EUROPEAN COMMISSION FOR DEMOCRACY
THROUGH LAW
(VENICE COMMISSION)
DRAFT
LAW ON THE
JUDICIARY
OF UKRAINE
DRAFT
approved by
the National Commission on Strengthening Democracy
and the Rule of Law
July 11, 2006
© Translated by
USAID/Ukraine Rule of Law Project, 2006
This law determines
legal fundamentals of functioning of judiciary in Ukraine – organization of judicial power and justice execution, system of
courts of general jurisdiction, system of bodies, responsible for adequate
level of judiciary establishment, system and procedures of judiciary
self-government, and also determines general procedures of court operation and
regulates other matters of judicature.
Section
I. FUNDAMENTALS
OF THE JUDICIAL POWER
Article
1. Judicial power
1. Judicial
power in Ukraine
shall be exercised by the courts prescribed by the law on the basis of division
of the power, as it is provided by the article 6 of the Constitution of Ukraine.
2. Judicial
power shall be exercised through administration of justice in the form of
civil, commercial, administrative, criminal and constitutional judicial
procedure. Judicial procedure shall be administered by the Constitutional Court
of Ukraine and the courts of general jurisdiction.
Article
2. Objectives of a court
1. While
administering justice on the basis of the rule of law, a court shall secure the
protection of the rights and freedoms of a human being and citizen, as guaranteed
by the Constitution and laws of Ukraine,
the rights and legitimate interests of legal entities, and interests of the
public and the state.
Article
3. The court system of Ukraine
1. The
court system of Ukraine
shall consist of the courts of general jurisdiction and the Constitutional
Court of Ukraine.
2. The
courts of general jurisdiction shall form the single system of courts. The
Constitutional Court of Ukraine shall be the single body of constitutional
jurisdiction in Ukraine.
3. The
court system shall provide accessibility of justice for every person in the order, prescribed in the Constitution of Ukraine
and laws.
4. Creation
of extraordinary and special courts shall not be permitted.
5. The
procedure of organization and operation of the Constitutional Court of Ukraine
shall be determined by the Constitution of Ukraine and the Law of Ukraine
“On the Constitutional Court of Ukraine”.
Article 4. Legislation on the judiciary of Ukraine
The judiciary of Ukraine
shall be determined by the Constitution of Ukraine and this Law.
Article
5. Justice administered exclusively by courts
1. Justice
in Ukraine
is administered exclusively by courts. The delegation of court functions, and
also appropriation of these functions by other bodies or officials shall not be
permitted.
2. Persons
that have illegally assumed the court functions shall be liable under the law.
3. The
people shall directly participate in administration of justice through people's
assessors and jurors. The participation of people's assessors and jurors in
administration of justice is their public duty.
Article
6. Autonomy of courts
1. Courts
have the autonomous authority to administer justice independently. When
administering justice, courts shall neither depend on any influence nor shall
they be accountable to whatsoever authority; and they shall abide only by the
Constitution of Ukraine and the law.
2. Guarantees
of the judicial independence and of the independence of judges are fixed by the
Constitution of Ukraine, this Law and others laws.
3. Courts
shall not hear the addresses in connection with concrete cases considering by
the court submitted by the citizens, organizations or officials that are not
the parties to the court proceedings pursuant to the law unless specified
otherwise by procedural law.
4. Interference
into administration of justice, influence upon a court or judges in any manner,
contempt of court or against judges, collection, keeping, use and dissemination
of the information in verbal, written or another form with the aim of damaging
their authority and affecting the impartiality of justice shall be prohibited
and legally liable pursuant to the law.
5. The
judicial self-government shall be applied to solve the problems pertaining to
the internal activity of courts pursuant to this Law.
Article
7. The right to judicial protection
1. All
persons shall enjoy a guaranteed protection of their rights, freedoms and
interests by an independent and unbiased court created pursuant to the law.
2. The
courts of first instance, the courts of appeal and the courts of cassation
shall operate in Ukraine
for the purpose of impartial, unbiased, and timely consideration of cases and
the lawfulness of court decisions.
3. Nobody
shall be denied the right to have his/her case heard in a court having the
jurisdiction over that case prescribed by procedural law.
4. Everyone
has the right to take part in consideration of his/their case in a court of any
instance in line with the procedure established by the provisions of procedural
law.
5. Foreign
residents, persons without nationality, and foreign legal entities enjoy the
right in Ukraine
to legal protection equally with the citizens and legal entities of Ukraine.
Article 8. Equality before the law and the court
1. Justice
in Ukraine
is administered on the principles of equality of all participants in legal
proceedings before the law and the court without distinction of their sex,
race, and color, political, religious and other convictions and beliefs,
national or social origin, property status, domicile and other circumstances.
Article
9. Legal assistance during the court hearings
1. Each
person has the right to legal assistance during the court hearings.
2. The
Bar shall be available for rendering the legal assistance during the court
hearings in Ukraine.
In cases, fixed by the law, such assistance may be also provided by other
persons. The procedure and conditions of rendering the legal assistance are
determined by the law. In cases provided for by the law the legal assistance
may be given free of charge.
Article
10. Openness and transparency of the court
proceedings
1. Nobody
shall be limited in the right to receive in a court the written or verbal
information about the results of consideration of his/their case by court.
2. The
proceedings in all courts shall be open to the public except the cases defined
by procedural law. Participants in court proceedings and other persons,
attending the open judicial hearings, may use portative audio technical means.
Photographing, filming, video and sound recording in a courtroom with the use
of standard equipment, also broadcasting of a court session may be allowed by
permission of a court in the manner prescribed by procedural law.
3.
Closed judicial session hearings may be allowed by court's decision in cases
set forth by procedural law.
4. When
hearing a case, the court proceedings are registered by technical facilities in
the manner prescribed by procedural law.
Article
11. Language of
Judicial procedure
1. Judicial
procedure in Ukraine
shall be carried out in the official national language.
2. Other
languages may also be applied in cases provided for by the law and pursuant to
the procedure stipulated thereby.
3. Persons
that have no or incomplete command of the official language are entitled to use
their native languages and take advantage of translator/interpreter services in
the course of a trial. In cases provided for by procedural law this right shall
be secured by state.
Article
12. The binding force of court decisions
1. The
final court decisions shall be approved in the name of Ukraine.
2. Court
decisions that have become legally valid are binding for all state bodies,
local self-government authorities, their officials, public associations and
other organizations, citizens and legal entities in the whole territory
of Ukraine.
The binding force of court decisions for other courts (precedent effect) is
specified by procedural law.
3. Court
decisions of other countries are binding in the territory
of Ukraine
under the terms established by the law of Ukraine
pursuant to the international treaties of Ukraine
whose binding force has been approved by the Verkhovna Rada of Ukraine.
4. Failure
to comply with the court rulings shall entail legal liability under the law.
Article
13. The right to appeal against court decisions
Participants in court proceedings
and other persons have the right to appeal against and take review of a court
decisions in cases and according to the procedure set forth by procedural law.
Article
14. Collective and single justice consideration of cases
1. In the courts
of first instance the cases may be considered individually by one professional
judge, by the panel of professional judges in cases fixed by procedural law,
and also with participation of people's assessors or by jury.
2. In case of
single justice examination a judge acts as a court.
Section II.
COURTS OF GENERAL JURISDICTION
Chapter 1. INSTITUTIONAL FRAMEWORK OF THE SYSTEM OF COURTS OF GENERAL JURISDICTION
Article
15. Types of the courts of general jurisdiction
1. The
system of general jurisdiction courts is based on the principles of territorial
division, specialization and hierarchy.
2. The
system of courts of general jurisdiction includes the following:
1) local
courts;
2) courts
of appeal;
3) high specialized courts;
4) the Supreme Court of Ukraine.
Article
16. Specialization of the courts of general jurisdiction
1. Courts of general
jurisdiction specialize in civil, commercial, administrative and criminal
cases.
2. Specialization
of courts in specific categories of cases may be implemented in the courts of
general jurisdictions.
Article
17. Procedure of
establishment of courts and selection of judges for administrative positions.
1. Courts
of general jurisdiction shall be established and dissolved by the President of
Ukraine on the basis of recommendations of the Minister of Justice of Ukraine
and agreed with the Head of State Judicial Administration of Ukraine and
Council of Judges of Ukraine. The Chief Justice of the Supreme Court of Ukraine
or the Chair of a relevant high specialized court
may address the Head of the State Judicial Administration of Ukraine
with a proposal regarding establishment or dismissal of courts.
2. Court
location and status shall be determined accounting for territorial,
specialization, and hierarchic principles.
3. Courts
shall be established or dissolved on such grounds as changes in the court
system as prescribed by this Law and may be the changes in administrative
system and territorial division.
The number of judges at courts shall
be determined by the President of Ukraine on the basis of recommendations of
the Head of State Judicial Administration of Ukraine, agreed with the Council
of Judges of Ukraine, in view of the suggested workload and within the limits
of allocations for maintenance of courts, as approved in State Budget of Ukraine
Chair of a local court, Chair of
appellate court and his/her Deputy, Chair of high specialized court and his/her
Deputy shall be appointed to these posts for a term of five years from a number
of the nominated judges and are released from their
posts by the Council of Judges of Ukraine.
Under the Council of
Judges of Ukraine a reserve of candidates if formed to replace Chairs of local
and appellate courts, high specialized courts, Deputy Chairs of the courts of
appeal and high courts. Procedure for the reserve and conduction of special
examinations of candidates are approved by the Congress of Judges of Ukraine.
A judge can be
appointed to a position of Chair or Deputy Chair of the court if he/she was on
this reserve for at least six months.
7. The
Chief Justice of the Supreme Court of Ukraine,
Deputy of the Chief Justice of the Supreme Court of Ukraine, Chairs of
Judicial Chambers of the Supreme Court of Ukraine are elected to their posts
for a term of 5 years from a number of judges of this court accordingly and
judges of according chamber, and are dismissed from these posts by the Plenary
Meeting of the Supreme Court of Ukraine.
8. A judge can not
occupy a post of the Chair of the court more than 2 terms in a row.
9. The fact that a
judge occupies any of the posts mentioned in items 5 and 7 of this article,
does not liberate him/her from the responsibilities of a judge of a respective
court, prescribed by the Law.
10. Dismissal of a
judge from the post mentioned in parts fifth, seventh of this article does not
deprive him/her of credentials of a judge. Termination of judge’s powers means
termination of his/her powers on the post mentioned in items 5 and 7 of this
article.
Chapter 2. LOCAL COURTS
Article
18. Types and composition of local courts
1. In the system of
courts of general jurisdiction there are local courts which operate as courts
of first instance in civil, commercial, administrative and criminal cases.
2. Local courts are:
1) district
courts - district, district in a city, city and city-district courts;
2) circuit
courts – circuit economic courts, circuit administrative courts and circuit
criminal courts, are formed in the circuits as decreed by the President of
Ukraine.
3. Territorial
jurisdiction of local courts shall be determined by the President of Ukraine
once they shall be formed.
4. A name of a
local court shall include the name of the settlement, where the court is
situated.
5. A local court
shall consist of no less than 3 judges of a local court, from the number of
which the Chair of the court shall be appointed.
Article
19. Jurisdiction of local court
1. Local
court shall be the first instance court and it hears the cases that fall within
its jurisdiction as prescribed by procedural law.
2. Local
district courts shall hear all civil cases and also administrative, criminal
and other cases within their jurisdiction.
3. Circuit
economic courts shall hear the cases involving private legal relations in
economic sphere that fall within their jurisdiction.
4. Circuit
administrative courts shall hear administrative cases involving public legal
relations within their jurisdiction.
5. Circuit criminal courts shall hear criminal cases that fall
within their jurisdiction. In circuit criminal courts for consideration of
separate categories of cases there shall be created a jury trial.
Article
20. Judge of a local court
1.
A judge of a local court shall:
1) administer justice in
accordance with the procedure defined by procedural law;
2) take the procedural measures
essential for hearing a case;
3) monitor according
to the law the timely implementation of the rulings made under his/her
chairmanship;
4)
exercise other
powers vested in him/her by the law.
Article
21. Chair of a local court
1. The
Chair of a local court shall:
1) represents a court
as a body of the state power in relations with other bodies of the state power,
local self-government authorities, citizens, institutions, and organizations;
2) exercise
control over the operation of the court staff;
3) issue a relevant order on the basis of reports on appointment
(election) of a judge or dismissal of judge from the post;
4) inform the High
Qualifications Commission of Ukraine about availability of vacant or temporary
vacant posts in the court within 10 days term;
5) determine
specialization of judges for consideration of specific categories of cases;
6) provide for
execution of a decision of the local court judges’ meeting;
7) take actions
regarding information-analytical support of judges in order to improve the
quality of justice;
9) provide
for improvement of skills of the judges of relevant court;
10) provide for keeping
the court statistics;
11) exercise other
powers specified by the law.
