Filing a lawsuit
In accordance with part 3 of Article 273 of the Code of Administrative Proceedings of Ukraine, decisions, actions or inactions of the Central Election Commission, or a member of this commission (except decisions, actions or inactions regarding establishment of election results or an all-Ukrainian referendum) taken within the framework of the election process are appealed to the Sixth Administrative Court of Appeal, being a court of first instance
In accordance with part 7 of Article 277 of the Code of Administrative Proceedings of Ukraine, actions of candidates for the President of Ukraine and their trustees are appealed to the Sixth Administrative Court of Appeal.
Also, the Sixth Administrative Court of Appeal, in accordance part 2, article 267 of the Code of Administrative Proceedings of Ukraine, as a court of first instance, resolves administrative cases on compulsory alienation of a land plot located on the territory of Chernihiv, Cherkasy, Kyiv regions and the city of Kyiv, other objects of real estate, located on a land plot, for reasons of social necessity.
The requirements for a lawsuit are set out in Article 160 of the Code of Administrative Proceedings of Ukraine.
In a lawsuit provides next information:
1) name of the first instance court, to which filed a lawsuit;
2) full name (for legal entities) or name (last name, first name and patronymic) (for individuals) of parties to a lawsuit and other case participants, their location (for legal entities) or place of residence or stay (for individuals), zip code, legal entity identification code in the Unified State Register of Enterprises and Organizations of Ukraine, registration number of the taxpayer’s registration card (for individuals) or passport number and series for individuals - citizens of Ukraine (if such information is known to the plaintiff), phone numbers, an e-mail and official e-mail address;
3) indication of the price of the claim, a reasonable calculation of the amount with is charged if the statement of claim contains claims for compensation for damage caused by the contested decision, actions, or inaction of the subject of authority;
4) content of the claims and the statement of circumstances by which the plaintiff substantiates his claims, and in the case of filing a claim with several defendants - the content of the claims for each of the defendants;
5) statement of the circumstances by which the plaintiff substantiates his claims; indication of evidence confirming these circumstances;
6) information on the taking action for the pre-trial settlement of a dispute if the law establishes a mandatory pre-trial procedure for the settlement of a dispute;
7) information on the taking action to secure evidence or a claim before filing a claim, if any;
8) list of documents and other evidence attached to the application; an indication of evidence that cannot be submitted together with the statement of claim (if any), an indication of the plaintiff or other person's presence of the original written or electronic evidence, copies of which are added to the statement;
9) in cases of decisions’ appeal, actions and inaction of the subject of authority - the justification for violation of the disputed decisions, actions or inaction of the rights, freedoms, interests of the plaintiff;
10) in cases concerning the appeal of regulatory legal acts - information on the application of the appealed regulatory legal act to the plaintiff or the plaintiff's affiliation with legal entities in which this act is applied or will be applied;
11) plaintiff’s written confirmation that they haven’t submitted another claim (s) to the same defendant (s) with the same subject and for the same reasons.
If the statement of claim is filed by the representative, then additionally indicates the information specified in the paragraph 2 of the part 5 of the article 160 in relation to the representative.
In the case of a lawsuit by a person who has the right to apply to the court in the interests of another person, the application must indicate the grounds for such an appeal.
The statement of claim may also contain other information necessary for the proper resolution of the dispute.
The list of documents attached to the statement of claim, set out in Art. 161 of the Code of Administrative Proceedings of Ukraine.
Copies of the statement of claim shall be attached to it, as well as copies of documents attached to the statement of claim in accordance with the number of participants in the case, except in cases specified in Part 2 of Art. 161.
When submitting an administrative claim, the subject of power is obliged to attach to the claim the proof of sending by registered letter with the notification of service to other participants of the case who do not have an official e-mail, a copy of the claim and the documents attached to it.
The statement of claim shall be accompanied by a document on payment of the court fee in the prescribed manner and in the amount or documents confirming the grounds for exemption from payment of the court fee in accordance with the law.
The plaintiff is required to attach to the statement of claim all the evidence available to him in support of the circumstances on which the claim is based (if written or electronic evidence is provided, the plaintiff may attach a copy of the relevant evidence to the statement of claim).
If necessary, the statement of claim shall be accompanied by the petition and the plaintiff's statement for consideration of the case under the rules of summary proceedings, participation in the court hearing on the case under the rules of summary proceedings, release (postponement, installment, reduction) from payment of court fees, appointment of expertise requiring evidence to provide free legal aid if the relevant authority refuses to provide it, etc.
In case of missing the term of appeal to the administrative court, the plaintiff is obliged to attach to the claim a statement of renewal of this term and proof of validity of the reasons for its omission.
The statement of recognition of an individual act as unlawful or an administrative contract is also attached by the original or a copy of the contested act or contract or a certified excerpt from it, and in the absence of the act or contract from the plaintiff - a request for its claim.
We also pay attention to the requirements of Part 10 of Art. 44 of the Code of Administrative Proceedings of Ukraine: if the documents are filed by the participants of the case in court or sent to other participants of the case in paper form, such documents are affixed with the signature of the case participant (his representative).
A lawsuit in the cases specified in Articles 267, 273, 277 of the Code of Administrative Proceedings of Ukraine shall be submitted exclusively in a written form by a plaintiff, his/her representative or a person authorized by the law to apply to the court in the interests of other persons through:
- sending by post* to the address of the Sixth Administrative Court of Appeal: 8 Moskovs’ka St., block 30, Kyiv, 01010;
- submitting via the Information Center of the Sixth Administrative Court of Appeal, located at: 8 Moskovs’ka St., block 30, entrance No.1, Kyiv, 01010.
* - please, note that the day of filing a lawsuit in cases related to an election process is the day of its receipt in court, and not the day of sending it to the post, courier or other communication department.
During an election process, the Sixth ACA establishes special court working hours in order to ensure for filing a lawsuit on weekends, holidays and non-working days.