of November 21, 2011 No. 2135/11/13-11
To chairmen of Appeal administrative courts
Due to the receipt from administrative courts of requests concerning application of part one of article 94 of the Code of administrative legal proceedings of Ukraine, Item 9 of the Section VI of Final and transitional provisions of the Budget code of Ukraine, the Procedure for accomplishment of decisions on money recovery state and local budgets or budgetary institutions, the Cabinet of Ministers of Ukraine approved by the resolution of August 3, 2011 845, on procedure for collection of court costs from the Government budget of Ukraine the Supreme administrative court of Ukraine reports to No. the following.
According to the subitem 3 of Item 9 of the Section VI of Final and transitional provisions of the Budget code of Ukraine in case of indisputable write-off of means of the government budget (local budgets) the Public treasurer service of Ukraine displays the corresponding budgetary obligations of the manager of budgetary funds because of whom there were such obligations in accounting. Repayment of such budget obligations is performed only within budgetary appropriations of this manager of budgetary funds. At the same time the manager of budgetary funds shall bring into accord with budgetary appropriations other undertaken budgetary obligations.
At the same time by Item 19 of the Procedure for accomplishment of decisions on money recovery state and local budgets or budgetary institutions it is determined that indisputable write-off of means state and local budgets and their transfer to the account specified in the executive document on collection of receipts of the budget and/or the statement for accomplishment of the decision on collection of receipts of the budget are performed by bodies of Treasury from the corresponding account into which such means are enlisted, by execution of settlement documents.
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