of June 12, 2009 No. 6
About some questions which arise in court practice in case of acceptance in production of administrative courts and consideration of administrative claims by them to courts and judges
For the purpose of ensuring identical and correct application of the legislation in case of acceptance in production of administrative courts and consideration of administrative claims by them to courts and judges the Plenum of the Supreme Court of Ukraine DECIDES to make to courts such explanation:
In understanding of provisions of part one of Article 2, of Items 1, of the 7 and 9 article 3, of article 17, of part three of article 50 of the Code of administrative legal proceedings of Ukraine courts and judges by consideration of civil, economic, criminal, administrative cases and cases on administrative offenses by them are not subjects of powers of authority which perform imperious managerial functions, and cannot be defendants in cases on appeal of their decisions, actions or divergence made in connection with consideration of legal cases.
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Chairman Verkhovnogo Vessels of Ukraine |
V. V. Onopenko |
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Secretary Plenuma Supreme Court Ukraine |
Yu.L.Senina |
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