EUROPEAN COMMISSION FOR DEMOCRACY
THROUGH LAW
(VENICE COMMISSION)
DRAFT
LAW ON THE
STATUS OF JUDGES
OF UKRAINE
DRAFT
approved by
the National Commission on Strengthening Democracy
and the Rule of Law
July 11, 2006
The Law of Ukraine
"On the Status of Judges"
(New draft)
This Law defines the
status of judges, people’s assessors, jurors and regulates relations dealing
with support of independence of judges, regulates procedures of appointment
(election) of judges, qualification examination, bringing judges to
disciplinary measures and dismissing them from their posts, and also guaranties
financial and other support of judges.
Section І. Fundamentals
Chapter 1.
General provisions
Article 1. A judge – bearer of judicial power
1. Professional judges
are representatives of people, involved in execution of justice in the manner
prescribed by the law, shall be bearers of judicial power in Ukraine, who execute justice independently from legislative and executive
powers.
Article 2. Legislation
of status of judges
1. Status of judges
shall be defined by the Constitution of Ukraine, this Law, and the Law of Ukraine “On Judiciary of Ukraine” and other laws.
Article 3. Independence of judges
1. Judges in their
operation regarding administering justice shall be independent from any
influence, shall not report to anyone and shall only abide to the Constitution
of Ukraine and the laws of Ukraine. Interference in operation of judges in administering justice shall not
be permitted and shall entail liability defined by the law.
2. Judges shall
consider cases received according to the procedure of distribution of trial
cases, pursuant to the law. Distribution of cases shall not be influenced by
the desire of judges or any other persons, interested results of its
resolution.
3. A judges shall
not provide any information regarding the essence of cases, which are under his
consideration, except for those pursuant to this Law.
4. Independence of judges shall be provided by:
1) special procedure
of appointment, election, bringing to liability and dismissal of judges;
2) judicial immunity;
3) unchangeable nature
of professional judges;
4) procedure of justice
execution pursuant to the procedural law, secrecy of rendition proceedings;
5) prohibition of
interference in execution of justice;
6) liability for
contempt of court or a judge pursuant to the law;
7) special procedure
of funding and organizational support of court operation pursuant to the law;
8) adequate material
and social support of judges;
9) functioning of
judicial self-government authorities;
10) means of personal
protection of judges, their families, property, defined by the law, and other
means of their legal protection;
11) right of a judge
to retire.
5. All state
authorities, institutions and organizations, local self-government authorities,
citizens and their unions shall be bind to respect the independence of judges
and not infringe on it.
6. Should the new laws
or amendments to current laws be accepted, narrowing of the content and
guarantees of judges’ independence pursuant to the Constitution of Ukraine
shall not be permitted.
Article 4. Immunity of
judges
1. Judges are immune.
Immunity of a judge shall spread upon his/her housing, office premises,
transport and means of communication, correspondence, his/her property and
documents.
2. A judge can not
be arrested or taken into custody till the conviction by the court without approval
of Verkhovna Rada of Ukraine.
2. A judge arrested
on suspicion of committing a misdemeanor entailing criminal or administrative
liability, shall be immediately released after identification of his/her
person. Any ground or cause to take to any institution or body, except for
court, shall not be applied to a judge.
3. A criminal case
concerning a judge shall be initiated only by the General Prosecutor of Ukraine or his/her deputy.
4. Intrusion in
housing or other property of a judge, his/her office premises, personal or work
transport, their examining, search and seizure,
interception of his/her phone calls, personal search of a judge, as well
as search and seizure of his/her correspondence, belongings and documents shall
be carried out only pursuant to the court decision.
5. Regional
jurisdiction of a case regarding prosecution of a professional judge for
committing a crime shall be determined by the affirmation of a judge of the
Supreme Court of Ukraine. A case shall not fall into jurisdiction of the court,
where the judge occupies or occupied before the post of judge.
Article 5. Liability
for contempt
of judge (court)
1. Display of contempt
of judge (court) from persons participating in case consideration or present at
the trial proceedings, as well as committing actions out of court that speak
for an evident contempt of judge in relation to his/her judicial activities
shall entail liability pursuant to the law.
Article 6. State
protection of judge and his/her family
1. Judges, members of
their families and their property shall be under a special protection of the
State.
2. A professional
judge shall have a right to store, carry and use weapon and other special means
of defense in the manner pursuant to the law.
3. Security of judge,
members of his/her family, protection of their property shall be provided
according to the Law of Ukraine “On the State Protection of Employees of Court
and Other Law Enforcement Authorities”.
Chapter 2. Professional judge
Article 7. Status of
professional judge
1. Professional judge
shall be a citizen of Ukraine,
who according to the Constitution of Ukraine appointed or elected to a post of
judge, shall occupy a position of judge in one of the courts and administer
justice on professional basis.
2. Professional judges
in Ukraine shall have unitary status independent from the place of court in the
system of courts of general jurisdiction or administrative position occupied by
a judge in court.
Article 8.
Unchangeable nature of judges
1. Judge shall occupy
their posts without term limitation, excluding judges of the Constitutional
Court of Ukraine and judges of court of general jurisdiction appointed to this
position for the first time.
2. Judges that occupy
positions without term limitation shall be guarantied occupying the post of
judge until they reach sixty five years of age.
3. A judge shall
not be transferred to a different position or a different court without his/her
consent.
Article 9.
Incompatibility requirements
1. Occupying the post
of judge shall not be compatible with occupation of a post in any other body of
state power, local self-government or representative mandate.
2. A judge shall
not have a right to combine his/her activity with business activity, attorney
activity, any other work (except for educational, scientific and creative work
in the free time from execution of powers of judge), and also be a member of
steering body or supervisory board of a for profit enterprise or organization.
3. A judge shall
not belong to any political party or professional union, publicly speak about
or display sympathy to them, take part in political actions of political
parties, meetings, strikes.
4. Pursuant to an
application of judge, he/she may be sent to work in the High Council of
Justice, qualifications commissions of judges, the Discipline Commission of
Judges of Ukraine, judicial inspectors’ service, the National School of Judges
of Ukraine, preserving their salary of primary employment.
Article 10. Rights and
responsibilities of judge
1. The right of a
judge regarding administering of justice shall be determined by the
Constitution of Ukraine, procedural and other laws.
2. A judge shall
have a right to take part in judicial self-government for resolving matters of
internal activities of courts in the manner pursuant to the law. Judges may
establish unions and participate in them with the purpose of protection of
their rights and interests, professional development.
3. A judge shall
have a right to raise his/her professional skills, take appropriate training
with this purpose. A judge shall be required to take:
1) annual two-weeks
training – during five years after the first time appointment to a position of
judge;
2) two-weeks training
– not less than once in three years after judge is elected to the post without
term limitation;
3) two-weeks training
– in case of deprivation of a qualification rank.
4. A judge shall be
required to:
1) timely, fairly and
impartially consider and resolve legal cases pursuant to the law in accordance
with fundamentals and rules of judicature;
2) show respect to
participants of proceedings;
3) not perform actions
that may cause doubts of his/her independence and impartiality, and other
actions, which discredit him/her as a carrier of judicial power;
4) not disclose information,
which are secret protected by the law, in particular secret of jury room and
closed court trial;
5) keep with the
incompatibility requirements.
Article 11. Oath of
judges
1. A person elected
to the post of judge for the first time shall assume office after taking the
oath of the following content:
«I, (name and last
name), assuming office of a professional judge, swear to execute justice
impartially and unbiased pursuant to the Constitution of Ukraine and laws of Ukraine, on principals of rule of law, fairly and drudgingly perform the
responsibilities of a judge in accordance with the rules of judicial ethics».
2. A judge shall
swear during the solemn ceremony in the presence of the President of Ukraine.
The text of the oath shall be signed by the judge and stored in the personal
file.
Article 12. Judicial
ethics
1. Judge shall be
obliged to comply with the rules of judicial ethics, approved by the Congress
of Judges of Ukraine.
Chapter 3.
People’s assessors and jurors.
Article 13. Status of
people’s assessor
1. People’s assessor
shall be a citizen of Ukraine,
who according to the procedural law shall consider cases in court together with
a professional judge, providing direct participation of people in execution of
justice pursuant to the Constitution of Ukraine.
2. People’s assessors
during consideration and solving the case shall exercise powers of judge.
People’s assessors shall have responsibilities determined by the items 1-4,
part 4, Article 10 of this Law.
Article 14. List of
people’s assessors
1. A list of
people’s assessors shall include, in the quantity stated in the proposal of the
chair of the court, citizens, who continuously live on the territory under
jurisdiction of this court, comply with all requirements of Article 15 of this
Law and give consent to be people’s assessors.
2. A list of
people’s assessors shall be approved by the decision of a respective council
for four years and reviewed if necessary, but at least in two years.
3. A list of
people’s assessors shall be published in printed mass media of a respective
local council.
Article 15.
Requirements for people’s assessors
1. People’s assessor
shall be a citizen of Ukraine,
who reached 20 years of age and constantly lives on the territory under
jurisdiction of a respective court.
2. The following
citizens shall not be included in the list of people’s assessors:
1) determined by court
as restrictedly capable or legally incapable;
2) those, who have
chronic psychic or other diseases, which discount execution of duties of
people’s assessor;
3) those, who are a
subject to inquiry, pre-trial investigation of legal consideration of criminal
case or who are not discharged or who’s conviction is not cancelled;
4) people’s deputies
of Ukraine, members of the Cabinet of Ministers of Ukraine, judges,
prosecutors, employees of bodies of internal affairs and other law enforcement
authorities, military servants, employees of State Judicial Administration and
court staff, other state servants, attorneys, notary officers.
5) citizens older 65
years of age;
6) persons, who do not
speak the state language.
3. A person
included in the list of people’s assessors shall be obliged to inform the court
about circumstances, which exclude his/her ability to take part in execution of
justice.
Article 16. Reasons
and procedure for terminating people’s assessor from execution of duties
1. Persons, which can
not be included in the list of people’s assessors according to the Law, but
were included, shall be dismissed from execution of duties of people’s assessor
by the chair of a respective court.
