The Verkhovna Rada has adopted as a basis a draft law that plans to transfer to the Kyiv District Administrative Court and other administrative courts of Ukraine cases that have not been considered by the Kyiv District Administrative Court. The cases will be transferred before the Kyiv City District Administrative Court starts its work. This was reported by UNN with reference to MP Yaroslav Zheleznyak and draft law No. 10244.
"No. 10244 - cases not considered by the DACK, which were transferred to the Kyiv District Administrative Court and distributed among judges before the entry into force of this Law, are considered and resolved by the Kyiv District Administrative Court. It is supported by 256 MPs," Zheleznyak said.
According to the draft law, until the Kyiv City District Administrative Court starts operating, cases transferred from the Kyiv District Administrative Court in connection with its liquidation shall be considered and resolved by the Kyiv District Administrative Court.
Some pending cases will be transferred to other district administrative courts of Ukraine by automated distribution among these courts, taking into account the workload, on a random basis and in accordance with the chronological receipt of cases.
However, the transfer will not apply to cases whose jurisdiction is determined by the Code of Administrative Procedure of Ukraine:
Article 27(1) - cases involving appeals against regulatory acts of the Cabinet of Ministers of Ukraine, a ministry or other central executive body, the National Bank of Ukraine or other governmental authority;
ч. 3 of Article 276 - cases concerning appeals against actions and omissions of initiative groups of the All-Ukrainian referendum, a member of the initiative group of the All-Ukrainian referendum that violate the legislation on elections or referendum;
Article 289-1 - appealing against decisions of the central executive body that implements state policy in the field of prevention and counteraction to legalization (laundering) of proceeds from crime;
Article 289-4 - proceedings in cases of state regulation, supervision and control in the field of media.
Such cases will have to be considered by the Kyiv District Administrative Court.
Recall
In December 2022, the Verkhovna Rada voted for draft law No. 5369 on the liquidation of the Kyiv District Administrative Court. The KDAC is known for numerous scandals. In particular, on July 17, 2020, SAPO prosecutors and NABU detectives served suspicion notices to the then KDAC chairman Pavlo Vovk, his deputy, five judges of the court, the head of the State Judicial Administration of Ukraine, and four other people.
At the same time, the Rada voted to establish the Kyiv City District Administrative Court.
The investigation established that the above-mentioned persons (12 people), headed by the KDAC Chairman, acted as part of a criminal organization aimed at seizing state power by establishing control over the High Qualification Commission of Judges of Ukraine (HQCJ) and the High Council of Justice (HCJ) and creating artificial obstacles to their work.
In 2020, the Kyiv Court of Appeal confirmed the decision that Pavlo Vovk is not a suspect in the case of the so-called "DACK tapes" investigated by the NABU.
In June 2022, the case of the "Vovk tapes" was brought to court.
In February, the High Qualification Commission of Judges of Ukraine recognized Judge Pavlo Vovk as having failed to prove his ability to administer justice in the Administrative Court of Cassation within the Supreme Court. Vovk wanted to become a judge of the Supreme Court.