The Code of Administrative Proceedings of Ukraine

The Code of Administrative Proceedings of Ukraine

Date of entry into force: September 1, 2005

The Code of Administrative Proceedings of Ukraine shall identify powers of administrative courts regarding the examination of cases of administrative jurisdiction, the procedure for addressing administrative courts and the procedure for carrying out administrative proceedings.

The objective of administrative proceedings shall be to protect rights, freedoms and interests of private individuals, and also rights and interests of legal entities in the area of public and legal relations from violations on the part of government bodies, bodies of local government, their officials and functionaries, and also other institutions when they fulfill their authoritative managerial functions on the basis of the legislation, including for the purpose of fulfilling delegated powers.

The Code envisages that any decisions, actions of inaction of subjects of authoritative powers may be appealed to administrative courts, except for the instances, when a different procedure for legal proceedings was established by the Constitution of Ukraine or the Ukrainian laws with respect to such decisions, actions of inaction.

In cases related to appealing against decisions, actions of inaction of subjects of authoritative powers, administrative courts shall examine whether they have been adopted (committed), in particular: · with the use of powers for the purpose for which these powers were granted; · in a justified manner, that is, with due consideration for all circumstance that are important for making decisions (committing actions); · in good faith; · with due consideration for the right of an individual to participate in the decisionmaking process.

In administrative cases, justice shall be administered by administrative courts, whose jurisdiction shall cover all public and legal disputes, except for disputes for which the law established a different procedure for the resolution in courts.

A court decision that constitutes the end of the examination of a case in an administrative court shall be adopted in the name of Ukraine. Resolutions and decisions of a court in administrative cases that have come into force shall be mandatory for the fulfillment on the entire territory of Ukraine. The failure to fulfill court decisions shall entail responsibility.

Administrative proceedings shall be carried out in the official language.

The competence of administrative courts shall include: · disputes between private individuals or legal entities and a subject of authoritative powers regarding an appeal against its decisions (regulations, pieces of legislation or legal acts of individual force), actions or inaction; · disputes related to hiring citizens for the public service, carrying out the public service and dismissing from the public service; · disputes between subjects of authoritative powers regarding the implementation of their competence in the area of governance, including delegated powers, and also disputes that arise because of the conclusion and the fulfillment of administrative contracts; · disputes on the basis of an address of a subject of authoritative powers in the instances established by the law; · disputes related to legal relationships that deal with the production process or the process of a referendum.

The competence of administrative courts shall not apply to public and legal cases: · that constitute the jurisdiction of the Constitutional Court of Ukraine; · that shall be resolved according to the procedure for criminal proceedings; · that deal with the imposition of administrative fines; · that deal with the relations that, according to the law or the statute (regulation) of an association of citizens are included into its internal activity or exclusive competence.

The following shall be under the jurisdiction of local common law courts as administrative courts: · administrative cases where one of the parties is a body or an official of local government, an official or a functionary of a body of local government, except for those that are under the jurisdiction of district administrative courts; · all administrative cases related to decisions, actions or inaction of subjects of authoritative powers in cases that deal with bringing to administrative responsibility.

District administrative courts shall have the jurisdiction that covers administrative cases where one of the parties is a government body, another government body, a government body of the Autonomous Republic of Crimea, their official or functionary, except for cases that deal with their decisions, actions or inaction in cases related to administrative misdemeanors.

The Code envisages that the jurisdiction of the Highest Administrative Court of Ukraine as a court of the first and the last instance shall cover cases related to: · the establishment of the results of elections or a national referendum by the Central Election Commission; · the cancellation of registration of a candidate for the position of the President of Ukraine.

Administrative cases shall be resolved by an administrative court at the location of the defendant. However, cases related to appealing against legal acts of individual force and also actions or inaction of subjects of authoritative powers that deal with interests of a specific individual shall be resolved by administrative courts at the place of residence (stay or location) of the plaintiff. Administrative cases related to appealing against regulations and pieces of legislation of the President of Ukraine, the Cabinet of Ministers of Ukraine, a ministry, or other central body of executive power whose powers cover the entire territory of Ukraine, and so on shall be resolved by a district administrative court whose territorial jurisdiction covers the city of Kyiv.

