The Code of administrative legal proceedings of Ukraine

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The Code of administrative legal proceedings of Ukraine

Section I GENERAL PROVISIONS

Article 1. Purpose {assignment;destination} of the Code of administrative legal proceedings of Ukraine

Article 2. A problem {task} of administrative legal proceedings

Article 3. Definition of concepts

Article 4. Justice in administrative affairs

Article 5. The legislation on administrative legal proceedings

Article 6. The right to judicial protection

Article 7. Principles of administrative legal proceedings

Article 8. The Supremance of law

Article 9. Legality

Article 10. Equality of all participants of administrative process before the law and court

Article 11. Competitiveness of the parties {sides}, optionality and official finding-out of all circumstances in business {case}

Article 12. Publicity and an openness of administrative process

Article 13. Maintenance appeal and the cassation of decisions of administrative court

Article 14. Compulsion of judgements

Article 15. Language by which administrative legal proceedings is carried out

Article 16. Legal aid at the decision of affairs in administrative court

Section II ORGANIZATION of ADMINISTRATIVE LEGAL PROCEEDINGS

Chapter {Head} 1 the ADMINISTRATIVE JURISDICTION And JURISDICTION of ADMINISTRATIVE AFFAIRS

Article 17. The competence of administrative courts concerning the decision of administrative affairs

Article 18. Subject jurisdiction of administrative affairs

Article 19. The venue of administrative affairs

Article 20. Інстанційна jurisdiction of administrative affairs

Article 21. Jurisdiction of the several requirements connected among themselves

Article 22. Transfer of administrative business {case} from one administrative court to another

Chapter {Head} 2 the COMPOSITION OF THE COURT. TAPS {REMOVALS}

Article 23. Realization of administrative legal proceedings by the judge individually

Article 24. Realization of administrative legal proceedings by board of judges

Article 25. The order of the decision of questions board of judges

Article 26. An invariance of the composition of the court

Article 27. The Ground for disqualification (rejection) of the judge

Article 28. Inadmissibility of repeated participation of the judge in consideration of administrative business {case}

Article 29. The Ground for disqualification (rejection) of the secretary of session of the court, the expert {auditeur}, the expert, the translator

Article 30. The application {statement} for tap {removal} (rejection)

Article 31. The order of the decision of a question on tap {removal} (rejection)

Article 32. Consequences {investigations} of tap {removal} (rejection) of the judge

Chapter {Head} 3 JUDICIAL the CALL And the MESSAGE

Article 33. Summonses

Article 34. The maintenance {contents} of the summons {agenda}

Article 35. Delivery of the summons {agenda}

Article 36. Time of delivery of the summons {agenda}

Article 37. Consequences {investigations} of refusal of reception of the summons {agenda}

Article 38. Exclusive means of judicial calls and messages

Article 39. Citation, the third parties, witnesses, a place of actual residing which (stay) unknown

Article 40. A duty to inform on change of the address and the reason of a non-arrival in session of the court

Chapter {Head} 4 FIXATION of ADMINISTRATIVE PROCESS

Article 41. Fixation of session of the court by means

Article 42. Conducting magazine of session of the court

Article 43. The remark concerning technical record and magazine of session of the court

Article 44. Reproduction and роздрукування technical record of session of the court

Article 45. Executing a process-verbal

Article 46. The maintenance {contents} of the report

Chapter {Head} 5 of the PARTICIPANT of ADMINISTRATIVE PROCESS

Paragraph 1. Persons {faces} who take part {participate} in business {case}

Article 47. Structure of persons {faces} which take part {participate} in business {case}

1. Persons {faces} who take part {participate} in business {case}, are the parties {sides}, the third

Article 48. The administrative remedial legal personality

1. Ability to have laws of procedure {procedural rights} and duties in

2. Ability personally to carry out administrative

3. Ability personally to carry out administrative

Article 49. The rights and duties of persons {faces} which take part {participate} in business {case}

