Supreme Court of Ukraine: law is violated by judges

In April 2009 the Supreme Court of Ukraine (SCU) along with the Council of Judges of Ukraine (CJU) looked into functioning of one of the sub-systems of the court system of Ukraine, namely into the work of administrative courts.

SCU found that it was common for all courts of the administrative jurisdiction to allow the following violations of the law: abuse of subject competence and of territorial jurisdiction.

SCU discovered that administrative courts adjudicated in matters which were clearly beyond their jurisdiction, for example, land disputes, disputes over ownership on real estate, disputes over privatization of state property. Other drawbacks were also found. Indignant SCU issued its letter reminding judges of administrative courts about their rights and duties.

In November 2009 SCU and CJU again considered functioning of administrative court in order to check whether all the recommendations and advises were followed.

SCU and CJU stated that in general there were notable steps toward improvement of the situation. At the same time SCU expressed its concern about lasting negative trends in some areas of administrative courts activities. Taken measures are superficial, ill-founded and not in line with current laws of Ukraine.

The Supreme Administrative Court failed to submit information on measures taken to incorporate legal positions of the SCU into practice of administrative courts. The most remarkable problems, namely abuse of subject competence and of territorial jurisdiction, are still observed. Administrative courts, including the Supreme Administrative Court, are still adjudicating beyond their competence - land disputes and disputes over ownership etc.

SCU and CJU again issued directives for judges of administrative courts in order to get their activities in line with applicable laws of Ukraine.

Taking into account that “April Theses” were weakly obeyed to one may expect that November points will follow the trend. Of course, persistent attention of SCU to functioning of administrative court would have effect, provided judges adhering to the same violations of law were brought to responsibility of even expelled from the system.

We would stress that the situation in administrative courts shall raise significant concerns in the society and political establishment, because recently adopted law on compulsory acquisition of land somehow made circuit administrative courts the first instance to adjudicate on eminent domain matters. That means that law which has already been severely criticized as “pro-raider” will be guarded by courts which within 6-month period were twice reproached for serious abuses by SCU. In our opinion, the combination of an imperfect law with an unprofessional court is capable of multiplying all troubles and disturbances usually associated with compulsory acquisition. We believe that the Constitutional Court of Ukraine shall as soon as possible to try the law on compulsory purchase for compliance with constitution in order to prevent violation of rights of citizens and further discrediting of the sate of Ukraine.

MyLand