2. The following
persons shall be dismissed from execution of duties of people’s assessor by the
chair of a respective court:
1) persons who are on
maternity leave, child-care leave, or have children of pre-school age or
younger school age, or care after disabled children, other sick persons or
members of family of senior age;
2) heads and deputy
heads of local self-government authorities;
3) persons, who can
not participate in execution of justice because of their religious
believes;
4) other persons if
the chair of the court acknowledges the reasons they provide as justifiable.
3. Persons identified
in the second part of this Article shall be released from execution of duties
of people’s assessor on their request filed prior to engagement in execution of
these duties.
4. Dismissal from
execution of duties of people’s assessor as a result of withdrawal (self
withdrawal) in a specific case shall be executed duly pursuant to the
procedural law.
Article 17. Status of
a juror
1. A juror shall be a
citizen of Ukraine,
who according to the procedural law shall consider cases in court together with
a professional judge, providing direct participation of people in execution of
justice pursuant to the Constitution of Ukraine.
2. A juror shall be
required to take part in consideration of the legal case and solve issues under
jurors’ consideration fairly and unbiased. Jurors shall have responsibilities
determined by the items 2-4, part 4, Article 10 of this Law.
3. A jury trial shall
be conducted for consideration of cases in the first instance determined by the
procedural law.
Article 18. List of
jurors
1. A list of jurors
shall be compiled based on the candidate lists by the commission, composition
of which is approved respectively by the Verkhovna Rada of the autonomous Republic of Crimea, regional council, and Kyiv and Sevastopol city councils. The composition of the commission shall include
plenipotentiary representatives of court, justice authorities and respective
council. A list of jurors shall include citizens, who continuously live on the
territory of the jurisdiction of the respective court, and comply with the
criteria stated in Article 19 of this Law.
2. A list of jurors
shall be approved by the decision of a respective council for four years and
reviewed if necessary, but at least in two years.
3. A list of jurors
shall be published in printed mass media of a respective local council.
Article 19.
Requirements for jurors
1. A juror can be a
citizen that reached the age of thirty.
2. The persons
mentioned in the second part of Article 15 of this Law can not be jurors.
3. The very same
person can not be included at the same time to a list of people’s assessors and
a list of jurors.
Article 20. Reasons
and procedure of exonerating from execution of duties of juror
Exonerating from execution of duties of juror shall be performed by a
professional judge, who is considering the case for the reasons prescribed by
the Article 16 of this Law and other grounds and duly pursuant to the
procedural law.
Article 21. Attraction
of people’s assessors and jurors to execution of duties of judge
1. A court shall
attract people’s assessors to execution of justice in the order of priority for
the term not more than one month per year, except cases when prolonging this
term is necessary to finish consideration of a case, which was started with
their participation.
2. A court shall
attract jurors for consideration of a specific case.
3. A written invitation
to participate in execution of justice shall be sent by court to assessor or
juror not later than two weeks prior to session of the court. The following
shall be indicated in the invitation: rights and responsibilities of people’s
assessor and juror accordingly, set of requirements for people’s assessors and
jurors, as well as grounds for releasing them from execution of mentioned
duties. Together with the invitation a written message for employer regarding
attraction of a person as a people’s assessor or a juror shall be sent.
4. The employer shall
be obliged to release a people’s assessor or a juror from his/her works for the
time of execution of his/her duties in court. Refusal to release a person from
work shall be viewed as a contempt of court.
5. A people’s
assessor or a juror shall be obliged to appear on the invitation of court on
time to participate in the court session. Default of appearance in court
without a justifiable reason shall be viewed as a contempt of court.
6. Procedure of
selection of jurors for consideration of a case, procedure of their swear and
the content of this oath shall be determined by the procedural law.
Article 22. Guaranties
of rights of people’s assessors and jurors
1. People’s assessors
and jurors for the time of their execution of duties of a judge shall be paid
compensation in the amount of their average monthly salary or pension, but not
less than the living wage for an able-bodied person. They shall also receive
compensation for transportation and housing rent, as well as per diem. The
stated payments shall be executed by the regional department of the State
Judicial Administration of Ukraine backed by the State Budget of Ukraine.
2. Dismissal of a
people’s assessor or a juror from work or transfer to a different job without
his/her consent during execution of his/her duties in court shall not be
permitted.
3. Guaranties of
independence and immunity of judges pursuant to the law shall apply to people’s
assessors and jurors for the term of execution of justice by them. On a
justified request of a people’s assessor or a juror security measures may be
applied to him/her even after.
Section ІІ. PROCEDURE FOR ASSUMING THE POSITION OF PROFESSIONAL JUDGE OF COURT OF
GENERAL JURISDICTION
Chapter 1.
General provisions
Article 23.
Requirements for candidates for a position of judge
1. A citizen of Ukraine that reached the age of twenty five, who has higher juridical education
and work experience in the legal field of minimum three years, resides in Ukraine for at least ten years and fluently speaks the state language may be
recommended for a position of judge.
2. A citizen of Ukraine that reached the age of thirty, who has higher juridical education and
work experience in the legal field of minimum five years, resides in Ukraine for at least ten years and fluently speaks the state language may
become a judge of a circuit court.
3. Additional requirements
to candidates for positions of judge of court of high level shall be provided
by this Law.
4. The higher
juridical education for this Article shall be considered the higher juridical
education received in Ukraine
with educational-qualification rank “Master”.
5. Work experience in
the legal field for this Article shall be considered experience of person’s
occupational work after this person receives the higher juridical education
with the educational-qualification rank of at least “Specialist”.
6. Residing in Ukraine for at least ten years for the purposes of this Article shall be
considered the total amount of time of residing in Ukraine of minimum ten years not depending on the breaks in this period.
Article 24. Selection of
candidates for a position of judge
1. Selection of
candidates for a position of judge shall be done on basis of competition from
the number of persons that comply with the criteria set by the Constitution of
Ukraine and Article 23 of this Law, and who passed work training for a position
of judge, based on results of examination according to the requirements of this
Law.
2. During the
selection of candidates they shall be provided with equal rights regardless of
their origin, social and material status, ethnic and race affiliation, sex,
political and religious believes and other circumstances.
3. Every person, who
complies with the requirements to the candidate for a position of judges and
took appropriate training in the National School of Judges of Ukraine, shall
have a right to address the High Qualifications Commission of Judges of Ukraine
with a proposal to recommend him/her for appointing or
electing him/her for a position of a professional judge.
4. A judge, whose
term of powers ended, on his/her proposal shall be recommended for electing
him/her without term limitation, if there are no grounds under the law, which
discount this.
Article 25.
Preparation for work on the post of judge
1. Training for work
on the post of judge shall be done by the National School of Judges of Ukraine during two years. The term of such preparation shall be included in the
work experience in the legal field. For attorneys, prosecutors, assistants of
judges, and scientific consultants with work experience on a respective post
more than five years, and persons with scientific rank of PhD or Doctor of
Juridical Science the term of preparation for working on the position of judge
in the National School of Judges of Ukraine shall be only one year.
2. Entrance to the
National School of Judges of Ukraine shall be executed on basis of competition. The competition shall be
held by the state examination commission, composition of which is approved by
the High Qualifications Commission of Judges of Ukraine.
3. Entrance
competition shall be conducted in the manner of anonymous test, written task
and interview in accordance with the regulations on procedures of entrance to
the National School of Judges of Ukraine, approved by the High Qualifications Commission of Judges of Ukraine on
the proposal of the National School of Judges of Ukraine.
Article 26.
Announcement of competition for a position of judge
1. In order to
conduct the competition for vacant posts of judge the High Qualifications
Commission of Judges of Ukraine shall publish an announcement in the official
printed periodical, assigned by the Cabinet of Ministers of Ukraine, not later
than two months prior to the competition.
2. The competition
announcement shall indicate:
1) titles of courts,
where there are or will be vacant posts of judge, and the quantity of these
posts;
2) qualification
requirements to a candidate for a post of judge;
3) set of documents
according to the first part of Article 27 of this Law and term of application;
4) title, location and
postal address of the High Qualifications Commission of Judges of Ukraine;
5) conditions of
conducting the competition;
6) date, place and
time of the competition;
Article 27. Filing
documents by the candidate to the High Qualifications Commission of Judges of Ukraine
1. In order to take
part in the competition a person shall provide:
1) written application
of a candidate, personally written;
2) copy of passport of
a citizen of Ukraine;
3) special paper from
the personnel inventory and curriculum vitae of a candidate;
4) copy of education
diploma, present science-degree or academic rank;
5) abbreviate from
employment history;
6) medical certificate
on the state of health of a candidate;
8) written consent of
a candidate for collection, storage and use of information about him/her with
the purpose of further evaluation of his preparedness to work on the post of
judge;
9) document with the
results of the training in the National School of Judges of Ukraine;
10) if available –
other documents certifying candidate’s readiness to work on the post of judge.
2. Acceptance of
documents shall be closed two day prior to the conduction of the competition.
Applications that arrived after the stated term shall not be reviewed. A judge,
whose term of appointment is ending, must file application regarding
recommending him/her for a position of judge not later than three months prior
to termination of his term on the position of judge.
3. Competition shall
be open to the persons stated in Articles 23, 24 of this Law, who managed to
provide all necessary documents. A justified decision regarding rejection of
admittance to the competition shall be made by the High Qualifications
Commission of Judges of Ukraine.
Article 28.
Examination for the position of judge
1. Examination for the
position of judge shall be performed in the following way: a candidate shall
take a qualification exam and interview. When results of the examination are
determined, data that proves the person’s ability to work on the post of judge
shall be taken into consideration.
2. Examination for
positions of judge in local courts shall be conducted at least twice a year in
the form of competition separately to district and circuit courts of every
specialized jurisdiction.
3. Examination for
positions of judge in courts of appeal, high courts and the Supreme Court of
Ukraine shall be conducted in the form of competition separately for each
position. Examination with the purpose of solving issue of election of a judge
without term limitation to the position, which he/she occupied before the
termination of the term of appointment, shall be conducted without a
competition.
4. For conducting the
examination the High Qualifications Commission of Judges of Ukraine shall have
a right to collect information about a candidate, assign other state
authorities collection of such information. Organization and citizens shall
have a right to provide the High Qualifications Commission of Judges of Ukraine
with the information about the candidate they possess.