1. Persons {faces} who take part {participate} in business {case}, have equal

2. Persons {faces} who take part {participate} in the business {case}, obliged

3. Persons {faces} who take part {participate} in business {case}, have the right:

4. Persons {faces} who take part {participate} in business {case}, can for own

Article 50. The parties {sides}

1. The parties {sides} in administrative process are the claimant and

2. The claimant in administrative business {case} can be citizens

3. The respondent in administrative business {case} is the subject imperous

4. Citizens of Ukraine, the foreigner or stateless persons, them

Article 51. The rights and duties of the parties {sides}

1. Except for the rights and the duties certain inArticle 49 of it {these}

2. Except for the rights and the duties certain inArticle 49 of it {these}

3. The parties {sides} can reach {achieve} reconciliation at any stage

4. The court does not accept refusal of the claimant from administrative

Article 52. Replacement of the inadequate party {side}

1. The Trial court, having established {installed}, that with administrative

2. If the claimant not concordant on its {his} replacement with other person {face}, this

3. If the claimant not concordant on replacement of the respondent with other person {face},

4. After replacement of the party {side}, the introduction of the third party which declares

Article 53. The third parties

1. The Third parties which declare independent requirements for

2. The Third parties which do not declare independent requirements for

Article 54. The rights and duties of the third parties

1. Except for the rights and the duties certain inArticle 49 of it {these}

2. The Third parties which do not declare independent requirements for

Article 55. Succession of choses in action

1. In case of departure or replacement of the party {side} or the third party in

Article 56. Representatives

1. The party {side}, and also the third party in administrative business {case}

2. The representative can be physical the person {face}, which according to {agree}

3. Representatives take part {participate} in administrative process on

4. The rights, freedom and interests juvenile and minor

5. The rights, freedom and interests of minor persons {faces} which have reached {achieved}

6. Court with the purpose of protection of the rights, freedom and interests

7. The Legal representative of body, the enterprise, establishment,

8. As legal representatives operate {work} also bodies and other persons {faces},

9. In case of absence of the representative at the party {side} or the third

Article 57. Persons {faces} who cannot be representatives

1. Cannot be representatives in court of the person {face} who take

2. Judges, public prosecutors, inspectors cannot be representatives in

Article 58. Documents which confirm power of representatives

1. Power of representatives which take part {participate} in

2. Power of legal representatives prove to be true

3. Powers of attorney on behalf of body, the enterprises, establishments,

4. The power of attorney physical persons {faces} on conducting business {case} in

5. Power of the lawyer as representative can also

6. Powers of attorney or other documents which confirm

Article 59. Power of the representative in court

1. Power on conducting business {case} in court gives the representative

2. The representative who takes part {participates} in administrative process

3. Power of the representative acting an extent of time of carrying out

4. The representative can refuse powers given to it {him},

5. The bases and the order of the termination {discontinuance} of representation for

6. The Legal representative independently carries out remedial

7. If actions of the legal representative contradict interests

Article 60. Participation in business {case} of bodies and persons {faces}, which law is accorded to protect a right the rights, freedom and interests of other persons {faces}

1. In the cases statutory, Authorized {Commissioned;Representative} Supreme

2. The public prosecutor carries out representation of interests in court

3. Public authorities and institutions of local government

Article 61. Features of powers of bodies and persons {faces}, which law is accorded to protect a right the rights, freedom and interests of other persons {faces} in court