The Code establishes the instance-specific jurisdiction of administrative cases: · local administrative courts (local common law courts as administrative courts and district administrative courts) and also the Highest Administrative Court of Ukraine in the instances specified by the present Code shall resolve administrative cases as courts of the first instance; · administrative courts of appeal shall reconsider court decisions of local administrative courts (local common law courts as administrative courts) that are located within the limits of their territorial jurisdiction according to the procedure for appeal as courts of the appellate instance; · the Highest Administrative Court of Ukraine shall reconsider court decisions of local administrative courts and administrative courts of appeal according to the procedure for cassation as a court of the cassation instance. According to the Code (part six of Article 177), the Highest Administrative Court of Ukraine shall reconsider court decisions of a district administrative court whose territorial jurisdiction covers the city of Kyiv according to the procedure for appeal as courts of the appellate instance.

All administrative cases in a court of the first instance, except for the instances stipulated by the Code, shall be examined and resolved by a judge individually (Article 23 of the Code). Administrative cases where the subject of appeal is decisions, actions or inaction of the President of Ukraine, the Cabinet of Ministers of Ukraine, a ministry, or other central body of executive power, the National Bank of Ukraine, their officials or functionaries, an election commission (a referendum commission), or a member of such a commission shall be examined and resolved in a district administrative court by a panel consisting of three judges.

Also, administrative cases shall be examined and resolved in a district administrative court by a panel consisting of three judges upon a petition of one of the parties regarding collective examination of the relevant case or upon the initiative of a judge, if the relevant case is particularly complicated.

Court decisions in administrative cases shall be reconsidered according to the procedure for appeal by a panel consisting of three judges and according to the procedure for cassation by a panel consisting at least of five judges.

All issues arising in the course of the court examination of an administrative case by a panel of judges shall be resolved by the majority of votes of judges. In making a decision on each issue, none of the judges shall have the right to abstain from voting on and signing the relevant court decision. The chairman in a court session shall be the last to vote.

A judge may not participate in the examination of an administrative case and shall be excepted: · if he or she has participated in the examination of this case or a related case as a representative, secretary of a court session, a witness, an expert, a specialist, a translator, or an interpreter; · if he or she is directly or indirectly interested in the result of the examination of the relevant case; · if he or she is a family member or a close relative (husband, wife, mother, father, step-father, step-mother, son, daughter, and so on) of a party or other individuals that participate in the relevant case; · if there are other circumstances that raise doubts regarding the impartiality of the relevant judge.

In the instance of except (self-except), a court shall listen to the individual who was subject to except if this individual wants to provide explanations and also the opinion of individuals who participate in the relevant case. The issue of except shall be resolved in the retiring room by a decision of the court that is examining the relevant case. The announcement on except of several judges or the entire composition of a court shall be resolved by a simple majority of votes. The decision on the results of examining the issue of except (self-except) shall not be appealed against separately. Objections to the relevant decision may be included into the appeal or cassation against the resolution or the decision of a court adopted upon the results of examining the relevant case.

In the instance of satisfying the request for except (self-except) of a judge who is examining the case individually, the relevant administrative case shall be examined in the same administrative court by another judge (Article 32 of the Code). In the instance of satisfying the request for except (selfexcept) of one of the judges or the entire composition of a court, if the relevant case is examined by a panel of judges, such an administrative case shall be examined in the same administrative court by the same quantitative composition of a panel of judges without the participation of the relevant judge or by a different composition of judges.

Court summons and court notifications shall be envisaged by Section 3 of the Code. They shall be implemented through subpoenas on being summoned to a court and notice papers. Subpoenas on being summoned to a court shall be delivered to individuals who participate in the relevant case, to witnesses, experts, specialists, translators, interpreters, while notice papers shall be delivered to individuals who participate in the relevant case because of committing procedural actions where the participation of such individuals is not mandatory. Subpoenas shall be delivered against receipt. Also, they may be handed over directly in court.

