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Text as approved by the National Commission
on Strengthening Democracy and the Rule of Law, 11 July 2006
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Text as submitted by the President of Ukraine to the Verkhovna Rada of Ukraine, 27 December 2006
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This law
determines legal fundamentals of functioning of judiciary in Ukraine –
organization of judicial power and justice execution, system of courts of
general jurisdiction, system of bodies, responsible for adequate level of
judiciary establishment, system and procedures of judiciary self-government,
and also determines general procedures of court operation and regulates other
matters of judicature.
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This law determines legal fundamentals
of functioning of judiciary in Ukraine – organisation of judicial power and administration of justice,
system of courts of general jurisdiction, system of bodies, responsible for
adequate level of judicial corps, system and procedures of judiciary
self-government, and also determines general procedures of court operation
and regulates other matters of judicature.
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Section I. FUNDAMENTALS OF THE JUDICIAL POWER
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Section I. FUNDAMENTALS OF ORGANISATION of the JUDICIARY
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Article 1.
Judicial power
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Article 1. Judicial power
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1. Judicial
power in Ukraine
shall be exercised by the courts prescribed by the law on the basis of
division of the power, as it is provided by the article 6 of the Constitution
of Ukraine.
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1. Judicial
power in Ukraine in accordance with the principle of division of the power shall be
exercised by independent and impartial courts established pursuant to the law.
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2. Judicial
power shall be exercised through administration of justice in the form of
civil, economic, administrative, criminal and constitutional judicial
procedure. Judicial procedure shall be administered by the Constitutional
Court of Ukraine and the courts of general jurisdiction.
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2.
Judicial power is realised by judges by means of administration of justice
within relevant judicial proceedings.
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3. Judicial
proceedings are performed by the Constitutional Court of Ukraine and courts
of general jurisdiction.
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Article 2.
Objectives
of a court
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Article 2. Objectives of a court
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1. While
administering justice on the basis of the rule of law, a court shall secure
the protection of the rights and freedoms of a human being and citizen, as
guaranteed by the Constitution and laws of Ukraine, the
rights and legitimate interests of legal entities, and interests of the
public and the state.
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While administering justice on the
basis of the rule of law principles, a court shall secure to everyone the right to a fair
trial and respect for other rights and fundamental freedoms, as
guaranteed by the Constitution and laws of Ukraine.
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Article 3.
The court
system of Ukraine
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Article 3. The court system of Ukraine
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1. The
court system of Ukraine
shall consist of the courts of general jurisdiction and the Constitutional
Court of Ukraine.
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1. The
court system of Ukraine shall consist of the courts of general jurisdiction
and the Constitutional Court of Ukraine.
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2. The
courts of general jurisdiction shall form the single system of courts. The
Constitutional Court of Ukraine shall be the single body of constitutional
jurisdiction in Ukraine.
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2. The
courts of general jurisdiction shall form the single system of courts. The
Constitutional Court of Ukraine is the single body of constitutional
jurisdiction in Ukraine.
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3. The
court system shall provide accessibility of justice for every person in the
order, prescribed in the Constitution of Ukraine and laws.
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3. The
court system shall provide accessibility of justice for every person in the order, prescribed in the Constitution and laws of Ukraine.
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4. Creation
of extraordinary and special courts shall not be permitted.
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4. Creation
of extraordinary and special courts shall not be permitted.
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5. The
procedure of organization and operation of the Constitutional Court of
Ukraine shall be determined by the Constitution of Ukraine and the Law of Ukraine “On the
Constitutional Court of Ukraine”.
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5. The
procedure of organisation and operation of the Constitutional Court of
Ukraine shall be determined by the Constitution of Ukraine and the Law of Ukraine “On the Constitutional Court of Ukraine”.
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Article 4. Legislation
on the judiciary of Ukraine
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Article 4. Legislation on the
judiciary of Ukraine
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The
judiciary of Ukraine
shall be determined by the Constitution of Ukraine and this Law.
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The judicial system of Ukraine shall be determined by the Constitution of Ukraine
and this Law.
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Article 5.
Justice
administered exclusively by courts
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Article 5. Justice administered
exclusively by courts
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1. Justice
in Ukraine
is administered exclusively by courts. The delegation of court functions, and
also appropriation of these functions by other bodies or officials shall not
be permitted.
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1. Justice
in Ukraine is administered exclusively by courts. The
delegation of court functions, and also appropriation of these functions by
other bodies or officials shall not be permitted.
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2. Persons
that have illegally assumed the court functions shall be liable under the law.
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2. Persons
that have illegally assumed court functions shall be liable under the law.
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3. The
people shall directly participate in administration of justice through
people's assessors and jurors. The participation of people's assessors and
jurors in administration of justice is their public duty.
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3. The
people shall directly participate in administration of justice through
people's assessors and jurors. The participation of people's assessors and
jurors in administration of justice is their public duty.
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Article 6.
Autonomy
of courts
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Article 6. Autonomy of courts
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1. Courts
have the autonomous authority to administer justice independently. When
administering justice, courts shall neither depend on any influence nor shall
they be accountable to whatsoever authority; and they shall abide only by the
Constitution of Ukraine and the law.
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1. Courts shall administer justice
autonomously. When administering justice, courts shall not depend on any
illegitimate influence, pressure, or intrusion emerging from whatever source.
Courts shall administer justice on the basis of the Constitution and laws of Ukraine while being
governed by the principle of the rule of law.
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2. Guarantees
of the judicial independence and of the independence of judges are fixed by
the Constitution of Ukraine, this Law and others laws.
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2. Guarantees
of the judicial autonomy and of the independence of judges are fixed by the
Constitution of Ukraine, this Law and others laws.
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3. Courts
shall not hear the addresses in connection with concrete cases considering by
the court submitted by the citizens, organizations or officials that are not
the parties to the court proceedings pursuant to the law unless specified
otherwise by procedural law.
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3. Courts
shall not consider addresses in connection with concrete cases under court’s
consideration by citizens, organisations or officials that are not parties to
the court proceedings pursuant to the law unless specified otherwise by law.
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4. Interference
into administration of justice, influence upon a court or judges in any
manner, contempt of court or against judges, collection, keeping, use and
dissemination of the information in verbal, written or another form with the
aim of damaging their authority and affecting the impartiality of justice
shall be prohibited and legally liable pursuant to the law.
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4. Interference
into administration of justice, influence upon a court or judge in any
manner, contempt of court or judge, collection, storage, use and
dissemination of information in verbal, written or another form with the aim
of damaging their authority or affecting the impartiality of justice shall be
prohibited and legally liable pursuant to the law.
