Judges' panel considered an appeal on the ruling for securing a lawsuit about the prohibition to draw up protocols on administrative offenses related to non-compliance with quarantine rules

Judges’ panel of the Sixth Administrative Court of Appeal considered an appeal on the decision of the first instance court from September 23, 2020 in administrative case No.640/8150/20.  

An individual filed a lawsuit against the Cabinet of Ministers of Ukraine with a request to rule as illegal and without legal force the decision of the Cabinet of Ministers of Ukraine from March 11, 2020 No.211 “On preventing the spread of a respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2” in a part of paragraph 1, subparagraphs 1, 2, 5, 6, 7, 8, 9, 11 of paragraph 2.

The third party, who doesn’t file independent claims is a Ministry of Healthcare of Ukraine.

The plaintiff also filed a statement in which asked to take measures for suit securing before the court decision comes into force. It concerned:

- prohibition to draw up protocols provided by the Article 44-3 of the Code of Administrative Offenses on violations of the quarantine rules established by the decision of the Cabinet of Ministers of Ukraine from March 11, 2020 No. 211 as amended dated April 2, 2020;

- prohibition to consider cases on such administrative offences.

In support of the statement, the plaintiff noted that the decision of the CMU which is appealed obviously was adopted with gross violation of the law, with excess of authority, and therefore is illegal and violates the applicant’s constitutional rights.

The first instance court refused to satisfy the application for securing the claim. Disagreeing with this decision, the plaintiff filed an appeal. The panel of judges of the Sixth Administrative Court of Appeal refused to satisfy it, and upheld the decision of the first instance court.

Press office of the Sixth Administrative Court of Appeal