Information regarding the regulatory resolution of the Constitutional Court
(№ 16 dated 22 May 2023)
The Constitutional Court considered a citizen's appeal on the constitutionality of the second part of Article 102 of the Code of Administrative Procedure and Procedure (hereinafter – APPC), which provides that courts have jurisdiction in administrative proceedings over disputes arising out of public-law relations provided for in this Code.
The subject of the appeal believes that the return of his administrative claims by the court violates his constitutional rights, since the legal relations arising between him, the administration of the Institution and the military unit are of a public-law nature, and the second part of Article 102 of the APPC does not disclose the meaning of the concept of ‘public-law relations’.
The Constitutional Court considers that the absence of the meaning of ‘public-law relations’ in the APPC is not an omission or defect of the legislative act, but is due to the nature of public law itself. The court's activity at the stage of sentence enforcement, as well as at other stages, is based on the unified principles of criminal procedure and is aimed at achieving the general objectives of criminal proceedings. Such activities are not regulated by the Penal Enforcement Code, which, while not being a procedural law, has a narrowly specialised focus due to such objectives of the penal enforcement legislation as restoration of social justice, correction of convicts, prevention of committing new criminal offences by both convicts and other persons.
The legislator, when adopting the APPC, reasonably excluded the procedures regulated by the criminal procedure law from the administrative procedures regulated by the APPC.
The Constitutional Court has recognised the second part of Article 102 of the APPC as being in conformity with the Constitution.