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5. The
judicial self-government shall be applied to solve the problems pertaining to
the internal activity of courts pursuant to this Law.
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5. The
judicial self-government shall operate to resolve issues pertaining to the
internal activity of courts pursuant to this Law.
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Article 7.
The right
to judicial protection
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Article 7. The right to a judicial
remedy
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1. All
persons shall enjoy a guaranteed protection of their rights, freedoms and
interests by an independent and unbiased court created pursuant to the law.
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1. All
persons shall enjoy a guaranteed protection of their rights, freedoms and
interests by an independent and impartial court established pursuant to the
law.
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2. The
courts of first instance, the courts of appeal and the courts of cassation
shall operate in Ukraine
for the purpose of impartial, unbiased, and timely consideration of cases and
the lawfulness of court decisions.
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2. The
courts of first instance, the courts of appeal and the courts of cassation
shall operate in Ukraine in order to ensure fair, impartial and timely
consideration of cases and the lawfulness of court decisions in Ukraine.
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This law
determines legal fundamentals of functioning of judiciary in Ukraine –
organization of judicial power and justice execution, system of courts of
general jurisdiction, system of bodies, responsible for adequate level of
judiciary establishment, system and procedures of judiciary self-government,
and also determines general procedures of court operation and regulates other
matters of judicature.
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3. Nobody shall be denied the right to
have his/her case heard in a court having the jurisdiction over that case
prescribed by procedural law.
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3. Everyone has the right to take
part in consideration of his case in a court of any instance in line with the
procedure established by the provisions of procedural law.
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4. Everyone
has the right to take part in consideration of his/their case in a court of
any instance in line with the procedure established by the provisions of
procedural law.
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4. Foreigners, stateless persons, and
foreign legal entities shall enjoy in Ukraine the right to a judicial remedy equally with
citizens and legal entities of Ukraine.
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5. Foreign
residents, persons without nationality, and foreign legal entities enjoy the
right in Ukraine
to legal protection equally with the citizens and legal entities of Ukraine.
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Article 8. Right to a
legitimate court
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1.
No one shall be deprived of the right to have his case considered by the
court which jurisdiction the case is referred to by procedural law.
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2.
A judge considers cases received according to the procedure of case
distribution established in accordance with the law. The case distribution
amongst judges shall not be influenced by wish of the judge or any other
persons interested in the results of the case consideration.
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3.
The composition of the court which has received the case in violation of the
established order of case distribution can be declared illegitimate by the
court of higher instance in accordance with the procedural law.
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Article 8. Equality before the law and the court
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Article 9. Equality
before the law and the court
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1. Justice
in Ukraine
is administered on the principles of equality of all participants in legal
proceedings before the law and the court without distinction of their sex,
race, and color, political, religious and other convictions and beliefs,
national or social origin, property status, domicile and other circumstances.
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Justice in Ukraine is administered on the principles of equality of
all participants in legal proceedings before the law and the court without
distinction of their race, colour of skin, political, religious and other
beliefs, sex, ethnical or social origin, property status, and domicile, linguistic and
other characteristics.
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Article 9.
Legal
assistance during the court hearings
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Article 10. Legal assistance in realisation of the right to
a fair trial
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1. Each
person has the right to legal assistance during the court hearings.
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1. Everyone
has the right to legal assistance.
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2. The
Bar shall be available for rendering the legal assistance during the court
hearings in Ukraine.
In cases, fixed by the law, such assistance may be also provided by other
persons. The procedure and conditions of rendering the legal assistance are
determined by the law. In cases provided for by the law the legal assistance
may be given free of charge.
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2. To
render legal assistance in Ukraine the advocacy [the Bar] shall operate. In cases,
envisaged by the law, such assistance may also be provided by other persons.
The procedure and conditions of rendering legal assistance are determined by
the law. In cases provided for by the law legal assistance shall be given
free of charge.
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Article
10. Openness and transparency
of the court proceedings
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Article 11. Openness and transparency of court
proceedings
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1. Nobody
shall be limited in the right to receive in a court the written or verbal
information about the results of consideration of his/their case by court.
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1. Nobody
shall be limited in the right to receive in a court the written or verbal
information about the results of consideration of his case by court.
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2. The
proceedings in all courts shall be open to the public except the cases
defined by procedural law. Participants in court proceedings and other persons,
attending the open judicial hearings, may use portative audio technical
means. Photographing, filming, video and sound recording in a courtroom with
the use of standard equipment, also broadcasting of a court session may be
allowed by permission of a court in the manner prescribed by procedural law.
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2. The
proceedings in all courts shall be open to the public except for the cases
defined by the procedural law. Participants in court proceedings and other
persons, attending open judicial hearings, may use portative audio technical
means. Photographing, filming, video and sound recording in a courtroom with
the use of standard equipment, also broadcasting of a court sitting may be
allowed by court.
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3.
Closed judicial session hearings may be allowed by court's decision in cases
set forth by procedural law.
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3. Closed judicial hearings shall
be allowed by court's decision in cases set forth by the procedural law.
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4. When
hearing a case, the court proceedings are registered by technical facilities
in the manner prescribed by procedural law.
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4. When
hearing a case, the court proceedings are registered by technical facilities
in the manner prescribed by the procedural law.
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Article
11. Language of Judicial procedure
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Article 12. Language of judicial procedure
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1. Judicial
procedure in Ukraine
shall be carried out in the official national language.
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1. Judicial
procedure in Ukraine shall be carried out in the official national
language.
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2. Other
languages may also be applied in cases provided for by the law and pursuant
to the procedure stipulated thereby.
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2. Other
languages may also be applied in cases provided for by the law and pursuant
to the procedure stipulated thereby.
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3. Persons
that have no or incomplete command of the official language are entitled to
use their native languages and take advantage of translator/interpreter
services in the course of a trial. In cases provided for by procedural law
this right shall be secured by state.
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3. Persons
that have no or incomplete command of the official language are entitled to
use their native languages and take advantage of translator/interpreter
services in the course of a trial. In cases provided for by procedural law
this right shall be secured by state.
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Article
12. The
binding force of court decisions
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Article 13. The binding force of court
decisions
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1. The
final court decisions shall be approved in the name of Ukraine.
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1. Final
court decisions shall be approved in the name of Ukraine.
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2. Court
decisions that have become legally valid are binding for all state bodies,
local self-government authorities, their officials, public associations and
other organizations, citizens and legal entities in the whole territory of Ukraine. The
binding force of court decisions for other courts (precedent effect) is specified
by procedural law.