Article 29. Qualification exam
2. Qualification exam
shall involve screening of the knowledge and level of professional preparation
of a judicial candidate, level of his/her readiness to execute justice on the
issues under the jurisdiction of a relevant court, personal and moral characteristics.
3. Qualification exam
shall be conducted by the state examination commission, created by the High
Qualifications Commission of Judges of Ukraine.
4. Composition and
operating procedure of the state examination commission under the High Qualifications
Commission of Judges of Ukraine, as well as procedures of taking the
qualification exam shall be determined by the Regulations approved by the High
Qualifications Commission of Judges of Ukraine and the Chief Justice of the
Supreme Court of Ukraine on approval of the High Council of Justice and the
Council of Judges of Ukraine.
5. Results of the
qualification exam shall be valid during the next three years.
6. A person that
fails the qualification exam can be admitted to the examination for the position
of judge not sooner than in one year. A person that fails the qualification
exam for the second time may be admitted to the next examination in two
years.
8. Complaint of a
candidate on results of the qualification exam shall be reviewed at the session
of the
High Qualifications Commission of Judges of Ukraine, and the person
who filed the complaint shall be invited to this session. The High
Qualifications Commission of Judges of Ukraine following the results of
administration of complaint may cancel results of the qualification exam
completely or in regard to this person and assign a new examination or a new
exam accordingly.
Article 30. Additional
exam
1. Additional exam –
is a secondary examination of the person, who did not agree with the results of
the exam, determined by the state examination commission.
2. Additional exam may
be assigned by the High Qualifications Commission of Judges of Ukraine based on
the complaint of the candidate for the post of judge in case of his dissent
with the results of the qualification exam.
3. Additional exam
shall be taken in front of the High Qualifications Commission of Judges of
Ukraine in a one month term from the day a decision permitting taking the
additional exam was made.
4. A person who
fails to pass the additional exam shall be admitted to the competition for a
position of judge not earlier than in three years.
Article 31. Decision
of the High
Qualifications Commission of Judges of Ukraine regarding
recommendation of the candidate for a position of judge
1. A decision
regarding recommendation of a candidate for a position of judge shall be made
after hearing him at the session of the High Qualifications Commission of
Judges of Ukraine.
2. Issues on
recommendation of a candidate for appointing (electing) him/her for a post of
judge shall be made by the High Qualifications Commission of Judges of Ukraine
based on results of interview, qualification exam, medical certificate of the
person’s state of health and other information about the candidate; both professional
skills of the candidate and his/her personal and moral qualities shall be taken
into consideration.
3. The primary right
for occupying the vacant post of judge shall be provided to the candidate, who
passed the qualification exam with the best results.
Chapter 2.
Appointment for the post of judge
Article 32. Procedure
of appointing for a post of judge
1. Procedure of appointing for a post of judge
shall be the following:
1) The High
Qualifications Commission of Judges of Ukraine shall announce a competition for
a position of judge (Article 26 of this Law);
2) A candidate shall
address the High Qualifications Commission of Judges of Ukraine to recommend
him/her for appointing for a post of judge (Article 27 of this Law);
3) The High Qualifications
Commission of Judges of Ukraine shall conduct a competition, make a decision
regarding recommendation of a candidate for a position of judge and send this
decision to the High Council of Justice (Articles 28-31, 33 of this Law);
4) The High Council of
Justice shall review the recommendation and make decision regarding making a
proposal to the President of Ukraine on appointment of the candidate for a post
of judge (pursuant to the Law of Ukraine «On the High Council of Justice»);
5) The President of Ukraine shall make a decision on appointment of a judge (Article 34 of this
Law).
Article 33. Consideration of the matter of appointment for a post of judge by the High Qualifications
Commission of Judges of Ukraine
1. The High
Qualifications Commission of Judges of Ukraine may make a decision on recommending appointing a candidate only for a
vacant position of judge.
2. Should there be two
or more vacant positions of judge the primary right of choice shall belong to
the candidate, who showed the best result at the qualification examination.
3. Persons that passed
the qualification exam but temporary were not recommended for a post of judge
because of the lack of vacant positions, shall have a right to take part in the
competition for occupying the vacant post during the next two years, if they
don’t withdraw their applications. A competition shall be announced and
conducted by the High Qualifications Commission of Judges of Ukraine. The
primary right of choice shall belong to the candidate, who passed the
qualification examination with the best result.
4. Should there be two
or more vacant positions of judge the primary right of choice shall belong to
the candidate, who showed the best result at the qualification examination. If
there are two similar results of the examination, the priority shall be given
to a working judge.
Article 34.
Appointment for a post of judge
1. The President of Ukraine shall appoint for a post of judge:
1) A person, who did
not occupy a post of judge before – for the term of five years;
2) A person, who
occupied a post of judge before for a period less than five years – in the
boundaries of five years term;
2. Appointment for the
position of a professional judge shall be executed by the President of Ukraine
based on the recommendation of the High Qualifications Commission of Judges of
Ukraine on the proposal of the High Council of Justice.
3. Should the proposal
of the High Council of Justice be rejected, the President of Ukraine shall
issue a relevant decree, which has to be justified.
4. A person
appointed for the position of judge shall acquire a status of a professional
judge of a respective court.
Article 35. Transfer
of a judge to a different court in the limits of a five year term of
appointment
1. A judge in the
limits of the five year term nay be transferred to a different local court on
his/her written application to the High Qualifications Commission of Judges of
Ukraine to recommend him/her for a post of judge of a respective court.
2. Transfer of a judge
from one court to another shall be executed according to the procedure of
appointing a judge determined by this Law. A judge may be transferred to a
different court based on results of a competition, conducted for filling vacant
positions.
3. Should a judge take
part in a competition for filling a vacant post of judge in a different court
of the same level and same specialization, according to his/her wish the
judge’s results of previous qualification exam may be taken into consideration,
if the exam was taken not more than three years ago. In this case the judge
shall not take the qualification exam.
4. Should the results
of the competition be the same, the priority shall be given to those
candidates, who have a longer working experience on the position of judge.
Chapter 3.
Election of judge
Article 36. Procedure
of election for the position of judge
1. A procedure of
election for a position of judge without term limitation shall be the
following:
1) The High
Qualifications Commission of Judges of Ukraine shall announce a competition for
a post of judge (Article 26 of this Law), except for the case, when the matter
concerns election of a person for a post of judge, whose terms of powers on the
position of judge ended;
2) A candidate shall
address the High Qualifications Commission of Judges of Ukraine to recommend
him/her for election for a post of judge (Article 27 of this Law);
3) The High
Qualifications Commission of Judges of Ukraine shall inform about preparation
of materials on election of candidate for a post of judge in local mass media,
newspaper “Voice of Ukraine”;
4) The High
Qualifications Commission of Judges of Ukraine shall conduct a competition,
make a decision regarding recommendation of a candidate for a position of judge
and send this decision along with a proposal to the Verkhovna Rada of Ukraine
(Articles 28-31, 37, 38 of this Law);
5) The Committee of
the Verkhovna Rada of Ukraine, to whose jurisdiction belong issues of election
and dismissal of judges elected without term limitation (further – the
Committee of the Verkhovna Rada of Ukraine) shall review proposals for election
of a candidate for a post of judge without term limitation, make decisions
regarding recommending or not recommending a candidate for a post of judge
without term limitation and bring this decision for consideration to the
Verkhovna Rada of Ukraine (Articles 39-41, 44 of this Law);
6) The Verkhovna Rada
of Ukraine shall make a decision regarding election of a candidate or denial of
electing him/her for a post of judge without term limitation (Articles 42, 43
of this Law).
Article 37.
Consideration of the matter of election of a candidate for a post of judge
without term limitation by the High Qualifications Commission of Judges of Ukraine
1. The High
Qualifications Commission of Judges of Ukraine shall review issues concerning election of a candidate for a post of
judge without term limitation not later than two months prior to termination of
the term of occupying the post of judge.
2. People’s deputies
of Ukraine shall have a right to participate in the session of the High
Qualifications Commission of Judges of Ukraine during consideration of matters
concerning election of a candidate for a post of judge.
3. The High
Qualifications Commission of Judges of Ukraine based on results of the qualification exam and studied materials may
decide to deny a candidate in recommendation for a post of judge and send this
decision to the Verkhovna Rada of Ukraine.
4. A decision of
the High Qualifications Commission of Judges of Ukraine concerning
recommendation of a judge, whose term of appointment is ending, shall be sent
to the Verkhovna Rada of Ukraine not later than one month prior to completion of the term of holding the
position of judge.
Article 38.
Requirement to recommendation concerning election of a candidate for a post of
judge without term limitation
1. A recommendation
of the High Qualifications Commission of Judges of Ukraine concerning election
of a candidate for a post of judge without term limitation shall include last
name, name, and patronymic name of a candidate, title and location of a court,
to which a candidate should be elected.
2. Personal files of a
candidate for election to a post of judge without term limitation shall be
attached to the proposal and include the following:
1) A written
application of a candidate, personally written;
2) A decision
regarding recommendation by the High Qualifications Commission of Judges of
Ukraine for election of a candidate for a post of judge without term limitation
with obligatory notice of abiding by the candidate of all requirements,
determined by the Article 127 of the Constitution of Ukraine, or denial of
candidate’s recommendation for a post of judge;
3) Protocol and
materials of qualification exam;
4) Copy of passport of
a citizen of Ukraine;
5) Special paper from
the personnel inventory and curriculum vitae of a candidate;
6) Copy of educational
diploma, present science-degree or academic rank;
7) Abbreviate from
employment history;
8) Record of standard
of performance as a judge for the last five years, signed by the chair of the
respective court and head of the regional department of the State Judicial
Administration. The record shall include: information regarding number of cases
considered by years and categories, number of cancelled, changed judicial
decisions; grounds for canceling, changing legal decisions, number of open
disciplinary proceedings and number of decisions on bringing to the
disciplinary liability;
9) Document with
results of training in the National School of Judges of Ukraine;
10) Copies of
resolutions of the authorized state bodies concerning appointment (election) of
a judge for the posts;
11) Medical
certificate on the state of health of a candidate;
12) Income declaration
for the last year according to the form set by the Ministry of Finance of Ukraine;
13) If available –
other documents certifying candidate’s readiness to work on the stated post of
judge in court.