1. Bodies and persons {faces} who are certain in clauses {articles} 60 of this Code and

2. Refusal of bodies and the persons {faces} certain inArticle 60 of it {these}

3. If physical the person {face} who has administrative remedial

4. The public prosecutor who did not take participation in business {case}, with the purpose of the decision

Paragraph 2. Other participants of administrative process

Article 62. Persons {faces} who are other participants of administrative process

1. Participants of administrative process, except for persons {faces}, which

Article 63. The secretary of session of the court

1. The secretary of session of the court:

Article 64. The judicial manager

1. To participation in administrative process by the chairman in

2. The judicial manager:

3. The requirements of the judicial manager connected with performance

4. In case of absence in session of the court of its {his} manager

Article 65. The witness

1. As the witness in administrative business {case} can be caused

2. Cannot be interrogated as witness:

3. Physical the person {face} has the right to refuse granting indications

4. The witness is caused in session of the court under the initiative of court

5. The witness is obliged to arrive to court to certain time and

6. In case of impossibility of arrival behind a call of court свідок

7. The witness has the right to give  evidence {evidence} the native language or language,

8. For заизвестно inveracious indications or for refusal from

Article 66. The expert {auditeur}

1. The expert {auditeur} is the person {face} who has necessary knowledge and which in

2. As the expert {auditeur} can be involved the person {face} who meets the requirements,

3. The expert {auditeur} is obliged to carry out full research and to give

4. During posting research the expert {auditeur} should provide

5. The expert {auditeur} has no right under own initiative to collect

6. The expert {auditeur} urgently should inform court about

7. In case of occurrence of doubt concerning the maintenance {contents} and volume of the power of attorney

8. The expert {auditeur} has no right to subcontract posting of examination

9. In case of the decision of the court decision about the termination {discontinuance} of posting

10. The expert {auditeur} has the right:

11. The expert {auditeur} has the right to payment of performed work and on

12. The expert {auditeur} can refuse granting a conclusion, if

13. For заизвестно an inveracious conclusion, refusal without valid

Article 67. The expert

1. The expert is the person {face} who owns special knowledge and

2. The expert can be got to take part in

3. The expert is obliged to arrive behind a call of court,

4. The help of the expert cannot concern {touch} legal questions.

5. The expert has the right to know the purpose of the call to court,

Article 68. The translator

1. The translator is the person {face} who freely knows language which

2. The translator is supposed by the court decision behind the petition of the person {face},

3. The translator has the right to refuse participation in

4. The translator is obliged to be on a call to court,

5. For заизвестно wrong translation {transfer} or for refusal without

Chapter {Head} 6 of the PROOF

Article 69. Concept of proofs

Article 70. An accessory {a belonging} and admissibility of evidence

Article 71. A duty of proving

Article 72. The bases for clearing of proving

Article 73. Maintenance of proofs

Article 74. Ways of maintenance of proofs

Article 75. The application {statement} for maintenance of proofs and the order of its {her} consideration

Article 76. An explanation of the parties {sides}, the third parties and their representatives

Article 77. The Witness's testimony

Article 78. Interrogation of the witness in a place or in a place of its {his} residing (stay)

Article 79. Written evidences

Article 80. Ware proofs

Article 81. Purpose {assignment;destination} of expert testimony in court

Article 82. A conclusion of the expert {auditeur}

Article 83. Commission examination

Article 84. Complex examination

Article 85. Additional and repeated examinations

Article 86. Evaluation of evidence

Chapter {Head} 7 the LEGAL COST

Article 87. Kinds of a legal cost

Article 88. Reduction of the size of a legal cost or clearing of their payment, a delay and the installments of a legal cost

Article 89. Payment and returnings of judicial gathering

Article 90. The charge on legal aid

Article 91. The charge of the parties {sides} and their representatives which are connected with arrival to court

Article 92. The charge, connected with attraction of witnesses, experts, translators and to postings of expert testimonies in court

Article 93. The charge, connected with posting the review of proofs on a place and fulfilment of other actions necessary for consideration of business {case}

Article 94. Apportionment of court costs

Article 95. Distribution of charges in default the claimant from the administrative claim

Article 96. A Legal cost connected with reconciliation of the parties {sides}

Article 97. Definition of the size of a legal cost

Article 98. The decision concerning a legal cost

Chapter {Head} 8 of TERM

Article 99. Term of the reference {manipulation} to administrative court

Article 100. Consequences {investigations} пропускания terms of the reference {manipulation} to administrative court

Article 101. Time limits

Article 102. Renewal and continuation of time limits

Article 103. Calculation of the time limit

Section III CARRYING out In the TRIAL COURT

Chapter {Head} 1 the REFERENCE {MANIPULATION} To ADMINISTRATIVE COURT And OPENING of CARRYING out In ADMINISTRATIVE BUSINESS {CASE}

Article 104. The right to the reference {manipulation} to administrative court

Article 105. The form and the maintenance {contents} of the administrative claim

Article 106. Requirements to the statement of claim

Article 107. Opening of carrying out in administrative business {case}

Article 108. Leaving of the statement of claim without movement, returning of the statement of claim

Article 109. Refusal in opening carrying out in administrative business {case}

Chapter {Head} 2 PREPARATORY CARRYING out

Article 110. Preparation has put to proceeding

Article 111. The previous session of the court

Article 112. Refusal of the administrative claim and a recognition of the administrative claim during preparatory carrying out

