FEATURES OF JURISDICTION OF CLAIMS IN ADMINISTRATIVE ACTIONS AGAINST CENTRAL EXECUTIVE AUTHORITIES

Abstract

The article examines the issues of the peculiarities of the jurisdiction of administrative courts of Ukraine over claims filed against the Central Election Commission.

Based on the analysis of judicial practice, it was concluded that during national elections, candidates quite often file lawsuits with the Administrative Cassation Court within the Supreme Court, in which they combine claims, both subject to and not subject to the jurisdiction of this cassation court as a court of first instance. In such cases, the relevant claims are returned on the basis of paragraph 6 of part four of Article 169 of the Code of Administrative Proceedings of Ukraine.

It was found that the greatest number of misunderstandings regarding the jurisdiction of the Supreme Court over claims against the Central Election Commission arose during the process of holding local elections in the fall of 2020, in particular in cases of appeals against the Commission's decisions to establish the results of the said elections instead of the territorial election commissions.

It is summarized that during the period between elections, the decisions, actions and inaction of the Central Election Commission as a permanent state collegial body are subject to appeal to the district administrative court, the territorial jurisdiction of which extends to the city of Kyiv. During the election process, the protocol of the Central Election Commission on the establishment of nationwide elections (President, People's Deputies of Ukraine) is subject to appeal to the Administrative Cassation Court within the Supreme Court as a court of first instance. The decisions of the Central Election Commission on the registration of persons elected in the elections; the actions of the Commission on the official publication of the results of the national elections; decisions, actions and inaction of the Commission related to the establishment of the results of local elections are subject to appeal to the Administrative Court of Appeal in the appellate district that includes the city of Kyiv, as to the court of first instance.