LETTER OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of November 16, 2011 No. 2091/11/13-11

Due to the origin in court practice of the questions connected with determination of the competent evidence of posylaniye by the subject of powers of authority to the defendant and the third parties of the copy of the action for declaration and the documents attached to it, based on item 4 of part one of article 32 of the Law of Ukraine "About judicial system and the status of judges" the Supreme administrative court of Ukraine considers necessary to report the following.

According to part three of article 106 of the Code of administrative legal proceedings of Ukraine the subject of powers of authority in case of submission of the administrative claim shall enclose to the action for declaration the proof of posylaniye to the defendant and the third parties of the copy of the action for declaration and the documents attached to it.

According to part one of article 70 of the Code of administrative legal proceedings of Ukraine proofs which contain information concerning proof subject are proper. The court does not take to consideration of the proof which do not concern proof subject.

By the paragraph the twenty seventh Item 2 of the Rules of provision of services of mail service approved by the resolution of the Cabinet of Ministers of Ukraine of March 5, 2009 No. 270, it is determined that the document which confirms provision of services of mail service is the settlement document of Ukraine established according to the Law "About application of registrars of settlement transactions in the field of trade, public catering and services" forms and contents (the cash register receipt, the settlement receipt and so forth).

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