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2. Court
decisions that have become legally valid are binding for all state bodies,
local self-government authorities, their officials, civic organisations and
other organisations, citizens and legal entities in the whole territory of Ukraine. The binding force of court decisions for other
courts (prejudicial effect) shall be determined by the procedural law.
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3. Court
decisions of other countries are binding in the territory of Ukraine under
the terms established by the law of Ukraine pursuant
to the international treaties of Ukraine whose
binding force has been approved by the Verkhovna Rada of Ukraine.
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3. Court
decisions of other states are binding for enforcement in the territory of Ukraine under the terms established by the law of Ukraine pursuant to international treaties whose binding
force has been approved by the Verkhovna Rada of Ukraine.
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4. Failure
to comply with the court rulings shall entail legal liability under the law.
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4. Failure
to comply with court decisions shall entail legal liability under the law.
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Article
13. The right
to appeal against court decisions
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Article 14. The right to appeal against
a court decision
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Participants
in court proceedings and other persons have the right to appeal against and
take review of a court decisions in cases and according to the procedure set
forth by procedural law.
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Participants in court proceedings
and other persons have the right to lodge an appeal or cassation request
against a court decision in cases and according to the procedure set forth by
the procedural law.
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Article
14. Collective
and single justice consideration of cases
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Article 15. Collective and single
justice consideration of cases
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1. In
the courts of first instance the cases may be considered individually by one
professional judge, by the panel of professional judges in cases fixed by
procedural law, and also with participation of people's assessors or by jury.
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1. Cases in courts are shall be considered by single
professional judge, in cases determined by the procedural law – by a panel of
professional judges, and also with participation of people's assessors or by
jury.
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2. In
case of single justice examination a judge acts as a court.
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2. In case
of single justice examination a judge acts as a court.
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Section II. COURTS OF
GENERAL JURISDICTION
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Section II. COURTS OF GENERAL JURISDICTION
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Chapter 1. INSTITUTIONAL FRAMEWORK OF THE SYSTEM OF COURTS OF GENERAL JURISDICTION
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Chapter 1. organisational FRAMEWORK OF THE SYSTEM OF COURTS OF GENERAL JURISDICTION
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Article
15. Types of
the courts of general jurisdiction
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Article 16. Types of courts of general
jurisdiction
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1. The
system of general jurisdiction courts is based on the principles of
territorial division, specialization and hierarchy.
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1. The
system of general jurisdiction courts is based on the principles of
territorial division, specialisation and instances.
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2. The
system of courts of general jurisdiction includes the following:
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2. The
system of courts of general jurisdiction shall include the following:
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1) local courts;
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1) local courts;
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2) courts of appeal;
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2) courts of appeal;
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3) high specialised courts;
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3) high
specialized courts;
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4) the Supreme
Court of Ukraine.
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4) the Supreme Court of Ukraine.
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Article 17. Specialisation of courts of
general jurisdiction
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Article
16. Specialization
of the courts of general jurisdiction
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1. Courts of general jurisdiction
shall specialise in civil, economic, administrative and criminal cases.
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1. Courts
of general jurisdiction specialize in civil, economic, administrative and
criminal cases.
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2. Specialisation
of judges in specific categories of cases may be introduced in courts of
general jurisdictions.
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Article
17. Procedure of establishment of courts and selection of judges for administrative positions.
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Article 18. Procedure of establishment
of courts
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1. Courts
of general jurisdiction shall be established and dissolved by the President
of Ukraine on the basis of recommendations of the Minister of Justice of
Ukraine and agreed
with the Head of State Judicial Administration of Ukraine and Council of Judges of Ukraine. The Chief Justice of the Supreme
Court of Ukraine or the Chair of a relevant high specialized court may address the Head of the State Judicial Administration of
Ukraine with a proposal regarding establishment or dismissal of courts.
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1. Courts
of general jurisdiction shall be established and dissolved by the President
of Ukraine upon submission of the Minister of Justice of Ukraine. The submission of the Minister
of Justice of Ukraine shall be appended with conclusions of the President of
the Supreme Court of Ukraine, president of the relevant high
specialised court, the Head of the State Judicial Administration of Ukraine if they have been provided
upon request of the Minister of Justice of Ukraine.
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2. Court
location and status shall be determined accounting for territorial,
specialization, and hierarchic principles.
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2. Court
location and status shall be determined accounting for territorial,
specialisation, and instance principles.
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3. Courts
shall be established or dissolved on such grounds as changes in the court
system as prescribed by this Law and may be the changes in administrative
system and territorial division.
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3. Courts
shall be established or dissolved on such grounds as changes in the court
system as determined by this Law and the need to enhance accessibility of justice to people
or changes in administrative and territorial division.
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4.
The number of judges at courts shall be determined by the President of
Ukraine on the basis
of recommendations of the Head of State Judicial Administration of Ukraine,
agreed with the Council of Judges of Ukraine, in view of the
suggested workload and within the limits of allocations for maintenance of
courts, as approved in State Budget of Ukraine
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4. The number of judges at courts
shall be determined and
can be changed by the President of Ukraine upon submission of the Council
of Judges of Ukraine, in view of the suggested workload and within the
limits of financial allocations for maintenance of courts, as approved in
State Budget of Ukraine
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Chair
of a local court, Chair of appellate court and his/her Deputy, Chair of high
specialized court and his/her Deputy shall be appointed to these posts for a
term of five years from a number of the nominated judges and are
released from their posts by the Council of Judges of Ukraine.
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5. Under
the Council of Judges of Ukraine a reserve of candidates if formed to replace
Chairs of local and appellate courts, high specialized courts, Deputy Chairs
of the courts of appeal and high courts. Procedure for the reserve and
conduction of special examinations of candidates are approved by the Congress
of Judges of Ukraine.
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6. A judge
can be appointed to a position of Chair or Deputy Chair of the court if
he/she was on this reserve for at least six months.
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7. The
Chief Justice of the Supreme Court of Ukraine, Deputy of the
Chief Justice of the Supreme Court of Ukraine, Chairs of Judicial Chambers of
the Supreme Court of Ukraine are elected to their posts for a term of 5 years
from a number of judges of this court accordingly and judges of according
chamber, and are dismissed from these posts by the Plenary Meeting of the
Supreme Court of Ukraine.
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8. A judge
can not occupy a post of the Chair of the court more than 2 terms in a row.
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9. The
fact that a judge occupies any of the posts mentioned in items 5 and 7 of
this article, does not liberate him/her from the responsibilities of a judge
of a respective court, prescribed by the Law.
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10.
Dismissal of a judge from the post mentioned in parts fifth, seventh of this
article does not deprive him/her of credentials of a judge. Termination of
judge’s powers means termination of his/her powers on the post mentioned in
items 5 and 7 of this article.