The Chair of a local court issues
the orders and instructions within the limits of power delegated to him.
2. Should
Chair of court be absent his/her administrative powers shall be exercised by a
judge of this court, which has the longest experience working as a judge.
Chapter 3. THE COURTS OF APPEAL
Article
22. Types and composition of the courts of appeal
1. In the system
of courts of general jurisdiction in Ukraine
appellate courts operate as courts of appeal in civil, commercial,
administrative and criminal cases.
2. The
courts of appeal are: appellate courts for
consideration of civil and criminal cases, economic courts of appeal, and
administrative courts of appeal, which are formed in the appellate
circuits as decreed by the President of Ukraine.
3. The court of appeal
shall include judges, elected to the post without time limitation, from the
number of which the Chairman shall be appointed. In the courts of appeal that
consider civil and criminal cases there shall be two Deputy Chairmen of the
court appointed. In economic and administrative courts of appeal there shall be
a Deputy Chairman appointed from the judges of these courts.
4. The
judicial chamber for consideration of civil cases and the judicial chamber for
consideration of criminal cases shall be created in the structure of the court
of appeal that considers civil and criminal cases. The Chairs of these chambers shall be Deputy Chairmen of
the court of appeal.
5. Under the court of
appeal there may be specialized boards of judges created for consideration of
specific categories of cases within the respective court jurisdiction.
6. The name of the
court of appeal shall include the name of the location, where it is located.
Article
23. Powers of the courts of appeal
1. Courts of appeal
shall:
1) consider the cases
of appeal of respective court jurisdiction;
2) analyze
the court statistics;
3) study and generalize the judicial
practice;
4) perform other
functions pursuant to the law.
Article
24. Judge of a court of appeal
1. Judge
of a court of appeal shall:
1) administer justice in
accordance with the procedure established by procedural law;
2) conduct
the court proceedings essential for ensuring of the hearing of the case;
3) monitor, pursuant
to the law, the timely implementation of the court decisions approved with
his/her participation;
4) exercise other
powers vested in him/her under the law.
Article
25. Chair of a court of appeal
1. The
Chairman of a court of appeal shall:
1) represent
a court as a state body in its relations with other state bodies, local
self-government authorities, citizens, institutions and organizations;
2)
assign the administrative powers of the Deputy Chairman of a court;
3)
control operation of the court staff;
4) issue a relevant order on the
basis of reports on appointment (election) of a judge or dismissal of judge
from the post;
5) inform the High
Qualifications Commission of Ukraine about availability of vacant or temporary
vacant posts in the court in a ten days term;
6) shall
submit for approval of the meeting of judges of a respective court the personal
composition of judicial chambers (in
the court of appeal considering civil and criminal cases);
7) provide for
execution of a decision of the appeal court judges’ meeting;
8) provide
for keeping and analysis of the court statistics, the study and generalization
of judicial practice;
9) take actions
regarding information-analytical support of judges in order to improve the
quality of judicature;
10) take due measures for improving
the skills of judges of a relevant court;
11) exercise other
duties as stipulated by law.
Chair of the court of appeals shall
issue orders and instructions on the matters within the limits of his/her
administrative powers.
2. Should
Chair of the appellate court be absent his/her administrative powers shall be
exercised by the Deputy Chair, and in case of absence of the Deputy Chair the
administrative powers shell be executed by judge of this court, which has the
longest experience working as a judge.
Article
26. Deputy Chair of a court of appeal
1. The
Deputy Chair of a court of appeal shall exercise administrative powers,
determined by the Chair of the court.
2. The
Deputy Chair of a court of appeal who is at the same time the Chair of a
judicial chamber, beside responsibilities defined by the Chair of the court
shall:
1) provide for the
analysis and generalization of the judicial practice for the cases falling
within the chamber's jurisdiction;
2) inform
the court presidium about the operation of a judicial chamber;
3) exercise other duties
as stipulated by law.
3. In case of
absence of the Deputy Chair of the court of appeal the functions of the Chair
of a judicial chamber shall be performed by the chamber's judge of senior age.
Chapter 4. HIGH SPECIALIZED COURTS
Article
27. Types and composition of high
courts
1. In the system of
courts of general jurisdiction high specialized courts operate as courts of
cassation instance in civil, commercial, administrative, and criminal cases. In
separate cases prescribed by the procedural law, high courts may act as courts
of first instance and courts of appeal.
2. The
high judicial bodies of specialized courts are represented by the High Civil
Court of Ukraine, the High Economic Court of Ukraine, the High Administrative
Court of Ukraine, and the High Criminal Court of Ukraine.
3. The
high specialized court shall consist of the judges elected to the posts for an
unlimited term, the Chair of a court and the Deputy Chair of a court appointed
from the number of judges.
4. The
specialized Judicial Chambers may be created in the high specialized court to
consider specific categories of cases falling within relevant court
jurisdiction.
5. The
plenary meeting of a high specialized court shall be held to settle the general
issues of operation of relevant specialized courts.
6.
The high specialized courts shall be located in the city of Kyiv.
Article
28. Powers of a high specialized court
1. The
high specialized courts shall:
1) hear the cases of a relevant
jurisdiction in keeping with the cassation procedure;
2) hear the cases of a relevant
jurisdiction in exceptional cases, identified by the procedural law;
3) analyze
the court statistics, study and generalize the judicial practice;
3) provide the
specialized courts of lower level with clarifications concerning application of
the law in consideration of cases within relevant
court jurisdiction with the aim of identical application of the
constitutional and legal norms in judicial practice;
4) exercise other
powers as specified by the law.
Article
29. Judge of a high specialized court
1. A judge of a
high specialized court shall:
1) administer justice in
keeping with the judicial procedure established by procedural law;
2) conduct the
judicial proceedings and take measures essential for consideration of cases;
3) monitor, pursuant
to the law, the timely implementation of the courts rulings approved with
his/her participation;
4) perform other
duties specified by the law.
Article
30. Chair of a high specialized court
1. The
Chair of a high specialized court shall:
1) represent
a high specialized court as state body in the relations with other state
bodies, local self-government authorities, citizens, institutions, and
organizations, also with the state bodies of other countries, and international
organizations;
2) allocate
the functions of the Deputy Chair of a court;
3) control the
operation of court staff, assign ranks of civil servants to the head of staff and his/her deputies according to
the procedure prescribed by the law, provide them with incentives and
mete out disciplinary punishments according to the
respective legislation;
4) issue
a relevant order on the basis of the reports on election (appointment) of a
judge or dismissal of the judge from his/her post;
5) inform the High
Qualifications Commission of Ukraine about availability of vacant or temporary
vacant posts in the court within 10 days term;
6) introduce,
accordingly to this Law, proposals on the creation and
dissolution of relevant local courts and courts of appeal, or regarding changes
in the number of judges in them;
7) convene
the plenary meeting of a high specialized court, submit
the issues for its consideration and preside over its meetings;
8) inform
the Plenary Meeting of the Supreme Court of Ukraine on the performance of a
high specialized court;
9) provide
for the implementation of the rulings of the high specialized court;
10) organize keeping
and analysis of the court statistics, study and generalize
the judicial practice;
11) take actions
regarding information-analytical provision of judges in order to improve the
quality of judicature;
12) take due measures for improving
the skills of judges of a relevant court;
13) exercise other
powers set forth by the law.
The Chair of a high specialized
court shall issue orders and instructions concerning the issues within the
limits of administrative power delegated to him.
2. In case of
absence of the Chair of a high specialized court the Deputy Chair shall
exercise his/her administrative powers,
in case of absence of the Deputy Chair the administrative powers shell be
executed by judge of this court, which has the longest experience working as a
judge..
Article
31. Deputy Chair of a high specialized court
1. A Deputy
Chair of a high specialized court shall exercise
administrative powers, assigned by the Chair of the court.
Article
32. Plenary meeting of a high specialized court
1. The plenary
meeting of high specialized court operates with all judges of high specialized
court for resolving issues connected with provision of unity of judicial
practice in cases of respective specialized jurisdiction, and other matters
that fall within its jurisdiction according to this Law.
2. The plenary
meeting of high specialized court shall:
1) provide the
specialized courts of lower level with clarifications concerning application of
the law in consideration of cases within relevant
court jurisdiction with the aim of identical application of the
constitutional and legal norms in judicial practice;
2) approve the
composition of the scientific-consulting council under the high specialized
court and regulations regarding it; approve the composition of editorial board
of the official periodical of the high specialized court;
3) hear
the information of the Chair of the high specialized court on the practice of
resolving relevant court cases;
4) make decision on
addressing to the Constitutional Court of Ukraine with the request for official
interpretation of the Constitution of Ukraine and laws of Ukraine;
5) review
and solve other issues within jurisdictions pursuant to
law.
3. The plenary
meeting of a high specialized court shall be held not less than two times per
year. The date of the meeting shall be known to the members of the plenary meeting ten days in advance. In the
very same time materials concerning the issues, which are to be discussed at
the plenary meeting, are sent out.
4. The plenary
meeting shall be considered as legally valid if attended by at least two thirds
of the plenary meeting members.
5. When the plenary
meeting shall consider the matters, stated in items
1, 3, and 5 of the second part of the article, the Minister of Justice of
Ukraine has a right to take part in the meeting.
Representatives of
state government bodies, scientific institutions, public organizations, mass
media, etc may be invited to the plenary meeting.
6. Resolutions
of the plenary meeting of the high specialized court shall be passed by open
ballot by a majority of votes of the plenary
meeting members; the resolutions shall be signed by the person that presided over
the meeting.
Article
33. Scientific and consultative council and official periodical of a high
specialized court
1. The
scientific and consultative council will be created at a high specialized court
to analyze the issues concerning the preparation of a scientific, well-grounded
interpretation of the laws in force, and also to draw the conclusions relating
to the draft laws and other enactments, also to consider the issues involving
the need for scientific support of operation of a high specialized court.
2. The structure and operation of the
scientific and consultative council shall be established by the regulations
that are approved by the Plenary Meeting of a high specialized court.
3. A
high specialized court shall run the official periodical containing the
information on judicial practice, the decisions on administration of a high
specialized court and relevant courts, and other
materials
Chapter 5. THE SUPREME COURT OF UKRAINE
Article
34. The Supreme Court of Ukraine – the highest judicial authority
1. The
Supreme Court of Ukraine
is the highest judicial authority within the system of general jurisdiction
courts. The Supreme Court of Ukraine shall administer justice, provide for
identical application of the laws in force by all courts of general jurisdiction.
2. The
Supreme Court of Ukraine shall:
1) consider
cases except for those circumstances, prescribed by the procedural law,
consider cases in other cases, prescribed by the law;
2) clarify for the
courts the application of the laws with the aim of identical application of the
legal norms in judicial practice.
3) make
a conclusion about the availability or absence of the evidences of high treason
or another crime in the actions of the President of Ukraine which he is charged
with; submit, as requested by the Verkhovna Rada of Ukraine, the written
judgment on the impossibility for the President of Ukraine to exercise his
powers on medical grounds;
4) apply
to the Constitutional Court of Ukraine provided the courts of general
jurisdiction have some doubts in the course of administration of justice about
the constitutional validity of the laws and other enactments, also apply to the
Constitutional Court for official interpretation of the Constitution and laws
of Ukraine;
5) keep and analyze the court
statistics, study and generalize the judicial practice, and practical
application of the laws in force by courts;
6) deal, within the limits of its
power, with the issues pertaining to the international treaties of Ukraine;
represent the courts of general jurisdiction in relations with the courts of
other countries;
7) exercise other
powers pursuant to the law.
Article
35. Composition of the Supreme Court of Ukraine
1. The
Supreme Court of Ukraine
shall be headed by the Chief Justice of the Supreme Court of Ukraine, which has
a deputy. The composition of the Supreme
Court of Ukraine shall include eleven judges from each specialized jurisdiction
(civil, commercial, administrative, criminal), elected for an unlimited term
The membership of the judicial
chambers that consider the cases falling within the jurisdiction of specialized
courts shall consist of the judges that have the experience of working as the
judges in a relevant high court of at least three years.
2. The
structure of the Supreme Court of Ukraine shall include:
1) judicial chamber for
consideration of civil cases;
2)
judicial chamber for
consideration of criminal cases;
3) judicial chamber for
consideration of economic cases;
4) judicial chamber for
consideration of administrative cases.
3. The
Plenary meeting of the Supreme Court of Ukraine shall function at the Supreme
Court of Ukraine to consider the issues pursuant to the Constitution of Ukraine
and this Law. Membership and work of the Plenary
meeting are specified pursuant to this Law.
4. The
scientific and consultative council shall be formed at the Supreme Court of
Ukraine whose status is determined pursuant to this Law.
5. The
Supreme Court of Ukraine
shall have the official edition of the Supreme Court of Ukraine and may be a co-founder
of other publications.