Section 4 of the Code shall provide for the recording of the administrative process. At the time of the court examination of an administrative case, the relevant court shall ensure full recording of a court session with the help of a sound recording technical device. Such recording shall be carried out by the secretary of a court session or, upon the relevant instruction of the chairman, by another employee of the court office. The information carrier to which the technical recording of a court session was recorded (tape, floppy disk, compact disc, and so on) shall constitute an appendix to the court minute book and shall be enclosed to the materials of the relevant case after the end of the relevant court session.

Simultaneously with technical recording of a court session, the secretary of a court session shall keep the court minute book. Individuals who participate in the relevant case shall have the right to familiarize themselves with technical recording and the court minute book and, within seven days from the date of announcing the decision in the relevant case, to submit written comments regarding their incompleteness or incorrectness to the court. The chairman shall examine these comments regarding technical recording and the court minute book and adopt the relevant decision thereon.

The secretary of a court session shall draw up a protocol on committing a separate procedural action outside the room of a court session or at the time of fulfilling a court commission. After such a protocol has been drawn up and all present individuals that participate in the relevant case, witnesses, experts, specialists, translators, and interpreters familiarized themselves with it, it shall be signed by the secretary of a court session and the judge. Present individuals who participate in the relevant case, witnesses, experts, specialists, translators, and interpreters may submit their comments that shall be enclosed to the protocol. Such a protocol shall be enclosed to the relevant administrative case.

Parties to an administrative process shall be the plaintiff and the defendant. A plaintiff in an administrative case may be Ukrainian citizens, foreigners or stateless individuals, enterprises, institutions, organizations (legal entities), and subjects of authoritative powers. A defendant in an administrative case shall be a subject of authoritative powers.

Third individuals that lay independent claims to the subject of a dispute may enter into the relevant case at any time before the end of the court examination, by presenting an administrative claim to the parties. The satisfaction of an administrative claim of such individuals shall fully or partly include the satisfaction of claims of the plaintiff to the defendant. In the instance when third individuals that lay independent claims to the subject of a dispute enter the relevant case, the examination of an administrative case shall begin all over again.

Evidence in administrative proceedings shall be any actual data on the basis of which the relevant court shall establish the existence of circumstances that justify the claims and objections of individuals that participate in the relevant case, and other circumstances that are important for correct solution of the relevant case. These data shall be established by the relevant court on the basis of explanations of third individuals and other representatives, statements of witnesses, written and physical evidence, and conclusions of experts.

Legal costs shall consist of a court fee and expenditures related to the examination of a case. Expenditures related to the examination of a case shall include: · expenditures on legal assistance; · expenditures of the parties and their representatives related to their arrival to the court; · expenditures related to the involvement of witnesses, specialists, translators, and interpreters, and to the holding forensic examinations; · expenditures related to the examination of evidence at the site and the committing of other actions needed to examine the case.

An administrative claim may be submitted within the limits of a deadline for addressing an administrative court. Procedural deadlines shall be the deadlines established by the law or a court within the limits of which procedural actions shall be committed (Article 101 of the Code).

An administrative claim shall be submitted to an administrative court in the form of a written statement of claim by the plaintiff in person or by their representative. A statement of claim may be sent to an administrative court by post.

After receiving such a statement of claim, the relevant judge shall ascertain: · whether this statement of claim was submitted by an individual who has administrative procedural legal capacity; · whether the representative has all appropriate powers (if the statement of claim was submitted by the representative); · whether this statement of claim meets the requirements established by Article 106 of the Code; · whether this statement of claim is subject to examination according to the procedure for administrative proceedings and whether this statement of claim is within the jurisdiction of the given administrative court; · whether there are other grounds for returning the statement of claim or refusing to open proceedings in an administrative case.