Article 113. Reconciliation of the parties {sides} during preparatory carrying out

Article 114. The offer of court on granting corroborating evidences and explanations

Article 115. The judicial power of attorney

Article 116. Association and separation of affairs

Article 117. Maintenance of the administrative claim

Article 118. The order of maintenance of the administrative claim

Article 119. Acquaintance with business {case}

Article 120. Compulsion of direct participation

Article 121. Judgements by results of preparatory carrying out

Chapter {Head} 3 PROCEEDING of BUSINESS {CASE}

Article 122. Consideration of administrative business {case} in session of the court

Article 123. The chairman in session of the court

Article 124. Opening of session of the court

Article 125. An explanation to the translator of its {his} rights and duties, the oath of the translator

Article 126. The message on full fixation of litigation by means

Article 127. The announcement of the composition of the court and an explanation of the right of tap {removal}

Article 128. Consequences {investigations} of a non-arrival in session of the court of the person {face} which takes part {participates} in business {case}

Article 129. Consequences {investigations} of a non-arrival in session of the court of the witness, the expert {auditeur}, the expert

Article 130. An explanation to persons {faces} who take part {participate} in business {case}, their rights and duties

Article 131. An explanation of the rights and duties of the expert {auditeur}, the oath of the expert {auditeur}

Article 132. An explanation to the expert of its {his} rights and duties

Article 133. The decision of spasmes of petitions of persons {faces} which take part {participate} in business {case}

Article 134. Duties present at courtroom

Article 135. The beginning of proceeding has put as a matter of fact

Article 136. Refusal of the administrative claim, a recognition of the administrative claim, reconciliation of the parties {sides} during proceeding

Article 137. Change of claims

Article 138. Research of proofs

Article 139. An explanation of persons {faces} which take part {participate} in business {case}

Article 140. An establishment of the order of research of other proofs

Article 141. The order of interrogation of witnesses

Article 142. The order of interrogation of juvenile and minor witnesses

Article 143. Research of written evidences

Article 144. Research of the maintenance {contents} of personal papers, letters, records of telephone conversations, telegrams and other kinds of the correspondence

Article 145. Research of ware proofs

Article 146. Research звуко-and videorecordings

Article 147. The review of proofs on a place

Article 148. Research of a conclusion of the expert {auditeur}

Article 149. Consultations and an explanation of the expert

Article 150. Adjournment of consideration of business {case} or the announcement of a break in its {her} consideration

Article 151. The expiration of finding-out of circumstances and checks by their proofs

Article 152. Judicial debate

Article 153. An output {exit} of court for decision-making

Article 154. Secret нарадчо rooms

Chapter {Head} 4 LEAVING of the STATEMENT OF CLAIM WITHOUT CONSIDERATION. The STOP, CLOSING of CARRYING out In BUSINESS {CASE}

Article 155. Leaving of the statement of claim without consideration

Article 156. A stop and renewal of carrying out in business {case}

Article 157. Closing of carrying out in business {case}

Chapter {Head} 5 JUDGEMENTS

Article 158. Kinds of judgements

Article 159. Legality and validity of a judgement

Article 160. The Method of adoption of judgements, their form

Article 161. Questions which are solved by court at acceptance of the decision

Article 162. Power of court at the decision of business {case}

Article 163. The maintenance {contents} of the decision

Article 164. The decision concerning a part of claims

Article 165. The maintenance {contents} of the decision

Article 166. Intermediate orders of court

Article 167. Declaration of a judgement, delivery or directions of a judgement to persons {faces} who take part {participate} in business {case}

Article 168. An additional judgement

Article 169. Correction описок and obvious arithmetic mistakes {errors} in a judgement

Article 170. An explanation of a judgement

Chapter {Head} 6 of FEATURE of CARRYING out In SEPARATE CATEGORIES of ADMINISTRATIVE AFFAIRS

Article 171. Features of carrying out in affairs concerning the appeal of normative acts-legal

Article 172. Features of carrying out in affairs concerning the appeal of decisions, actions or a divergence of electoral commissions, the commissions on a referendum, members of these commissions