6. The
Supreme Court of Ukraine
shall be located in the city of Kyiv.
Article
36. Judge of the Supreme Court of Ukraine
1. A judge of
the Supreme Court of Ukraine shall:
1) administer justice in the manner prescribed by
procedural law;
2) conduct the court
proceedings and take organizational measures essential for consideration of
cases;
3) participate
in discussion of the issues submitted for consideration of the meeting of a
relevant Judicial chamber and the plenary session of
the Supreme Court of Ukraine;
4) analyze
the judicial practice; put forward the proposals, in keeping with the
established procedure, concerning the improvement of such practice and the laws
in force;
5) exercise other
powers set forth by the law.
Article
37. Chief Justice of the Supreme Court of Ukraine
1. The
Chief Justice of the Supreme Court of Ukraine shall:
1) represent
the Court as a state body in its relations with other state bodies of Ukraine,
local self-government authorities, citizens, institutions, and organizations,
also with judicial authorities of other countries and international
organizations;
2) organize the
operation of the Supreme Court of Ukraine, determine
administrative responsibilities of the Deputy Chief
Justice of the Supreme Court of Ukraine, Chairmen of Judicial Chambers of the
Supreme Court of Ukraine;
3) convene
the Plenary meeting of the Supreme Court of Ukraine,
submit the issues for their consideration and preside over their meetings;
4) preside
over the sessions of the boards of justices of the Supreme Court of Ukraine
during consideration of any case;
5) submit,
pursuant to this Law, the proposals on creation of the courts or changes of the
number of judges in the courts;
6) issue
a relevant order on the basis of reports on election of a person to the post of
a judge of the Supreme Court of Ukraine or dismissal of a judge from his/her
post;
7) inform the High
Qualifications Commission of Ukraine about availability of vacant or temporary
vacant posts in the court within 10 days term;
8) be
in charge of the operation of the staff of the Supreme Court of Ukraine; assign
to the members of court staff the ranks of public servants, in the order
prescribed by the Law, provide them with incentives and mete out disciplinary
punishment in the manner prescribed by legislation;
9) inform
the plenary meeting of the Supreme Court of Ukraine on the performance of the
Supreme Court of Ukraine;
10) exercise other
powers under the law.
The Chief Justice of the Supreme
Court of Ukraine shall issue orders and instructions concerning the matters
falling within his/her administrative jurisdiction.
2. The
Chief Justice of the Supreme Court of Ukraine shall be member of the High
Council of Justice ex officio.
3. Should
the Chief Justice of the Supreme Court of Ukraine be absent his/her
administrative responsibilities shall be exercised by the Deputy Chief Justice
of the Supreme Court of Ukraine, and if the second is absent, administrative
responsibilities shall be exercised by a judge of this court, which has the
largest experience working on the post of a judge.
Article
38. Election of Chief Justice of the Supreme court of Ukraine
1. The
Chief Justice of the Supreme Court of Ukraine shall be elected at the Supreme
Court of Ukraine Plenary meeting for a term of five years by secret vote. The
Chief Justice shall be deemed elected if the majority of the total Plenum
membership has voted for him /her.
2. The
procedure of election of the Chief Justice of the Supreme Court of Ukraine and
his/her removal from the post shall be established as per theinternal
regulations of the Plenary meeting of the Supreme Court of Ukraine passed by
the Plenary meeting. No changes shall be allowed in the said procedure within
six months before expiry of the term of office of the Chief Justice of the
Supreme Court of Ukraine.
Article
39. Deputy Chief Justice of the Supreme Court of Ukraine
1. The
Deputy Chief Justice of the Supreme Court of Ukraine shall run the operation of
structural divisions of the Court pursuant to the fixed procedure of allocation
of administrative duties; may preside over the sessions of the boards of
justices of the Supreme Court of Ukraine.
The Deputy Chief Justice of the
Supreme Court of Ukraine shall issue the orders and instructions falling within
the limits of his/her administrative power.
2. The
Deputy Chief Justice of the Supreme Court of Ukraine shall be appointed to the
post from among the judges of the Supreme Court of Ukraine for a term of five
years and be removed from the post by the Plenary Meeting of the Supreme Court
of Ukraine. The decision on appointment of
the Deputy Chief Justice of the Supreme Court of Ukraine shall be passed by
secret ballot not later than within a period of three months from the date of
creation of a relevant vacant post. He/she may be
elected for the post repeatedly.
3. The
Deputy Chief Justice of the Supreme Court of Ukraine may be removed from
his/her post before his/her terms in office expire according to the procedure,
stipulated by Regulations of the Plenum of the Supreme Court of Ukraine.
Article
40. Judicial Chambers of the Supreme Court of Ukraine
1. The
Judicial Chambers of the Supreme Court of Ukraine shall:
1) prove
administration of justice by the boards of judges of the Supreme
Court of Ukraine in relative cases;
2) analyze
the court statistics and study the judicial practice;
3) prepare
the draft resolutions of the Plenary Meeting of the Supreme Court of Ukraine;
4) exercise other
powers under the law.
2. A Judicial
Chamber of the Supreme Court of Ukraine shall be run by the Chair of a Judicial
Chamber.
3. The
Chair of a Judicial Chamber of the Supreme Court of Ukraine shall:
1) provide for
operation of a relevant Judicial Chamber;
2) provide for
analysis of the court statistical data, study and generalization of the
judicial practice pertaining to the jurisdiction of a Judicial Chamber;
3) submit for consideration of the
Plenary Meeting of the Supreme Court of Ukraine the proposals on the necessity
for clarifying specific issues of application of the law in judicial practice
by courts;
4) exercise other
powers under the law.
4. A group of
scientific consultants of the Supreme Court of Ukraine shall function at a
Judicial Chamber.
Article
41. Plenary Meeting of the Supreme Court of Ukraine
1. The
Plenary Meeting of the Supreme Court of Ukraine is a collective body,
whose jurisdictions are pursuant to the Constitution of Ukraine and this Law.
The Presidium of the Supreme Court of Ukraine consists of all judges of the
Supreme Court of Ukraine.
2. The
Plenary meeting of the Supreme Court of Ukraine shall:
1) in
keeping with the procedure under this Law, elect the Chief Justice of the
Supreme Court of Ukraine and his/her Deputy and remove them from the posts by
secret ballot;
2) appoint to and
remove persons from the posts of Chairs of Judicial Chambers of the Supreme
Court of Ukraine;
3) appoint and dismiss
Secretary for the Plenary meeting of the Supreme Court of Ukraine from among
the judges of the Supreme Court of Ukraine on suggestion
of the Chief Justice of the Supreme Court of Ukraine;
4) hear
the progress reports of the Chief Justice of the Supreme Court of Ukraine,
Deputy Chief Justice of the Supreme Court of Ukraine, the Chairs of Judicial
Chambers of the Supreme Court of Ukraine, the Chairs of the high specialized
courts regarding the operation of Judicial Chambers and relevant courts;
5) clarify for the
courts the application of the laws in force in judicial practice on the basis
of its generalization and analysis of the court statistics with the purpose of
identical application of norms of law in the judicial practice;
6) decide on applying to the Constitutional
Court to consider the issues on
constitutional validity of the laws in force, also on official interpretation
of the Constitution and laws of Ukraine;
7) approve, the
conclusion on presence or absence of the evidences of high treason or other
crimes in the actions of the President of Ukraine which he is charged with;
also approve the submission for consideration of the Verkhovna Rada the
judgment about the impossibility for the President of Ukraine to exercise his
powers on medical grounds.
3. A session of
the Plenary Meeting of the Supreme Court of Ukraine shall be considered as
legally competent if attended by at least two thirds if its members.
4. The
Minister of Justice of Ukraine has a right to take part in the work of a
Plenary Meeting of the Supreme Court of Ukraine
when issues stated in items 4, 5, and 6 of this article are under Plenum’s
consideration.
Representatives of state government
bodies, scientific institutions, public organizations and mass media may be
invited to a session of the Plenary Meeting of the Supreme Court of Ukraine.
5. A Plenary
Meeting of the Supreme Court of Ukraine shall be convened if necessary but at
least once in three months. The participants
in a Plenary Meeting shall be informed about its date and the issues to be
discussed at it not later than ten days before holding the meeting.
6. The
Plenary Meeting shall be chaired by the Chief Justice of the Supreme Court of
Ukraine or, in case of his/her absence, by the First Deputy Chief Justice or a
Deputy Chief Justice of the Supreme Court of Ukraine pursuant to the
Regulations.
7. The
procedure of work of a Plenary Meeting of the Supreme Court of Ukraine shall be
established by this Law and the Regulations of the Plenary Meeting of the
Supreme Court of Ukraine adopted in conformity with this Law.
8. A Plenary
Meeting of the Supreme Court of Ukraine shall pass the resolutions on the
issues considered by it. The resolutions of a Plenary Meeting of the Supreme
Court of Ukraine shall be signed by the person presiding over the Plenary
Meeting and the Secretary of Plenary Meeting, and published in the official
edition of the Supreme Court of Ukraine.
9. The
Secretary of Plenary Meeting of the Supreme Court of Ukraine shall organize the
work of the secretariat of the Plenary Meetings, prepare the Plenary Meetings,
keep the Plenary Meeting’s minutes and exercise control over fulfillment of the
decisions taken by a Plenary Meeting of the Supreme Court of Ukraine.
Article
42. Staff of the Supreme Court of Ukraine
1. The
staff of the Supreme Court of Ukraine shall be available to provide for
organizational, methodological, financial, and information support of operation
of the Supreme Court of Ukraine. The staff
regulations, the number of judicial employees and the staff structure shall be
approved by the Plenary Meeting of the Supreme Court of Ukraine as proposed by
the Chief Justice of the Supreme Court of Ukraine.
2. The
staff of the Supreme Court of Ukraine shall be headed by the head of the staff.
The head of the staff of the Supreme Court of Ukraine shall represent the
Supreme Court of Ukraine as a legal entity, approve personnel list and budget
of costs for maintenance of the Supreme Court of Ukraine, and approve
regulations regarding structure subdivisions of the staff of the Supreme Court
of Ukraine.
3. The
materials pertaining to operation of the Supreme Court of Ukraine shall be kept
in the Archives of the Supreme Court of Ukraine.
Article
43. Scientific and consultative council and editions of the Supreme Court of
Ukraine
1. The
Scientific and consultative council shall be set up at the Supreme Court of
Ukraine that consists of the high-qualified law experts for preliminary
consideration of the draft resolutions of a Plenary Meeting of the Supreme
Council of Ukraine concerning the interpretation of the laws in force, drawing
the conclusions on the draft enactments and other aspects of operations of the
Supreme Court of Ukraine that require scientific support.
2. The
procedure of organization and work of the Scientific and consultative council
of the Supreme Court of Ukraine shall be determined by the regulations to be
approved by Plenary Meeting of the Supreme Council of Ukraine.
3. The
Supreme Court of Ukraine
has its official edition that publishes the materials pertaining to judicial
practice of the Supreme Court of Ukraine and other courts of general
jurisdiction as well as the materials on the issues connected with operation of
courts of general jurisdiction, and other materials.
Section IІІ. QUALIFICATIONS
COMMISSIONS OF JUDGES
Article
44. The status of qualifications commissions of judges
1. Qualifications
commissions are assigned with a task of establishing corps of professional
judges that are able to administer law in good faith, efficiently and
impartially. To achieve this goal the commissions shall select and recommend
nominees to hold the posts of professional judges; shall determine level of the
nominees’ professional skills. The said commissions shall also deal with the
issues connected with the judges’ dismissal from their posts in cases,
determined by the law. .
Article
45. Types of the qualifications commissions of judges
1. The
following qualifications commissions shall function within the judicial system
of Ukraine:
1) Regional qualifications
commissions;
2) High
Qualifications Commission of Judges of Ukraine.
2. Regional qualifications
commissions of judges shall operate in regions, the
city of Kyiv and Autonomous Republic of Crimea.
3. High
Qualifications Commission of Judges of Ukraine shall function in the city of Kyiv.
Article
46. Membership of the qualifications commissions of judges
1. The
regional qualifications commissions of judges shall include seven members that
have a higher legal education. The regional
qualifications commissions of judges shall include:
1) four
judges, appointed to a qualifications commissions of judges
from each court jurisdiction by the respective congress of judges of local and
appeal courts;
2) one
person appointed by the Minister of Justice of Ukraine;
3) one
person authorized by a relevant regional, Kyiv city council and the Verkhovna
Rada of Autonomous Republic of Crimea. at the place of location of a qualifications commission of
judges;
4) one
person, appointed by the regional department of the State Judicial
Administration of Ukraine.