The issue of opening proceedings in an administrative case shall be resolved by the relevant judge not later than the next day after the statement of claim was delivered to the relevant administrative court or the expiry of the deadline established for removing drawbacks in the relevant statement of claim in the instance of abandoning the relevant statement of claim. The relevant judge shall adopt the decision on opening proceedings in an administrative case or refusing to open proceedings in an administrative case. The decision on opening proceedings in an administrative case shall indicate: · name of the administrative court, last name and initials of the judge who opened proceedings in an administrative case and the number of the relevant case; · who and to whom laid the relevant administrative claim; · the essence of the plaintiff’s claim; · the date, time and place of the preliminary court session, if the court thinks it is necessary to hold it; · the proposal for the defendant to submit written objections to the claim and evidence that they have within the indicated deadline; · what composition of the court shall examine the case.

Before the court examination of an administrative case, the court shall take measures for the comprehensive and objective examination and solution of the relevant case within the limits of one court session during a reasonable period of time. For this purpose, the court may: · make a decision to request documents and other materials; make the needed inquiries; examine written and physical evidence at the site, if it cannot be delivered to the court; appoint an expert examination, and resolve the issue regarding the need to involve witnesses, a specialist, a translator, or an interpreter; · make a decision on mandatory personal participation of individuals who participate in the relevant case in a court session and on the involvement of third individuals in the relevant case; · summon witnesses, experts, specialists, translators, and interpreters to the court examination of the relevant administrative case; · make a decision to hold the preliminary court session.

At the time of preparatory proceedings, individuals that participate in the relevant case may familiarize themselves with the materials of the relevant administrative case and take extracts from these materials and make copies of these materials. The court may adopt a decision on mandatory personal participation of parties or third individuals in a court session. It shall be possible to summon a party or a third individual for personal explanations even when their representatives participate in the relevant court examination.

Upon the results of preparatory proceedings, the court shall make a decision on: · leaving the statement of claim without examination; · suspending proceedings in the relevant case; · closing proceedings in the relevant case; · completing preparatory proceedings and assigning the relevant case for the court examination.

An administrative case shall be examined and resolved within a reasonable period of time, but not longer than two months from the date of opening proceedings in the relevant case.

The court examination of administrative cases shall be carried out at a court session with summoning of individuals that participate in the relevant case, after the completion of preparatory proceedings. At the time of the examination of the relevant case by a court of the first instance, the chairman of a court session shall be the judge who carried out preparatory proceedings. The chairman of a court session shall manage the course of a court session, ensure the adherence to consistency and the procedure for committing procedural actions, direct the court examination to ensure complete, comprehensive and objective ascertainment of the circumstances in the relevant case, eliminating all things that are not important for the solution of the relevant case from the court examination.

The relevant court shall postpone the examination of the relevant case in the instance when: · a party (parties) or any other individuals that participate in the relevant case but regarding whom there are no information that subpoenas were handed over thereto does (do) not attend a court session; · the plaintiff who was appropriately informed about the date, time and place of the court examination does not attend a court session, if he or she has not sent/submitted a statement asking to examine the relevant case in their absence; · the defendant that is not a subject of authoritative powers and that was appropriately informed about the date, time and place of the court examination does not attend a court session, if he or she has not sent/submitted a statement asking to examine the relevant case in their absence; · if the court decided that personal participation of an individual who participates in the relevant case at the court examination was mandatory, but this individual failed to attend such a court session.

The failure of the representative of a party or a third individual to attend a court session without a valid reason or their failure to inform the court about the reasons behind their failure to attend a court session shall not be an obstacle to the examination of the relevant case. However, upon a petition of a party and with due consideration for the circumstances in the relevant case, the court may postpone the examination of the relevant case.

Provisions of the Code (Article 155) provide for the instances when the court leaves a statement of claim without examination by way of its decision, in particular, if: · the relevant statement of claim was submitted by an individual who does not have administrative procedural legal capacity; · the statement of claim was submitted by an individual on behalf of the plaintiff, but such an individual does not have the powers to act in the relevant case; · this given administrative court or another administrative court is carrying out proceedings in an administrative case related to a dispute between the same parties, about the same subject and under the same circumstances; · the plaintiff has repeatedly failed to attend a court session without valid reasons or without their notification about the reasons behind their failure to attend, unless he or she has sent/submitted a statement asking to examine the relevant case in their absence; · the court received a petition of the plaintiff asking to postpone their statement of claim.

