15:05 23.02.2021

Supreme Court head: we look forward to dialogue on bill on transfer of cases from administrative courts

3 min read
Supreme Court head: we look forward to dialogue on bill on transfer of cases from administrative courts

The transfer of cases from district administrative courts to the Supreme Court, which is proposed by bill No. 5067, will affect the timing of their consideration, due to which a dialogue with the authors of this initiative and the profile committee of the Verkhovna Rada is required, Head of the Supreme Court Valentyna Danishevska said.

Danishevska told Interfax-Ukraine that the Supreme Court already has three years of experience in considering administrative cases as a court of first and/or appellate instances, therefore, the transfer to it for consideration of cases on appeal of regulatory legal acts of executive authorities, the National Bank of Ukraine, other subjects of power as a court of first instance will not be something new for judges.

"At the same time, it should be remembered that the Supreme Court is a court of cassation, one of the main functions of which is to ensure the consistency and unity of judicial practice in all categories of cases," the court's head said.

She drew attention to the fact that the Supreme Court considers on average 90,000 to 100,000 cases per year, which is a serious burden for the cassation court.

Danishevska said the legislator regularly establishes additional cassation filters to restrict access to the Supreme Court of minor categories of cases.

She believes the transfer must maintain a balance of reasonableness, including with respect to the temporary nature of such actions, since the Supreme Court must ensure a high-quality cassation review of disputes in all jurisdictions.

"We have carried out a preliminary statistical analysis and if all cases stipulated by bill No. 5067 are transferred to the Supreme Court from the district administrative courts, which is more than 5,000 cases, then the rates of receipts to the Administrative Court of Cassation will increase by at least a quarter, and the figures for the Grand Chamber – three times. This, certainly, will affect the timing of the consideration of cases in the Administrative Court of Cassation in the Grand Chamber, as well as block the performance of its main functions by the Grand Chamber," the head of the Supreme Court said.

Thus, she said possible alternatives should be discussed.

"The law may stipulate that cases on appeals against normative legal acts of central executive authorities are subject to consideration by the Supreme Court, but in order to ensure proper consideration of cases within a reasonable time frame, alternative solutions to the problem should be considered. I hope that in the near future we will together with the authors of this initiative and the profile committee of the Verkhovna Rada, we will have a professional discussion on this issue," Danishevska said.

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