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Article 19. Procedure of
appointment of judges to administrative posts
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1. President
of a local court, president of an appellate court and his/her deputy,
president of the high specialised court and his/her deputy shall be appointed
to these posts for a term of five years from among the judges of that court and are dismissed from their posts by the Council of
Judges of Ukraine.
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2. Under the Council
of Judges of Ukraine a reserve list of candidates is formed to take posts of
presidents of local and appellate courts, high specialised courts, deputy
presidents of appellate courts and the high courts.
Candidates
are included in the reserve upon recommendation of gatherings of judges of
the relevant court or upon judge’s personal application. If such
recommendation or application are absent the
candidate to the reserve list is proposed by the president of the court of
higher level upon consent of the judge.
Candidates
included in the reserve list shall receive training for the work in the
administrative post in court in the National School of Judges of Ukraine.
Procedures for keeping the reserve list and
conduction of special examinations of candidates are approved by the Congress
of Judges of Ukraine.
A judge can be appointed to the post of president or
deputy president of the court if he/she was on the reserve list for at least
six months and
received relevant training in the National School of Judges of Ukraine.
When deciding
on the appointment of a judge to the administrative post the Council of
Judges of Ukraine shall evaluate his/her achievements in work, level of
professional knowledge, integrity, results of work, organisational skills,
results of training in the National School of Judges of Ukraine.
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3. The President of the Supreme Court of Ukraine, Deputy President of
the Supreme Court of Ukraine, chairs
of Judicial Chambers in the Supreme Court of Ukraine shall be elected to their posts for a term of 5
years from among the judges of this court accordingly and judges of relevant
chamber, and shall be dismissed from these posts by the Plenary Meeting of
the Supreme Court of Ukraine.
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4. A judge can not occupy a post of
the president of the court more than 2 two terms in a row.
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5. The fact that a judge occupies
administrative post in the court shall not liberate him/her from the
responsibilities of a judge of the respective court, prescribed by the Law.
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6. Dismissal of a judge from
administrative post shall not discontinue his/her credentials of a judge. Dismissal from the office or
end of the judge’s term of office he/she was appointed (elected) to shall
entail the termination of his/her powers on the administrative post.
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Chapter 2. LOCAL COURTS
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Chapter 2. LOCAL COURTS
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Article 18. Types and composition of local courts
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Article 20. Types and composition of
local courts
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1. In the system of courts of general jurisdiction there
are local courts which operate as courts of first instance in civil,
economic, administrative and criminal cases.
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1. In the system of courts of general
jurisdiction there are local courts which operate as courts of first instance
in civil, economic, administrative and criminal cases.
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2. Local courts are:
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2. Local courts are:
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1) district courts - district, district in a city, city
and city-district courts;
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1) divisional courts - district,
district in a city, city and city-district courts;
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2) circuit courts – circuit
economic courts, circuit administrative courts and circuit criminal courts, are
formed in the circuits as decreed by the President of Ukraine.
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2) circuit
courts – circuit economic courts, circuit administrative courts and circuit
criminal courts, are formed in the circuits
according to decree by the President of Ukraine.
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3. Territorial jurisdiction of local courts shall be
determined by the President of Ukraine once they shall be formed.
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3. Territorial jurisdiction of local
courts shall be determined by the President of Ukraine at the time of their
formation.
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4. A name of a local court shall include the name of the
settlement, where the court is situated.
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4. The name of a local court shall
include the name of the settlement, where the court is situated.
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5. A local court shall consist of
no less than 3 judges of a local court, from the number of which the Chair of
the court shall be appointed.
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5. A local
court shall consist of no less than 3 judges of a local court, from among of
whom the president of the court shall be appointed.
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Article 19. Jurisdiction of local court
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Article 21. Jurisdiction of local court
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1. Local court shall be the first
instance court and it hears the cases that fall within its jurisdiction as
prescribed by procedural law.
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1. Local
court shall be the first instance court and it shall hear cases that fall
within its jurisdiction as prescribed by the procedural law.
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2. Local district courts shall hear
all civil cases and also administrative, criminal and other cases
within their jurisdiction.
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2. Local
divisional courts shall hear all civil cases and also administrative,
criminal and other cases
referred to their jurisdiction.
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3. Circuit economic courts shall
hear the cases involving private legal relations in economic sphere that fall
within their jurisdiction.
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3. Circuit
economic courts shall hear cases involving private law relations in economic
sphere that are referred to their jurisdiction.
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4. Circuit administrative courts
shall hear administrative cases involving public legal relations within their
jurisdiction.
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4. Circuit
administrative courts shall hear administrative cases involving public law
relations that are referred to their jurisdiction.
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5. Circuit criminal courts
shall hear criminal cases that fall within their jurisdiction. In circuit
criminal courts for consideration of separate categories of cases there shall
be created a jury trial.
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5. Circuit criminal courts shall hear criminal cases that are referred to their jurisdiction. In circuit criminal courts for consideration of separate categories
of cases a jury trial shall be created.
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Article 20. Judge of a local court
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Article 22. Judge of a local court
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1. A judge of a local court shall:
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1. Judge of a local court shall:
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1) administer justice in accordance
with the procedure defined by procedural law;
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1) administer
justice in accordance with the procedure defined by the procedural law;
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2) take the procedural measures
essential for hearing a case;
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2) take
procedural measures to ensure the consideration of a case;
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3) monitor according to the law the
timely
implementation of the rulings made under his/her chairmanship;
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3) control,
according to the law, the enforcement of decisions delivered under his/her
presidency;
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4) exercise other powers vested in
him/her by the law.
