New powers granted to the Supreme Court of Ukraine

Dispute Resolution
Kyiv
Client Alert
March 2014
www.bakermckenzie.com
For further information please
contact:
Ihor Siusel, Partner
+380 44 590 0101
[email protected]
bakermckenzie.com
Kseniia Pogruzhalska,
Associate
+380 44 590 0101
[email protected]
bakermckenzie.com
Baker & McKenzie – CIS,
Limited
Renaissance Business Center
24 Vorovskoho St.
Kyiv 01054, Ukraine
New Powers Granted to the Supreme Court
of Ukraine
On 19 March 2014, a new Law of Ukraine “On the Amendment to the Code of
Administrative Court Proceedings of Ukraine for the Jurisdiction of the Supreme
Court of Ukraine”, adopted by the Verkhovna Rada on 14 March 2014, came into
force (hereinafter – the “Law”).
The Law granted the Supreme Court of Ukraine (the “SCU”) the power to review
decisions of the Supreme Administrative Court of Ukraine (the “SACU”) rendered
in cases on challenging acts, actions or inactivity of the Verkhovna Rada of
Ukraine, the President of Ukraine or the Supreme Council of Justice of Ukraine
on grounds that the SACU violated the provisions of substantive or procedural
law, which resulted in rendering an unlawful decision. Previously, such decisions
of the SACU were considered final and binding.
Under the new Law, the SCU does not require preliminary decisions from the
SACU on admissibility in order to review the SACU's decisions of the mentioned
category.
Starting from 19 March 2014, SACU’s decisions in cases on challenging acts,
actions or inactivity of the Verkhovna Rada of Ukraine, the President of Ukraine
or the Supreme Council of Justice of Ukraine will become effective one month
after being rendered, unless they are challenged with the SCU.
According to the Law, the SCU may cancel the SACU’s decision of the
mentioned category entirely or in part and render a new decision on the dispute,
which will be final.
Additional notes
This LEGAL ALERT is issued to inform Baker & McKenzie clients and other interested parties of legal developments that may affect or
otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a
substitute for specific advice in individual cases.