The SCU discontinued the proceedings on the KCBC claim against the UNBA

On 6 September 2016 a panel of judges of the Administrative Chamber of the Supreme Court of Ukraine discontinued the proceedings on the claim lodged by the Kyiv City Bar Council against the UNBA.

The court pronounced the operative part of the decision, thereby decisions of the first instance court, courts of appeal and cassation were quashed and the proceedings discontinued.

The reason for a judicial review by the SCU was unequal application of substantive law by the court of cassation concerning the provisions of Article 17 of the Code of Administrative Proceedings of Ukraine (jurisdiction of administrative courts to resolve administrative cases).

This decision is a continuation of the SCU practice (case no. 6-2873цс15).

Due to the fact that distorted interpretation of the SCU decision appeared in the social networks, it should be emphasized that the motivation part of the decision is not yet ready. Therefore, any current versions are based on speculations and assumptions. The full text of the decision will be published on the UNBA website as soon as it is received.

Public statements made by certain advocates from Kyiv about the alleged quashing by said SCU decision of all decisions of the UNBA, which were approved by the administrative courts, are not true.

Pursuant to Article 157 CAPU, the court discontinues the proceedings if the case is not subject to examination by administrative courts. In the case of discontinuation of proceedings, re-lodging of the same claim is not permitted.

It will be recalled that due to the ambiguous (different) application of the CAPU and the specialized law by courts during consideration of claims challenging decisions, actions or inaction of the bar self-government bodies and/or organizational forms, the UNBA requested the Constitutional Court of Ukraine to make the official interpretation of these provisions in part of court jurisdiction in such cases.