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19 August, 2013 10:32   ▪  

Government oriented rulings is a tradition of Ukrainian courts

Ukrainian courts rarely make rulings for the benefit of opposition

On 12 August, Kyiv County Administrative Court rejected the claim of UDAR fraction People’s Deputy Serhiy Kaplin against Prime Minister Mykola Azarov concerning the response to a deputy’s appeal within the time limits envisaged by the law. The court ruling says the term given for response to a deputy’s appeal is 30 days. Meanwhile, Mr.Kaplin points out that the Law On People’s Deputy Status provides for the term of 10 days.

“Azarov hadn’t responded to the deputy’s appeal. Thus, the court has introduced a new practice allowing officials not to respond to deputy’s appeals and requests or to give responses within terms convenient for the government,” Mr.Kaplin stated.

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On 9 August, Kyiv County Administrative Court recognized the activity of the Kyiv City Council is legitimate and ruled its sessions to be legal. The court made a relevant ruling in the course of the consideration of the claim made by Yuriy Dmytruk, co-head of Stolychni Reformy Kyiv City Council fraction. The claim concerned the legitimacy of the Kyiv City Council activity. His demand was fulfilled at the hearing of the claim made by the Kyiv city organization of Batkivshchyna Party, in particular People’s Deputy Oleksandr Chornovolenko, as to illegitimacy and abrogation of the decision by Halyna Herega, Deputy Mayor of Kyiv and Kyiv City Council Secretary, concerning July 11 Council session. Meanwhile, the court refused to consider the claim of the oppositionists.

Batkivshchyna Party People’s Deputy Yuriy Odarchenko tried to litigate the illegal voting in the parliament with “button pressing” method. In particular, 13 December 2012 and 11 January 2013 sessions held without Rada-3 electronic voting system. The claim says the “procedure rules were broken in the course of registration and voting of deputies. The decrees were approved in the half-empty hall based on the votes of deputies absent at the session.” In March, the Supreme Administrative Court rejected the claim of Mr.Odarchenko with a note that this breach of parliament procedure rules cannot be eliminated via judicial proceeding. Thus, the decisions approved at the plenary meetings were ruled legitimate.

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UDAR fraction Deputy Pavlo Rizanenko went to the law against the Cabinet of Ministers. He demanded to rule invalid the government resolution, according to which the participation of people’s deputies in the Cabinet of Ministers sessions requires preliminary approval by the Prime Minister. Kyiv County Administrative Court rejected this claim either.

On 8 February, the Supreme Administrative Court of Ukraine ruled it impossible to determine the results of elections in districts No.11 (Vinnytsia Oblast) and No.71 (Zakarpattia Oblast), in spite of the fact that the Central Election Committee (CEC) recognized elections in these districts and registered People’s Deputies Oleksandr Dombrovskiy and Pavlo Baloha. Subsequently, they took the oath. The above Court abolished CEC resolutions concerning registration of People’s Deputies and ruled they have neither status nor powers of People’s Deputies of Ukraine.

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On 11 June, Kyiv County Administrative Court entitled Parliament Chairman Volodymyr Rybak to withdraw voting and identification cards of Deputies Pavlo Baloha and Oleksandr Dombrovskiy, unseated based on the Supreme Administrative Court ruling. Former Verkhovna Rada Deputy Yuriy Karmazin was the petitioner in the proceeding in regard to deputies unseating. Mr.Rybak litigated the court ruling, but Kyiv Appeal Administrative Court rejected parliament speaker petition of appeal.

There are also numerous cases of courts prohibiting demonstrations organized by opposition activists. In particular, Kyiv County Administrative Court prohibited to organize a demonstration of Stop Censorship! movement, planned to be held near Mezhyhirya residence of President Viktor Yanukovych on Journalist Day celebrated on 6 June. Besides, Kyiv County Administrative Court prohibited organization of any demonstrations on Bankova and Lyuteranska Streets till December 2013.


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