of December 26, 2005 No. 3.2.-2005
About application by economic courts of Ukraine of provisions of the procedural legislation concerning delimitation of competence between specialized administrative and economic courts
Materials of economic cases testify to ambiguity of court practice concerning application by economic courts of Ukraine of provisions of the procedural legislation which concerns differentiation of competence between specialized administrative and economic courts. For the purpose of ensuring unity of court practice it is necessary to consider the following.
The analysis of current edition of the Code of administrative legal proceedings of Ukraine (further - CASH DESKS of Ukraine) does not allow to formulate the general rule according to which there will be differentiation of competence between administrative and economic courts. To the solution of this problem at the legislative level it is offered in case of determination of criteria of separation of disputes on administrative and economic to consider the following:
1. Definition of the concept "case of administrative jurisdiction" is given in Article of 3 CASH DESKS of Ukraine which is understood as the public dispute transferred to the decision of administrative court in which at least one of the parties is the subject which performs imperious managerial functions based on the legislation, including on accomplishment of the delegated powers.
I.e., the dispute which arose between two (several) specific subjects of society concerning their rights and obligations in specific legal relations in which at least one subject is legislatively authorized to direct imperiously behavior of another (other) subjects can be transferred by case of administrative jurisdiction to the decision of administrative court, and these subjects respectively shall fulfill requirements and instructions of such imperious subject.
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