Yavoriv District Court appealed to courts due to mass errors in jurisdiction after administrative reform
The Yavoriv District Court of Lviv region reported a significant number of cases and materials being submitted to the court in violation of territorial jurisdiction rules. In this regard, the court reminded that the administrative-territorial reform did not automatically change the boundaries of judicial jurisdiction.
The court noted that by the resolution of the Verkhovna Rada dated July 17, 2020, No. 807-IX "On the formation and liquidation of districts," new districts were created in Ukraine.
Within the framework of the administrative-territorial reform, the Yavoriv district of Lviv region was formed with the administrative center in the city of Yavoriv, which included the territories of Ivano-Frankivsk territorial community, Mostyska territorial community, Novoyavorivsk territorial community, Sudova Vyshnia territorial community, Shehyni territorial community, and Yavoriv territorial community.
At the same time, the change in administrative-territorial structure does not imply an automatic change in the judicial system of Ukraine.
According to Article 125 of the Constitution of Ukraine and Article 19 of the Law of Ukraine "On the Judiciary and the Status of Judges," a court is established, reorganized, and liquidated by law, the draft of which is submitted to the Verkhovna Rada of Ukraine by the President of Ukraine after consultations with the High Council of Justice.
According to Article 21 of the Law of Ukraine "On the Judiciary and the Status of Judges," local general courts are district courts, which are established in one or several districts, districts in cities, in a city, or in a district(s) and city(ies).
At the same time, according to paragraph 3 of section XII "Final and Transitional Provisions" of the Law of Ukraine "On the Judiciary and the Status of Judges," district, interdistrict, district in cities, city, and city-district courts continue to exercise their powers until the establishment and commencement of activities of the respective local district court, whose jurisdiction will cover the relevant territory.
Paragraph 3¹ of section XII of this Law stipulates that until the law of Ukraine on changing the system of local courts in connection with the formation (liquidation) of districts comes into force, the respective local courts continue to exercise their powers within the territorial jurisdiction defined before the entry into force of the Verkhovna Rada resolution dated July 17, 2020, No. 807-IX "On the formation and liquidation of districts," but no longer than one year from the day of termination or cancellation of martial law in Ukraine.
Thus, despite the fact that Mostyska territorial community, Sudova Vyshnia territorial community, and Shehyni territorial community are part of the Yavoriv district of Lviv region, they do not belong to the territorial jurisdiction of the Yavoriv District Court of Lviv region.
The territorial jurisdiction of the Yavoriv District Court of Lviv region does not extend to the territories that belonged to the former Mostyska and Horodok districts of Lviv region.
Therefore, the court asks to take this information into account when sending cases and materials to the Yavoriv District Court of Lviv region in order to comply with the requirements regarding territorial jurisdiction.
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