The Sixth Administrative Court of Appeal was created by the Decree of the President of Ukraine No. 455/2017 dated December 29, 2017 “On liquidation of administrative courts of appeal and formation of administrative courts of appeal in appellate districts,” and started its work on October 3, 2018.
The main task of the Sixth Administrative Court of Appeal is to protect rights, freedoms and interests of individuals, rights and interests of legal entities in a sphere of public-legal relations from violations by state authorities, local government bodies, their officials and officers, other subjects in the exercise of their administrative functions.
The Sixth Administrative Court of Appeal reviews court decisions of the local administrative courts (local general courts as administrative courts and district administrative courts) that are within its territorial jurisdiction, as a court of appeal. In accordance with Article 273 of the Code of Administrative Proceedings of Ukraine, the Sixth Administrative Court of Appeal considers appeals with regard to all decisions, actions or inactions of the Central Election Commission, members of this commission (except decisions, actions or inactions about establishment of election results or in an all-Ukrainian referendum), adopted within the electoral process.
According to Article 277 of the Code of Administrative Proceedings of Ukraine, actions of the candidates for the post of President of Ukraine and their trustees are appealed to the Sixth Administrative Court of Appeal.
Also, the Sixth Administrative Court of Appeal, in accordance with Part 2 of Article 267 of the Code of Administrative Proceedings of Ukraine, resolves administrative cases, as a first instance court on compulsory alienation of a land plot located on the territory of Chernihiv, Cherkasy, Kyiv regions and Kyiv city, and other objects of real property located on a land plot, based on social necessity.
If the case regarding one of the claims is under the jurisdiction of the Sixth Administrative Court of Appeal, and in relation to another claim - to another administrative court, such a case is considered by the Sixth Administrative Court of Appeal.
The Supreme Court is the court of appeal in cases considered by the Sixth Administrative Court of Appeal in accordance Article 267, part three of Article 273, part seven of Article 277 of the Code of Administrative Proceedings of Ukraine.
Cases which are covered by the jurisdiction of the court.
In accordance with Article 19 of the Code of Administrative Proceedings of Ukraine, the jurisdiction of the Sixth Administrative Court of Appeal extends to cases in public-law disputes, in particular:
1) disputes of individuals or legal entities with a subject of authority in relation to the appeal of its decisions (legal acts or individual acts), actions or inaction, except when for the consideration of such disputes the law establishes a different procedure for judicial proceedings;
2) disputes regarding the admission of citizens to public service, time in service, dismissal from public service;
3) disputes between the subjects of power over the implementation of their competence in the field of management, including delegated authorities;
4) disputes, concerning the conclusion, execution, termination, cancellation or recognition of invalidity of administrative agreements;
5) at the request of the subject of authority, in cases when the right to apply to a court for the resolution of a public-legal dispute is provided to such subject by the law;
6) disputes regarding legal relations related to the electoral process or the referendum process;
7) disputes of individuals or legal entities with the public information mananger, regarding the appeal of its decisions, actions or inactivity in the part of access to public information;
8) disputes concerning the withdrawal or compulsory alienation of property for public needs or for reasons of social necessity;
9) in disputes concerning appeals against decisions of certification, competition, medical and social expert commissions and other similar bodies whose decisions are mandatory for bodies of state power, local government bodies and other people;
10) disputes concerning the formation of the composition of state bodies, bodies of local self-government, as well as the election, appointment, and dismissal of their officials;
11) disputes of individuals or legal entities concerning the appeal of decisions, actions or inactivity of the customer in legal relations arising under the Law of Ukraine “On special features of the procurement of goods, works and services for ensuring guaranteed needs of defense units”, except for disputes related to the conclusion of a contract with the winner of the negotiation tender procedure, as well as the modification, termination and execution of procurement contracts;
12) disputes concerning the appeal of decisions, actions or inactivity of the bodies of state border control in the cases of offenses provided for by the Law of Ukraine “On the liability of the shippers during international passenger transportation”;
13) disputes concerning the appeal with regard to the decisions of the National Rehabilitation Commission in legal relations that arose on the basis of the Law of Ukraine “On Rehabilitation of the Victims of Repressions of the Communist Totalitarian Regime of 1917-1991”.
Jurisdiction of the court DOES NOT extends to the cases:
1) related to the jurisdiction of the Constitutional Court of Ukraine;
2) which should be resolved in criminal proceedings;
3) about administrative punishment, except cases, introduced by the Code of Administrative Proceedings of Ukraine;
4) concerning relations, which in accordance with the law, charter (regulation) of a public association, self-regulatory organization are classified as its internal activity or sole competence, except cases in disputes specified in clauses 9, 10 of part one of this Article.
Powers of the Sixth Administrative Court of Appeal spreads to the appeal district, which includes Chernihiv, Cherkasy, Kyiv regions and the city of Kyiv, with its location in Kyiv.