 2012, No. 19-20, pp. 179
No. 3796-VI of 22.09.2011 , VR, 2012, No. 21, pp. 198
No. 3932-VI of 20.10.2011 , BBR, 2012, No. 22, pp. 221
No. 4054-VI of 17.11.2011 , VR, 2012, No. 27, pp. 276
No. 4061-VI of 17.11.2011 , BBB, 2012, No. 10-11, pp. 73}
{Concerning the recognition of the constitutional individual provisions. Decision Of The Constitutional Court No. 16-p/ 2011 from 08.12.2011 , No. 17-p/ 2011 of 13.12.2011 }
{Official interpretations of the Code of Code. of the Constitutional Court No. 19-rb/ 2011 of 14.12.2011 }
{With changes under the Laws
No. 4176-VI of 20.12.2011 , VB, 2012, No. 29, pp. 340
No. 4212-VI of 22.12.2011 , VB, 2012, No. 32-33, pp. 413}
{Official interpretations of the Code of Code. of the Constitutional Court No. 3-rp/ 2012 of 25.01.2012 }
{With changes under the Laws
No. 4452-VI of 23.02.2012 , VR, 2012, No. 50, pp. 564
No. 4496-VI of 13.03.2012 , VR, 2013, No. 2, pp. 4
No. 4601-VI of 22.03.2012 , VR, 2012, No. 52, pp. 599
No. 4652-VI of 13.04.2012 , VR, 2013, No. 21, pp. 208
No. 4847-VI of 24.05.2012 , BBR, 2013, No. 16, pp. 139
No. 5029-VI of 03.07.2012 , BBR, 2013, No. 23, pp. 218
No. 5041-VI of 04.07.2012 , VR, 2013, No. 25, pp. 247
No. 5076-VI of 05.07.2012 , BBR, 2013, No. 27, pp. 282}
{Concerning the recognition of the constitutional individual provisions. Decision Of The Constitutional Court No. 16-r/ 2012 of 29.08.2012 }
{With changes under the Laws
No. 5207-VI of 06.09.2012 , VB, 2013, No. 32, pp. 412
No. 5288-VI of 18.09.2012 , VR, 2013, No. 37, pp. 490
No. 5404-VI of 02.10.2012 , BBR, 2013, No. 41, pp. 550
No. 5411-VI of 02.10.2012 , VR, 2013, No. 42, pp. 587
No. 5453-VI of 16.10.2012 , VR, 2013, No. 47, pp. 657
No. 5459-VI of 16.10.2012 , VR, 2013, No. 48, pp. 682
No. 5477-VI of 06.11.2012 , VR, 2013, No. 50, pp. 693
No. 5518-VI of 06.12.2012 , BBR, 2014, No. 8, pp. 90
No. 245-VII of 16.05.2013 , BBR, 2014, No. 12, pp. 178
No. 353-VII of 20.06.2013 , BBR, 2014, No. 13, pp. 221
No. 406-VII of 04.07.2013 , BBR, 2014, No. 20-21, pp. 712
No. 709-VII of 21.11.2013 , BBR, 2014, No. 22, pp. 794
No. 721-VII of 16.01.2014 , VR, 2014, No. 22, pp. 801-Lost validity on the basis of the Act No. 732-VII of 28.01.2014 }
{Changes to the Code See. in the Law
No. 723-VII of 16.01.2014 (entered into force 20.02.2014-see. section II of this Act)-lost the validity of the Act No. 732-VII of 28.01.2014 , BBR, 2014, No. 22, pp. 811}
{With changes under the Laws
No. 767-VII of 23.02.2014 , BBR, 2014, No. 17, pp. 593
No. 887-VII of 14.03.2014 , BBR, 2014, No. 15, pp. 327
No. 1170-VII of 27.03.2014 , BBR, 2014, No. 22, pp. 816
No. 1188-VII of 08.04.2014 , BBR, 2014, No. 23, pp. 870
No. 1193-VII of 09.04.2014 , BBR, 2014, No. 23, pp. 873
No. 1206-VII of 15.04.2014 , BBR, 2014, No. 24, pp. 885
No. 1207-VII of 15.04.2014 , BBR, 2014, No. 26, pp. 892
No. 1697-VII of 14.10.2014 , BBR, 2015, No. 2-3, pp. 12
No. 1700-VII of 14.10.2014 , BBR, 2014, No. 49, pp. 2056
