of February 13, 2012 No. 460/11/13-12
To chairmen of Appeal administrative courts
Due to the receipt of appeals of courts apropos of procedure for submission of statements for review of the judgment on again revealed circumstances for relatively appeal of acts, actions or divergence of the Verkhovna Rada of Ukraine, the President of Ukraine, the Supreme council of justice the following is reported. The law of Ukraine of May 13, 2010 to No. 2181-VI "About modification of some legal acts of Ukraine concerning non-admission of abuses of the right to appeal" changes jurisdiction in rem of cases concerning appeal of acts, actions or divergence of the Verkhovna Rada of Ukraine, the President of Ukraine, the Supreme council of justice and they are carried to cognizance of the Supreme administrative court of Ukraine as Trial Court.
On content of Items 2, of 3 Final and transitional provisions of this Law after the introduction it in force (on May 15, 2010) administrative courts complete hearing of cases on which production is open on the date of entry into force of this Law, according to the procedure, which was effective before entry into force of this Law.
The administrative claims submitted about day of entry into force of this Law to the relevant administrative courts on which production is not open are transferred by the relevant administrative courts to the Supreme administrative court of Ukraine.
According to part one of article 249 of the Code of administrative legal proceedings of Ukraine the statement for review of the judgment on again revealed by circumstances is filed a lawsuit that instance which the first made mistake in case of the solution of case in result of ignorance on existence of this circumstance.
From the specified regulation it is visible that review of the judgment on again revealed by circumstances is performed by that court which made the decision about which review the corresponding application is submitted.
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