Article 173. Features of carrying out in affairs concerning specification of the electoral register

Article 174. Features of carrying out in affairs concerning the appeal of decisions, actions or divergence of enforcement authorities, institutions of local government, mass media, the enterprises, establishments, the organizations, their official and service persons {faces}, creative workers of mass media which lift the legislation on elections and a referendum

Article 175. Features of carrying out in affairs concerning the appeal of actions or a divergence of candidates, their authorized representatives, a party {a set;an in lots} (block), the local organization of a party {set} (the block of the local organizations of parties {sets}), their officials and the authorized {commissioned} persons {faces}, initiative groups of a referendum, other subjects of initiation of a referendum, official observers from subjects of selective {elective} process

Article 176. Features of carrying out in affairs concerning a cancelling of registration of the candidate on a post of the President of Ukraine

Article 177. Features of judgements by results of the disposal of legal proceeding, connected with selective {elective} process or process of a referendum, and their appeal

Article 178. Features of realization of representation in the affairs connected with selective {elective} process or process of a referendum

Article 179. Features of calculation of terms in the affairs connected with selective {elective} process or process of a referendum, and consequence {investigation} of their infringement

Article 180. Features of carrying out in affairs about the preschedule termination {discontinuance} of powers of the People's Deputy of Ukraine in case of default of requirements by it {him} concerning incompatibility

Article 181. Features of carrying out in affairs in occasion of decisions, actions or a divergence of the state executive service

Article 182. Features of carrying out in affairs behind administrative claims of subjects of imperous powers for restriction concerning realization of the right to peace assemblies

Article 183. Features of carrying out in affairs behind administrative claims for elimination of restrictions in realization of the right to peace assemblies

Section IV REVISION of JUDGEMENTS

Chapter {Head} 1 APPEAL CARRYING out

Article 184. Court of appeal instance

Article 185. The right to the appeal appeal

Article 186. The order and terms of the appeal appeal

Article 187. Requirements to the application {statement} for the appeal appeal and to the reclaiming petition

Article 188. Actions of the trial court after reception of reclaiming petitions

Article 189. Acceptance of the reclaiming petition of spasmes of appeal instance

Article 190. Preparation has put to appeal consideration

Article 191. Objection on the reclaiming petition

Article 192. Connection to the reclaiming petition

Article 193. Refusal of the reclaiming petition, change of the reclaiming petition during appeal carrying out

Article 194. Refusal of the claimant of the administrative claim, reconciliation of the parties {sides} during appeal carrying out

Article 195. Borders of revision of spasmes of appeal instance

Article 196. Appeal consideration of business {case} in session of the court

Article 197. Appeal consideration of business {case} by way of written carrying out

Article 198. Power of court of appeal instance by results of consideration of the reclaiming petition on the court decision

Article 199. Power of court of appeal instance by results of consideration of the reclaiming petition on the court decision

Article 200. The bases for leaving the reclaiming petition without satisfaction, and a judgement - without changes

Article 201. The bases for change of a judgement

Article 202. The bases for a cancelling of a judgement and acceptance of the new decision

Article 203. The bases for leaving the statement of claim without consideration or closing of carrying out in business {case}

Article 204. The bases for a cancelling of a judgement and a direction of business {case} on new trial

Article 205. Judgements of court of appeal instance

Article 206. The maintenance {contents} of the court decision of appeal instance

Article 207. The maintenance {contents} of the court decision of appeal instance

Article 208. The Intermediate order of court of appeal instance

Article 209. Returning of administrative business {case}

Chapter {Head} 2 CASSATION CARRYING out

Article 210. Court of court of cassation

Article 211. The right to the cassation

Article 212. The order and terms of the cassation

Article 213. Requirements to the appeal for review

Article 214. Acceptance of the appeal for review of spasmes of court of cassation

Article 215. Preparation has put to cassation consideration

Article 216. Objection on the appeal for review

Article 217. Connection to the appeal for review

Article 218. Refusal of the appeal for review, change of the appeal for review during cassation carrying out

Article 219. Refusal of the claimant of the administrative claim, reconciliation of the parties {sides} during cassation carrying out