Article 39. Review of
citizens’ addresses and other material concerning activity of a candidate for a
post of judge without term limitation by the Committee of the Verkhovna Rada of
Ukraine
1. The Committee of
the Verkhovna Rada of Ukraine shall perform check-up of abidance of the candidate
for a post of judge without term limitation by all requirements, determined in
the Article 127 of the Constitution of Ukraine and Articles 23 and 47 of this
Law, as well as examination of addresses of citizens, community organizations,
enterprises, institutions, bodies of state power and local self-government
authorities (further – addresses) regarding activity of the candidate.
2. In case
consideration of addresses requires additional examination, the Committee of
the Verkhovna Rada of Ukraine
shall make a decision on sending them to the Supreme Court of Ukraine, relative
high specialized court, High Council of Justice, State Judicial Administration
of Ukraine, the Council of Judges of Ukraine or the Discipline Commission of
Judges of Ukraine.
3. The term of
consideration of such addresses and provision the Committee of the Verkhovna
Rada of Ukraine
with the response shall be calculated according to the Regulations pursuant to
the Law of Ukraine “On Addresses of Citizens”.
4. If necessary, the
Committee of the Verkhovna Rada of Ukraine shall have a right to conduct a
direct examination of addresses, assigning execution of it to a member of the
Committee (on his consent).
5. A candidate
elected to the post of judge without term limitation shall have a right to
study the materials of addresses regarding his/her activity, inquiries of the
Committee of the Verkhovna Rada of Ukraine concerning them and responses,
provided to the Committee of the Verkhovna Rada of Ukraine.
6. The secretariat of
the Committee of the Verkhovna Rada of Ukraine in a three day term from the day
of receiving proposal shall spread among the people’s deputies of Ukraine
through the apparatus of the Verkhovna Rada of Ukraine the lists of candidates,
proposed for election for posts of judge without term limitation, with a notice
of the date and time of a session of the Committee of the Verkhovna Rada of
Ukraine.
7. Authorized
representatives of the Supreme Court of Ukraine, high specialized courts, the
High Council of Justice, High Qualifications Commission of Judges of Ukraine,
the Discipline Commission of Judges of Ukraine, State Judicial Administration
of Ukraine, the Council of Judges of Ukraine, as well as the candidate for a
post of judge, whose presence is obligatory shall be invited to the session of
the Committee of the Verkhovna Rada of Ukraine.
8. On request of the
people’s deputies of Ukraine
representatives of bodies of state government, local self-government
authorities and community may be invited to the session of the Committee of the
Verkhovna Rada of Ukraine.
9. Persons mentioned
in the part seven of this Article shall be informed about the date and time of
the session in writing not later than three days prior to its beginning.
Article 40.
Consideration of proposal on election of a candidate to the post of judge
without term limitation at the session of the Committee of the Verkhovna Rada of Ukraine
1. The Committee of
the Verkhovna Rada of Ukraine
shall consider a proposal on election
of a candidate to the post of judge without term limitation in a one month term
from the day of receiving the proposal. In case when it is necessary to examine
the facts, which disable decision making, this term may be prolonged by the Committee,
but not more than for two months, with exception when the term of examining
coincide with the inter-session period of work of the Verkhovna Rada of
Ukraine.
2. Consideration of proposal on election of a
candidate to the post of judge without term limitation shall be executed at the
session of the Committee of the Verkhovna Rada of Ukraine collectively concerning each candidate
separately.
3. During a
discussion, members of the Committee of the Verkhovna Rada of Ukraine, invited persons shall have a right to question presenter and the candidate
directly.
4. A decision of
the Committee of the Verkhovna Rada of Ukraine on recommending or not recommending a candidate for election for a post
of judge without term limitation, after discussing the candidate and review of
provided addresses regarding his/her activity, shall be announced in the
presence of the candidate.
5. A decision of
the Committee of the Verkhovna Rada of Ukraine on not recommending a candidate for election
for a post of judge without term limitation
shall not preclude from considering this matter at the plenary session of the
Verkhovna Rada of Ukraine.
Article 41.
Requirement for a decision of the Committee of the Verkhovna Rada of Ukraine
1. In case of
availability of the decision on
recommending or not recommending a candidate for election for a post of judge
without term limitation, the Committee of the Verkhovna Rada of Ukraine shall table a motion regarding including the matter of electing these
judges to the procedure of the plenary session of the Verkhovna Rada of Ukraine.
2. The Verkhovna Rada
of Ukraine at the plenary sessions shall elect or reject election of judges
without term limitation, given a decision of a respective Committee of the
Verkhovna Rada of Ukraine.
Article 42. Procedure
for considering the issue of election of a candidate for a post of judge
without term limitation at the plenary session of the Verkhovna Rada of
Ukraine
1. Consideration of the issue of election of a
candidate for a post of judge without term limitation at the plenary session of
the Verkhovna Rada of Ukraine shall start from a report of a spokesperson, assigned by the Committee
of the Verkhovna Rada of Ukraine.
2. If during consideration of the issue of election of a
candidate for a post of judge without term limitation in a respective Committee
of the Verkhovna Rada of Ukraine some comments were made on the candidate for a
post of judge without term limitation, the spokesperson shall have to inform
the people’s deputies if Ukraine about this fact.
3. Every people’s
deputy of Ukraine shall have a right to question the spokesperson and the
candidate directly, who is elected to the post of judge without term
limitation, express his/her opinion concerning this candidate.
4. If there are
remarks or comments on the candidate elected to the post of judge without term
limitation, expressed at the plenary session of the Verkhovna Rada of Ukraine, which require additional examination by the respective Committee of
the Verkhovna Rada of Ukraine,
voting on this candidate shall not be conducted. Secondary consideration of a
proposal regarding him/her shall be executed by the Verkhovna Rada of Ukraine if the decision was made by that Committee according to the
requirements of the Article 40 of this Law.
5. Questions may also
be addressed to the authorized representative of the High Qualifications
Commission of Judges of Ukraine.
Article 43. Procedure
for decision making on election of a candidate for a post of judge without term
limitation at the plenary session of the Verkhovna Rada of Ukraine
1. The Verkhovna Rada
of Ukraine shall elect a judge without term limitation:
1) a person, whose
term on the post of judge has ended;
2) a person, who has
previously occupied a position of judge not less than for five years, but who
does not occupy a post of judge at the time of consideration of the issue of
election.
2. A decision on election of a candidate for a post of judge
without term limitation shall be made by an open fixed vote by the majority of
the constitutional composition of the Verkhovna Rada of Ukraine.
3. A decision on election of a candidate for a post of judge
without term limitation shall be formalized by a decree of the Verkhovna
Rada of Ukraine.
4. A person elected
to a post of judge without term limitation shall obtain status of a
professional judge of the court of a relevant level.
5. In case a
candidate, whose term of powers on the post of judge has ended, was not elected
without term limitation, the High Council of Justice shall file a proposal to
the President of Ukraine regarding dismissal of this candidate from the post of
judge.
Article 44. Recurrent
recommendation of a candidate for the post of judge without term
limitation
1. If a candidate was
not elected to the post of judge without term limitation at the plenary session
of the Verkhovna Rada of Ukraine in regard of new circumstances, reported in
speeches of the people’s deputies of Ukraine, the Committee of the Verkhovna
Rada of Ukraine shall make a decision on addressing the High Council of
Justice, the Discipline Commission of Judges of Ukraine, the High
Qualifications Commission of Judges of Ukraine with request for examination of
these circumstances or assign people’s deputies of Ukraine – members of this
Committee to make proposal on conducting such examination, approve terms of its
execution and based on results of examination shall issue a decision regarding
recurrent proposal of previously rejected candidates for the plenary session of
the Verkhovna Rada of Ukraine.
2. Results of the
conducted examination shall be reviewed at the session of the Committee of the
Verkhovna Rada of Ukraine
pursuant to the requirements determined by the Article 40 of this Law.
3. Proposal of
candidates for election for a post of judge without term limitation, which were
rejected twice by the Verkhovna Rada of Ukraine, shall not be permitted.
Article 45. Transfer
of a judge elected without term limitation to a different court
1. Transfer of a judge
from one court to another court of the same level shall be executed on his/her
submission by the Council of Judges of Ukraine pursuant to recommendations of
the High Qualifications Commission of Judges of Ukraine based on results of the
competition determined by this Law. Transfer of a judge from a court of upper
level to a court of lower level shall be executed without competition on
his/her submission.
2. If a judge
participates in a competition for a position of judge in court of the same
level and specialization, results of previous qualification exam can be taken
into consideration on the wish of a judge, if it has not yet been three years
from the time of the exam.
3. Transfer of a judge
from one court to another court of the upper level shall be executed according
the procedure of election of judge pursuant to this Law, based on results of
the competition.
Section ІІІ. QUALIFICATION RANKS AND QUALIFICATION ATTESTATION
Article 46. Objectives
and grounds of qualification attestation
1. Qualification
attestation shall involve evaluation of professional level of judge and making
a decision by the qualification commission on assigning to a judge, or
confirming by him/her of a relevant qualification rank.
2. Grounds for
assigning a qualification attestation to a judge shall be:
1) completion of the
term of judge’s tenure in a relevant qualification category pursuant to the
Law;
2) submission of judge
for reinstatement of qualification rank;
3) decision of a body,
authorized to execute disciplinary proceedings towards a judge, on assigning
the qualification attestation for confirmation of the qualification rank.
Article 47.
Qualification ranks of judges
1. Qualification ranks
shall be assigned to:
1) judges of local
courts - fifth, fourth, third and second qualification ranks;
2) judges of court of
appeal– third, second and first qualification ranks;
3) judges of high
specialized courts – second, first and higher qualification ranks;
4) judges of the
Supreme Court of Ukraine – higher qualification rank.
2. In order to
occupy the post of judge of a court of appeal, a judge must posses at least the
fourth qualification rank, post of judge of the high specialized court – at
least third qualification ranks, post of judge of the Supreme Court of Ukraine
– at least the first qualification rank.
3. Reduction of
qualification rank or exemption a judge of qualification rank, which disable
him/her to occupy a position in the court, where he/she works, shall terminate
the powers of judge and bind him/her during the three months to take a special
training in the National School of Judges of Ukraine and pass qualification
attestation for a respective qualification rank.