2. The
High Qualifications Commission of Judges of Ukraine
shall include fifteen members that have a higher legal education. This
Commission shall consist of:
1) eight
judges, appointed by the Congress of Judges of Ukraine (two judges from each
court jurisdiction);
2) two persons appointed by the
Verkhovna Rada of Ukraine;
3) two persons appointed by the
President of Ukraine;
4) one person appointed by the
Commissioner for human rights of the Verkhovna Rada of Ukraine;
5)
one person
appointed by the Minister of Justice of Ukraine;
6) one
person appointed by the congress of lawyers of Ukraine from a number of lawyers.
3. The term of powers
of the member of a qualifications commission of judges shall be
tree years from the day of appointment. The person may not execute powers of the member of a judicial board of experts two
terms in a row.
4. The members of the
High Qualifications Commission of Judges of Ukraine for the
time of their powers are transferred to the High Qualifications
Commission of Judges of Ukraine and can not execute their professional duties
at their main place of work.
Article
47. Formation of the qualifications commissions of judges
1. Members
of the regional qualifications commissions of judges from among the judges
shall be appointed by secret or open ballot by the conferences of judges of
relevant courts while members of the High Qualifications Commission of Judges
of Ukraine shall be elected by the Congress of Judges of Ukraine through open
or secret ballot. In case of withdrawal of a
judge – a member of the qualifications commission of judges prior to another
person from among the judges shall be appointed by the Congress of Judges of
Ukraine, the Council of Judges of Ukraine appoints another person from among
the judges.
2. Chairs of courts,
their deputies, chairs of judicial chambers, members of the High Council of
Justice and Discipline Commission of Judges of Ukraine can not be appointed to
regional qualifications commission of judges and the High
Qualifications Commission of Judges of Ukraine.
3. The relevant
council, mentioned in the part 1 of article 46, shall make a decision on
appointment of a member of a regional qualifications
commission of judges in the order, prescribed by its regulations.
4. The regional
department of the State Judicial Administration of Ukraine shall appoint a
member of a regional qualifications commission of judges by the
decree of its head.
5. The
President of Ukraine
shall appoint by his decree members of the High Qualifications Commission of
Judges of Ukraine.
6. The
Verkhovna Rada of Ukraine
will pass the resolution on appointment of members of the High Qualifications
Commission of Judges of Ukraine.
7. The Commissioner
of the Verkhovna Rada of Ukraine
for human rights shall issue a decree on appointment of the member of the High
Qualifications Commission of Judges of Ukraine.
8. The
Minister of Justice of Ukraine
shall issue the order on appointment of members of the qualifications
commissions of judges..
9. The congress of
lawyers of Ukraine
shall appoint a member of the High Qualifications Commission of
Judges of Ukraine in the order, prescribed by the
Law of Ukraine
“On the High Council of Justice” for election of members of the High Council of
Justice.
10. A regional
qualifications commission of judges shall be considered as duly competent
provided at least five persons have been appointed (elected) to its membership,
while the High Qualifications Commission of Judges of Ukraine shall be
considered as duly competent provided at least eleven persons have been
appointed to its membership.
Article
48. Powers of a regional qualifications commission of judges
1. A regional
qualifications commission of judges shall:
1) conduct the
qualification certification of judges and assign the qualification ranks (not
over the third category) to judges;
2) publicize
information regarding initiating of the issue of election of judges without
term limitation;
3) terminate
the term of resignation of the judges of local courts;
4)
exercise other
duties under the law.
2. The order and
procedure of operation of the regional qualifications commission
of judges is determined by its regulations, accepted by the majority of the
general composition of the board according to the Typical Regulations of work
of a regional qualifications commission of judges, approved by the Council of
Judges of Ukraine.
Article
49. Powers of the High Qualifications Commission of Judges of Ukraine
1. The
High Qualifications Commission of Judges of Ukraine
shall:
1) check
the compliance of candidates for the posts of judges with the requirements,
determined by the law, make decisions regarding recommendation of a candidate
for a position of a judge or election of judge without term limitation
(including to the court of higher level) or provide conclusion for dismissal of
a judge from the post; ;
2) conduct the
qualification certification of judges and assign the qualification ranks
(starting from the second category) to judges;
3) review complaints
on the decisions of the regional qualifications commissions of judges;
4) publicize
information regarding opening of the competition for vacant posts of judge;
5) exercise other
duties under the law.
2. On
the basis of the results of consideration of a complaint the High
Qualifications Commission of Judges of Ukraine may leave a decision of a
regional qualifications commission of judges unchanged, change such a decision
or cancel it.
3. The
procedure of operation of the High Qualifications Commission of Judges of
Ukraine shall be determined by its Regulations, passed by a majority of votes
of members of the High Qualifications Commission of Judges of Ukraine.
Article
50. Meeting of a qualifications commission of judges
1. A
qualifications commission of judges shall hold its meetings regularly, but not
later than within two months after a commission received a relevant request or proposal,
if other is not determined by the law.
2. A
qualifications commission’s of judges meeting shall be transparent unless
decided otherwise by a commission.
3. The
meetings of a qualifications commission of judges shall be prepared by Chair of
a commission or by secretary of a board as ordered by Chair of a board. Chair of a judicial board of experts shall fix
the time and place of holding a meeting, also the issues to be considered by
it; not later than 10 days before a meeting the Chair shall inform about the
said meeting and issues members of the board and other interested persons.
4. A meeting of
a qualifications commission of judges shall be considered as duly competent if
attended by majority of votes of its members.
5. A meeting of
a qualifications commission of judges shall be chaired by Chair of a
commission; in the event of his/her absence a meeting shall be chaired by
deputy Chair or secretary of a commission. Other persons may be invited to
participate in a commission's meeting if a commission decides that the presence
of such persons is necessary.
Article
51. The rights of members of a qualifications commission of judges
1. A member of a
qualifications commission of judges has the right to:
1) study the materials submitted for
consideration of a board, participate in their analysis and verification;
2) submit
his/her requests and proposals, also other documents concerning the issues to
be considered;
3) submit the proposals on a draft
resolution of a board pertaining to any issues, also vote for or against a
proposal;
4) express
his/her personal opinion on any resolution of the judicial board of experts.
Article
52. Withdrawal of member of a qualifications commission of judges
1. Member
of a qualifications commission of judges has no right to participate in
consideration of issues or in the decision making process and shall be
withdrawn (self-withdrawn) provided the facts that put in doubt the
impartiality of such a member have been proved. Given the said facts such
member shall submit his/her self-withdrawal. For the same reasons the
withdrawal of member of a commission may be requested by the person under a
commission's consideration, also the persons that requested a commission to do
so.
2. The
withdrawal shall be well-grounded and submitted in writing to a commission
prior to consideration of this issue. The person presiding over a meeting shall
inform about this the commission's member subject to withdrawal.
3. The
decision on withdrawal (self-withdrawal) of a commission's member shall be
taken by a majority of votes of the commission's members attending a meeting
provided the commission's member subject to withdrawal (self-withdrawal) is
absent.
Article
53. Decisions to be taken by a qualifications commission of judges
1. The
decisions of a qualifications commission of judges shall be taken by a majority
of votes of the commission's members attending a meeting if otherwise not
provided by this Law. The voting shall be conducted in the absence of the
person concerned and other persons invited to attend the meeting.
2. While
considering the issue about the judge that is a commission's member, such judge
shall not participate in the discussion and voting procedure.
3. The
decision of a qualifications commission of judges shall be taken in writing and
contain the following: the date and place of taking this decision, the
commission's composition, the issues under consideration, and the grounds for
taking the decision. The decision shall be signed by the chair of a meeting and
members of a commission that took part in a meeting.
4. Given
a dissenting personal opinion, the latter shall be presented in writing by the
member of a commission concerned and attached to the case; the person presiding
over a meeting shall inform the meeting about this but not disclose the content
of such opinion.
5. Within
the space of seven days the copy of the decision of a qualifications commission
of judges shall be sent to the person that requested to take the decision to
this effect and the person who was the subject of such a decision.
Article
54. Support of operation of the qualifications commissions of judges
1. The
High Qualifications Commission of Judges of Ukraine
shall establish its own secretariat for the organizational support of its
activity. Secretariat of the regional qualifications commission of judges is
created under respective regional department of the State Judicial
Administration of Ukraine.
2. The
High Qualifications Commission of Judges of Ukraine
is a legal entity, has its own Seal with the State Emblem of Ukraine and its
name, independent balance and bank accounts.
3. Members of the High
Qualifications Commission of Judges of Ukraine shall be provided with the
compensation, provided by the legislation accordingly for judges, employees of
Presidential staff, staff of Verkhovna Rada of Ukraine,
secretariat of the Commissionaire on Human Rights of the Verkhovna Rada of Ukraine,
Ministry of Justice of Ukraine.
Compensation shall be paid according to salaries for posts, which they occupy in
bodies they were sent from.
Resigned judges,
lawyers, who are the members of the High Qualifications
Commission of Judges of Ukraine, shall be paid
compensation in amount of average salary of other members of the board.
Compensation shall be
paid from the State Budget of Ukraine.
Section ІV. DISCIPLINE COMMISSION OF JUDGES OF UKRAINE
Article
55. The status of the Discipline
Commission of Judges of Ukraine
1. The Discipline Commission of Judges of Ukraine is continuously operating body in the
judicial system of Ukraine, which shall bear functions of execution of
disciplinary application to judges of local and appeal courts.
Article
56. Composition of the Discipline
Commission of Judges of Ukraine
1. The
Discipline Commission of
Judges of Ukraine shall include fifteen members
that have a higher legal education. The
Commission shall include:
1) nine judges,
including those retired, who has not reached 70 years, appointed by the
Congress of Judges of Ukraine, but not less than two representatives from each
specialized jurisdiction;
2) two persons appointed by the President of Ukraine;
3) two persons appointed by the
Verkhovna Rada of Ukraine;
4) one person appointed by the
Minister of Justice of Ukraine;
5) one
person appointed by the congress of lawyers of Ukraine from a number of lawyers
2. The term of powers
of the member of Discipline Commission
of Judges of Ukraine shall be tree years from the day of
appointment.
3. The members of Discipline Commission of Judges of Ukraine for
the time of their powers are transferred to the Discipline Commission of Judges of Ukraine and
can not execute their professional duties at their main place of work.
Article
57. Formation of the
Discipline Commission of Judges of Ukraine
1. Members
of the Discipline
Commission of Judges of Ukraine from among the judges shall be elected
by secret or open ballot by the conferences of judges of Ukraine. In case of withdrawal of a judge – a member of the Discipline Commission of Judges
of Ukraine prior to another person from among the judges shall be
appointed by the Congress of Judges of Ukraine, the Council of Judges of
Ukraine appoints another person from among the judges.
2. Chairs of courts,
their deputies, members of the High Council of Justice and the High
Qualifications Commissions of Judges of Ukraine can
not be elected to Discipline Commission
of Judges of Ukraine. A person that has a disciplinary punishment shall not be
permitted to become a member of the Discipline Commission of Judges of Ukraine.
3. The
President of Ukraine
shall appoint by his decree members of the Discipline Commission of Judges of Ukraine.
4. The
Verkhovna Rada of Ukraine
will pass the resolution on appointment of members of the Discipline Commission of Judges
of Ukraine.
5. The
Minister of Justice of Ukraine
shall issue the order on appointment of members of the Discipline Commission of Judges of Ukraine.
6. The convention of
lawyers of Ukraine
shall appoint a member of the Discipline Commission of Judges of Ukraine in the order, prescribed by the Law of Ukraine “On the High Council of Justice” for election of member of the High
Council of Justice.
7. The
Discipline Commission of
Judges of Ukraine shall be considered as duly
competent provided at least eleven persons have been appointed to its
membership.
Article
58. Support of operation of the Discipline Commission of Judges of Ukraine
1. The
Discipline Commission of
Judges of Ukraine shall elect from its
composition by open or secret ballot the Chairman of the Commission, his/her
Deputy and Secretary of the Commission. That candidate shall be considered
elected, who received the majority of votes of the general composition of the
Commission.
2. The Chair of the
Discipline Commission of Judges of
Ukraine shall provide for operation of the Commission, assign duties and
responsibilities among its members, convene the meetings of the Commission, and
preside at them, shall be responsible for the clerical work of the Commission.
3. In case of
absence of the Chair of the Discipline
Commission of Judges of Ukraine his/her duties shall be executed by his/her
Deputy, in case of the Deputy’s absence – duties are executed by the Secretary
of the Commission.
4. The order and
procedure of operation of the Discipline
Commission of Judges of Ukraine is
determined by its Regulations, accepted by the majority of the general
composition of the Commission.
Article
59. Meeting of the Discipline
Commission of Judges of Ukraine
1. Meetings
of the Discipline Commission of Judges of Ukraine shall be transparent
unless decided otherwise by the Commission.