No. 1702-VII of 14.10.2014 , BBR, 2014, No. 50-51, pp. 2057
No. 63-VIII of 25.12.2014 , BBR, 2015, No. 6, pp. 38
No. 71-VIII of 28.12.2014 , VB, 2015, No. 7-8, No. 9, pp. 55
No. 192-VIII of 12.02.2015 , BBR, 2015, No. 18, No. 19-20, pp. 132}
{For recognition of non-constitutional individual provisions. Decision Of The Constitutional Court No. 3-rp/ 2015 from 08.04.2015 }
{With changes under the Laws
No. 484-VIII from 22.05.2015 , BBR, 2015, No. 33, pp. 323
No. 541-VIII from 18.06.2015 , BBR, 2015, No. 32, pp. 315}
Article 1. The purpose of the Code of Administrative Procedure of Ukraine
1. The Code of Administrative Procedure of Ukraine defines jurisdiction, the authority of administrative courts to address administrative cases, the order of appeal to administrative courts and the procedure for the exercise of administrative proceedings.
{Part of the first Article 1 in the edition of the Law No. 2453-VI of 07.07.2010 }
Article 2. Tasks of administrative litigation
1. The task of administrative justice is to protect the rights, freedoms and interests of individuals, rights and interests of legal persons in public-legal relations from violations by government authorities, local governments, their rights and their rights. Officials and officers, other entities in the exercise of the administrative functions of the authorities, including on the execution of delegated authority through a fair, unbiased and timely review of administrative matters.
{Part of the first article 2 with changes made under the Act No. 2453-VI of 07.07.2010 }
2. Prior to administrative courts, any decisions, actions or inactivity of the subjects of the authority, except in cases, actions or inactivity, may be challenged. Constitution The President of the Republic of Ukraine and the United States of America
{The official interpretation of the position of Part 2 of the Second Article. of the Constitutional Court No. 19-rb/ 2011 of 14.12.2011 }
3. In cases of challenging decisions, actions or inactivity of the subjects of the authorities, the administrative courts shall check whether they are committed (committed):
1) on the grounds, within the authority and in the manner prescribed by the Constitution and laws of Ukraine;
2) with the use of the power to the purpose of which this authority is granted;
(3) justified, i.e., given all the circumstances relevant to the decision (act of action);
7) with the introduction of the principle of equality before the law, preventing all forms of discrimination;
{Item 7 of the third article 2 amended by the Law No. 5207-VI of 06.09.2012 }
8) in proportion, in particular with the proof of the necessary balance between any adverse consequences for the rights, freedoms and interests of the person and the goals of which the decision is directed (action);
(9) Given the right of person to participate in the decision process;
10) in a timely manner, that is, for a reasonable line.
