Supreme Court Head calls on President to reinstate administrative court
On 15 October 2008 the Head of the Supreme Court sent a letter to the President regarding the need to revoke Presidential Decree No. 922/2008 of 13 October which dissolved the Kyiv District Administrative Court and created Central and Left Bank District Administrative Courts.
The letter speaks of grave infringements of the procedure for dissolution and creation of courts set down in the Constitution and laws of Ukraine.
For example, Article 106 § 23 of the Constitution stipulates that the President shall create courts in accordance with legally established procedure. According to Article 20 § 1 of the Law “On the Judicial System of Ukraine”, courts of general jurisdiction are created and dissolved by the President of Ukraine as per this Law at the submission of the Ministry of Justice, agreed with the Head of the Supreme Court or the Head of the relevant higher specialized court.
The Head of the Supreme Court received no submission from the Ministry of Justice on the creation and dissolution of the above-mentioned courts for its agreement and they were accordingly not agreed.
According to information from the Head of the Higher Administrative Court O. M. Pasenyuk (letter from 15 October 2008 № 1720/18/13-08), no submission from the Ministry of Justice was agreed with them either.
Furthermore, in accordance with Article 20 § 3 of the Law “On the Judicial System of Ukraine”, the grounds for the creation or dissolution of a court are a change in the administrative – territorial system, dislocation of forces or reorganization of the Armed Forces of Ukraine, a change in the system of courts set down in the Law, as well as other grounds envisaged in law.
The Head of the Supreme Court of Ukraine states that at the moment when the Presidents Decree No. 922/2008 was issued, none of the grounds envisaged by Article 20 § 3 of the Law “On the Judicial System of Ukraine” existed.