2. The
meetings of the Discipline Commission of Judges of Ukraine shall be prepared by Chair
of the Commission or by Deputy Chair or Secretary of the Commission as ordered
by Chair of a Commission. Chair of the Discipline
Commission of Judges of Ukraine shall fix the time and place of
holding a meeting of the Commission, also the issues to be considered by it;
not later than 10 days before a meeting the Chair shall inform about the said
meeting and issues the person subject to consideration, and other persons of address.
3. A meeting of the Discipline
Commission of Judges of Ukraine shall be considered as duly
competent if attended by the majority of its members.
4. A meeting of the Discipline
Commission of Judges of Ukraine shall be chaired by Chair of the
Commission; in the event of absence of the Chair a meeting shall be chaired by
Deputy Chair or Secretary of the Commission. Other persons may be invited to
participate in the Commission’s meeting if the Commission decides that the
presence of such persons is necessary.
Article
60. The rights of members of the Discipline Commission of Judges of Ukraine
1. A member of the Discipline
Commission of Judges of Ukraine has the right to:
1) study the materials submitted for
consideration of the Commission, participate in their analysis and verification;
2) submit
his/her requests and proposals concerning the issues to be considered;
3) submit the proposals on a draft
resolution of the Commission pertaining to any issues, also vote for or against
a proposal;
4) express
his/her personal opinion in writing on any resolution of the Discipline
Commission of Judges of Ukraine.
Article
61. Withdrawal of member of the Discipline Commission of Judges of Ukraine
1. Member
of the Discipline Commission of Judges of Ukraine has no right to
participate in consideration of issues or in the decision making process and
shall be withdrawn (self-withdrawn) provided the facts that put in doubt the
impartiality of such a member have been proved. Given the said facts such
member shall submit his/her self-withdrawal. For the same reasons the
withdrawal of member of the Commission may be requested by the persons under the
Commission’s consideration, also the persons that requested the Commission to
do so.
2. The
withdrawal shall be well-grounded and submitted in writing to the Commission
prior to consideration of this issue. The person presiding over a meeting shall
inform about this the Commission’s member subject to withdrawal.
3. The
decision on withdrawal (self-withdrawal) of the Commission’s member shall be
taken by a majority of votes of the Commission’s members attending a meeting
provided the Commission’s member subject to withdrawal (self-withdrawal) is
absent.
Article
62. Decisions to be taken by the Discipline Commission of Judges of Ukraine
1. The
decisions of the Discipline Commission of Judges of Ukraine shall be taken by a
majority of votes of the general composition of the Commission. The voting
shall be conducted in the absence of the court inspector, judge whose case is
under consideration, and other persons invited to attend the meeting.
2. While
considering the issue about the judge that is a member of the Discipline
Commission of Judges of Ukraine, such judge shall not participate
in the discussion and voting procedure.
3. The
decision of the Discipline Commission of Judges of Ukraine shall be taken in writing
and contain the following: the date and place of taking this decision, the
composition of the Commission, the issues under consideration, and the grounds
for taking the decision. The decision shall be signed by the chair of a meeting
and members of the Commission that took part in a meeting.
4. Given
a dissenting personal opinion, the latter shall be presented in writing by the
member of the Commission concerned and attached to the case; the person
presiding over a meeting shall inform the meeting about this but not disclose
the content of such opinion.
5. Within
the space of 7 days the copy of the decision (conclusion) of the Discipline
Commission of Judges of Ukraine shall be sent to the court
inspector, at whose inquiry this case was under consideration, and the judge
who was the subject of such a decision.
Article
63. Service of judicial inspectors
1. The service of
judicial inspectors shall operate under the Discipline Commission of Judges of Ukraine for examination of presence of grounds
for bringing judges of local and appeal courts to disciplinary liability.
2. Judicial inspectors
shall perform examinations of data regarding presence of grounds for bringing judge of local and appeal courts to
disciplinary liability at the written order of the board of the
Discipline Commission of three
participants.
3. The number of
judicial inspectors shall be determined by the Congress of Judges of Ukraine,
accounting in average one judicial inspector for 200 judges of local and appeal
courts.
4. Judicial inspectors
are appointed by the Council of Judges of Ukraine from among the judges,
retired judges, prosecutors, lawyers that worked as judges, prosecutors and
advocates not less than ten years and did not reach 70 years and have perfect
reputation. A person that has a disciplinary punishment may not become a
judicial inspector.
5. Persons shall be
appointed to the posts of judicial inspectors for three years and may not
execute powers of a court inspector two terms in a row.
6. Judicial inspectors
shall be sent to the Discipline
Commission of Judges of Ukraine for the term of their powers
and can not execute their powers of the main place of work.
7. Judicial inspectors
shall conduct examinations in courts according to the decision of the
Discipline Commission of Judges of
Ukraine. According to the results of inspection in view of presence of the
grounds, prescribed by the law, a judicial inspector shall initiate a disciplinary inquiry concerning the judge.
Article 64. Provision of
operation of the Discipline Commission of Judges of Ukraine and service of
judicial inspectors
1. In order to
provide the operation of the Discipline Commission of Judges
of Ukraine and service of judicial inspectors, there shall by a secretariat of
the Discipline
Commission of Judges of Ukraine created.
2. The Discipline Commission of Judges
of Ukraine is a legal entity, has its own Seal with the State
Emblem of Ukraine and its name, independent balance and accounts in bank
establishments.
3. Members of the Discipline Commission of Judges
of Ukraine, judicial inspectors shall be provided with the compensation,
provided by the legislation accordingly for judges, employees of Ukrainian
President’s staff, staff of Verkhovna Rada of Ukraine,
the Ministry of Justice of Ukraine,
and prosecutors. Compensation shall be paid according to salaries for posts,
which they occupy in bodies they were sent from.
Resigned judges,
lawyers, who are the members of the Discipline
Commission of Judges of Ukraine or judicial inspectors, shall be paid compensation in amount of average
salary of other members of the Discipline
Commission..
Compensation shall be
paid from the State Budget of Ukraine.
Section V. JUDICIAL SELF-GOVERNMENT
Chapter 1. THE PRINCIPLES OF JUDICIAL
SELF-GOVERNMENT
Article
65. Objectives of the judicial self-government authorities
1. The judicial
self-government exists for settling issues of internal operations of courts in Ukraine, which means independent collective resolution of matters, identified
by professional judges.
2. The
judicial self-government is one of the most import guarantees of independence
of courts and judges. Activity of the
judicial self-government authorities shall promote the creation of adequate
organizational and other conditions essential for normal operation of courts
and judges, firmly establish the independence of courts, protect judges from
interference into the judicial activity, and also raise the quality of work
with the court personnel.
3. Internal matters of
court operation include issues of organizational provision of courts and
judges’ activities, social protection of judges and their families, and other
matters that are not directly connected with execution of justice.
4. Objectives
of the judicial self-government authorities in particular are as follows:
1) to provide for organizational
unity of operation of judicial bodies; to strengthen the independence of
courts, to protect them from any interference into their operation;
2) to
participate in determination of the requirements concerning the personnel,
financial, material, technical and other kinds of support of courts, to
exercise control over the observance of fixed norms of such support;
3) to
deal with the matters pertaining to the appointment of judges to the
administrative posts, appointment of the judges to the Constitutional Court of
Ukraine, appointment of the judges to the High Council of Justice, appointment
of the judges to the qualifications commissions of judges, and the Disciplinary
Commission of Judges of Ukraine;
4) to
encourage judges and managerial personnel of courts;
5) to exercise control over
operation of courts and other bodies within the court system.
Article 66. Organizational forms of the judicial self-government
1. The
organizational forms of the judicial self-government include the meetings of
judges, conferences of judges, the Congress of Judges of Ukraine, councils of
judges and their executive bodies.
2. The
judicial self-government in Ukraine
is implemented through:
1) the
meetings of judges of a local court, a court of appeal, a high specialized
court, the Supreme Court of Ukraine;
2) the conferences of judges of
local courts and the courts of appeal of the Autonomous
Republic
of the Crimea, regions
[oblasts), the cities of Kyiv and Sevastopol;
3) the Congress of Judges of Ukraine.
3. The procedure of
execution of judicial self-government shall be determined according to the
Constitution of Ukraine and this Law, and other laws, and also by regulations
and norms, approved by bodies of the judicial self-government according to this
Law.
Chapter 2. MEETINGS OF JUDGES AND CONFERENCES
OF JUDGES
Article
67. The meeting of judges
1. The
meetings of judges shall be understood as the meeting of judges of a relevant
court at which they discuss the issues of internal operation of this court and
take the collective decision on the issues under consideration.
2. The
meetings of judges of a local court shall be convened by the chair of a relevant
court both on his/her initiative and at the request of at least two thirds of
the total number of judges of a given court.
3. The
meetings of judges of a local court shall be convened as necessary but at least
once in six months. The meetings of judges of courts of appeal shall be
convened at least once within a period of three months.
4. A meeting of
judges of a local court shall be considered as duly competent if attended by at
least two thirds of the total number of judges of this court. The court
staff and other persons may be invited to attend the meeting of judges but only
the judges of a given court may take part in the vote.
5. The meeting of
judges:
1) shall consider the issues
concerning the internal operation of a court and its staff and make decisions
concerning these issues, which are mandatory for execution;
2) shall hear the reports of judges
holding the administrative posts in a given court,
head of the court staff;
3) shall
approve the procedure of establishment of boards of judges for consideration of
cases and selection a chair among them, order of substitution of judges in case
of their absence;
4) shall
approve procedure and schedule of judges’ vocations;
5) shall
execute other powers under the law.
The meetings of local courts and the
courts of appeal will elect the delegates to relevant conferences of judges.
6. The
meetings of judges may submit the proposals on settlement of the issues
concerning the internal operation of a court to the state bodies and local
self-government authorities which shall consider the proposals and comment on
them.
7. The
meetings of judges may consider the practice of application of the laws in
force, work out the proposals on improvement of this practice and the laws in
force, and submit the proposals for consideration of the conferences of judges
and the congress of judges of Ukraine.
8. The
meetings of judges may form a council of a relative court and delegate their
certain responsibilities to it.
Article
68. The meetings and powers of the meetings of judges of the Supreme Court
of Ukraine and high specialized courts
1. The
meetings of judges of the Supreme Court of Ukraine, the meetings of judges of
high specialized court shall be convened by the chair of a court or at the
request of at least one third of the total number of judges of a given court.
2. The
meetings of judges of the Supreme Court of Ukraine, the meetings of judges of a
high specialized court shall be convened as may be necessary but al least once
a year.
3. The
meetings of judges of the Supreme Court of Ukraine and the meetings of judges
of a high specialized court shall be considered as duly competent if attended
by more than a half of the total number of judges of a given court. The
managerial staff of a court and other persons may be invited to attend the
meetings of judges but only the judges of a given court have the right to vote.
The meetings of judges shall
consider the issues concerning the internal operation of a court or the
performance of individual judges and the staffers of court staff and shall take
the pertinent decisions binding for the judges of a given court. The meetings
shall hear the reports of judges holding the administrative posts in a given
court, also the reports presented by heads of structural divisions of the court
staff.
The meetings of judges of the high
specialized court and judges of the Supreme Court of Ukraine may:
1) submit the proposals for
consideration of the Congress of Judges of Ukraine;
2) choose
delegates for Congress of Judges of Ukraine;
3) appoint
and dismiss from the post the head of the court staff and his/her deputies;
4) approve
staff regulations, general quantity and structure of the staff;
Article
69. Fulfillment of decisions made by the meetings of judges
1. Fulfillment
of decisions taken by the meetings of judges shall be done by the chair of a
relevant court as ordered by the meetings.
Article
70. Conferences of judges
1. A conference
of judges shall be understood as a meeting of representatives of judges
(delegates) of relevant courts at which they discuss the operation of these
courts and take a collective decision on the issues under consideration.
2. A conference
of judges of relevant courts shall:
1) discuss and settle
the issues concerning the financial and organizational support of operation of
relevant courts;
2) hear the reports submitted by the
relevant bodies of a conference and the relevant boards of the State Judicial
Administration;
3) hear the reports submitted by the
relevant regional qualifications commission of judges regarding their work
within the board;
4) fix
the number of members of a council of judges and elect its members;
5) elect
the members of relevant regional qualifications commissions of judges;
6) work
out the proposals to be submitted for consideration of the Congress of Judges
of Ukraine;
7) submit
the proposals to the state bodies and local self-government authorities
concerning the operation of relevant courts;
8) elect the delegates to the
Congress of Judges of Ukraine;
9) discuss other issues
falling within jurisdiction of the judicial self-government authorities.
3. A conference
of judges takes the decisions binding for its executive bodies and the judges
that hold the administrative posts in relevant courts.
4. A conference
of judges shall elect the council of judges by open or secret ballot from among
the delegates of a conference; this council is an executive body of a
conference of judges.