The court shall adopt a decision on leaving a statement of claim without examination. The decision of a court on leaving a statement of claim without examination may be appealed.

The court shall terminate proceedings in the relevant case in the instance of: · the death of an individual who was a party to the relevant case or the announcement of such an individual dead according to the procedure established by the law, if dispute-related legal provisions allow for legal succession, and also the elimination of a body or merger, affiliation, partition, or transformation of a legal entity that was a party to the relevant case – until the establishment of legal succession; · the need to appoint or replace a legal representative of a party or a third individual – until the relevant court decision in another case comes into force; · the address of both parties with a petition to give them time for reconciliation – until the expiry of the period for which the parties asked in their petition.

The court shall close proceedings in a case: · if the relevant case is not subject to examination according to the procedure for administrative proceedings; · if the plaintiff resigned their administrative claim and this resignation was accepted by the court; · if the parties have reconciled; · if there is a resolution or a decision of the court on the same dispute between the same parties that has already come into force; · in the instance of the death of an individual who was a party to the relevant case or the announcement of such an individual dead according to the procedure established by the law, if dispute-related legal relationships do not allow for legal succession, or the elimination of an enterprise, an institution or an organization that was a party to the relevant case.

A court decision that is used by the court to resolve the relevant dispute per se shall be presented in the form of a resolution. A court decision that is used by the court to terminate or to close proceedings in the relevant case, to leave the relevant statement of claim without examination, or make the decision on other procedural actions or petitions shall be presented in the form of a decision.

In separate categories of administrative cases, specific proceedings shall, in particular, be applied to the following cases: · related to appeals against regulations and pieces of legislation; · related to appeals against decisions, actions or inaction of election commissions, referendum commissions and members of these commissions; · related to the adjustment of the list of voters; · related to appeals against decisions, actions or inaction of bodies of executive power, bodies of local government, the mass media, enterprises, institutions, organizations, their officials and functionaries, or creative employees of the mass media that violate the legislation on elections and referendum; · related to appeals against actions or inaction of candidates, their authorized representatives, a party (a bloc), a local organization of a party (a bloc of local organizations of parties), their officials and authorized individuals, initiative groups for a referendum, other subjects that initiate a referendum, or official observers from subjects of the election process; · related to the cancellation of registration of a candidate for the position of the President of Ukraine; · related to pre-term termination of powers of a People’s Deputy of Ukraine in the instance of their failure to fulfill the requirements to incompatibility.

A court of the appellate instance in administrative cases shall be an administrative court of appeal within the limits of whose territorial jurisdiction is the local administrative court that made the relevant decision.

First, a statement of appeal regarding the relevant appeal against a decision of a court of the first instance shall be submitted. Justification for the motives behind this appeal and claims to the court of the appellate instance shall be presented in the appeal. The statement of appeal and the appeal shall be submitted to an administrative court of the appellate instance through the court of the first instance that adopted a court decision that is being appealed against. Simultaneously, a copy of the appeal shall be sent by an individual that is submitting it to the court of the appellate instance. The statement of appeal against a resolution of the court of the first instance shall be submitted within ten days from the date of its announcement and, in the instance of drawing up the relevant resolution in full, – from the date of drawing it up in full. The appeal against a resolution of the court of the first instance shall be submitted within twenty days after submitting the statement of appeal.

The court of the appellate instance shall reconsider court decisions of the court of the first instance within the limits of the appeal. The court of the appellate instance may go beyond the limits of the appeal in the instance of establishing, at the time of appeal proceedings, violations committed by the court of the first instance that resulted in incorrect resolution of the relevant case. The court of the appellate instance may examine new evidence that was not examined in the court of the first instance upon its own initiative or upon the petition of individuals that participate in the relevant case, if it recognizes that this non-provision of such evidence to the court of the first instance was justified or that their rejection by the court of the first instance was not justified. The court of the appellate instance may also examine the evidence that was examined by the court of the first instance with violations of the requirements of the Code.

