STATISTICS OF PROCEEDINGS
circumstances of the case – for example, severity of the violation, its consequences, whether it affected the
rights or duties of third parties, etc.
In 2010, the Chancellor declined to open substantive proceedings in 1523 cases, which makes up 76% of
the total number of cases.
Proceedings were not opened for the following reasons:
• the individual could file an administrative challenge or use other legal remedies (622 cases);
• lack of competence by the Chancellor (524 cases);
• judicial proceedings or compulsory pre-trial proceedings were pending in the matter (168 cases);
• petition did not comply with requirements under the Chancellor of Justice Act (126 cases)
• a petition was manifestly unfounded (68 cases);
• the petition had been filed one year after the petitioner discovered the violation (11 cases);
• administrative challenge proceedings or other voluntary pre-trial proceedings were pending (4 cases).
Figure 8. Reasons for declining to initiate proceedings of petitions
In case of petitions declined for proceedings, the competence of the Chancellor, Acts and other legislation
were explained to the petitioners. The steps taken on the basis of petitions in 2010 could be divided as follows:
• an explanatory reply was given (1348 cases);
• a petition was forwarded to competent bodies (122 cases);
• a petition was taken note of (67 cases).
Figure 9. Distribution of replies in case of declining to accept a petition for proceedings
Similarly to the previous years, the main reasons for declining to initiate proceedings were the possibility to
use other legal remedies and lack of competence by the Chancellor. In comparison to 2009, the number of
unfounded petitions has dropped. The number of petitions forwarded to competent authorities was more
or less the same as in 2009.
3. Distribution of cases by area of responsibility
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By types of respondents, proceedings of cases were divided as follows:
• the state (1456 cases);
• local authorities (294 cases);
• a legal person in private law (171 cases);
• a natural person (42 cases).
• a legal person in public law, except local authorities (22 cases).
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