Article 48. Terms of judge’s
tenure in a qualification category
1. A judge
appointed to the post in district or circuit court for the first time shall
pass qualification attestation in a year from the day of appointment and he/she
may be assigned the fifth qualification rank.
2. The term of judge’s
tenure of a qualification rank, which shall give a right to receive the next
qualification rank, shall be: in fifth qualification rank – two years, fourth
and third – three years, second – five years.
After completion of this term a judge must pass a qualification
attestation to confirm previously assigned to him qualification rank or
assigning to him the fourth qualification rank. Avoidance of qualification
attestation shall result into exemption of qualification rank of judge,
regarding which a relevant qualification commission shall issue a
decision.
3. The terms of
judge’s tenure of first and high qualification ranks shall not be limited.
4. A judge,
dismissed from his/her post shall preserve assigned to him/her qualification
rank. A judge shall loose the qualification rank in case he/she is dismissed
from the post on grounds, determined by items 5, 6 of part five, Article 126 of
the Constitution of Ukraine.
Article 49. Procedure
of conducting the qualification attestation
1. A qualification
attestation shall be conducted in the form of a written test and interview.
During the qualification attestation the results of training of a judge in the
National School of Judges of Ukraine shall be taken into consideration.
2. The next
qualification attestation of judge shall be conducted not later than in one
month from the day of completion of his/her term or tenure of assigned to
him/her qualification rank with the purpose to confirm the judge’s
qualification rank or assign to him/her the next qualification rank.
3. The pre-term
qualification attestation of judge shall be conducted during the two months
from the day of receiving judge’s request for reinstatement of a qualification
rank or a decision, made by the body, authorized to apply disciplinary
proceedings to a judge, regarding assigning of qualification attestation for
confirming the qualification rank.
4. Qualification test
shall involve screening of the knowledge of a professional judge, identifying
the level of qualification preparedness of judge, his/her ability to develop
professional level and execute justice, including the courts of high
level.
5. Qualification
interview shall be conducted orally and concern the actual execution of justice
by a judge and his/her official duties.
6. Qualification
interview with a judge, who claims a qualification rank, which gives a right to
occupy a post in a court of high level, shall concern the knowledge in the
field of legislation, judicial practice and legal analytics, the level of which
is sufficient for adequate execution of powers of judge in court of high
level.
Article 50. Decisions
of the qualification commission on assigning of a qualification rank
1. A qualification
commission of judges, depending on the level of professional knowledge, term of
service, experience of a judge under attestation shall issue a decision on:
1) assigning a
relevant qualification rank to a judge;
2) remaining of a
judge in the previously assigned qualification rank;
3) postponing
attestation (in case of insufficient level of professional knowledge of judge)
for the term not more than six months;
4) exemption a judge
of qualification rank and sending him/her to the National School of Judges of Ukraine for special training in case he/she fails to confirm the qualification
rank.
Article 51. Appeal
against decision of the qualification commission of judges on issues of
qualification attestation
1. A judge, who does
not agree with the decision of the regional qualification commission of judges
regarding his/her attestation, shall have a right to appeal this decision in
the High Qualifications Commission of Judges of Ukraine in a 15 days term from
the day of receiving a copy of the decision.
2. A complaint
shall be filed through the regional qualifications commission of judges, which
issued a decision. The regional qualifications commission of judges, which
issued a decision, receiving the complaint shall send it not later than in
three day term along with the materials of the case to the High Qualifications
Commission of Judges of Ukraine.
3. The High
Qualifications Commission of Judges of Ukraine shall process a complaint on the decision regarding qualification
attestation during a month from the day of filing the complaint and materials
of attestation. A person, who filed a complaint, may be called for review of
the complaint.
4. The High
Qualifications Commission of Judges of Ukraine shall have a right to:
1) Leave a complaint
without redress;
2) Change a decision
and assign a relevant qualification rank to a judge;
3) Leave a judge with
a previously assigned qualification rank.
5. A decision of
the High Qualifications Commission of Judges of Ukraine shall be sent during
the ten days to the person, who filed the complaint, and the chair of the
court, where the judge works.
6. A decision of
the High Qualifications Commission of Judges of Ukraine on issues of
qualification attestation may be appealed in court only in case of violation of
the procedure of consideration of the matter, determined by the law.
Section IV.
DISCIPLINARY LIABILITY OF A PROFESSIONAL JUDGE
Article 52. Grounds
for disciplinary liability of a professional judge
1. A judge may be
brought to a disciplinary liability in the order of disciplinary proceedings on
the following grounds:
1) intentional
violation of norms of procedural law during execution of justice or evidently
unqualified solution of case;
2) creation of
obstacles for person’s access to justice, not prescribed by the law;
3) intentional delay
of consideration of an application, complaint or case;
4) evident display of
partiality or disrespect to any of the participants of the process;
5) committing an
immoral deed in or out of the court;
6) systematical or
severe violation of rules of judicial ethics;
7) use of his/her
position for obtaining personal benefits, not provided by the status of judge;
8) avoidance of a
required training at the National School of Judges of Ukraine;
9) disclosure of
confidential information about a specific person out of court;
10) disclosure of a
secret, which became known to a judge during consideration of case in a closed
trial;
11) systematical
ignoring of position of high level courts regarding application of legal norms
in consideration of cases;
12) receiving gifts
from the participants of the process or persons connected with them.
2. Canceling or
changing of a court decision shall not entail disciplinary liability of a
professional judge, who participated in its issuing, if intentional violation
of legal norms or evidently unqualified application of them did not take
place.
Article 53.
Disciplinary proceedings regarding a judge
1. Disciplinary
proceedings – is a procedure of consideration by the authority determined by
the law of address, which includes information about violation of requirements
to judge’s status, official duties or oath of judge.
2. Abuse of a right to
address the body, authorized to apply disciplinary proceedings to a judge, in
particular initiate an issue of liability of a judge without sufficient grounds
and use of this right as means to pressure a judge executing justice, shall not
be permitted.
3. A disciplinary
case can not be initiated on submission or addresses, which do not include
information about features of disciplinary misbehavior of a judge, as well as
anonymous submissions and addresses.
Article 54. Bodies
that execute disciplinary proceedings
Disciplinary
proceedings shall be executed by:
1) The Discipline
Commission of Judges of Ukraine – concerning judges of local and appeal court;
2) The High Council of
Justice – concerning judges of high specialized courts and judges of the
Supreme Court of Ukraine.
Article 55. Procedure
of disciplinary proceedings in regard to a judge
1. Disciplinary
proceedings shall involve execution of examination of information on presence
of circumstances for bringing a judge to disciplinary liability, initiation of
a disciplinary case and consideration of a disciplinary case, and issuing a
decision by the body, which executes disciplinary proceedings.
2. Examination of
information on presence of circumstances for bringing a judge of local or
appeal court to disciplinary liability shall be executed by the judicial
inspector during one month on the written assignment of the board of three
members of the Discipline Commission of Judges of Ukraine. If such
circumstances are not evident in a person’s claim, the board shall leave the
claim without consideration, except for a case, if at least one of the members
of the board came to a different conclusion.
3. During execution of
examination, the judicial inspector shall have a right to study materials of
legal cases, make copies of them, question judges and other persons aware of the
circumstances of the deed, which has features of a disciplinary misconduct,
request from the State Judicial Administration and staff of local and appeal
courts necessary information.
4. A judicial
inspector, based on results of the examination, shall send materials along with
his/her justified resolution to the Discipline Commission of Judges of
Ukraine.
5. Issues on
initiating a disciplinary case shall be solved by the Discipline Commission of
Judges of Ukraine at its session. A decision is made by the majority of votes
of members of the Discipline Commission of Judges of Ukraine present at the
session.
6. Consideration of a
disciplinary case shall be executed at the session of the Discipline Commission
of Judges of Ukraine, with the following persons invited to the session: a
judicial inspector, who conducted the examination, a person, who filed a claim
that resulted into initiating of this case, a judge, which is a subject to this
case, other persons if necessary. Absence of invited persons without justified
reasons, as well as in case they did not inform about the reasons of their
absence, shall not interfere with consideration of the case.
7. Consideration of a
disciplinary case shall be conducted on basis of competition. The following
persons shall present at the session of the Discipline Commission of Judges of
Ukraine: judicial inspector, who conducted the examination, a judge, who is a
subject of the case under consideration, as well as other interested persons.
8. For review of the
issue regarding initiating of the disciplinary case, as well as for
consideration of the disciplinary case, the Discipline Commission of Judges of
Ukraine shall have a right to request necessary documents concerning the issues
under consideration.
9. The High Council of
Justice shall conduct disciplinary proceedings in regard to the judges of the
Supreme Court of Ukraine and judges of high specialized court duly pursuant to
the Law of Ukraine “On the High Council of Justice” .
10. The process of
consideration of case and announcement of results shall be recorded by
technical means.
Article 56. Decision
in a disciplinary case of a judge
1. A decision in a
disciplinary case of a judge shall be made by the majority of vote of members
of the Discipline Commission of Judges of Ukraine present at the session, in
absence of a judge, who is a subject of the case under consideration, and other
interested persons.
2. A decision in a
disciplinary case must include:
1) name of the body
authorized to conduct the disciplinary proceedings;
2) last name, name and
patronymic name of a judge, being brought to the disciplinary liability;
3) identified by the
body circumstances of the case with reference to evidences;
4) motives of the body’s
decision;
5) essence of the
decision on results of consideration with mention of type of disciplinary
punishment if the latter is applied;
6) procedure and term
of appeal against a decision.
3. When a judge is
imposed with a disciplinary penalty the following shall be taken into account:
nature of misconduct, its impacts, person of judge, and extent of his/her
fault, circumstance, which influence selection of measure of disciplinary
punishment.
4. If the Discipline
Commission of Judges of Ukraine made a decision about absence of grounds for
bringing a judge to disciplinary liability, the Commission shall close the
disciplinary proceedings and inform about it all interested persons.
5. A disciplinary
punishment shall be applied to a judge not later than six months from
discovering the disciplinary offence, excluding the time of temporary working
disability of the judge or his/her vocation time, as well as the time of
examining the information regarding presence of circumstance for bringing the
judge to the disciplinary liability.
