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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of December 19, 2008 No. 17

About some questions which arise in court practice concerning claims to bodies of judicial self-government

For the purpose of ensuring identical and correct application of the legislation in case of receipt in production of courts of administrative claims to bodies of judicial self-government the Plenum of the Supreme Court of Ukraine DECIDES to make to courts such explanations:

1. In the context of Article part one provisions 2, of Items 1, 7 and 9 parts one of Article 3, of Article 17, of part three of article 50 of the Code of administrative legal proceedings of Ukraine bodies of judicial self-government (meetings of judges, conferences of judges, congress of judges of Ukraine, judicial council), their authorized persons (presiding over meetings, conferences of judges, congress of judges of Ukraine, their members (delegates), chairmen, their deputies, members of judicial councils) when implementing of actions (divergence) by them or decision making, the functions of judicial self-government connected with realization, are not subjects of powers of authority and cannot be defendants in the corresponding administrative cases. Competence of administrative courts according to article 17 of the Code of administrative legal proceedings of Ukraine does not extend to consideration of such disputes.

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