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4) exercise other powers vested in him/her by the law.
|
|
Article 21. Chair of a local court
|
Article 23. President of a local court
|
|
1. The Chair of a local court shall:
|
1. President
of a local court shall:
|
|
1) represents a court as a body of the state power in
relations with other bodies of the state power, local self-government
authorities, citizens, institutions, and organizations;
|
1) represent the court as a body of
the state power in relations with other bodies of the state power, local
self-government authorities, citizens, institutions, and organisations;
|
|
2) exercise control over the
operation of the court staff;
|
2) exercise
control over the efficient
operation of the court’s secretariat;
|
|
3) issue a relevant order on the basis of reports on
appointment (election) of a judge or dismissal of judge from the post;
|
3) issue relevant order on the basis of the act on appointment
(election) of a judge or dismissal of judge from the post;
|
|
4) inform the High Qualifications Commission of Ukraine
about availability of vacant or temporary vacant posts in the court within 10
days term;
|
4) inform, within 10 days, the High
Qualifications Commission of Ukraine about availability of vacant or
temporary vacant posts in the court;
|
|
5) determine specialization of judges for consideration
of specific categories of cases;
|
5) determine specialisation of judges
for consideration of specific categories of cases;
|
|
6) provide for execution of a decision of the local
court judges’ meeting;
|
6) ensure execution of decisions of
the local court judges’ meeting;
|
|
7) take actions regarding information-analytical support
of judges in order to improve the quality of justice;
|
7) control the keeping of the court’s statistics and
organise the study of court’s practice, take actions regarding
informational and analytical support of judges in order to improve the
quality of justice;
|
|
8) provide for improvement of
skills of the judges of relevant court;
|
8) ensure the execution of
requirements concerning the improvement of
qualifications of judges of the relevant court;
|
|
9) provide for keeping the court
statistics;
|
|
|
10) exercise
other powers specified by the law.
|
9) exercise other
powers specified by the law.
|
|
The Chair of a local court issues the orders and
instructions within the limits of power delegated to him.
|
The president of a local court
shall issue orders and instructions on the issues within his/her
administrative powers.
|
|
2. Should Chair of court be absent
his/her administrative powers shall be exercised by a judge of this court,
which has the longest experience working as a judge.
|
2. In case
of absence of the president of a court his/her administrative powers shall be
exercised by the judge of this court, who has the longest experience working
as a judge.
|
|
Chapter 3. THE
COURTS OF APPEAL
|
Chapter 3. COURTS OF APPEAL
|
|
Article 22. Types and composition of the courts of appeal
|
Article 24. Types and composition of
the courts of appeal
|
|
1. In the system of courts of
general jurisdiction in Ukraine
appellate courts operate as courts of appeal in civil, economic,
administrative and criminal cases.
|
1. In
the system of courts of general jurisdiction in Ukraine appellate courts operate as courts of appeal in
civil, economic, administrative, and criminal cases.
|
|
2. The courts of appeal are:
appellate courts for consideration of civil and criminal cases, economic
courts of appeal, and administrative courts of appeal, which are formed in
the appellate circuits as decreed by the President of Ukraine.
|
2. The
appellate courts shall be: courts of appeal for
consideration of civil and criminal cases, economic courts of appeal, and
administrative courts of appeal, which are formed in the appellate circuits according to decree by the
President of Ukraine.
|
|
3. The court of appeal shall include judges, elected to
the post without time limitation, from the number of which the Chairman shall
be appointed. In the courts of appeal that consider civil and criminal cases
there shall be two Deputy Chairmen of the court appointed. In economic and
administrative courts of appeal there shall be a Deputy Chairman appointed
from the judges of these courts.
|
3. The court of appeal shall consist of judges elected to
the post for permanent terms, from among of whom the president shall be
appointed. In the courts of appeal that consider civil and criminal cases
there shall be two deputy presidents of the court appointed. In economic and
administrative courts of appeal there shall be a deputy president appointed
from judges of these courts.
|
|
4. The judicial chamber for
consideration of civil cases and the judicial chamber for consideration of
criminal cases shall be created in the structure of the court of appeal that
considers civil and criminal cases. The Chairs of these
chambers shall be Deputy Chairmen of the court of appeal.
|
4. The
judicial chamber for consideration of civil cases and the judicial chamber
for consideration of criminal cases shall be set up within the court of
appeal that considers civil and criminal cases. The chairs of these chambers
shall be deputy presidents of the court of appeal.
|
|
5. Under the court of appeal there may be specialized
boards of judges created for consideration of specific categories of cases
within the respective court jurisdiction.
|
5. Within the court of appeal
specialised panels of judges can be created for consideration of specific
categories of cases within the respective court’s jurisdiction.
|
|
6. The name of the court of appeal shall include the name
of the location, where it is located.
|
6. The name of the court of appeal
shall include the name of the settlement, where it is located.
|
|
Article 23. Powers of the courts of appeal
|
Article 25. Powers of the courts of
appeal
|
|
1. Courts of appeal shall:
|
1. Courts of appeal shall:
|
|
1) consider the cases of appeal of
respective court jurisdiction;
|
1) consider
the cases of appeal of respective court jurisdiction;
|
|
2) analyze the court statistics;
|
2) analyse
the judicial statistics;
|
|
3) study and generalize the
judicial practice;
|
3) study
and generalise the judicial practice;
|
|
4) perform
other functions pursuant to the law.
|
4) perform other
functions pursuant to the law.
|
|
Article 24. Judge of a court of appeal
|
Article 26. Judge of the court of
appeal
|
|
1. Judge of a court of appeal shall:
|
1. Judge of
the court of appeal shall:
|
|
1) administer justice in accordance
with the procedure established by procedural law;
|
1) administer
justice in accordance with the procedure established by the procedural law;
|
|
2) conduct the court proceedings
essential for ensuring of the hearing of the case;
|
2) take
procedural measures to ensure the consideration of a case;
|
|
3) monitor, pursuant to the law,
the timely implementation of the court decisions approved with his/her participation;
|
3) control,
according to the law, the enforcement of decisions delivered under his/her
presidency;
|
|
4) exercise
other powers vested in him/her under the law.
|
4) exercise other
powers defined by the law.
|
|
Article 25. Chair of a court of appeal
|
Article 27. President of the court of
appeal
|
|
1. The Chairman of a court of
appeal shall:
|
1. President
of the court of appeal shall:
|
|
1) represent a court as a state
body in its relations with other state bodies, local self-government
authorities, citizens, institutions and organizations;
|
1) represent
the court as a body of the state power in its relations with other bodies of
the state power, local self-government authorities, citizens, institutions,
and organisations;
|
|
2) assign
the administrative powers of the Deputy Chairman of a court;
|
2) determine the administrative powers of the deputy
president of the court;
|
|
3) control operation of the court
staff;
|
3) exercise
control over the efficient
operation of the court’s secretariat;
|
|
4) issue a relevant order on the
basis of reports on appointment (election) of a judge or dismissal of judge
from the post;
|
4) issue relevant order on the basis of the act on appointment
(election) of a judge or dismissal of a judge from the post;
|
|
5) inform the High Qualifications Commission of Ukraine
about availability of vacant or temporary vacant posts in the court in a ten
days term;
|
5) inform, within 10 days, the High
Qualifications Commission of Ukraine about availability of vacant or
temporary vacant posts in the court;
|
|
6) shall submit for approval of the meeting of judges of
a respective court the personal composition of
judicial chambers (in the court of appeal considering civil and criminal
cases);
|
6) submit for approval of the meeting
of judges of the respective court the personal composition of judicial chambers (in the court
of appeal considering civil and criminal cases);
|
|
7) provide for execution of a decision of the appeal
court judges’ meeting;
|
7) ensure execution of decisions of
the court of appeal judges’ meeting;
|
|
8) provide for keeping and analysis
of the court statistics, the study and generalization of judicial practice;
|
8) control the keeping and analysis of
the court’s statistics, organise the study and generalisation of the judicial
practice, take action
regarding informational and analytical support of judges in order to improve
the quality of justice;
|
|
9) take actions
regarding information-analytical support of judges in order to improve the
quality of judicature;
|
|
|
10) take due measures for improving
the skills of judges of a relevant court;
|
9) ensure the execution of
requirements concerning the improvement of
qualifications of judges of the relevant court;
|
|
11) exercise
other duties as stipulated by law.