Article 220. Borders of revision of spasmes of court of cassation

Article 221. Cassation consideration of business {case} in session of the court

Article 222. Cassation consideration of business {case} by way of written carrying out

Article 223. Power of court of court of cassation by results of consideration of the appeal for review

Article 224. The bases for leaving the appeal for review without satisfaction, and judgements - without changes

Article 225. The bases for change of judgements

Article 226. The bases for a cancelling of a judgement of court of appeal instance and leaving in force of a judgement of the trial court

Article 227. The bases for a cancelling of judgements with a direction of business {case} for continuation of consideration or on new trial

Article 228. The bases for leaving the statement of claim without consideration or closing of carrying out in business {case}

Article 229. The bases for a cancelling of judgements and acceptance of a new judgement

Article 230. Judgements of court of court of cassation

Article 231. The maintenance {contents} of the court decision of court of cassation

Article 232. The maintenance {contents} of the court decision of court of cassation

Article 233. The Intermediate order of court of court of cassation

Article 234. Returning of administrative business {case}

Chapter {Head} 3 CARRYING out ON EXCLUSIVE CIRCUMSTANCES

Article 235. Court which looks through judgements on exclusive circumstances

Article 236. The right to the appeal of judgements on exclusive circumstances

Article 237. The bases for carrying out on exclusive circumstances

Article 238. Term of the appeal on exclusive circumstances

Article 239. The order of representation of the complaint to the Supreme Court of Ukraine

Article 240. The admission of the complaint to carrying out on exclusive circumstances

Article 241. The order of carrying out on exclusive circumstances

Article 242. Power of the Supreme Court of Ukraine by results of carrying out on exclusive circumstances

Article 243. The decision of the Supreme Court of Ukraine about satisfaction of the complaint

Article 244. The decision of the Supreme Court of Ukraine about refusal in satisfaction of the complaint

Chapter {Head} 4 CARRYING out ON НОВОВЫЯВЛЕННЫМ to CIRCUMSTANCES

Article 245. The bases for carrying out on нововыявленным to circumstances

Article 246. The right to submit the case to move for new trial of a judgement on нововыявленным to circumstances

Article 247. Term of the reference {manipulation} about revision of a judgement on нововыявленным to circumstances

Article 248. Requirements to the case to move for new trial of a judgement on нововыявленным to circumstances

Article 249. The order of representation of the case to move for new trial of a judgement on нововыявленным to circumstances

Article 250. Opening of carrying out on нововыявленным to circumstances

Article 251. Refusal of the case to move for new trial of a judgement on нововыявленным to circumstances and its {her} consequences {investigations}

Article 252. The Procedure of revision of a judgement on нововыявленным to circumstances

Article 253. The Judgement by results of carrying out on нововыявленным to circumstances

Section V REMEDIAL QUESTIONS, ПОВТЯЗАНІ With PERFORMANCE of JUDGEMENTS In ADMINISTRATIVE AFFAIRS

Article 254. Finding by a judgement of validity {enforceability}

Article 255. Consequences {investigations} of finding of validity {enforceability} by a judgement

Article 256. Court decisions which are carried out immediately

Article 257. The order of performance of judgements in administrative affairs

Article 258. The reference {manipulation} of judgements in administrative affairs to compulsory performance

Article 259. The maintenance {contents} of the court order {the writ of execution}

Article 260. Delivery of the duplicate of the court order {the writ of execution}

Article 261. Renewal of the default for presentation of the court order {the writ of execution} to performance

Article 262. Reconciliation of the parties {sides} during performance

Article 263. A delay and the installments of performance, change or establishments of a way and the order {rather} of satisfying judgement

Article 264. Replacement of the party {side} of executive carrying out

Article 265. Turn of performance of judgements

Article 266. Features of turn of performance in separate categories of administrative affairs

Article 267. The Judicial review behind performance of judgements in administrative affairs

Section of VI ACTION of REMEDIAL COMPULSION

Article 268. The bases and the order of application of actions of remedial compulsion

Article 269. Kinds of actions of remedial compulsion

Article 270. The prevention {warning} and expelling from the hall of session of the court

Article 271. Time {temporary} withdrawal of proofs for research of spasmes

Article 272. A drive

Section VII FINAL {CONCLUSIVE} And TRANSITIVE POSITIONS