Article 3. Definition of concepts
1. In this Code, the following terms are used in this respect:
(1) on the right of administrative jurisdiction (further-administrative matter)-transferred to the administrative court ruling, in which at least one of the parties is the executive branch, the local government body, their post office or A serviceman or other entity that exercised the power of administrative functions on the basis of legislation, including the execution of delegated powers;
{Paragraph 1 of the first article 3, with changes made in accordance with the Laws No. 4212-VI of 22.12.2011 , No. 5518-VI of 06.12.2012 }
(2) The administrative court is a court of general jurisdiction, to which the Code is competent to consider and address administrative matters;
(3) The Court is a judge of the administrative court that examines and decides the administrative case of the one-person, a panel of judges of the administrative court;
(4) Administrative courts are the activities of administrative courts to review and resolve administrative cases in the order established by this Code;
(5) Administrative process-relations with the implementation of administrative proceedings;
(6) Administrative suit-an appeal to the administrative court on the protection of rights, freedoms and interests or to fulfill the authority in public-legal relations;
{Paragraph 6 of the first Article 3 changes in accordance with the Act No. 4054-VI of 17.11.2011 }
7) the subject of the authority-the authority of the public authority, the local government body, their official or service person, another subject in the implementation of the government-based functions on the basis of legislation, including the execution of delegated authority. Powers;
(8) the plaintiff, in the protection of the rights, freedoms and interests of which is submitted to the administrative court, as well as the subject of the authorities, on the execution of the authority of which the statement is submitted to the administrative court;
9) the respondent is the subject of the authority, and in cases prescribed by law, and other persons to whom the requirement of the plaintiff is addressed;
10) written proceedings-the consideration and resolution of the administrative case in the court of the first, appellate or related instation without the call of persons involved, and holding a trial based on the court of materials in cases where By this Code;
{Paragraph 10 of the first Article 3 changes in accordance with the Act No. 2953-IV of 06.10.2005 }
11) smart lines are the shortest lines of consideration and resolution of an administrative case sufficient to provide a timely (without uncorrected calls) of the judicial protection of violations of rights, freedoms and interests in public law;
(12) The ruling is a written decision of the court of any instance in an administrative case, in which the requirements of the administrative lawsuit are resolved;
13) uhwala is a written or oral decision of the court of any instance in an administrative case, which is resolved by the questions relating to the procedure of the review of the administrative case, and other procedural issues. The decrees of appeals and cassation courts are also decided by the requirements of an appellate or concerning complaint;
14) an administrative contract-a two-or multi-party agreement whose content constitute the rights and obligations of parties, stemming from the authority's administrative functions of the entity, which is one of the parties of the agreement;
15) public service-activities on public policy positions, professional activities of judges, prosecutors, military service, alternative (non-military) service, diplomatic service, other state service, service in power of the Autonomous Republic Crimea, Local Government.
Article 4. Justice in Administrative Cases
1. Justice in administrative matters is exercised by administrative courts.
2. The jurisdiction of administrative courts is extended to all public legal disputes, apart from disputes, for which the law is set by another order of judicial decision.
Article 5. Administrative legislation
1. Administrative court is carried out in accordance with Constitution of Ukraine , this Code of Conduct and International Agreements, the agreement on the duty of which is provided by the Verkhovna Rada of Ukraine.
2. The administration of administrative proceedings shall be carried out in accordance with the law, at the time of the work of a separate procedural action, review and resolution of the case.
{Paragraph 2 of the second part of Article 5 is excluded from the Law of the No. 3156-VI of 17.03.2011 }
Article 6. Right to judicial protection
1. Each individual has the right to the order established by this Code to address the administrative court if it considers the decision, the action or inactivity of the subject of the authority to be violated by its rights, liberty or interests.
2. In cases established by law, bodies and individuals are given the right to protect the rights, freedoms and interests of others.
3. The subjects of the authority have the right to address the administrative court in cases stipulated by the Constitution and the laws of Ukraine.
4. No one can be deprived of the right to consider his case in an administrative court, to which she is subdued by this Code.
5. The rejection of the right to appeal to the court is invalid.
{The position of part 5 of Article 6, in which it is stated that the rejection of the right to appeal to the court is invalid, declared constitutional under the Constitutional Court decision No. 17-p/ 2011 of 13.12.2011 }
6. Innonationals, persons without citizenship and foreign legal persons enjoy the same right to judicial protection as citizens and legal persons of Ukraine.