|
10) exercise other
powers defined by the law.
|
|
Chair of the court of appeals shall issue orders
and instructions on the matters within the limits of his/her administrative
powers.
|
President of the court of appeal
shall issue orders and instructions on the issues within his/her
administrative powers.
|
|
2. Should Chair of the appellate
court be absent his/her administrative powers shall be exercised by the
Deputy Chair, and in case of absence of the Deputy Chair the administrative
powers shell be executed by judge of this court, which has the longest
experience working as a judge.
|
2. In case
of absence of the president of the court of appeal his/her administrative
powers shall be exercised by the deputy president,
and in case of absence of the deputy president - by judge of this court, who
has the longest experience working as a judge.
|
|
Article 26. Deputy Chair of a court of appeal
|
Article 28. Deputy president of the
court of appeal
|
|
1. The Deputy Chair of a court of
appeal shall exercise administrative powers, determined by the Chair of the
court.
|
1. The
deputy president of the court of appeal shall exercise administrative powers,
determined by the president of the court.
|
|
2. The Deputy Chair of a court of
appeal who is at the same time the Chair of a judicial chamber, beside
responsibilities defined by the Chair of the court shall:
|
2. The
deputy president of the court of appeal who is the chair of a judicial
chamber, beside responsibilities determined by the president of the court,
shall:
|
|
1) provide for the analysis and
generalization of the judicial practice for the cases falling within the
chamber's jurisdiction;
|
1) organise
the analysis and generalisation of the judicial practice for cases falling
within the chamber's jurisdiction;
|
|
2) inform the court presidium about
the operation of a judicial chamber;
|
2) inform
the meeting of judges about the functioning of the judicial chamber;
|
|
3) exercise
other duties as stipulated by law.
|
3) exercise other
powers defined by the law.
|
|
3. In case of absence of the Deputy
Chair of the court of appeal the functions of the Chair of a judicial chamber
shall be performed by the chamber's judge of senior age.
|
3. In case
of absence of the deputy president of the court of appeal – chair of the
judicial chamber, the powers of the chair of the judicial chamber shall be
performed by the chamber's judge of senior age.
|
|
Chapter 4. HIGH
SPECIALIZED COURTS
|
Chapter 4. HIGH SPECIALISED COURTS
|
|
Article 27. Types and composition of high courts
|
Article 29. Types and composition of
high specialised courts
|
|
1. In the system of courts of general jurisdiction high
specialized courts operate as courts of cassation instance in civil,
economic, administrative, and criminal cases. In separate cases prescribed by
the procedural law, high courts may act as courts of first instance and courts
of appeal.
|
1. In the system of courts of general
jurisdiction high specialised courts shall operate as courts of cassation
instance in civil, economic, administrative, and criminal cases. In
exceptional cases, defined by the procedural law, high courts may act as
courts of first instance and courts of appeal.
|
|
2. The high judicial bodies of
specialized courts are represented by the High Civil Court of Ukraine, the
High Economic Court of Ukraine, the High Administrative Court of Ukraine, and
the High Criminal Court of Ukraine.
|
2. The high
specialised courts shall be: the High Civil Court of Ukraine, the High
Economic Court of Ukraine, the High Administrative Court of Ukraine, and the
High Criminal Court of Ukraine.
|
|
3. The high specialized court shall
consist of the judges elected to the posts for an unlimited term, the Chair
of a court and the Deputy Chair of a court appointed from the number of
judges.
|
3. The high
specialised court shall consist of judges elected to the posts for permanent
terms, from among of whom the president of the court and the deputy president
of the court shall be appointed.
|
|
4. The specialized Judicial
Chambers may be created in the high specialized court to consider specific
categories of cases falling within relevant court jurisdiction.
|
4. Within the high specialised court
specialised panels of judges can be created for consideration of specific
categories of cases within the respective court’s jurisdiction.
|
|
5. The plenary meeting of a high
specialized court shall be held to settle the general issues of operation of
relevant specialized courts.
|
5. The
plenary assembly of a high specialised court shall operate to settle the
general issues of functioning of the relevant specialised court.
|
|
6. The high
specialized courts shall be located in the city of Kyiv.
|
6. The high specialised courts shall be located in the
city of Kyiv.
|
|
Article 28. Powers of a high specialized court
|
Article 30. Powers of the high
specialised court
|
|
1. The high specialized courts
shall:
|
1. The high
specialised court shall:
|
|
1) hear the cases of a relevant
jurisdiction in keeping with the cassation procedure;
|
1) consider
cases of the relevant jurisdiction in cassation;
|
|
2) hear the cases of a relevant
jurisdiction in exceptional cases, identified by the procedural law;
|
2) consider
cases of the relevant jurisdiction in exceptional cases, specified by the
procedural law;
|
|
3) analyze the court statistics,
study and generalize the judicial practice;
|
3) analyse
the judicial statistics, study and generalise the judicial practice;
|
|
3) provide the specialized courts
of lower level with clarifications concerning application of the law in
consideration of cases within relevant court jurisdiction with
the aim of identical application of the constitutional and legal norms in judicial
practice;
|
4) provide
relevant courts of lower level with recommendatory explanations concerning
application of the law in consideration of cases within the
relevant court jurisdiction in order to ensure uniform
application of legal norms in the judicial practice;
|
|
4) exercise
other powers as specified by the law.
|
5) exercise other
powers as specified by the law.
