Publication date: 14.05.2024
The Grand Chamber of the Supreme Court expressed a legal position regarding the term of appeal to the court in disputes that arise regarding the acceptance of citizens for public service, its completion and dismissal.
This is stated in the resolution of the VP of the Supreme Court of April 11, 2024 in case No. 990/135/22, the Fifth Administrative Court of Appeal informs.
Thus, the VP of the Supreme Court noted that a one-month time limit is set for applying to the court in cases concerning the acceptance of citizens for public service, its completion, dismissal from public service (Part 5 of Article 122 of the Civil Code of Ukraine).
Public service is a professional, politically neutral activity of persons in administrative positions in executive power bodies and local self-government bodies. Public service can also include professional, non-political activities in the apparatuses of other state authorities: the head of state, parliament, courts, etc.
In particular, the law provides for the establishment of time limits for the purpose of disciplining participants in administrative proceedings and their timely performance of certain procedural actions provided for by the Criminal Procedure Code of Ukraine. The institution of time limits in the administrative process contributes to the achievement of legal certainty in public-legal relations, and also stimulates the participants in the administrative process to be conscientious in the performance of their duties. These terms limit the time during which such legal relationship can be considered disputed; after their completion, if no one went to court to resolve the dispute, the relationship becomes stable.Reasonable terms in administrative proceedings are the shortest terms under specific circumstances (unless otherwise determined by law or established by the court), during which the party must take certain actions, demonstrating its interest in their results, and which are objectively evaluated by the court in terms of compliance with the principles of good faith and prudence, as well as on the subject of observing the rights of other participants (ensuring a balance of interests).
Therefore, in the event that a person believes that his rights have been violated during acceptance into public service, completion or dismissal from public service, he has the right to appeal to the court in a shorter time frame than on general grounds. Appealing to the court without valid reasons deprives such a person of the right to legal protection.
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In the resolution of the Great Chamber of the Supreme Court dated April 11, 2024, it is stated that for cases related to the acceptance of citizens to the public service, its completion and dismissal, a one-month period of appeal to the court is established. This practice contributes to discipline and timeliness in the resolution of legal issues, and also stimulates the participants in the judicial process to be responsible and fulfill their duties in good faith.Reasonable deadlines in administrative proceedings help to achieve legal certainty and balance the interests of the participants in legal relations. It is important to note that violation of this term may lead to the loss of the opportunity to properly protect rights in court.