{Text of Article 6 of the changes under the Act No. 3550-IV of 16.03.2006 ; in the drafting of the Law No. 2453-VI of 07.07.2010 }
Article 7. Principles of administrative litigation
1. The principles of the exercise of justice in administrative courts are:
3) equality of all participants of the administrative process before the law and the courts;
4) the contentability of the parties, the disastitude and the official figment of all the circumstances in the case;
5) the publicity and openness of the administrative process;
(6) Providing an appeal and concerning the appeal of the administrative court decisions other than the cases established by this Code;
{Paragraph 6 of the first article 7 with changes made under the Act No. 2453-VI of 07.07.2010 }
1. The Court is governed by the rule of law, whereby in particular the person, its rights and freedoms are recognized by the highest values and determine the content and orientation of the state.
2. The Court shall apply the rule of law, subject to the judicial practice of the European Court of Human Rights.
3. Appeal to the administrative court to protect human rights and citizens directly on the basis of Constitution of Ukraine Guaranteed.
4. The failure to consider and resolve the administrative case with the motives of the incompleteness, ambiguities, contradictions, or lack of legislation that regulates the controversial relationship.
1. The Court is governed by the rule of law, according to which:
1) the court decides cases according to the Constitution and the laws of Ukraine, as well as international treaties, consent to the duty provided by the Verkhovna Rada of Ukraine;
(2) The court applies to other legal acts adopted by the relevant body on the grounds, within the authority and in the manner prescribed by the Constitution and laws of Ukraine.
{Official interpretation of paragraph 2 of Part 1 of the First Article of the Constitutional Court No. 3-rp/ 2012 of 25.01.2012 }
{Part of the first Article 9 in the edition of the Law No. 2453-VI of 07.07.2010 }
{Part of the second article 9 is excluded based on the Law of the No. 2453-VI of 07.07.2010 }
{Part of the third article 9 is excluded based on the Law of the No. 2453-VI of 07.07.2010 }
4. In the case of non-compliance with the law and legal act of the Constitution of Ukraine, the law of Ukraine, the international treaty, consent to the binding given by the Verkhovna Rada of Ukraine, or another legal act, the court applies a legal act which has a higher legal Strength.
5. In case of a court of doubt during the review of the law or other legal act of the Constitution of Ukraine, the question of the constitutionality of the Constitution belongs to the jurisdiction of the Constitutional Court of Ukraine. The Supreme Court of Ukraine is in order to address the issue of the Constitutional Court of Ukraine, in respect of the constitutionality of the law or other legal act.
6. If an international treaty, consent to the binding of the Verkhovna Rada of Ukraine, established other rules than those prescribed by law, the rules of the international treaty shall apply.
7. In the case of the absence of a law regulating appropriate law, the court applies a law regulating similar relations (analogy of law), and in the absence of such a law, the court comes from constitutional principles and general principles of law (analogy). right).
Article 10. Equality of all participants in the administrative process before the law and the courts
1. All participants in the administrative process are equal before the law and the courts.
2. There can be no privilege or restrictions of the rights of members of the administrative process by signs of race, colour, political, religious and other beliefs, gender, ethnic and social origin, property, place of residence, by language or Other signs.
Article 11. Party contentability, identity and official figuring out all circumstances in the case
1. The care and settlement of cases in administrative courts shall be carried out on the basis of the competition of parties and liberty in the judgment of their evidence and in the trial of their conviction.
2. The Court shall consider administrative affairs not differently in accordance with the statement issued according to this Code, and cannot go beyond the basis of the basis of requirements. The Court may exit the limits of the call requirements only if necessary for the full protection of the rights, freedoms and interests of the parties or third parties whose protection they are asked.
3. Each person who has appealed to the judicial protection shall be dealt with by their demands other than the cases established by this Code. It is also the person who is in the interest of having an administrative suit, except for those who do not have administrative procedural power.
4. The Court shall use the required law of measures necessary to clarify all circumstances in the case, including the identification and extraction of evidence from its own initiative.
5. The Court must propose to individuals who participate in the case, submit evidence or from their own initiative to remove evidence that, according to the court, is lacking.