|
|
Article 29. Judge of a high specialized court
|
Article 31. Judge of the high
specialised court
|
|
1. A judge of a high specialized
court shall:
|
1. Judge
of the high specialised court shall:
|
|
1) administer justice in keeping
with the judicial procedure established by procedural law;
|
1) administer
justice in accordance with the procedure established by the procedural law;
|
|
2) conduct the judicial proceedings
and take measures essential for consideration of cases;
|
2) take
procedural measures to ensure the consideration of a case;
|
|
3) monitor, pursuant to the law,
the timely implementation of the courts rulings approved with his/her
participation;
|
3) control,
according to the law, the enforcement of decisions delivered under his/her
presidency;
|
|
4) perform
other duties specified by the law.
|
4) exercise other
powers defined by the law.
|
|
Article 30. Chair of a high specialized court
|
Article 32. President of the high specialised court
|
|
1. The Chair of a high specialized
court shall:
|
1. President
of the high specialised court shall:
|
|
1) represent a high specialized
court as state body in the relations with other state bodies, local
self-government authorities, citizens, institutions, and organizations, also
with the state bodies of other countries, and international organizations;
|
1) represent
the high specialised court as a body of the state power in relations with
other bodies of the state power, local self-government authorities, citizens,
institutions, and organisations, as well as with the judicial bodies of other
states and international organisations;
|
|
2) allocate the functions of the
Deputy Chair of a court;
|
2) determines
administrative powers of the deputy president of the court;
|
|
3) control the operation of court staff, assign ranks
of civil servants to the head of staff and his/her deputies according to
the procedure prescribed by the law, provide
them with incentives and mete out disciplinary punishments according
to the respective legislation;
|
3) exercise
control over the efficient
operation of the court’s secretariat, assign ranks of civil servants to the head of the court’s secretariat and his/her deputies according to the procedure prescribed by the
law, grant them with benefits and
impose disciplinary punishments according to the
respective legislation;
|
|
4) issue a relevant order on the
basis of the reports on election (appointment) of a judge or dismissal of the
judge from his/her post;
|
4) issue relevant order on the
basis of the act on appointment (election) of a judge or dismissal of a judge
from the post;
|
|
5) inform the High Qualifications Commission of Ukraine
about availability of vacant or temporary vacant posts in the court within 10
days term;
|
5) inform, within 10 days, the High
Qualifications Commission of Ukraine about availability of vacant or
temporary vacant posts in the court;
|
|
6) introduce, accordingly to this Law, proposals
on the creation and
dissolution of relevant local courts and courts of appeal, or
regarding changes in the number of judges in them;
|
6) submit, according to this Law, proposals regarding the creation of relevant local
courts and courts of appeal, or regarding the change in the number of judges
in them;
|
|
7) convene the plenary meeting of a
high specialized court, submit the issues for its
consideration and preside over its meetings;
|
7) convene
the plenary assembly of the high specialised court, propose items for its
consideration and preside over its meetings;
|
|
8) inform the Plenary Meeting of
the Supreme Court of Ukraine on the performance of a high specialized court;
|
8) inform
the Plenary Assembly of the Supreme Court of Ukraine about the functioning of
the high specialised court;
|
|
9) provide for the implementation
of the rulings of the high specialized court;
|
9) ensure execution of decisions of the high specialised court judges’ meeting;
|
|
10) organize keeping and analysis
of the court statistics, study and generalize the judicial practice;
|
10) control the keeping and analysis
of the court’s statistics, organise the study and generalisation of judicial
practice, take action
regarding informational and analytical support of judges in order to improve
the quality of justice;
|
|
11) take actions
regarding information-analytical provision of judges in order to improve the
quality of judicature;
|
|
|
12) take due measures for improving
the skills of judges of a relevant court;
|
11) ensure the execution of
requirements concerning the improvement of
qualifications of judges of the relevant court;
|
|
13) exercise
other powers set forth by the law.
|
12) exercise other
powers defined by the law.
|
|
The Chair of a high specialized court shall issue
orders and instructions concerning the issues within the limits of
administrative power delegated to him.
|
The president of the high
specialised court shall issue orders and instructions on the issues within
his/her administrative powers.
|
|
2. In case of absence of the Chair
of a high specialized court the Deputy Chair shall exercise his/her
administrative powers, in case of absence of the Deputy Chair the
administrative powers shell be executed by judge of this court, which has the
longest experience working as a judge..
|
2. In case
of absence of the president of the high specialised court, his/her
administrative powers shall be exercised by the deputy president of the
court, and in case of absence of the latter – the judge of this court, who
has the longest experience working as a judge.
|
|
Article 31. Deputy Chair of a high specialized court
|
Article 33. Deputy president of the
high specialised court
|
|
1. A Deputy Chair of a high
specialized court shall exercise administrative powers, assigned by the
Chair of the court.
|
1. The
deputy president of the high specialised court shall
exercise administrative powers determined by the president of the court.
|
|
Article 32. Plenary meeting of a high specialized court
|
Article 34. Plenary assembly of the
high specialised court
|
|
1. The plenary meeting of high
specialized court operates with all judges of high specialized court for
resolving issues connected with provision of unity of judicial practice in
cases of respective specialized jurisdiction, and other matters that fall
within its jurisdiction according to this Law.
|
1. The plenary
assembly of the high specialised court shall consist of all judges of the
high specialised court and operate in order to resolve issues connected with
the ensuring of uniformity of judicial practice in cases of the respective
specialised jurisdiction and other matters that fall within its competence
according to this Law.
|
|
2. The plenary meeting of high
specialized court shall:
|
2. The plenary
assembly of the high specialised court shall:
|
|
1) provide the specialized courts
of lower level with clarifications concerning application of the law in
consideration of cases within relevant court jurisdiction with
the aim of identical application of the constitutional and legal norms in judicial
practice;
|
1) provide
relevant lower level courts with recommendatory explanations in order to
ensure uniform application of legal norms in consideration of cases of the
relevant judicial jurisdiction;
|
|
2) approve the composition of the scientific-consulting
council under the high specialized court and regulations regarding it;
approve the composition of editorial board of the official periodical of the
high specialized court;
|
2) approve the composition of the
Scientific and Consultative Council at the high specialised court and
regulations regarding it; approve the composition of the editorial board of
the official periodical of the high specialised court;
|
|
3) hear the information of the Chair of the high
specialized court on the practice of resolving relevant court cases;
|
3) hear information of the president
of the high specialised court concerning the practice of resolving relevant
court cases;
|
|
4) make decision on addressing to the Constitutional
Court of Ukraine with the request for official interpretation of the
Constitution of Ukraine and laws of Ukraine;
|
4) make decision on addressing the
Constitutional Court of Ukraine with a request for an official interpretation
of the Constitution and laws of Ukraine;
|
|
5) review and solve other
issues within jurisdictions pursuant to law.
|
5) consider
and resolve other issues referred to its competence by the law.