6. Based on results of
disciplinary proceedings, the Discipline Commission of Judges of Ukraine may
issue a decision on assigning a pre-term qualification attestation for
confirming the qualification rank or send recommendation to the High Council of
Justice for resolving the matter of filing a proposal on dismissal of a judge
from the post, if there are grounds for it.
Article 57. Types of
disciplinary punishments
1. The following
disciplinary punishments shall be applied to professional judges:
1) admonition;
2) reduction of
qualification rank;
3) exemption of
qualification rank.
2. Each disciplinary
offence entails application of one disciplinary punishment.
3. Taking into
consideration gravity of the disciplinary offence, the Discipline Commission of
Judges of Ukraine may make a decision regarding publishing information
concerning application of a disciplinary punishment to a judge in the official
printed media of the Supreme Court of Ukraine and on the official web portal of
the judicial power of Ukraine.
Article 58. Appeal
against decision of the disciplinary case of judge
1. A judge of local
or appeal court may dispute a decision of the Discipline Commission of Judges
of Ukraine on bringing him/her to the disciplinary liability in the High
Council of Justice not later than one month from the next day of receiving a
copy of the decision by him/her. A complaint shall be filed through the
Discipline Commission of Judges of Ukraine.
2. The Discipline
Commission of Judges of Ukraine
not later than in three days from receiving the complaint shall send it along
with the materials of the disciplinary case to the High Council of
Justice.
3. Procession of
complaints by the High Council of Justice shall be executed duly pursuant to
the Law of Ukraine
“On the High Council of Justice”.
4. A decision of a
disciplinary case may be disputed in court only in regard to violation of the
procedure of execution of disciplinary proceedings.
5. Submission of a
complaint on a decision regarding bringing a judge to disciplinary liability to
the High Council of Justice shall terminate application of a disciplinary
punishment.
SECTION V.
DISMISSAL OF A PROFESSIONAL JUDGE OF A COURT OF GENERAL JURISDICTION FROM THE
POST. TERMINATION AND SUSPENSION OF HIS/HER POWERS
Chapter 1.
General provisions
Article 59. General
conditions for dismissal of a judge from the post
1. A judge of a
court of general jurisdiction shall be dismissed from the post by the
authority, which appointed or elected him/her, only on grounds of part five,
Article 126 of the Constitution of Ukraine on the proposal of the High Council
of Justice.
Article 60. Dismissal
of a judge in case of completion of his/her term of appointment
1. The High Council of
Justice shall submit a proposal to the President of Ukraine on dismissal of a
judge from the post in case of completion of term of his/her appointment, if:
1) a judge submitted a
request for dismissal from the post on these grounds;
2) a judge was not
elected for the post without term limitation after completion of the term of
his/her appointment;
3) a judge, according
to the information from the High Qualifications Commission of Judges of
Ukraine, did not submit a proposal on electing him/her for a post without term
limitation on time without justified reasons.
2. The High Council of
Justice shall submit a proposal on dismissal of a judge from post on the
authority of completion of the term of appointment with a reference to the
date, from which a judge shall be fired.
3. A judge shall be
dismissed from the post by the President of Ukraine by his/her decree from the
following day after completion of the term of judge’s appointment.
4. If a judge is not
dismissed from the post, on the following day after completion of the term of
judge’s appointment he/she shall not be able to execute powers concerning
administering of justice.
Article 61. Dismissal
of a judge in virtue of age
1. A judge shall be
dismissed from the post if reached the age of 65 on the following day after reaching
the age of 65.
2. The State Judicial
Administration of Ukraine
not later than one month prior to the day, mentioned in part one of this
Article, shall inform the High Council of Justice about presence of a reason
for dismissal of a judge.
3. The High Council of
Justice shall submit a proposal on dismissal of a judge in virtue of reaching
the age of 65 years to the body, which elected or appointed the judge, not
later than fifteen days prior to the day, mentioned in part one of this
Article.
4. If a judge is not
dismissed from the post, on the following day after reaching the age of 65
he/she shall not be able to execute powers concerning administering of justice.
Article 62. Dismissal
of a judge in virtue of state of health
1. A judge shall be
dismissed from the post in regard to his/her incapability to execute powers in
virtue of health status in case of available medical reference, provided by the
medical commission, created by a specially authorized central body of the
executive power on matters of health protection, or court decision on
disqualifying a judge, which came into force.
2. Acknowledging that
the health status of a judge shall not allow him during a long time or
permanently execute his/her powers, the High Council of Justice shall submit a
proposal on dismissal of a judge to the body, which elected or appointed the
judge.
Article 63. Dismissal
of a judge in virtue of breach of incompatibility requirements by the judge
1. A judge shall be
dismissed from the post, in case he/she violates the incompatibility requirements, on the proposal of the High Council of
Justice, which it shall submit to the body that elected or appointed the judge,
duly pursuant to the Law of Ukraine “On the High Council of Justice”.
Article 64. Dismissal
of a judge for violation of oath
1. A judge may be
dismissed from the post in virtue of forswear in case if he/she commits
violations, determined in part 1, Article 52 of this Law, which had systematic
nature or entailed serious consequences.
2. Facts that may witness
the breach of oath by the professional judge may be establishes by the
Discipline Commission of Judges of Ukraine or the High Council of Judges of
Ukraine in result of the disciplinary proceedings concerning this judge.
3. Dismissal of a
judge from the post in virtue of forswear shall be conducted on the proposal of
the High Council of Justice after consideration of this matter at its session
according to the Law of Ukraine
“On the High Council of Justice”.
Article 65. Dismissal
of a judge in virtue of entry of judgment of conviction regarding a judge into
legal force
1. A judge, who
approved a judgment of conviction regarding a judge, shall immediately inform
the State Judicial Administration of Ukraine about it.
2. In case of entry of judgment of conviction regarding a
judge into legal force, the State Judicial Administration of Ukraine
shall inform about it the High Council of Justice, which shall submit a
proposal on dismissal of a judge from the post.
3. In case of entry of judgment of conviction regarding a
judge into legal force, the judge can not continue performing his/her powers
and looses guaranties of independence and immunity, as well as the right for
support of judges, provided by the law.
Article 66. Dismissal
of a judge in virtue of revocation of his/her citizenship
1. A judge shall be
dismissed from the post on the proposal of the High Council of Justice in case
of revocation of his/her citizenship according to the Law of Ukraine “On the
Citizenship of Ukraine’.
2. From the moment of
revocation of citizenship, a judge can
not continue performing his/her powers.
Article 67. Dismissal
of a judge in virtue of being listed as missing or dead
1. A court, which
issued a decision on announcing a person of judge dead or missing, shall
immediately inform about the decision the State Judicial Administration of
Ukraine. In case of entry of such
judgment into legal force, the State Judicial Administration of Ukraine
shall inform about it the High Council of Justice, which shall submit a
proposal on dismissing the judge from the post.
2. If a person listed
as missing or dead appears before the decision regarding his/her dismissal was
made by the body, which appointed or elected him/her, the High Council of
Justice shall withdraw the proposal. If a person listed as missing or dead
appears after the decision regarding his/her dismissal was made, he/she shall
have a right to occupy the post of judge on general basis.
Article 68. Dismissal of a judge on his/her resignation or voluntary withdrawal from
the post
1. A judge, whose
term of work on the post of judge is not less than twenty five years,
determined according to the Article 79 of this Law, shall have a right to file
in resignation. The right to file in resignation shall also be provided to a
judge, whose health status according to the medical conclusions, which are
provided by the medical commission, created by a specially authorized central
body of the executive power on matters of health protection, interferes with
execution of judicial powers of judge.
2. A judge shall
have a right in any time of tenure of office despite the motives to submit a
request for voluntary withdrawal from the post to the High Council of Justice
for submission of a relevant proposal.
3. A judge shall
continue executing his/her powers until the decision on his/her dismissal is
issued, except a case, when the state of health interferes with execution of
judicial powers.
Article 69.
Requirements to the proposal on dismissal of a judge from the post
1. A proposal of
the High Council of Justice on dismissal of a judge shall include:
1) the date of
submission;
2) full name, date of
birth of a judge;
3) information on
occupation of the post of judge and the name of the court;
4) grounds for filing
a proposal on dismissal, determined by the part five, Article 126 of the
Constitution of Ukraine;
5) practical
circumstances (in case of submitting a proposal on dismissal of a judge under special circumstances,
determined by the Article 32 of the Law of Ukraine “On the High Council of
Justice”).
2. A personal
record with the materials revealing the grounds for dismissal shall be attached
to the proposal of the High Council of Justice on dismissal of a judge from the
post.
Chapter 2.
Peculiarities of consideration of the proposal on dismissal of a judge, elected
without term limitation, from the post by the Verkhovna Rada of Ukraine
Article 70.
Preliminary consideration of a proposal on dismissal of a judge, elected
without term limitation, by the Committee of the Verkhovna Rada of Ukraine
1. A proposal on dismissal of a judge, elected
without term limitation, shall be preliminary
considered by the Committee of the
Verkhovna Rada of Ukraine during a one month term from the day of its
submission. This term may be prolonged by the Committee of the Verkhovna Rada
of Ukraine for examination of circumstances, which are of
essence for decision making, but not more than for one month.
2. The secretariat of
the Committee of the Verkhovna Rada of
Ukraine during the three day term shall spread among the people’s deputies of
Ukraine through the apparatus of the Verkhovna Rada of Ukraine a list of
judges, proposed for dismissal from their posts, including the date and the
time of the session of the Committee of the Verkhovna Rada of Ukraine.
3. The Committee of the Verkhovna Rada of Ukraine shall perform examination of addresses of
citizens or other messages regarding the activity of a judge, received by the
Committee of the Verkhovna Rada of Ukraine.
4. The Committee of the Verkhovna Rada of Ukraine may send a request for additional examination
to the Supreme Court of Ukraine, the High Council of Justice, the Discipline
Commission of Judges of Ukraine, a respective high specialized court, the State
Judicial Administration of Ukraine, the Council of Judges of Ukraine.
5. The respective
authorities shall inform the Committee
of the Verkhovna Rada of Ukraine about results of examination in a term
established by the Committee, but not later than in 15 day from the time of
receiving the assignment for examination.
