13/05/2011 14:40
On May 11 the Supreme Administrative Court of Ukraine dismissed the petition of People’s Deputy of Ukraine, Leader of the European Party of Ukraine Mykola Katerynchuk to renew the term for appeal against wrongful acts of the Verkhovna Rada of Ukraine during the ratification of the Kharkiv Agreements on April 27, 2010. As a result, the action is left without consideration.
“In the court we cited examples of Kyiv Appeal Administrative Court practices, which in similar circumstances renewed the period of appeal. Thus, this court adhered to the position related to those emerged during the validity of provisions of the Code of Administrative Procedure in the previous edition, which included a period of one year on appeal, there must be used exactly one-year term, so my request should meet and the term -renew”, – said Mykola Katerynchuk on the results of the trial.
“We also stated that if compliance of the court with a different position, it indicates that a different attitude of state bodies to different people in similar situations without any grounds. In its turn, the European Court of Human Rights classifies a similar situation as discrimination, which was also underlined in the court. Unfortunately, no evaluation is present in the HAC decision on our arguments on different attitudes. ”
“With this in mind, there are all signs of discrimination compared with those plaintiffs, the request for reinstatement of appeal deadlines are satisfied by the courts. I think that in such circumstances there are grounds for appeal to the European court for violation of state law not to be subject to discriminatory treatment at the right of appeal in the court of governmental bodies and violation of the right to an effective remedy “, – underlined the Deputy.
“I have no doubt that the European Court of Human Rights finds violations by the state. In its turn, this will result in the revision of the decision of the Supreme Administrative Court of Ukraine by Supreme Court of Ukraine and, of course, the abolition of the decision to remit the case for consideration on the merits”- he added.
Press office
The European Party of Ukraine
The European Party of Ukraine