The Verkhovna Rada plans to consider in the second reading the draft law 9197, which provides for amendments to the Code of Administrative Procedure to ensure the equality of procedural rights of all participants in the judicial process before the law and the court. UNN reports with reference to the agenda and the bill card on the parliament's website.
Details
The draft law proposes to expand the exhaustive list of court rulings against which appeals may be filed separately from the court decision (part one of Article 294 of the Code of Administrative Procedure), namely to supplement it with a ruling to dismiss an application filed in accordance with Article 383 of this Code. The draft law also proposes to improve part six of Article 383 of the CAPU in terms of providing for the possibility of appealing against a court decision to dismiss an application in accordance with Article 294 of this Code.
It is expected that this will bring certain provisions of the CAPU in line with the provisions of the Decision of the Constitutional Court of Ukraine No. 2-p(II)/2023 dated March 1, 2023, and will also contribute to improving the procedure for judicial control over the legality of the activities of the public authority and ensure the equality of procedural rights of all participants in the judicial process before the law and the court.
The explanatory note to the draft law states that the Constitutional Court of Ukraine concluded that the provisions of part one of Article 294 and part six of Article 383 of the Code of Administrative Procedure of Ukraine do not ensure the mandatory execution of a court decision and the effectiveness of judicial control over its execution, and therefore do not ensure the right to judicial protection.
The Constitutional Court of Ukraine considers that the legislator, having adopted the contested provisions of the Code of Administrative Procedure of Ukraine, which did not establish the right to appeal against a court decision to dismiss an application filed under Article 383 of the Code of Administrative Procedure of Ukraine, acted arbitrarily, since it did not take into account its legal consequences for the plaintiff and did not introduce other effective mechanisms for protecting and restoring the violated rights, freedoms, interests of the plaintiff, who seeks enforcement of a court decision in his favor
It is explained that the draft law will improve the procedural position of the plaintiff in administrative justice and ensure the equality of procedural rights of all participants in the judicial process before the law and the court.