Article 12. Openness and openness of the administrative process
1. Persons involved, as well as persons who did not participate in the case, if the court decided to question their rights, liberty, interests or duties, could not be restricted to the right to receive in the administrative court both oral and written. information about the outcome of the proceedings. No one can be confined to the right to receive the administrative court of information on the date, time and place of consideration of the proceedings and the decisions made in it. The appeal of the person involved in the case is not subject to any answer, unless it is given a residence or location (for legal persons) or not signed by the author (authors), and if it is impossible to establish it The authorship, or such that contains the words, as evidenced by the contempt of court.
{Part of the first article 12 of the changes made under the Act No. 4054-VI of 17.11.2011 }
2. Everyone has the right to meet in established law with judicial decisions in any considered open court of the case that has taken a legitimate force. This right may be limited in accordance with the law in the interest of the non-disclosure of confidential information about the person, state or other security of the law.
3. The care of the cases in administrative courts is open. The court may declare a court hearing or part of a closed court of law, protecting the law, protecting the personal and family life of a person, in the interests of the child or the underage person, and to the law of the law. Other cases established by law.
4. The conduct of the case in a closed court meeting is conducted with the retention of all rules of administrative litigation. In the course of the proceedings in a closed court, only persons involved in the case are present, and in the event of necessity-experts, specialists, translators and witnesses.
5. If during a closed trial session that information with limited access is public-sufficient or access to information is restricted to the law, the court orders the decision of her research in an open court case.
{Part of Article 12 of the changes made according to By law No. 1170-VII of 27.03.2014 }
6. During the trial, the proceedings in the trial are provided by a complete fixture of the trial by means of a recording technical vehicle, other than cases of failure in the judicial meeting of all persons involved in the case, or if According to the provisions of this Code, the proceedings shall be carried out in the absence of persons involved (including the proceedings in the order of written proceedings).
{Part of the sixth article 12 of the changes made under the Act No. 2453-VI of 07.07.2010 }
{For the recognition of the constitutional provisions of a part of the sixth article 12, there are cases where complete fixing of judicial process is not carried out, see: Decision Of The Constitutional Court No. 16-p/ 2011 from 08.12.2011 }
7. The official record of the trial is only a technical record made by the court in the order established by this Code.
8. Persons present in the courtroom can use portable audio equipment. Filming in the courtroom photo-and film photography, video, recording with stationary equipment, and the broadcasting of the radio and television sessions are allowed on the grounds of the court's consent to be agreed upon. participate in the case other than those who are subject to the authority.
9. The judicial decision made in an open court session is declared to be attached. If the proceedings were held in a closed court session, only a resolution of the decision was made to be declared.
Article 13. Providing an appellate and touching appeal of administrative court decisions
1. The parties involved in the case, as well as individuals who did not participate in the case, if the court decided to question their rights, liberty, interests or duties, provided the right to appeal and concerning the appeal of administrative court decisions other than the cases established by this Code.
{Part of Article 13 of the changes made under the Act No. 2453-VI of 07.07.2010 }
Article 14. Commitment to court decisions
1. The judicial decision, which ends in the administrative court proceedings, is adopted by the name of Ukraine.
2. The Regulations and the courts of administrative matters that have chosen the legitimate force are binding on the entire territory of Ukraine.
3. The non-execution of judicial decisions entails the responsibility set by the law.
Article 15. Language of administrative proceedings
The language of administrative litigation is determined Article 14 of the Law of Ukraine "The Public Language Policy".