Based on the results of examining an appeal against a resolution of the court of the first instance, the court of the appellate instance shall have the right: · to leave the appeal without satisfaction and the relevant resolution of the court without changes; · to replace the relevant resolution of the court; · to cancel the relevant resolution of the court and to adopt a new resolution of the court; · to cancel the relevant resolution of the court and to leave the statement of claim without examination or to close proceedings in the relevant case; · to recognize the relevant resolution of the court null and void and to close proceedings in the relevant case; · to cancel the relevant resolution of the court and to refer the relevant case to a new examination to the court of the first instance.

The court of the appellate instance shall leave the appeal without satisfaction and the relevant resolution of the court without changes, if it recognizes that the court of the first instance has correctly ascertained the circumstances of the relevant case and adopted a court decision with the adherence to the norms of the substantive law and the procedural law. After the completion of appeal proceedings, the relevant case shall be referred to the administrative court of the first instance that had examined it not later than within a seven-day period.

The court of the cassation instance in administrative cases shall be the Highest Administrative Court of Ukraine.

Decisions of a court of the first instance after their reconsideration according to the procedure for appeal and also decisions of a court of the appellate instance may be appealed against according to the procedure for cassation, if they constitute an obstacle to further proceedings in the relevant case. Objections to other decisions can be included into the cassation against a court decision approved on the basis of the results of appeal proceedings. The grounds for cassation may be violations of the norms of the substantive law and the procedural law by the relevant court.

The Code envisages that the cassation shall be submitted directly to the administrative court of the cassation instance. The cassation against court decisions shall be submitted within one month after the coming into force of the relevant court decision of the court of the appellate instance and, in the instance of drawing up a resolution in full, – after the date of drawing up the relevant resolution in full. The cassation submitted after the expiry of the above-mentioned deadline shall be left without examination, if, on the basis of a statement submitted by the individual that has submitted the cassation, the court of the cassation instance does not find the grounds for renewing the deadline, which shall be the reason for approving the relevant decision thereon.

Having received a cassation, the reporting judge shall decide on the issue of opening the relevant cassation proceedings within a five-day period and adopt the relevant decision thereon and request the case. The reporting judge shall return the cassation submitted after the expiry of the deadline for cassation to the individual that has submitted it, if such an individual does not raise the question of renewing the relevant deadline.

The reporting judge shall refuse to open cassation proceedings in a case, if: · the case is not subject to the cassation examination according to the procedure for administrative proceedings; · the relevant case has not been examined according to the procedure for appeal; · there is a decision on closing cassation proceedings because of the rejection of this individual from the cassation against the same court decision; · there is a decision on rejecting the cassation of this individual or on refusing to open cassation proceedings under this cassation against the same court decision.

A copy of the decision on returning the cassation or on refusing to open cassation proceedings along with materials enclosed to the cassation shall be delivered to the individual who has submitted the cassation, while the cassation shall be left with the court of the cassation instance.

Preliminary examination of a case shall be carried out within five days after the reporting judge has drawn up a report without informing the individuals who participate in the relevant case. During the preliminary court session, the reporting judge shall report to a panel of judges on the circumstances needed to adopt a court decision by the court of the cassation instance. The court of the cassation instance shall reject the cassation and leave the decision without changes, if there are no grounds for canceling the relevant court decision.

A case shall be appointed for examination at a court session, if at least one judge from the composition of the relevant court reached such a conclusion. A decision shall be adopted on the appointment of the relevant case for examination at a court session and shall be signed by the entire composition of the relevant court.

After opening a court session and deciding on petitions of individuals that participate in the relevant case, the reporting judge shall report, to the necessary extent, on the essence of court decisions that are being appealed against, the cassation and objections thereto.