6. A judge, elected
without term limitation, who is a subject to the issue of dismissal from the
post, shall be informed about the date and the time of the session of the
Committee of the Verkhovna Rada of Ukraine.
Article 71. Procedure
of consideration of the matter of dismissal of a judge, elected without term
limitation, by the Committee of the Verkhovna Rada of Ukraine
1. People’s deputies
of Ukraine, representatives of the Supreme Court of Ukraine, high specialized
court, the High Council of Justice, the State Judicial Administration of
Ukraine, as well as representatives of state government authorities, bodies of
local self-government, community make take part in the session of the Committee of the Verkhovna Rada of Ukraine on
consideration of the matter of dismissal of a judge, elected without term
limitation.
2. Participation of a
judge, elected without term limitation, who is a subject to the proposal of
dismissal from the post under consideration, in the session of the Committee of the Verkhovna Rada of Ukraine
shall be obligatory, except cases, mentioned in items 2, 3, 6, 7, 8 and 9 of
part five, Article 126 of the Constitution of Ukraine.
3. In case of
repetitive absence without a justified reason of a judge, who is a subject to
the proposal of dismissal from the post under consideration, if the fact of
receiving by him/her the information about the date and the time of the session
is established by the Committee of the
Verkhovna Rada of Ukraine, consideration of the matter regarding this judge
shall be conducted at his absence. The Committee of the Verkhovna Rada of Ukraine shall evaluate the gravity of the reason of
absence. The same procedure is applied to consideration of matters regarding
judges, which refused in writing from participation in the session of the Committee of the Verkhovna Rada
of Ukraine, or those, regarding which there is a written
message of their refusal to participate in the session of this Committee.
4. Consideration of proposals
regarding dismissal of judges at the sessions of the Committee of the Verkhovna Rada of Ukraine shall begin from a report of the chair.
5. Members of the
Committee of the Verkhovna Rada of Ukraine and other people’s deputies of Ukraine shall have a right to question the judge concerning the materials of
examination, and also in regard to the facts, stated in addresses of citizens.
6. A judge shall
have a right to study the materials, references and conclusions of the
Committee of the Verkhovna Rada of Ukraine which concern his/her dismissal.
Article 72. Invitation
of persons for consideration of the matter on dismissal of a judge, elected
without term limitation, from the post
1. The Chief Justice
of the Supreme Court of Ukraine, the Chair of the High Council of Justice, the
chair of the respective high specialized court, the Head of the State Judicial
Administration of Ukraine shall be invited to the plenary session of the Verkhovna Rada of Ukraine for consideration
of the matters on dismissal of judges, elected without term limitation.
2. Presence of the
judge at the session of the Committee of the Verkhovna Rada of Ukraine
during consideration of the matter of
his/her dismissal in regard to the reasons, determined in items1,4 and 5 of
part five, Article 126 of the Constitution of Ukraine, shall be obligatory.
Absence at the session shall not interfere with consideration of the issue in
essence.
Article 73. Procedure
of consideration of the matter of dismissal of a judge, elected without term
limitation, at the plenary session of the Verkhovna Rada of Ukraine
1. The Committee of the Verkhovna Rada of Ukraine shall submit for the plenary session of the
Verkhovna Rada of Ukraine a proposal on recommending or not
recommending dismissal of a judge, elected without term limitation, from the
post.
2. Every candidate for
dismissal from the post of judge, elected without term limitation, shall be
personally presented at the plenary
session of the Verkhovna Rada of Ukraine by the representative of the Committee of the Verkhovna Rada
of Ukraine.
3. If a judge does not
agree with the proposal for dismissal, his/her explanations shall be listened
to.
4. People’s deputies
of Ukraine shall have a right to question a judge regarding his/her activity.
5. If during
consideration of the issue at the plenary session of the Verkhovna Rada of Ukraine there is a necessity for conducting
examination of citizens’ addresses regarding the activity of a judge or request
additional information, the Verkhovna Rada of Ukraine shall assign conducting such examination to a
relevant Committee of the Verkhovna Rada of Ukraine.
Article 74. Issuing a
decision regarding dismissal of a judge, elected without term limitation, by
the Verkhovna Rada of Ukraine
1. In regard to the
reasons, determined by the part five, Article 126 of the Constitution of
Ukraine, the Verkhovna Rada of Ukraine shall issues a decision regarding dismissal
of a judge from the post.
2. A decision shall
be made by the open unfixed ballot by the majority of vote of the
constitutional composition of the Verkhovna
Rada of Ukraine.
3. A decision regarding dismissal of a judge from
the post shall be formalized by the resolution of the Verkhovna Rada of Ukraine.
Chapter 3.
Termination and suspension of powers of judge
Article 75.
Termination of the powers of judge
1. The powers of judge
shall be terminated in case of his/her death.
2. The chair of the
court, where the judge occupied the post, shall inform the State Judicial
Administration of Ukraine about presence of grounds for termination of powers
of judge. The documents testifying the presence of grounds for termination of
powers of judge shall be attached to the submission.
Article 76. Suspension
of the powers of judge
1. The powers of judge
may be intermitted by the Council of Judges of Ukraine on request of:
1) Prosecutor-General
of Ukraine or his/her deputy – in virtue of bringing a judge to criminal
liability;
2) The High Council of
Justice - in virtue of consideration by it of the case concerning violation of
incompatibility requirements by the judge;
3) Election commission
or a judge himself – in case of his/her registration for a position, which
entails receiving of representative mandate.
2. A decision of
the Council of Judges of Ukraine on suspension of the powers of judge shall be
sent to the chair of a respective court, who immediately shall inform the judge
about suspension of his/her power.
3. From the moment of
notification about suspension of the powers the judge shall not be permitted to
exercise his/her powers, his/her salary shall be retained. A judge, whose
powers were intermitted, shall not have a right to execute justice, send
official documents, request materials.
4. Suspension of the
powers of judge shall entail simultaneous suspension of his/her powers on
administrative post in court.
5. A judge, whose
powers were intermitted, shall preserve all guaranties of independence of
judge.
6. The powers of judge
shall be reinstated in case of:
1) entry of a court’s
judgment of acquittal regarding the judge into legal force or closure of a
criminal case;
2) closure of a case
on violation of incompatibility requirements by the judge;
3) registration of the
judge-candidate was removed by the election commission, announcement of results
of election, according to which the judge failed to obtain a representative
mandate, or judge’s refusal from the representative mandate prior to taking the
respective oath.
Section VI.
SUPPORT OF A PROFESSIONAL JUDGE
Article 77. Judicial
reward of a judge
1. A judicial reward of a judge shall be
regulated by this Law, the Law of Ukraine “On the Constitutional Court of Ukraine” and can not be determined by
any other regulatory legal act.
2. A judicial reward of a judge shall
consist of the post salary and supplemental payments for:
1) years of service;
2) qualification rank;
3) tenure of an
administrative post in court.
3. A post salary of
a judge of the district court shall be affirmed in amount of fifteen minimal
wages, determined by the law.
Post salaries of other
judges shall be affirmed as follows:
1) judges of circuit
courts — 1,1;
2) judges of courts of
appeal — 1,2;
3) judges of high
specialized courts — 1,4;
4) judges of the
Supreme Court of Ukraine — 1,55.
4. Judges shall be
paid monthly supplementary payment for the qualification rank in amounts: for
the fifth qualification rank — 50 percent; fourth qualification rank — 60
percent; third qualification rank — 70 percent; second qualification rank — 80
percent, first qualification rank — 90 percent; higher qualification rank — 100
percent of their post salary.
5. Judges shall be
paid monthly supplementary payment for years of service in amounts: with the
term of work over one year – 10 percent; over two years – 12 percent; over 3
years - 15 percent, over 5 years - 20, over 10 years - 30, over 15 years - 40,
over 20 years - 50, over 25 years - 75, over 30 years - 80, over 35 years - 85
percent of their post salary.
6. Judges, who tenure
administrative posts in court, shall be provided with monthly supplementary
payment in amount: deputy chair of court, chair of judicial chamber, secretary
of presidium of the Supreme Court of Ukraine – 3 percent, chair of court - 5
percent of the post salary of judge of a respective court.
7. Judge, who has a
right for retirement, but continues working on the post of judge, shall receive
supplementary payment to financial support in amount of 30 percent of lifetime
cash allowance, which he/she would receive in case of retirement. This
supplementary payment shall not be taken into consideration when the amount of
allowance of the retired judge shall be calculated.
Article 78. Rest leave
1. Judges shall be
provided with annual paid vacation time of thirty five calendar days with
payment, beside the judicial reward, of vacation allowance in amount of the
post salary. Judges, whose term of service exceeds 5 years, shall be provided
with additional paid vacation of five calendar days, over 10 years – ten
calendar days, over 15 years – fifteen calendar days.
Article 79.
Calculation of term of service of judge
1. The term of service
of judge shall include:
1) work on posts of
judges in courts of Ukraine,
arbitrator (judge) of arbitration courts of Ukraine, state arbitrator of the former State Arbitration of Ukraine;
2) work of judge on a
post of member of the High Council of Justice, the Discipline Commission of
Judges of Ukraine, the High Qualifications Commission of Judges of Ukraine,
judicial inspector, who worked on permanent basis;
3) work on posts of
judges in courts and arbitrators in the state arbitrage of the Union of Soviet
Socialist Republic and allied countries.
Article 80. Provision
of a judge with housing
1. A judge, who has
no residential premises for constant habitation, shall have a right to receive
a loan for construction of purchase of housing for the term of 20 years, paid
back by the State Budget of Ukraine. This kind of loan shall be provided to a
judge only once.
2. Costs for
construction and purchase of housing in the State Budget of Ukraine shall be
determined in separate lines for judges of the Constitutional Court of Ukraine,
judges of the Supreme Court of Ukraine and judges of other courts of general
jurisdiction.
3. Ordering parties
for crediting of construction and purchase of housing for judges shall be staff
of the Constitutional Court of Ukraine, the Supreme Court of Ukraine, high
specialized court and the State Judicial Administration of Ukraine. Selection
of the authorized bank, which provides loans to judges, by the ordering party
shall be conducted on basis of competition according to the legislation.