{Article 15 in the Drafting of the Law No. 5029-VI of 03.07.2012 }
Article 15 - 1 . Automated court document system
1. In administrative courts, an automated court document system provides:
1) an objective and unbiased distribution of cases between judges with the principles of draft and the same number of cases for each judge;
2) to provide physical and legal information to the state of the proceedings in which they participate;
{Paragraph 2 of the first Article 15 - 1 with changes made under the Act No. 2453-VI of 07.07.2010 }
3) centralized storage of texts of court decisions and other procedural documents;
4. Statistical data preparation;
5) registration of the incoming and outgoing correspondence and the stages of its movement;
{Paragraph 6 of the first article 15 - 1 It is excluded from the Law No. 2453-VI of 07.07.2010 }
(7) The issuance of judgments and executive letters on the basis of the existing decisions regarding the judicial decision and the registration of a statement of the person in favour of which it is adopted;
(8) Transfer of cases to an electronic archive.
2. Outside statements, complaints, representations and other prescribed procedural documents submitted to the court and may be subject to the trial, in the order of order they are subject to mandatory registration in an automated document system. A court that is carried out by the staff of the corresponding court on the day of the receipt of the documents. To the automated court document system is mandatory: the date of the submission of the document, information on the subject of the dispute and the parties in the case, the name of the employee of the court of the court who issued the registration, information on the movement of the judiciary documents, the judge ' s data, which dealt with the case, and other data provided by the Application of the automated court document system.
3. The definition of a judge or the collegiate of judges for a particular case is carried out by an automated court document system during the registration of relevant documents on the principle of probability that takes into account the number of cases pending consideration. in judges, the prohibition to participate in decision-making for a judge who took part in the decision of the court decision, which questions the question, the stay of the judges on the holidays, at the hospital, in the division, and the end of the term of office. After determining the judge or the collegiate of judges to review a specific case of amending the registration data on this case, and the removal of these data from an automated court document system is not allowed, except in the cases established by law. The Chief of the Court of Justice is responsible for ensuring compliance with the courts of order of the distribution of court cases between the judges predicted by the article.
{Part 3 of Article 15 - 1 with changes made under the Act No. 2453-VI of 07.07.2010 }
4. Access to the automated court document system is provided to judges and employees of the respective court's apparatus according to their functional duties.
5. The unattended intervention in the work of an automated court document system has a consequence of the responsibility set by the law.
6. Method of functioning of the automated court document system, including issuing court decisions and executive letters, transfer of cases to electronic archive, storage of texts of court decisions and other procedural documents, providing information Physical and legal personnel, preparation of statistical data, is defined by the Agreement on the automated document system of the court, which is approved by the Council of Judges of Ukraine with the approval of the State judicial administration of Ukraine.
{Part of the sixth article 15 - 1 with changes made under the Act No. 2453-VI of 07.07.2010 }
{The Code is supplemented by Article 15 - 1 under the Law No. 1475-VI of 05.06.2009 }
Article 16. Legal aid in dealing with administrative court
1. Everyone has the right to use the legal assistance in dealing with the administrative court, which is granted in the order established by law.
2. To provide legal assistance while dealing with cases in Ukraine, lawyers are acting. In cases established by law, legal assistance may be provided by other law professionals. The order and conditions for the provision of legal aid, the rights and duties of lawyers and other rights professionals who participate in the administrative process and provide legal assistance are defined by this Code and other laws.
3. Submissions and procedures for the provision of free legal assistance are determined by the law governing the provision of free legal assistance.
{Part of the third article 16 in the edition of the Law No. 5477-VI of 06.11.2012 }
Chapter II
ADMINISTRATIVE ORGANIZATION
Chapter 1
ADMINISTRATIVE JURISDICTION AND SUBDUALITY OF ADMINISTRATIVE AFFAIRS
Article 17. Jurisdiction of administrative courts to address administrative matters
{Title of article 17 of the changes made under the Act No. 2453-VI of 07.07.2010 }
1. The jurisdiction of administrative courts is extended to legal relations arising from the implementation of the authority of the authorities of the administrative functions, and in relation to the public formation of the subject's authority through elections; or a referendum.