Based on the results of examining the cassation, the court of the cassation instance may, by way of its resolution, change the resolution of the court of the first instance or the court of the appellate instance or adopt a new resolution, with the help of which the court of the cassation instance shall satisfy or shall refuse to satisfy the plaintiff’s claims. After the completion of cassation proceedings, the relevant administrative case shall be referred to the administrative court of the first instance not later than within a seven-day period, unless otherwise is stipulated in the court decision made by the court of the cassation instance.

The court that reconsiders court decisions under exceptional circumstances shall be the Supreme Court of Ukraine. Reconsideration of court decisions under exceptional circumstances shall be a type of cassation proceedings.

Court decisions in administrative cases may be reconsidered by the Supreme Court of Ukraine under exceptional circumstances, if they are being appealed against on the basis of the following motives: · unequal application of one and the same norm of the law by a court (courts) of the cassation instance; · the recognition of court decisions by an international judicial institution whose jurisdiction was recognized by Ukraine as decisions that violate international commitments of Ukraine.

A complaint shall be submitted within one month from the date of revealing the circumstances that may be the ground for proceedings under exceptional circumstances. A complaint submitted after the expiry of the above-mentioned deadline shall be left without examination, if, on the basis of a statement submitted by the individual that has submitted the complaint, the Supreme Court of Ukraine does not find the grounds for renewing the deadline, which shall be the reason for approving the relevant decision thereon.

A complaint shall be submitted directly to the Supreme Court of Ukraine with copies of the complaint corresponding to the number of individuals that participate in the relevant case. It shall be necessary to enclose copies of the relevant court decisions that are being appealed against to the complaint.

The Supreme Court of Ukraine shall satisfy a complaint in the instance of revealing unequal application of one and the same norm of the law by a court (courts) of the cassation instance. If the Supreme Court of Ukraine ascertains that the appealed court decision is illegal, it shall cancel it in full or in part and refer the relevant case for a new examination to the court of the first instance, the court of the appellate instance or the court of the cassation instance, depending on the following fact: the court of which instance was the first one to commit the violation of the relevant norm of the substantive law and the procedural law that resulted in incorrect resolution of the relevant case. The Supreme Court of Ukraine may also cancel court decisions of courts of the appellate instance or courts of the cassation instance and uphold mistakenly cancelled court decisions of courts of the first instance or courts of the appellate instance.

If, in the instance of revealing unequal application of one and the same norm of the law by a court (courts) of the cassation instance, the Supreme Court of Ukraine ascertains that the appealed court decision is legal, it shall refuse to satisfy the complain and shall ascertain the violation that was committed in another court decision of the relevant court of the cassation instance that has not been appealed against.

The Code envisages that a resolution or decision of a court of the first instance shall come into force after the expiry of the deadline for submitting a statement of appeal. If a statement of appeal has been submitted, but the appeal has not been submitted within the deadline established by the Code, the relevant resolution or decision of a court of the first instance shall come into force after the expiry of the relevant deadline.

In the instance of submitting an appeal, a court decision, if it has not been cancelled, shall come into force after the completion of the appeal examination of the relevant case. If the deadline for appeal is renewed, it shall be considered that the relevant resolution or decision of a court has not come into force.

A resolution or decision of a court of the appellate instance or a court of the cassation instance based on the results of reconsideration and a resolution of the Supreme Court of Ukraine shall come into force from the moment of their announcement. Decisions of a court that may not be appealed against shall come into force from the moment of their announcement.

If necessary, the way, the deadlines and the procedure for fulfilling the relevant decision may be identified in the court decision itself. In the same manner, the obligation to ensure the fulfillment of the relevant decision may be placed upon the relevant subjects of authoritative powers. A court decision that has come into force or that shall be fulfilled immediately shall be the ground for fulfilling it.

A court that adopted a court decision in an administrative case shall have the right to impose an obligation on the subject of authoritative powers, where the adopted court decision is not in favor of the relevant subject, to submit a report on the fulfillment of the relevant court decision within the deadline established by the relevant court.