Main tasks and practical skills
- Only members of the Trial Panel shall have the right to deliberate. During deliberation, all members of the Trial Panel must resolve all the issues of the case by majority voting on each issue. People’s Assessors shall vote first, and Judges shall vote finally. Any person having a minority opinion can present their opinion in writing to be enclosed in the case file.
- During deliberation, the Judge must rely on the documents and evidence which have been verified and considered at the Court, results of the questioning at the trial and consider all opinions of the persons participating in the proceedings and Procuracy.
- During deliberation, there must be minutes recording the opinions which have been discussed and the decision of the Trial Panel. The minutes of deliberation must be signed by members of the Trial Panel in the discussion room before pronouncement of the judgment.
- At the trial, if there exists one of the circumstances provided in Article 40 of the OPRAC, the Trial Panel shall issue a decision on temporary suspension of resolution of the case. If there exists one of the circumstances as provided in Article 41 of the OPRAC, the Trial Panel shall issue a decision on complete suspension of the case.
- Rendering of judgment
- The judgment must consist of main contents as provided in Item 2 of Article 49 of the OPRAC;
- The judgment must consist of the introduction, content and decision;
- The Introduction must specify name of the Court of first instance, number and date of acceptance of the case, number of the judgment and date of pronouncement of the judgment, full names of members of the Trial Panel, Court Clerk, Procurators, examiner, interpreter (if any) ; name and address of the petitioner, the petitioned, persons having related rights and obligations; their legal representative and persons protecting their legal rights and interests (if any); disputed objects, number and date of the decision on bringing the case to trial; open or secret hearing; time and place of the hearing.
- The Content of the administrative judgment consists of a brief of the case’s content and review of the Trial Panel;
+ The brief of the case’s content must be composed of the following: number of, date of issuance of, and brief of the petitioned administrative decision or disciplinary decision removing a person from their work place or brief of the petitioned administrative action; date of receipt of the administrative decision or disciplinary decision removing a person from their work place or date of awareness of the administrative action; date of receipt of the decision on resolution of the complaint issued by the person authorized to resolve the complaint in accordance with laws (if any) and brief of such decision; date of initiation of a legal action against an administrative case at a competent Court; brief of requests by the petitioner; brief of opinions of the petitioned; opinions of persons having related rights and interests and opinions of persons protecting rights and interests of the litigants (if any);
+ The Review of the Court must analyse grounds for accepting or denying the request or proposal of the litigants, persons protecting their legal rights and interests; substantiated details, evidence and legal grounds used for the Court to resolve the case (points, items and articles of legal documents);
+ The Decision must specify decisions of the Court on each issue which needs to be resolved, court fees and right to appeal against the judgment; where a decision must be enforced immediately, the decision must be specified.
- The Court can issue one of the following decisions:
+ Rejecting the request of the petitioner, if such request is not legally grounded;
+ Accepting part or the whole of the request of the petitioner to revoke part or the whole of the administrative decision of a State administrative agency or a competent person in the State administrative agency who is undertaking their tasks in accordance with the law;
+ Accepting part or the whole request of the petitioner for declaring a number or all of the administrative actions illegal; stopping such action of the State administrative agency or competent action.
+ Demanding that the State administrative agency compensate for any damage, recover legal rights and interests of the individual, agency or organization who has been violated by the illegal administrative decision or action;
+ Accepting the request of the petitioner for the revocation of the disciplinary decision illegally removing a person from their work place; demanding the leader of the agency or organization to conduct such public tasks in accordance with laws; demanding compensation for any damage, recovery of legal rights and interests of the individual who has been violated by such decision.
- Together with the minutes of deliberation, the original judgment must be passed and signed by members of the Trial Panel in the discussion room and be recorded in the case file. On the basis of the original judgment, the presiding Judge on behalf of the Trial Panel shall sign main judgments;
- Pronouncement of the judgment
- In principle, when the judgment is pronounced, people in the court room must stand up (except for those who are physically incapacitated and are allowed to sit down by the presiding Judge). The presiding Judge or another member of the Trial Panel shall read out the judgment; if the judgment is long, they can read out the judgment in turn;
- If the judgment is very long, the presiding Judge may request people in the court room to stand up during his reading of the Introduction and Decision of the judgment.
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