Judges' panel of the Sixth Administrative Court of Appeal has considered an appeal of the political party "Party of Shariy" which concerns the state funding of the statutory activities of political parties
Judges’ panel of the Sixth Administrative Court of Appeal has considered an appeal of the political party “Party of Shariy” on the decision of the first instance court from the 1st of July, 2020 in administrative case No. 640/10546/20.
The political party “Party of Shariy” filed a lawsuit in which asked the court to rule an inaction of the National Agency for Prevention of Corruption (NAPC) as unlawful. The inaction related to the distribution of state funding for the statutory activities of political parties in the 2019 in their favor. Also, the plaintiff asked the court to collect from the State Budget of Ukraine through the NAPС these funds in the amount of more than 3 million hryvnias.
The third party, who doesn’t declare independent claims regarding the subject of the dispute on the side of the defendant is the State Treasury Service of Ukraine.
During the case consideration the first instance court found that the National Agency for the Prevention of Corruption carried out all the actions specified by the current legislation, namely, it made a decision No. 2508 from the 9th of August, 2019 in wich was about the provision of state funding to political parties of their statutory activities based on the results of the last extraordinary elections of people's deputies of Ukraine dated June 21, 2019 in the national multi-mandate electoral district. Also, the NAPC sent letters to the Ministry of Finance of Ukraine, in which they informed about the need to take into account additional financing of political parties when preparing the draft budget for 2020, as far as the budgetary assignments approved for this purpose didn’t take into account the requirements of Art. 17-5 of the Law of Ukraine "On Political Parties" in the part of increasing funding for political parties.
Claims for recovering from the State Budget of Ukraine through the NAPC state funding of the statutory activities of political parties for 2019 in favor of the political party “Party of Shariy” are derived from the first requirement to recognize the NAPC’s unlawful inactivity regarding non-distribution of funds.
The first instance court refused to satisfy the claims of the political party "Party of Shariy". Disagreeing with this decision the plaintiff filed an appeal.
Judge’s panel of the Sixth ACA dismissed the appeal of the political party "Party of Shariy" and the decision of the first instance court left unchanged.