4. Payment for
services of expert evaluation of cost of housing and other services, related to
making relevant agreements, payment of the first installment, redemption of
credit and interest on credit shall be executed for account of the State Budget
of Ukraine.
5. The amount of the
first installment and credit, paid at expense of the State Budget of Ukraine,
shall be calculated based on standard size of floor space of residence, as well
as results of expert evaluation of cost.
Standard size of
residential floor space for a judge and his family, information concerning
which are included in the personal record of the judge, shall be determined
based on norms of general and living space, prescribed by the law.
The cost of one square
meter of construction (purchase) of housing for a judge, which is paid from the
State Budget of Ukraine, shall not exceed its average cost in a respective
region.
6. The total sum of
the first installment, credit and interest can be bigger, than the amount,
determined according to the part five of this Article. The sum, which exceeds
such amount, shall be paid by a judge on conditions of agreement between
him/her and the authorized bank.
7. The sum of the
first installment, credit and interest, which is paid from the State Budget of
Ukraine, shall be sated in the agreement between the order party, the
authorized bank and the judge.
8. In case of
dismissal of a person from the post of judge, the responsibility for payment of
the remaining part of credit and interest shall be transferred to the person
(except for cases of dismissal of a judge of the Constitutional Court of
Ukraine or dismissal of a judge on his/her submission for retirement).
9. I a person is
dismissed from the post of judge on conditions of items 1,4,5,6 of part five,
Article 126 of the Constitution of Ukraine, or if the person have occupied a
post of judge less than five years, he/she shall be bind to compensate to the
state the cost for expert evaluation of cost of housing and other services,
related to settling relevant contracts, as well as the first installment.
Article 81. Provision of requirements of judges, related to their professional
activity
1. A judge shall be
provided free of charge with a mantle and lapel badge in the order, established
by the Cabinet of Minister of Ukraine.
2. A judge shall be
provided with a separate office, work space and necessary supplies.
3. With the purpose if
health promotion and prophylaxis, a judge shall be provided with the annual
allowance in the amount of one post salary with supplementary payments pursuant
to this Law. A judge shall preserve this right even after retirement or
resignation.
Article 82. Social insurance of judges
1. The life and health
of judges shall be subject to obligatory personal insurance according to all
risks insurance, covered by the State Budget of Ukraine, for the amount of
ten-year allowance from the last post.
Section VIІ. STATUS OF RETIRED PROFESSIONAL JUDGE
Article 83. Execution
of judicial powers by a retired judge
1. A retired judge
on his/her consent may be attracted by the Council of Judges of Ukraine to
execution of powers of judge for the term not more than a year in case of
temporary vacant post of judge in regard to deputation of a judge, which
occupies this post, to bodies or institutions, mentioned in part four, Article
9 of this Law, or in regard to his/her absence for any other reason.
2. A retired judge,
attracted to execution of powers of judge, shall be bind to meet the
incompatibility requirements, determined by the Constitution of Ukraine and
this Law.
3. A retired judge
shall be attracted to execution of powers of judge on recommendation of the
High Qualifications Commission of Judges of Ukraine on condition, that he/she
meets the requirements to occupy the post of judge in a relevant court and has
not yet reached the age of 65.
4. For execution of
powers of judge, a retired judge shall receive compensation in amount of a post
salary of judge of a respective court.
Article 84. Monetary
payment for retired judges
1. A judge, who
retired from the office, shall be provided with the nontaxable monetary aid in
the amount of his/her monthly average income, accounted for the last 12 calendar
months or last two moths on the choice of judge for each full year of work on
the post of judge, but not less than six-month income.
In case of death of a
judge, who had a right for resignation, but did not use it, the monetary aid
shall be paid to the members of his/her family under support.
Article 85. Pension or
life-time financial allowance of a retired judge
1. A retired judge,
who continues work activity, shall receive pension or life-tie monetary
allowance to be paid disregarding his/her income, received after resignation or
retirement.
2. A retired judge
on his/her choice shall be provided with pension on condition, provided by the
Article 37 of the Law of Ukraine “On the State Service”, or nontaxable monthly
life-time allowance in the amount of 80 percent of compensation paid to a
judge, working of a relevant post. For every complete year of work over 25
years on the post of judge the amount of monthly lifetime financial allowance
shall be increased by two percent, but not more than 90 percent of income of
judge without limitation of boundary size of monthly life-time financial
allowance.
Article 86.
Termination of judge’s retirement
1. Resignation of a
judge shall be terminated as a result of:
1) secondary election
to a post of judge;
2) performing actions,
which discredit him/her as a judge;
3) convicting
judgment, which entered into legal force;
4) termination of
citizenship of Ukraine.
2. In the case,
determined in item 3 of part one of this Article, along with termination of
resignation a judge shall loose the guaranties of judge’s immunity.
3. Termination of
resignation, except for the secondary election to the post of judge, shall be
grounds for deprivation of life-time financial allowance of a judge, which was
affirmed in regard to resignation. Pension under these conditions shall be
allocated on general basis.
4. A decision on
termination of resignation of a judge shall be made by the High Qualifications
Commission of Judges of Ukraine.
Section VІІІ. FINAL AND
TRANSITIONAL PROVISIONS
1. This
law shall come into force on January1, 2007.
2. Before the laws and
other regulations are brought into compliance with this Law, they shall be
applied in the part, which does not contravene this Law.
3. The term of service
of judges, elected or appointed for the post before enactment of this Law,
shall include other work, which pursuant to the law must be included to the
special term of service.
4. The term of service
of judges, elected or appointed for the post before enactment of
this Law, which gives a right for resignation and receiving monthly life-time
financial allowance, except work on the posts, determined in Article 80 of this
Law, shall also include term of service on the posts, directly connected to
management and control over operation of courts in the Ministry of Justice of
Ukraine and regional bodies under its jurisdiction, as well as posts of
investigators and prosecutors under condition that all mentioned persons’ terms
of service on the posts of judges are not less than ten years.
5. If a judge, elected
or appointed for the post before enactment of this Law, pursuant to this Law
receives financial allowance in the amount less, than before, he/she shall
receive compensation in the amount of the difference between the financial
allowance for the last month before this Law comes into force (not accounting
for vacation allowance and bonuses) and the financial allowance, determined by
this Law.
6. The part four of
Article 23 of this Law in the part, in which a candidate for a post of judge
must possess at least Master’s educational-qualification level, shall not apply
to persons, who received higher juridical education prior to this Law came into
legal force with the qualification level of specialist.
7. Regulation of this
Law concerning qualification attestation and disciplinary liability shall come
into legal force from June 1, 2007. From the moment of enactment of this Law,
the qualification ranks shall be assigned pursuant to this Law.
8. Training of the
candidates for positions of judges and raising of qualification level of judges
according to the requirements of this Law shall start not later than September
1, 2008.
9. The requirements of
this Law concerning selection of candidates for posts of professional judges
from among the persons, who passed two-year training in the National School of
Judges of Ukraine, shall enter into legal force from September 1, 2010.
10. The requirements
regarding qualification rank, term of service for occupying a post of judge in
district, appeal, high specialized court and the Supreme Court of Ukraine shall
not apply to the judges, who occupy these posts for the moment of enactment of
this law.
11. The changes shall
be introduced to the following laws of Ukraine:
1) in Articles 8 of the
Law of Ukraine "On Payment for Labor" (State paper (Vidomosti) of the
Verkhovna Rada of Ukraine, 1995, № 17, p. 121; 2000, № 35, p. 288;
2005, № 4, p. 92):
а) in part two the
words "except the case, provided by" shall bee substituted by the
words "except for the cases, provided by the part 3 of this Article
and";
б) add the third part
of the following content:
"The conditions
of payment for labor of judges shall be determined by the law ".
2) introduce the
following changes to the Law of Ukraine "On the Constitutional Court of Ukraine"
(State paper (Vidomosti) of the Verkhovna Rada of Ukraine, 1992, № 33, p.
471; 1996, № 49, p. 272):
а)
embody Article 29 in the following
way:
„Article 29. Material,
social and household support of judges of the Constitutional Court of Ukraine
The judicial
compensation of a judge of the Constitutional Court of Ukraine shall equal the
judicial compensation of a judge of the Supreme Court of Ukraine with monthly
supplementary payments for high qualification rank and term of service over 25
years.
Judges of the
Constitutional Court of Ukraine shall receive nontaxable leave allowances in
the amount of his/her average monthly judicial compensation, based on payments
for the last twelve calendar months or the last two months on the choice of a
judge for each complete year of work on the post of judge, but not less than
his/her annual income. In case of death of a judge of the Constitutional Court
of Ukraine, who had a right for resignation, but did not use it, the allowance
shall be paid to the members of the family of the judge, which were under
his/her support.
In case the powers of
a judge of the Constitutional Court of Ukraine, who does not have a right for
resignation, were terminated pursuant to items 1 and 3 of part 1, Article 23 of
this Law, he/she shall preserve until retirement in regard to age eighty
percent of financial allowance and other types of material support, which are
provided to the judges of the Constitutional Court of Ukraine.
Other types of material
and household support, social protections, medical service of judges of the
Constitutional Court of Ukraine, including retired judges, as well as matters
of housing provision, incentives and guaranties shall be provided according to
the Law of Ukraine “on Status of Judges of Ukraine” and other regulations.
б) complement Article
31 with a new part of the following content:
"3. The work
experience, which gives a right to a judge of the Constitutional Court of
Ukraine for resignation, payment of leave allowance, shall also include the
term of other practical, scientific, educational work in the same occupation
and term of state service without the condition of necessity of ten-year work
experience on the post of judge".
12. The Cabinet of
Ministers of Ukraine within four-month term from the day of publishing of this
Law shall:
Prepare and submit for
consideration of the Verkhovna Rada of Ukraine proposals concerning bringing
regulatory acts into compliance with this law;
Bring its legal acts
into compliance with this law;
Provide in the
boundaries of its jurisdiction for review and cancellation of legal acts, which
contravene this Law;
Support ministries and
other central bodies of executive power bring their legal acts into compliance
with this law;
Assume measures to
bring monthly life-time financial allowance of judges, retired prior to 1992, in compliance with the amount of judges’ salary, pursuant to this Law.
