Unofficial

LETTER OF THE SUPREME ADMINISTRATIVE COURT OF UKRAINE

of August 27, 2012 No. 1909/12/13-12

Due to the origin in court practice of problematic issues concerning calculation of procedural terms, in particular terms of opening of production in administrative case, considers stipulated in Clause 107 Codes of administrative legal proceedings of Ukraine, the Supreme administrative court of Ukraine necessary to pay attention to it.

In understanding of the Code of administrative legal proceedings of Ukraine (further - KAS of Ukraine) procedural terms are the terms of making of legal proceedings established by the law or court.

Term for the solution of question of opening of production in administrative case is stipulated in Clause 107 KAC Ukraine according to which part four the judge solves the specified question within three days from the date of receipt of the action for declaration in administrative court or the terminations of the term established for remedial action of the action for declaration, in case of leaving of the action for declaration without movement and not later than next day from the date of obtaining by court according to the procedure, provided by part three of this Article, information on the place of residence (stay) of physical person.

General rules of calculation of procedural terms are determined by article 103 KAS of Ukraine.

The term provided by part four of article 107 KAS of Ukraine for the solution of question of opening of proceeedings is procedural term, therefore, is calculated according to the procedure, stipulated in Clause 103 these Codes.

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