{Part of the first article 17 of the changes made under the Act No. 1901-VI of 16.02.2010 ; in the drafting of the Law No. 2453-VI of 07.07.2010 }
2. The jurisdiction of administrative courts is extended to public and legal disputes, in particular:
(1) disputes the physical or legal entities with the subject of the authority to challenge its decisions (regulations or legal acts of individual action), actions or inactivity;
2) disputes over the acceptance of citizens to public service, its passage, the liberation from public service;
(3) Dispute between the entities of the authorities on the implementation of their competence in management, including delegated authority;
4) disputes that arise from the drive, execution, termination, abolition or recognition of the non-valid administrative treaties;
(5) arguing for the appeal of the subject authority in cases set forth Constitution and the laws of Ukraine;
(6) Dispute on the legal relationship related to the electoral process or referendum process;
7) argue the physical or legal persons with the order of public information to challenge its decisions, actions or inactivity in part of the access to public information.
{Part of the second article 17 is supplemented by paragraph 7 under the Law No. 1170-VII of 27.03.2014 }
{Part of Article 17 in the Drafting of the Law No. 2453-VI of 07.07.2010 }
3. The jurisdiction of administrative courts does not apply to public legal affairs:
1) to be assigned to the jurisdiction of the Constitutional Court of Ukraine;
2) to decide in the order of criminal proceedings;
{Official interpretation of paragraph 2 of Part III of Article 17, see annex III. of the Constitutional Court No. 19-rb/ 2011 of 14.12.2011 }
" (3) The imposition of administrative lesions;
4) on the relationship that according to the law, the statute (s) of the union of citizens is attributed to its internal activity or exclusive competence.
{Paragraph 5 of Part III of Article 17 is excluded from the Law of the No. 5518-VI of 06.12.2012 }
{Part of the third article 17 with the changes made under the Act No. 2453-VI of 07.07.2010 }
Article 18. Subduality of administrative matters
1. Local common courts as administrative courts:
1) the administrative affairs in which one of the parties shall be the authority or office of the local government, the office or service entity of the local government, other than those who subdue the district administrative courts;
(2) All administrative matters relating to decisions, actions or inactivity of the entities of the authorities in cases of the influx to administrative responsibility;
{Paragraph 3 of the first article 18 is excluded based on the Law of the No. 1691-VI of 18.02.2010 -the change is recognized unconstitutional according to the decision of the Constitutional Court No. 19-r/2010 of 09.09.2010 }
(4) All administrative matters concerning disputes of individuals with subjects of authority over computing, purpose, count, exercise, granting, receiving pension payments, social benefits of inoperable citizens, pay for Mandatory state social insurance, pay and benefits to children of war, other social payments, boards, social services, assistance, protection, benefits;
{Part of the first article 18 is supplemented by paragraph 4 under the Law No. 2453-VI of 07.07.2010 -Changes regarding the transfer to jurisdiction of administrative courts and removal from civil jurisdiction disputes over the appointment, evaluation, recalculation, exercise, granting, receiving pension payments, social benefits of inoperable citizens, pay for Mandatory public social insurance and other social payments, social services, assistance, protection, benefits, substance, rations, or monetary compensation instead of taking effect at the same time Law of Ukraine of 2 December 2010 No. 2748-VI "On amendments to Section XII" The Final Provisions of the Law of Ukraine "On the Judiciary and the status of judges" on the transfer of cases related to social payments ", given the provisions referred to in paragraphs 3 to 8 of paragraph 1 of the Act No. 2748-VI of 02.12.2010 }
(5) Administrative matters relating to decisions, actions or inactivity of the State Executive or other official entity of the State Executive Service on the execution of these judgments in cases stipulated by items 1 to 4 of the first part of this article;
{Part of the first article 18 is supplemented by paragraph 5 under the Act No. 4054-VI of 17.11.2011 }
(6) Administrative cases on forced return to the country of origin or third country and forced vision of foreigners and persons without citizenship beyond the territory of Ukraine.
