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Composition
and structure
Numbers of
members :
50 Judges out of 97 are working as of June 2007
Recruitment
procedures and incompatibilities :
All Judges of the High Administrative Court of Ukraine are elected
for permanent terms by the Verkhovna Rada of Ukraine on the basis
of recommendations provided by the Highest Qualification Commission
of Judges of Ukraine upon proposal of the President of the High
Administrative Court of Ukraine.
Internal
organization :
1/ Four chambers for adjudicating different categories of
cases. The first chamber considers appeals submitted by
individuals; the second chamber examines appeals submitted by legal
entities; the third chamber focuses on cases concerning civil service
disputes and the forth chamber handles cases relating to taxation.
2/ Court Apparatus consisting of :
- Four Divisions ensuring work of the relevant chambers;
- Secretariat of the President of the High Administrative Court
of Ukraine;
- International Law and Cooperation Department;
- Department of Legislation and Generalization of Judicial Practice;
- Department of Organizational and Methodical Work;
- Registry Department;
- Human Resources and Advanced Training Department; - Financial
and Economic Department;
- Information Technology Department.
Publications
:
Official
Bulletin of the High Administrative Court of Ukraine is published
quarterly.
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Court
functions
Jurisdiction
:
The High Administrative Court of Ukraine is the court of last resort
in administrative cases and its jurisdiction extends to all public
disputes, therefore any decisions, actions or inactions on behalf
of government bodies, local self-governments and their officials
can be appealed to the administrative courts.
Organization
of the courts system :
The administrative court system of Ukraine consists of 27 circuit
administrative courts (one court in each region of Ukraine), 7 appellate
administrative courts and the court of cessation which is the High
Administrative Court of Ukraine. Moreover, in the Supreme Court
of Ukraine there is a chamber for adjudicating administrative cases.
It considers appeals in two exceptional circumstances in case of
different application of the norms by the courts of cessation instance
or recognition by the international judicial body judicial decisions
of the Ukrainian court as violating international obligations of
Ukraine.
Powers of
the judge :
The court of cessation has the right
1) to dismiss an appeal;
2) to change decision of the appellate court and reverse judgement
of the first instance court;
3) to change decision of the appellate court and affirm decision
of the first instance court;
4) to change decision of the first instance court and reverse judgment
of the appellate court;
5) to reverse judgment of the appellate court and leave decision
of the first instance court standing;
6) to reverse judgments of the first instance and appellate courts
and remand case for a new trial or writ de procedento;
7) to reverse judgments of the first instance and appellate courts
and leave suit without consideration or terminate the proceeding
in case ;
8) to declare judgments of the first instance and appellate courts
vitiated and terminate the proceeding in case;
9) to reverse judgments of the first instance and appellate courts
and render a new decision.
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Advisory
functions
Existence
and extent of an advisory authority :
The High Administrative Court of Ukraine has three bodies that have
advisory authority to some extent: the Plenum, the Presidium, the
Research Council.
The Plenum of the High Administrative Court of Ukraine renders recommendations
on the lave enforcement issues.
The Presidium of the High Administrative Court of Ukraine reviews
materials on the generalization of the judicial practice and statistics,
gives methodical assistance to the appellate and circuit administrative
courts on the issues relating to the law application.
The Research Council examines issues concerning interpretation of
the law and gives opinions on draft legislation.
Authority
and publicity of the advices :
The Plenum adopts resolutions that are published on the official
website of the High Administrative Court of Ukraine, electronic
legal base and official bulletin of the High Administrative Court
of Ukraine.
The Presidium adopts resolutions that are spread among its members.
The Research Council adopts decisions and recommendations.
Miscellaneous
remarks
According to the Law of Ukraine "On Judiciary of Ukraine"
the President of the High Administrative Court represents the High
Administrative Court of Ukraine and the system of administrative
courts in relations with the foreign countries and international
organizations.
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