Article
71. Convocation of the conferences of judges
1. A conference
of judges shall be convened at least once a year by the decision made by a
relevant council of judges. A conference of judges may be also convened at the
request of at least on third of the delegates that attended the previous
conference of judges. Provided a council of judges avoids fulfilling the said
request, the persons who initiated the convocation of a conference (at least
one third of the delegates of the previous conference) shall set up the
organizational bureau for convocation a conference of judges. This bureau has
the powers of a council of judges concerning the convocation of a conference.
2. The
judges of relevant courts shall be informed about the date of beginning of a
conference and its agenda not later than fifteen days before the beginning of a
conference.
Article
72. Procedure of holding the conferences of judges
1. A conference
of judges shall be considered as duly competent if attended by at least two
thirds of the total number of delegates of relevant courts. A conference may
also be attended by the judges who are not the delegates to a conference.
2. The
delegates to a conference shall be elected by the meetings of judges through
secret or open ballot on an alternative basis with free nomination of the
persons for election as the delegates to a conference.
3. A conference
of judges is usually opened by the chair of a relevant council of judges;
provided a conference has been convened not by the decision of a council of
judges, it shall be opened by the authorized representative of the
organizational bureau for convocation of a conference of judges.
4. A conference
of judges shall elect by open ballot from among the delegates to a conference
the presidium of a conference and other working bodies of a conference; the
number of members of the presidium is fixed by the decision of a conference.
The presidium shall supervise the work of a conference of judges.
5. A conference
of judges shall approve the agenda of a conference and its regulations.
6. A conference
of judges may be attended by representatives of the state bodies, local
self-government authorities, educational and scientific institutions,
law-enforcement bodies, public organizations.
7. The
decision of a conference of judges shall be taken by a majority of votes of the
delegates to a conference by open or secret ballot.
8. Other
issues of holding a conference of judges are specified by the regulations of a
relevant conference of judges.
Article
73. The councils of judges
1. Within
the period between the conferences of judges the functions of a judicial
self-government shall be performed by a relevant council of judges.
2. A council of
judges shall elect from among its members the chair, deputy chair and secretary
of a council of judges.
3. Within
the period between the conferences of judges a council of judges shall provide
for execution of the decisions taken by a conference and control over their
observance, also decide on convocation of the next conference. The powers and
operation of a council of judges shall be specified by this Law and the regulations
of a council of judges approved by a conference of judges.
4. A council of
judges shall:
1) exercise
control over the operation of relevant regional department of the State
Judicial Administration of Ukraine, not less than once a year hear the progress
reports of a chair of the regional department of the State Judicial
Administration of Ukraine regarding provision of operation of general
jurisdiction courts;
2) consider
the issues of legal and social protection of judges, provision of consumer and
household services for judges and their families, and take the decisions to
this effect;
3) submit
to the Council of Judges of Ukraine proposals of candidates to fill in
positions of chairs and deputy chairs of relevant courts;
4) submit
the proposals on operation of relevant courts for consideration of the state
bodies and local self-government authorities;
5) take other decisions falling
within the limits of its power.
5. The
decisions taken by a council of judges shall be binding for the judges holding the
administrative posts on relevant courts. Decision of a council of judges may be
canceled only by a conference of judges and suspended by the decision of the
Council of Judges of Ukraine.
Chapter 3. THE HIGHEST JUDICIAL SELF-GOVERNMENT
AUTHORITIES
Article
74. The Congress of Judges of Ukraine
1. The
highest judicial self-government authority is the Congress of Judges of Ukraine.
2. The
Congress of Judges of Ukraine shall:
1) hear the report of the Council of
Judges of Ukraine on fulfilling the tasks of the judicial self-government
authorities, the state of affairs in the field of financial and organizational
support of courts operations;
2) hear the progress reports of the High Council of Justice,
the Disciplinary Commission of Judges of Ukraine, High Qualifications
Commission of Judges of Ukraine and Head of the State Judicial Administration
of Ukraine about their activity, may express mistrust to the Head of the State
Judicial Administration of Ukraine;
3) appoint and dismiss
the judges of the Constitutional Court of Ukraine in compliance with the
Constitution of Ukraine and the law;
4) appoint members of
the High Council of Justice and make decisions on termination of their powers
according to the Constitution of Ukraine and the law;
5) appoint and dismiss
the members of the High Qualifications Commission of Judges of Ukraine and
Discipline Commission of Judges of Ukraine;
6) submit
the proposals on operation of courts for consideration of the state bodies and
officials;
7) determine
the number of members of the Council of Judges of Ukraine and elect the Council
of Judges of Ukraine;
8) consider other
issues pertaining to the judicial self-government.
3. The
Congress of Judges of Ukraine
takes the decisions that shall be binding for all judicial self-government
authorities and all professional judges.
Article
75. Convocation of the Congress of Judges of Ukraine
1. A regular
Congress of Judges of Ukraine shall be convened by the Council of Judges of
Ukraine once in three years. An extraordinary Congress of Judges of Ukraine may
be also convened at the request of at least one third of the delegates to a
conference of judges, or at the request of a general meeting of the Supreme
Court of Ukraine.
2. The
Council of Judges of Ukraine
shall decide on convocation of a regular or an extraordinary congress, approve
the preliminary agenda of a congress, and fix the date and the place of holding
a congress and the norm of representation of judges at it.
3. The
President of Ukraine, People's Deputies of Ukraine, Commissioner for human
rights of the Verkhovna Rada of Ukraine, members of the High Council of
Justice, representatives of the Government and other central state bodies,
representatives of scientific and educational institutions, public
organizations, and other persons may be invited to participate in the work of a
Congress of Judges of Ukraine.
4. Provided
the Council of Judges of Ukraine does not convene the Congress of Judges at the
request of conferences or meetings of judges as per part one of this Article,
the initiators of convocation of an extraordinary congress will set up the
organizational committee for convocation of a Congress of Judges of Ukraine
that shall have the powers of the Council of Judges of Ukraine concerning the
convocation of a Congress. In this case the organizational committee shall,
without any delay, publish the information about its establishment in official
printed mass media and fix the date of holding an extraordinary congress of
judges not before than two months from the day of establishment of the
organizational committee.
5. The
judges of all courts shall be informed about the date of holding a Congress of
Judges of Ukraine and its agenda not later than 30 days before the beginning of
a congress.
Article
76. Election of delegates to a Congress of Judges of Ukraine
1. The
delegates to a Congress of Judges of Ukraine shall be elected by the
conferences of judges, while the delegates
from high specialized courts and the Supreme Court of Ukraine shall be elected
by the meeting of this court in accordance with the norm of representation
fixed by the Council of Judges of Ukraine. The
general meeting of the judges of the Constitutional Court of Ukraine shall
elect three delegates from among the judges of this court to a Congress of
Judges of Ukraine.
2. The
delegates to a congress of judges of Ukraine
shall be elected by open or secret ballot, on an alternative basis with free
nomination for election.
Article
77. The procedure of holding a Congress of Judges of Ukraine
1. A Congress of
Judges of Ukraine
shall be considered as legally competent if attended by at least two thirds of
the total number of elected delegates.
2. A Congress of
Judges of Ukraine shall be opened by Chair of the Council of Judges of Ukraine;
In case of absence of the Chair this shall be done by the Deputy Chair or
Secretary of the Council of Judges of Ukraine.
3. A Congress
shall elect by open ballot the Congress presidium whose membership is fixed by
a congress. The presidium shall supervise the work of a Congress of Judges of
Ukraine.
4. A Congress
shall discuss and approve its agenda and internal regulations, elect the
credentials commission, secretariat and other working bodies.
5. The
work of a Congress of Judges of Ukraine shall be duly recorded.
6. The
decisions of the Congress of Judges of Ukraine shall be taken by a majority of
votes by open or secret ballot. The issues indicated in Items 3-5, Part 2,
Article 74 of this Law shall be settled by secret ballot.
7. Other
issues relating to the procedure of holding a Congress of Judges of Ukraine
shall be regulated by the internal regulation of a Congress of Judges of
Ukraine approved by a Congress.
Article
78. The Council of Judges of Ukraine
1. The
Council of Judges of Ukraine
shall be the highest judicial self-government authority within the period
between the congresses of judges of Ukraine.
2. The
Council of Judges of Ukraine shall be elected by a Congress of Judges of
Ukraine of thirty tree members;
The proposals on nomination of the
candidates to the Council of Judges of Ukraine may be submitted by the
delegations from a conference or a meeting of judges, also by individual
delegates of the Congress with the following quota:
1) one
representative from the Constitutional Court of Ukraine;
2) one
representative from each Judicial Chamber of the Supreme Court of Ukraine;
3) two
representatives from each high specialized court;
4) two
representatives from economic courts of appeal;
5) two
representatives from administrative courts of appeal;
6) two
representatives from judicial chambers of criminal cases in courts of appeal;
7) two
representatives from judicial chambers of civil cases in courts of appeal;
8) two
representatives from circuit criminal courts;
9) two
representatives from circuit economic courts;
10) two
representatives from circuit administrative courts;
11) five
representatives from district courts.
Judges that occupy
administrative positions may not be included in the Council of Judges of
Ukraine.
3. Members
of the Council of Judges of Ukraine shall elect at its meeting from among its
members the Chair of the Council of Judges of Ukraine, Deputy Chair and
Secretary, as well as the presidium of the Council of Judges of Ukraine. The
presidium members and their number are fixed by the Council of Judges of
Ukraine pursuant to the provisions about the Council of Judges of Ukraine.
4. Within
the period between the congresses, the Council of Judges of Ukraine shall
provide for control and execution of the Congress decisions, also decide on the
convocation of a congress. The powers and procedure of work of the Council of
Judges of Ukraine are determined by this Law and the provisions on the Council
of Judges of Ukraine approved by a Congress of Judges of Ukraine.
5. The
Council of Judges of Ukraine
shall:
1) provide for taking
the measures essential for independence of courts and judges, improvement of
the organizational support of courts;
2) approve
the procedure of distribution of cases among judges according to their
specialization, norms of caseload of judges, coefficients of case complication,
etc;
3) consider the issues
on legal and social protection of judges and their families, take the decisions
to this effect;
4) exercise control
over the operation of courts and the State Judicial Administration of Ukraine,
hear the progress reports of court chairs and officials of the State Judicial
Administration of Ukraine;
5) review
complaints of judges on the chairs of courts, their deputies, heads of judicial
chambers and other officials;
6) appoint to their
positions chairs of local, appeal, high specialized courts and deputy chairs of
appeal and high specialized court and dismiss them from the posts;
7) hear the reports on the work of
members of the High Qualifications Commission of Judges of Ukraine, the
Discipline Commission of Judges of Ukraine, appointed by the Congress of Judges
of Ukraine (Council of Judges of Ukraine);
8) submit
the proposals pertaining to the operation of courts for consideration of the
state bodies and local self-government authorities;
9) have
the right to suspend the decisions made by the councils of judges that doesn’t’
correspond to the Constitution of Ukraine and the laws in force, or run counter
to the decisions of the Council of Judges of Ukraine.
10) make
other decisions under their jurisdiction.
6. The
decisions taken by the Council of Judges of Ukraine shall be binding for all
judicial self-government authorities. A decision of the Council of Judges of
Ukraine may be canceled by a Congress of Judges of Ukraine.
Article
79. Support of operation of the judicial self-government authorities
The work of a Congress of Judges of
Ukraine, the activities of the Council of Judges of Ukraine, the conferences of
judges and the councils of judges shall be financially backed by the State
Judicial Administration from the State Budget of Ukraine as per Section VI of
this Law.
Section VI. SUPPORT OF COURTS AND OTHER ISSUES
PERTAINING TO THE JUDICIARY
Chapter 1. GENERAL ISSUES OF SUPPORT OF COURTS
Article
80. Peculiarities of functioning of the judicial power
1. According to the
Constitution of Ukraine, financing and adequate conditions for court and
functioning and operation of judges is provided by the state.
2. Support of
functioning of the judicial power provides for:
1) separate
identification in the State Budget of Ukraine of costs for financing courts not
lower the level , that provides full and independent administration of justice
according to the law;
2) legislative
guaranty of complete and timely financing of courts;
3) guaranty
of a sufficient level of social provision of judges.
Article
81. The system of support of judicial power
1. The
single system shall be available in Ukraine
to support the judicial power represented by the courts of general jurisdiction
and the Constitutional Court of Ukraine.
2. The state body in charge of the
organizational support of courts shall be the State judicial administration of Ukraine that is created and functions
pursuant to this Law. According to this Law
the organizational support of courts shall include the measures of financial,
material, technical, personnel, informational and organizational-technical
nature aimed at creation of the conditions for adequate and independent
administration of justice.
3. Judicial bodies and
other state executive bodies may participate in the support of operation
of courts in the manner prescribed by this and other laws.
The procedure of organizational
support of operation of the Constitutional Court of Ukraine shall be
established by this Law, the Law of Ukraine
"On the Constitutional Court of Ukraine", and other laws.
