of February 8, 2012 No. 373/11/13-12
To chairmen of Appeal administrative courts
In the Supreme administrative court of Ukraine the appeal of Regional Representative office of United Nations High Commission for Refugees in Belarus, Moldova and Ukraine in which the attention is paid, in particular on practice of the decision by courts of question of determination of the proper defendant in the cases connected with provision of the status of the refugee in connection with liquidation of the State committee of Ukraine for nationalities and religions according to the Presidential decree of Ukraine of December 9, 2010 No. 1085/2010 "About optimization of system of the central executive bodies" arrived and the following is reported.
According to part two of Article 81 of the Civil code of Ukraine legal entities, depending on procedure for their creation, are divided on legal entities of private law and legal entities of the public law. The legal entity of the public law is created by the ordering act of the President of Ukraine, public authority, authority of the Autonomous Republic of Crimea or local government body.
The part three of the specified Article provides that the procedure for education and legal status of legal entities of the public law are established by the Constitution of Ukraine and the law.
In particular, the procedure for education, reorganization and liquidation of the ministries and other central executive bodies is settled by article 5 of the Law of Ukraine of March 17, 2011 No. 3166-VI "About the central executive bodies" (further - the Law).
Part one of the specified Article provides that the ministries and other central executive bodies will be formed, will be reorganized and are liquidated by the President of Ukraine on representation of the Prime Minister of Ukraine.
According to part five of this Article the ministry, other central executive body stops by reorganization (merge, accession, separation, transformation) or liquidations.
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