The Verkhovna Rada again failed to vote on the establishment of the Supreme Administrative Court

The Verkhovna Rada again failed to vote on draft law No. 12368 on the establishment of the Supreme Administrative Court.

This was reported by UNN with reference to MP Yaroslav Zheleznyak.

The Rada failed again (voting - ed.) on draft law No. 12368 on the establishment of the Supreme Administrative Court. It did not receive 218 votes for the basis for return and revision. Completely failed

He noted that this is the second time this law has failed to pass the Rada.

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However, he added that the Rada adopted as a basis the alternative draft law No12368-1 on the creation of the Supreme Administrative Court.

We would like to add that the draft law No12368-1 envisages the functioning of two separate courts - the Kyiv City District Administrative Court (first instance) and the Kyiv City Administrative Court of Appeal (appeal instance) - instead of a single court that combines the functions of both instances.

According to the subject of the legislative initiative, the functioning of two separate courts, as envisaged by the provisions of the draft law under reg. No. 12368-1, will contribute to improving the quality of justice, compliance with the principles of independence, objectivity and efficiency of judicial procedures.

Addendum

On January 9, the Legal Policy Committee recommended that the Verkhovna Rada adopt as a basis a draft law on the legal framework for the establishment and functioning of a specialized administrative court.

In particular, Draft Law No. 12368 was developed to establish the principles of organization and operation of the High Administrative Court, special requirements for judges of this court to effectively protect the rights, freedoms and interests of individuals, rights and interests of legal entities in the field of public law relations involving central executive authorities and other state bodies whose powers extend throughout Ukraine, as well as in other administrative cases within its jurisdiction by the procedural law.

The draft law also provides for the establishment of an Expert Council by the High Qualification Commission of Judges of Ukraine as an auxiliary body to assist it in establishing the criteria of integrity and professional competence for the purpose of qualification assessment of a candidate for the position of a judge of the High Administrative Court.

The AntAC states that the committee meeting was attended by Iryna Mudra, Deputy Head of the Presidential Office. She proposed to further worsen the draft law before the second reading. In particular, according to her, the position of the OP is that the Expert Council and international experts should participate in the selection of judges for only 3 years instead of 6 (as the draft currently provides).

She also emphasized that the Expert Council, including international experts, should be an advisory body only and cannot veto judicial candidates. Mudra also proposed to reduce the number of votes to allow a candidate to continue participating in the competition.

The new court will be responsible, among other things, for considering cases filed by citizens and businesses against a number of central authorities, such as the Cabinet of Ministers and the National Bank, demanding that their decisions be canceled. The court will also have jurisdiction over appeals against competitions for the head of the SAPO, directors of the NABU and BES, and the head of the NACP. Therefore, it is important that truly professional independent judges be appointed.

According to the AntAC, the authorities are allegedly doing everything to disrupt the transparent competition to the new court and recruit controlled judges. On December 13, Deputy Head of the Presidential Office Iryna Mudra reported that work was underway to create a new court to hear administrative cases.