Article
82. Principles of funding the courts
1. All
courts in Ukraine
shall be financially backed from the State Budget of Ukraine.
2. The
functions of the main manager of the funds of the State Budget of Ukraine
allocated for the financial support of courts shall be performed by:
1) the staff of the Supreme Court
of Ukraine, the Constitutional Court of Ukraine, the high specialized courts –
concerning the financial support of these judicial institutions;
2) the
State Judicial Administration of Ukraine concerning the financial support of
all other courts of general jurisdiction, also the financial support of the
qualifications commissions of judges of all levels, the Discipline Commission
of Judges of Ukraine, the judicial self-government authorities, the State
Judicial Administration of Ukraine and its regional departments, National
School of Judges of Ukraine.
3. The costs for
support of courts in the State Budget of Ukraine are identified by separate
lines:
1) district
courts;
2) circuit
courts of relevant jurisdiction;
3) courts
of appeal of relevant jurisdiction;
4) every
high specialized court;
5) the
Supreme Court of Ukraine;
6) the
Constitutional Court of Ukraine.
The costs for support
of operation of qualifications commissions of judges, the Disciplinary
Commission of Judges of Ukraine, bodies of the judicial self-government, the
National School of Judges of Ukraine in the State Budget of Ukraine are identified by separate lines.
Costs for maintenance
of courts in the State Budget of Ukraine can not be cut during the current
financial year.
4. The State Judicial
Administration of Ukraine
shall develop and approve in accordance of the Council of Judges of Ukraine unified
norms of financial provision of general jurisdiction courts. The norms shall be
handed over to each court and have to be reviewed at least once in three years.
The cost estimate of expenses for maintenance of each court shall be approved
according to approved norms.
5. The responsibility
for financial support of operation of each court according to the approved
norms shall be bore by the State Judicial Administration. The control over execution of requirements of
this Law regarding funding of courts shall be executed by the Council of Judges
of Ukraine, and also by the bodies of the state government, assigned by the
law.
Article
83. The procedure of funding the courts
1. The
courts of general jurisdiction shall be funded on the basis of the cost
estimates and monthly lists of the expenditures approved pursuant to this Law
within the limits of annual amount of expenditures fixed by the State Budget of
Ukraine for a current fiscal year in the manner prescribed by the Budget Code
of Ukraine.
2. The
expenditures for the maintenance of courts shall, not later than the tenth day
of each month, be transferred by the bodies of the State treasury of Ukraine to
the accounts of the Supreme Court of Ukraine, the Constitutional Court of
Ukraine, the high specialized courts and accounts of State Judicial
Administration of Ukraine and its regional departments - for financing other
courts, bodies and institutions specified by item 2, article 82 of this Law.
3. Provided
the State Budget of Ukraine for a current fiscal year has not been adopted, the
courts shall be financed according to the procedure prescribed by the Budget
Code of Ukraine.
Article
84. Material and technical support of the courts
1Circuit, appeal, high
specialized courts and the Supreme Court of Ukraine are legal entities, have
Seal with the State Emblem of Ukraine with its name, independent balance and
bank accounts. A court as a legal entity is represented by the head of the
staff.
2. The material and technical support of local courts and
courts of appeal shall be provided by the regional departments of the State
Judicial Administration of Ukraine and conducted within the limits of the cost
estimate for the maintenance of a given court.
3. The
courts and other judicial institutions having the status of a legal entity
shall provide for their current needs either independently or on the basis of
individual orders through the State Judicial Administration of Ukraine and its
regional departments. The expenditures essential for overhauls, reconstruction
and construction of the premises for courts, also other capital expenditures
shall be executed through the State Judicial Administration of Ukraine and its
regional departments.
Article
85. Salaries, consumer services, social protection of judges and employees
of judicial system
1. The
amount of judicial salary shall be adequate for their financial independence
and fixed pursuant to the Law of Ukraine
"On the Status of Judges" and shall not be reduced.
2. The
amount of salaries of the staffers of court staff and the State Judicial
Administration of Ukraine and its regional departments, the consumer and
household services rendered to them and the level of their social protection
are specified by the law on the state service and other enactments. The said amount
shall not be less than that of the relevant categories of civil servants
engaged in the system of legislative and executive power.
3. The
amount of salaries of the employees of the National High School of Judges of
Ukraine, the consumer and household services rendered to them and the level of
their social protection shall not be less than that of the relevant categories
of civil servants of the State Judicial Administration of Ukraine, and salaries
of staffers in the academic field shall not be less than the salary of a judge
of the circuit court.
4. The regional
departments of the State Judicial Administration of Ukraine, staff of the
Supreme Court of Ukraine, the Constitutional Court of Ukraine and other
specialized courts bear expenditures for burial and perpetuation of the memory of
judges, including the retired judges.
Article
86. Expense
account of judges
The cost estimate of the Supreme
Court of Ukraine, the Constitutional Court of Ukraine and the cost estimates of
high specialized courts shall include the expenses of representation of judges.
Chapter 2. THE STATE JUDICIAL ADMINISTRATION OF
UKRAINE
Article
87. Status of the State Judicial Administration of Ukraine
1. The
State Judicial Administration of Ukraine
shall be a central executive authority to support the operation of the courts
of general jurisdiction, also other bodies and institutions of the court system
pursuant to this Law. The institutional support of operation of the Supreme
Court of Ukraine, the Constitutional Court of Ukraine and high specialized
courts shall be done by the staff of these courts.
2. The
regional departments of the State Judicial Administration of Ukraine shall be
set up in the Autonomous
Republic
of the Crimea, regions,
the cities of Kyiv and Sevastopol.
3. The officials
of the State Judicial Administration of Ukraine, its regional departments shall
be civil servants.
5. The
State Judicial Administration of Ukraine
shall be a legal entity, have its own seal with the State Emblem of Ukraine
with its own name, its own balance sheet and bank accounts.
6. Internal regulation
regarding the State Judicial Administration of Ukraine shall be approved by the
Cabinet of Ministers of Ukraine.
Article
88. Powers of the State Judicial Administration of Ukraine
1. The
State Judicial Administration of Ukraine shall:
1) provide
for the proper conditions essential for operation of the courts of general
jurisdiction, the qualifications commissions of judges, the Discipline
Commission of Judges of Ukraine, the judicial self-government authorities and
the National School of Judges of Ukraine;
2) study the practical aspects of
operation of courts, work out and submit the proposals on improvement of the
judicial practice in accordance with the established procedure;
3) analyze the
personnel issues of court staff, determine the number of experts necessary, and
make the requests for training the specialists;
4) keep
the statistical and personal registration of the information about judges;
5) provide for the
conditions essential for the improvement of skills of judges and court staff
personnel; create the system of professional development;
6) organize
the practical training in judicial institutions and elaborate the relevant
curricula;
7) provide for keeping
the court statistics, office work and records; supervise the office work in the
courts of general jurisdiction;
8) prepare
the materials for the proposals concerning the budget of courts, provide for
funding the courts pursuant to this Law;
9) perform
the functions of the main manager of funds of the State budget of Ukraine
in the manner prescribed by this Law;
10) provide
for the material and social security of judges and the court staff, including
the retired judges;
11) provide for the
medical services, sanatorium-and-spa treatment of judges and the court staff,
take due measures for providing them with adequate housing;
12) ensure
the independence, immunity and security of judges in cooperation with the
judicial self-government authorities, courts and law-enforcement bodies;
13) organize and finance
the construction and repair of the court buildings and premises, provide them
with proper technical facilities;
14) provide the courts
with computer-aided support essential for legal proceedings, office work and
operation of courts; provide the courts with technical facilities for recording
the court's sessions;
15) provide for
securing of keeping of a single state register of court decisions;
16) provide
for financing of court expenditures, which are covered from the State Budget of
Ukraine according to the law;
17) maintain
contacts with relevant bodies and institutions, including those of other
countries with the aim of improving the operation and support of courts;
18) organize
the work of the court officers;
19) together
with the Council of Judges of Ukraine determine caseload of judges in courts of
all levels and work out proposals on the number of judges in relevant courts;
20) exercise other
powers specified by the law.
2. The
State Judicial Administration of Ukraine shall exercise its powers in
compliance with the Constitution of Ukraine, this and other laws, enactments of
the President of Ukraine, the Cabinet of Ministers of Ukraine, other pertinent
enactments, the Regulations on the State Judicial Administration, decisions of
a congress of judges of Ukraine and the Council of Judges of Ukraine.
Article
89. Head of the State Judicial Administration of Ukraine
1. The
State Judicial Administration of Ukraine shall be headed by the Head of the
State judicial administration of Ukraine.
2. The
Head of the State Judicial Administration of Ukraine shall be appointed to this
post and dismissed from it by the Cabinet of Ministers of Ukraine on the basis
of the proposal submitted by the Prime-Minister of Ukraine
in coordination with the Council of Judges of Ukraine
3. The
Head of the State Judicial Administration of Ukraine shall not combine his/her
official activity with other job with the exception of the teaching, scientific
and other kinds of paid creative activity in his/her free time, to become a
member of managerial body or supervisory board of the profit commercial
organization.
4. The
Head of the State Judicial Administration of Ukraine shall:
1) supervise the
operation of the State Judicial Administration of Ukraine, be responsible for
the execution of tasks placed upon it;
2) organize
the operation of the State Judicial Administration of Ukraine;
3) appoint
and dismiss based on the competition the employees of the State Judicial
Administration of Ukraine, heads of regional departments of the State Judicial
Administration of Ukraine and their deputies in accordance with the respective
council of judges, pursuant to the law regarding state service;
4) appoint
and dismiss based on the competition, which shall be conducted pursuant to the
law regarding state service, head of staff of appeal courts and their deputies
if approved by the chair of a relative court;
5) approve
the rules on structural divisions of the State Judicial Administration of
Ukraine; specify the duties of employees of the State Judicial Administration
of Ukraine;
6) fix
the salaries of employees of the State Judicial Administration of Ukraine and
its regional departments, assign to them the ranks of a civil
servant according to the law, provide them with incentives and mete out the
disciplinary punishments pursuant to the law;
7) submit
the progress reports of the State Judicial Administration of Ukraine to the
Council of Judges of Ukraine;
8) participate
in elaboration of the proposals to the draft State Budget of Ukraine on
financial backing of the court system;
9) exercise other
powers under the law.
5. The
Head of the State Judicial Administration of Ukraine issues the orders and
instructions falling within his/her jurisdiction.
6. The
Head of the State Judicial Administration of Ukraine shall have the deputy
heads that are appointed and dismissed by the Cabinet of Ministers of Ukraine
based on proposals, submitted by the Head of the State Judicial Administration
of Ukraine with the consent of the Council of Judges of Ukraine. The duties of
deputy heads of the State Judicial Administration of Ukraine shall be assigned
by the Head of the State Judicial Administration of Ukraine.
Article
90. Regional departments of the State Judicial Administration of Ukraine
1. Regional
departments of the State Judicial Administration of Ukraine shall be the
regional bodies of the State Judicial Administration of Ukraine.
2. Regional
department of the State Judicial Administration of Ukraine shall be run by the
manager that shall be appointed to this post and removed from it by the Head of
the State Judicial Administration of Ukraine.
3. The
structure and manning table of regional departments of the State Judicial
Administration of Ukraine shall be approved by the Head of the State Judicial
Administration of Ukraine following the proposal of the manager of a regional
department of the State Judicial Administration of Ukraine.
4. Regional
department of the State Judicial Administration of Ukraine shall be a legal
entity, have its own seal showing the State Emblem of Ukraine with its own
name, its own balance sheet and bank accounts.
5. Regional
departments of the State Judicial Administration of Ukraine shall function
pursuant to the regulations on the State Judicial Administration of Ukraine.
Chapter 3. OTHER ISSUES RELATING TO THE
JUDICIARY OF UKRAINE
Article
91. The National School of Judges of Ukraine
1. The
National School of Judges of Ukraine
shall be available at the State Judicial Administration of Ukraine to provide
the courts with skilled judges and staffers.
2. The
National School of Judges of Ukraine
is a state institution of a judicial education with special status that ensures
high qualified cadre education for the judiciary.
3. The
following shall be the main tasks of the National School of Judges of Ukraine:
1) Training
the persons for the posts of judges according to the Law of Ukraine “On the
Status of Judges” on the bases on the state order, formed by the State Judicial
Administration of Ukraine;
2) Preparation of
judges, appointed to the post for the first time;
3) Preparation of
judges elected to the post without term limitation;
4) Preparation of
judges deprived of their qualification rank;
5) Educating judicial
employees, employees of the State Judicial Administration of Ukraine and its
regional departments;
6) Conducting
the research into the improvement of court performance;
7) Analyzing
the world experience of court performance;
8) Scientific
and methodological support of operation of the courts of general jurisdiction
and the Constitutional Court of Ukraine, system of
qualifications commissions of judges, the Disciplinary Commission of Judges of
Ukraine and the High Council of Justice.