{Part of the first article 18 is supplemented by paragraph 6 under the Act No. 5453-VI of 16.10.2012 }
2. The district administrative courts are administrative matters:
1) one of the parties in which is the state authority, another state body, the authority authority of the Autonomous Republic of Crimea, the regional council, the Kiev, the Sevastopol City Council, their position or service, except the cases stipulated by this Code, and other than For their decisions, actions or inactivity in cases of administrative misconduct and cases that are subject to local common courts as administrative courts;
(2) on the application in cases provided by law, response measures to public oversight (control), the permissive system in the sphere of economic activity, if they can be applied solely by the judicial decision;
{Paragraph 2 of the second article 18 of the changes made under the Act No. 1193-VII of 09.04.2014 }
(3) To confirm the validity of the human rights of the authorities to respond during the exercise of public oversight (control) in the sphere of economic activity.
{Part of the second article 18 is supplemented by paragraph 3 under the Law No. 353-VII of 20.06.2013 }
{Part of the second article 18 of the changes in accordance with the Laws No. 808-VI of 25.12.2008 , No. 2181-VI of 13.05.2010 , No. 2453-VI of 07.07.2010 -Changes regarding the transfer to jurisdiction of administrative courts and removal from civil jurisdiction disputes over the appointment, evaluation, recalculation, exercise, granting, receiving pension payments, social benefits of inoperable citizens, pay for Mandatory public social insurance and other social payments, social services, assistance, protection, benefits, substance, rations, or monetary compensation instead of taking effect at the same time Law of Ukraine of 2 December 2010 No. 2748-VI "On amendments to Section XII" The Final Provisions of the Law of Ukraine "On the Judiciary and the status of judges" on the transfer of cases related to social payments ", given the provisions referred to in paragraphs 3 to 8 of paragraph 1 of the Act No. 2748-VI of 02.12.2010 ; in the drafting of the Law No. 5404-VI of 02.10.2012 }
3. Cases dealt with by the appeal or inactivity of the official and civil servants of the executive branch are being considered and decided by the local general court as an administrative court or district administrative court by the choice of a plaintiff.
4. The High Administrative Court of Ukraine as the court of first instance of the grounds for establishing the Central Election Commission of election results or all-Ukrainian referendum, cases of early termination of office of the People's Deputy Ukraine, as well as cases concerning the appeal of acts, actions or inactivity of the Verkhovna Rada of Ukraine, the President of Ukraine, the Supreme Court of Justice, the Supreme Qualification Commission of the Judges of Ukraine.
{Part of article 18 in the edition of Laws No. 1616-VI of 21.08.2009 , No. 2181-VI of 13.05.2010 ; with changes made under the Act No. 2453-VI of 07.07.2010 -Changes regarding the transfer to jurisdiction of administrative courts and removal from civil jurisdiction disputes over the appointment, evaluation, recalculation, exercise, granting, receiving pension payments, social benefits of inoperable citizens, pay for Mandatory public social insurance and other social payments, social services, assistance, protection, benefits, substance, rations, or monetary compensation instead of taking effect at the same time Law of Ukraine of 2 December 2010 No. 2748-VI "On amendments to Section XII" The Final Provisions of the Law of Ukraine "On the Judiciary and the status of judges" on the transfer of cases related to social payments ", given the provisions referred to in paragraphs 3 to 8 of paragraph 1 of the Act No. 2748-VI of 02.12.2010 }
{The position of part of fourth article 18 concerning the subjustness of the High Administrative Court of Ukraine as the court of first instance of cases on the early termination of the authority of the People's Deputy of Ukraine in the event of non-compliance with the non-compatibility requirements, as well as on the right) concerning the appeal of acts, actions or inactivity of the Verkhovna Rada of Ukraine, the President of Ukraine, the Supreme Court of Justice, the Supreme Qualification Commission of the Judges of Ukraine is recognized by the Constitutional Court. No. 16-r/ 2012 of 29.08.2012 }
5. In the case of uncertainties this Code of the Subject of Administrative Case is considered to be the local administrative court by the choice of a plaintiff.