3. The
National School of Judges of Ukraine
shall function pursuant to its statute that shall be approved by the Council of
Judges of Ukraine.
4. Judges, which per
their application are sent to work in the National School of
Judges of Ukraine,
may be invited to occupy the posts of scientific and pedagogical workers of the
National School of Judges of Ukraine.
5. The
National School of Judges of Ukraine
shall be located in the city of Kyiv
and may have regional branches in other cities.
6. In order to
support the scientific and research operation of National School
of Judges of Ukraine
it shall include the scientific and research
institute of judicature.
7. The
National School of Judges of Ukraine
shall be a legal entity, have its own seal showing the State Emblem of Ukraine
with its own name, its own balance sheet and bank accounts.
Article
92. Court staff
1. Organizational
support of court operation shall be provided by the court staff headed by the
manager of the staff (secretariat manager).
2. The manager of the
court staff shall bear personal responsibility for adequate organizational
support of court, judges and juridical proceedings.
3. The manager of the
court staff, his/her deputy shall be appointed to and dismissed from the post
according to the results of a competition, held in accordance with the law on
state service, by the head of a respective regional department of the State
Judicial Administration of Ukraine, manager of the appeal court staff shall be
appointed to and dismissed from the post by the Head of the State Judicial
Administration of Ukraine agreed with the chair of a respective court.
The manager of staff
of the Supreme Court of Ukraine, manager of staff of a high specialized court
and their deputies shall be appointed to the posts according to the results of
a competition, held in accordance with the law on state service and dismissed
from the posts by a meeting of judges of a respective court.
4. The chair of the
court (except for the Supreme Court of Ukraine and high courts) shall execute a
right to initiate requests to apply to a manager of a court staff and his/her
deputy incentives or the disciplinary punishments, initiate
proposals on their dismissal.
5. The manager of the
court staff (except managers of district court staff) shall appoint to and
dismiss from the posts staffers of the court staff, assign to them ranks of
civil servants, provide them with incentives and mete out the
disciplinary punishments with agreement or on the proposal of the chair of a
respective court.
Staffers of the
district court staff shall be appointed by the head of a respective regional
department of the State Judicial Administration of Ukraine on the proposal of
the manager of staff of a respective court.
Candidates are
selected on the basis of competition.
6. The
legal status of the court staff shall be determined pursuant to the law on the
state service. As far as the amount of salaries, the material, transportation,
medical, sanatorium-and-spa treatment support are concerned, the court staff
shall be placed on the same footing as the relevant categories of the
managerial staff of high, central or local executive bodies.
7. The
structure and numerical composition of the local court staff shall be approved
by the relevant regional department of the State Judicial Administration of Ukraine,
the staff of the courts of appeal and high courts – by the State Judicial
Administration of Ukraine with an agreement of the chair of the relevant court
within the limits of expenditures for maintenance of a given court.
8. The
structure and the manning table of the staff of the Supreme Court of Ukraine
and the staff of a high specialized court shall be approved by the presidium of
a relevant court within the limits of expenditures for maintenance of a given
court.
9. The
boards, departments and other structural divisions may be set up in the staff
of the courts of general jurisdiction, that perform their functions pursuant to
the regulations on a relevant structural division approved by the manager of
the staff of the relevant court and agreed with the chair of the court.
10. The
court staff also includes the assistants of judges, scientific consultants and
court officers. Assistants of judges, scientific consultants must have higher
legal education. Assistants of judges of the Supreme Courts of Ukraine, besides
the mentioned above must have at least tree years of experience of working the
legal field.
11. Assistants
of judges and scientific consultants are appointed and dismissed from the posts
on the proposal or approval of respective judges. Assistants of judges and
scientific consultants are appointed for the term of work of a respective
judge.
Article
93. Court Libraries
1. Libraries
shall be created at each court to provide the courts with enactments, special
scientific literature and the materials of judicial practice. The library
stocks include printed editions and computer database.
2. The
regulations on court libraries are approved by the Chief Justice of the Supreme
Court of Ukraine.
Article 94. Service of court officers
1. The
service of court officers shall be available in each court. The court officers
shall provide for observance of the fixed rules in the court premises by the
persons that are present in a court, also fulfillment of the orders of a court
session chair by such persons.
2. The
court officers shall be appointed to their posts and removed from them by a
relevant court staff manager.
3. The
court officers shall be provided with the uniform whose models are approved by
the Head of the State Judicial Administration of Ukraine and agreed with the
Council of Judges of Ukraine.
4. The
court officers shall perform their functions pursuant to this Law, procedural
legislation of Ukraine,
relevant rules and instructions, also the orders of the chair of a relevant
court and judges.
5. The
procedure of establishment and operation of the service of court officers shall
be established by the Regulations that are approved by the Head of the State
Judicial Administration of Ukraine and agreed with the Council of Judges of
Ukraine.
Article
95. Security and maintenance of public order in courts
1. Maintenance of
public order in court, suspension of display of contempt of court, functions of
state protection of judges, court staff, and security of participants of
juridical proceedings shall be performed by the court militia.
2. The
powers of the court militia and its operation are determined by the law.
Article
96. Symbols of the judicial power
1. The
symbols of judicial power shall be the state symbols of Ukraine
- the State Emblem of Ukraine and the State Flag of Ukraine.
2. While
administering justice, a judge shall wear the mantle with a breastplate of a
set pattern. Specimens of the mantle and the breastplate shall be approved by
the Council of Judges of Ukraine.
Article
97. Certificates of judge, people's assessor and juror
1. Professional
judges, also people's assessors and jurors shall have the certificates of a set
pattern.
2. The
specimens of certificates of judges, people's assessors and jurors shall be
approved by the Chief Justice of the Supreme Court of Ukraine in coordination
with the Council of Judges of Ukraine.
3. Certificates
of the judges elected for an unlimited term shall be signed by the Chair of the
Verkhovna Rada of Ukraine.
Certificates of the judges appointed to the post by the President of Ukraine
shall be signed by the President of Ukraine.
Certificates of court chairs, their deputies, other persons holding other
administrative posts in courts shall be signed by the Chief Justice of
the Supreme Court of Ukraine.
4. The
certificates of people's assessors and jurors shall be signed by the chair of
the court in which people's assessors or jurors administer justice.
Section VIІ. FINAL AND
TRANSITIONAL PROVISIONS
1. This
law shall come into force and be enacted from January 1, 2007.
2. During the five
years after this law shall come into force, chair of a local court, chair of
court of appeal and his/her deputy, chair of high specialized court and his/her
deputy shall be appointed to their posts for the term of five years from among
the judges of a relevant court and shall be dismissed from the posts by the
President of Ukraine on the proposal of the Council of Judges of Ukraine.
3. District criminal
courts shall start their operation following appointment (election) to their
composition at least three judges, but not later than June 1, 2007. The State Judicial Administration of Ukraine shall inform about the
beginning of operation of every district criminal court through relative local
official periodicals. Prior to beginning of operation of district criminal
courts, cases within their jurisdiction shall be considered by the first
instance of respective courts of appeal.
4. Criminal cases
assigned for consideration to relative courts of appeal as courts of the first
instance prior to beginning of operation of respective district criminal court,
shall be considered and resolved by these courts.
After beginning of
operation of district criminal courts criminal cases, which were assigned to
relative courts of appeal for consideration in first instance, which are in the
jurisdiction of the district criminal courts, shall be transferred by these
courts to district criminal courts if the case is not assigned for judicial
inquiry.
5. The High Civil
Court of Ukraine
and the High Criminal Court of Ukraine shall be established before January 1, 2007 and shall start operating from June 1, 2007. Before these courts come to operation, their powers shall be exercised
by relevant judicial chambers of the Supreme Court of Ukraine.
6. Cassations
(submissions) on the decisions of general courts in criminal and civil cases,
filled prior to June1, 2007 and accepted for cassation consideration by the
Supreme Court of Ukraine, shall be considered by the Supreme Court of Ukraine.
Cassations
(submissions) on the decisions of general courts in criminal and civil cases,
filled after to June1, 2007 shall be transferred for consideration to the High
Civil Court of Ukraine and High Criminal Court of Ukraine accordingly.
7. Chairs
of courts and their deputies, chairs of judicial chambers appointed to the
posts prior to enactment of this Law, shall fulfill their functions under this
Law until the term of their appointment expires, if their posts shall be
preserved under this Law.
First deputy chairs of
high specialized courts appointed to the posts prior to
enactment of this Law shall fulfill their functions of deputy chairs of high
specialized courts under this Law until the term of their appointment expires.
8. Judges of the
Supreme Court of Ukraine shall exercise their powers before they are removed
from their posts according to the part 5, article 126 of the Constitution of
Ukraine. After the judges are dismissed their posts shall not be occupied, but
axed until there shall be 45 positions of judges according to the Law.
Judges of the Supreme
Court of Ukraine, which during the year from the day of enactment of this Law
were transferred to high specialized court or other court of general
jurisdiction shall be equal in status including financial, social and household
support with the judges of the Supreme Court of Ukraine.
9. Regional
qualifications commissions of judges shall be established during the period of
six months and shall begin their operation from June 1, 2007. Existing qualifications commissions of judges with the beginning of
operation of regional qualifications commissions of judges shall terminate
their activity.
10. The Disciplinary
Commission of Judges of Ukraine
and judicial inspectors’ service shall be created according to this Law during
the six months from the day of enactment of this Law and shall begin their
operation from June 1, 2007.
11. Disciplinary
cases, which prior to June 1, 2007 were under
investigation of qualifications commissions of judges that were established
prior to enactment of this Law, shall be transferred for consideration and
resolution to the Discipline Commission of Judges of Ukraine. The terms of
bringing a judge to disciplinary responsibility shall be stopped until the
Discipline Commission of Judges of Ukraine takes upon the case.
12. After
enacting this Law military courts of
garrisons, military appeal courts of regions and the
Navy Court of Appeal of Ukraine shall continue operating as local and appeal
courts and consider criminal cases falling within their jurisdiction,
determined by the Criminal Procedural Code of Ukraine, prior to their
liquidation in order pursuant to the law, but not longer than January 1,
2008.
13. Judges of military
courts of garrisons, regional military courts of appeal and the
Navy Court of Appeal of Ukraine shall be transferred with their accordance to
other court with further exemption from the military service, or they shall be
removed from their posts of judge according to set procedures and ordered for
further military service within Armed Forces of Ukraine, other military
establishments;
Judges of the Military
judicial board of the Supreme Court of Ukraine shall be transferred with their
accordance to judicial chambers of the Supreme Court of Ukraine or high
specialized courts in the order pursuant to this Law, with further
exemption from the military service, or they shall be removed from their posts
of judge according to set procedures and ordered for further military service
within Armed Forces of Ukraine, other military establishments.
14. Prior to the
legislative reform of legislation regarding administrative offences, cases on
administrative violations, which fall within the jurisdiction of respective
courts, shall be considered and resolved by these courts in the manner
prescribed by the Administrative Offences Code of Ukraine.
15. Decree that judges
of military courts of garrisons, military courts of appeal, the
Navy Court of Appeal of Ukraine, the Military
judicial board of the Supreme Court of Ukraine:
dismissed
from the military service and transferred to other courts or judicial chambers
of the Supreme Court of Ukraine shall be paid once according to their choice
either financial support for dismissal from the military service according to
Article 15 of the Law of Ukraine “On social and legal protection of military
servants and members of their families”, or support with further retirement
from the post of judge according to the Law of Ukraine “On the Status of
Judges”;
ordered
for further military service within Armed Forces of Ukraine, other
military establishments shall be paid once
according to their choice either support for retirement from the post of judge
according to the Law of Ukraine “On the Status of Judges” or financial support
for further dismissal from the military service according to Article 15 of the
Law of Ukraine “On social and legal protection of military servants and members
of their families”;
dismissed
from the military service and retired from the post of judge at the same time
shall be paid once according to their choice either financial support according
to Article 15 of the Law of Ukraine “On social and legal protection of military
servants and members of their families”, or support according to the Law of Ukraine
“On the Status of Judges”;
Decree that in case of
repetitive election of a person to a post of a judge dismissal pay for
retirement shall be paid to this person only if this person has not received
financial support according to Article 15 of the Law of Ukraine “On social and
legal protection of military servants and members of their families”, or
support according to the Law of Ukraine “On Status of Judges” before.
16. The
Cabinet of Ministers of Ukraine in the period of two months after this Law is
published shall:
Establish the National
School of Judges of Ukraine
on the basis of Academy of Judges of Ukraine;
Approve Regulations
regarding social and material support of employees of the National High School
of Judges of Ukraine
and provided for adequate funding in the draft Law of Ukraine On the State Budget of Ukraine beginning 2007.