|
|
3. The plenary meeting of a high
specialized court shall be held not less than two times per year. The date of
the meeting shall be known to the members of the plenary
meeting ten days in advance. In the very same time materials concerning the
issues, which are to be discussed at the plenary meeting, are sent out.
|
3. The plenary
assembly of the high specialised court shall be convened by the president of the high
specialised court or his/her deputy when necessary or upon a demand of at
least one fifth of judges of the high specialised court, but not
less than two times per year. The date and time of the meeting of the plenary
assembly shall be notified to its participants not later than ten days before
the meeting. Within the same time materials concerning the issues, which are
to be discussed at the plenary assembly, shall be sent out.
|
|
4. The plenary meeting shall be
considered as legally valid if attended by at least two thirds of the plenary
meeting members.
|
4. The plenary
assembly meeting shall be considered as valid if attended by at least two
thirds of the plenary assembly members.
|
|
5. When
the plenary
meeting shall consider
the matters, stated in items 1, 3, and 5 of the second part of the article,
the Minister of Justice of Ukraine has a right to take part in the meeting.
|
5. Representatives of bodies of the
state power, scientific institutions, civic organisations, mass media, etc.
may be invited to meetings of the plenary
assembly.
|
|
Representatives of state government bodies, scientific
institutions, public organizations, mass media, etc may be invited to the plenary
meeting.
|
|
|
6. Resolutions of the plenary
meeting of the high specialized court shall be passed by open ballot by a
majority of votes of the plenary meeting members;
the resolutions shall be signed by the person that presided over the meeting.
|
6. Resolutions
of the plenary assembly shall be passed by open ballot by a majority of votes
of the plenary assembly members and
shall be signed by the person who presided over its meeting.
|
|
Article 33. Scientific and consultative council and official
periodical of a high specialized court
|
Article 35. Scientific and Consultative
Council and official periodical of the high specialised court
|
|
1. The scientific and consultative
council will be created at a high specialized court to analyze the issues
concerning the preparation of a scientific, well-grounded interpretation of
the laws in force, and also to draw the conclusions relating to the draft
laws and other enactments, also to consider the issues involving the need for
scientific support of operation of a high specialized court.
|
1. The
Scientific and Consultative Council shall be created at a high specialised
court to elaborate on issues related to the preparation of scientific
grounding for the interpretation of legislation, as well as to prepare
conclusions on draft laws and other draft normative legal acts and on other
issues of scientific support of operation of the high specialised court.
|
|
2. The structure and operation of the scientific and
consultative council shall be established by the regulations that are
approved by the Plenary Meeting of a high specialized court.
|
2. The structure and operation of the Scientific and
Consultative Council shall be established by the regulations that shall be
approved by the plenary assembly of the high specialised court.
|
|
3. A high specialized court shall
run the official periodical containing the information on judicial practice,
the decisions on administration of a high specialized court and relevant
courts, and other materials
|
3. The high
specialised court shall have an official periodical to publish the
information on the judicial practice, decisions pertaining to the
organisation of functioning of high specialised court and relevant courts, and other materials.
|
|
Chapter 5. THE
SUPREME COURT OF UKRAINE
|
Chapter 5. THE SUPREME COURT OF UKRAINE
|
|
Article 34. The Supreme Court of Ukraine – the highest judicial
authority
|
Article 36. The Supreme Court of Ukraine – the highest judicial
authority
|
|
1. The Supreme Court of Ukraine is the
highest judicial authority within the system of general jurisdiction courts.
The Supreme Court of Ukraine shall administer justice, provide for identical
application of the laws in force by all courts of general jurisdiction.
|
1. The
Supreme Court of Ukraine is the highest judicial authority within the system
of general jurisdiction courts. The Supreme Court of Ukraine shall administer
justice, ensure uniform application of legislation by
all courts of general jurisdiction.
|
|
2. The Supreme Court of Ukraine
shall:
|
2. The
Supreme Court of Ukraine shall:
|
|
1) consider cases except for those circumstances,
prescribed by the procedural law, consider cases in other cases, prescribed
by the law;
|
1) review cases under the exceptional circumstances
according to the procedure, established by the procedural law; review other cases
when so determined by the law;
|
|
2) clarify
for the courts the application of the laws with the aim of identical application
of the legal norms in judicial practice.
|
2) provide courts with explanations in
order to ensure the uniform application of legal
norms in the judicial practice;
|
|
3) make a conclusion about the
availability or absence of the evidences of high treason or another crime in
the actions of the President of Ukraine which he is charged with; submit, as
requested by the Verkhovna Rada of Ukraine, the written judgment on the
impossibility for the President of Ukraine to exercise his powers on medical
grounds;
|
3) give an opinion whether the acts,
of which the President of Ukraine is accused, contain elements of state
treason or other crime; send upon request of the Verkhovna Rada of Ukraine
the written submission on the impossibility for the President of Ukraine to
exercise powers due to his/her state of health;
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4) apply to the Constitutional
Court of Ukraine provided the courts of general jurisdiction have some doubts
in the course of administration of justice about the constitutional validity
of the laws and other enactments, also apply to the Constitutional Court for
official interpretation of the Constitution and laws of Ukraine;
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4) apply to
the Constitutional Court of Ukraine when the courts of general jurisdiction
have doubts in the course of administration of justice as to the
constitutionality of laws and other legal acts, as well as apply to the Constitutional Court for official interpretation of the Constitution and
laws of Ukraine;
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5) keep and analyze the court
statistics, study and generalize the judicial practice, and practical
application of the laws in force by courts;
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5) keep and
analyse the judicial statistics, study and generalise the judicial practice
and practical application of legislation by courts;
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6) deal, within the limits of its
power, with the issues pertaining to the international treaties of Ukraine;
represent the courts of general jurisdiction in relations with the courts of
other countries;
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6) decide,
within the limits of its power, on the issues pertaining to the international
treaties of Ukraine; represent the courts of general jurisdiction in
relations with courts of foreign states;
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7) exercise
other powers pursuant to the law.
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7) exercise other
powers specified in the law.
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Article 35. Composition of the Supreme Court of Ukraine
|
Article 37. Composition of the Supreme
Court of Ukraine
|
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1. The Supreme Court of Ukraine shall be
headed by the Chief Justice of the Supreme Court of Ukraine, which has a
deputy. The composition of the Supreme Court of Ukraine
shall include eleven judges from each specialized jurisdiction (civil,
economic, administrative, criminal), elected for an unlimited term
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1. The
Supreme Court of Ukraine shall be headed by the President of the Supreme Court of Ukraine, who shall have a deputy. The composition of the Supreme
Court of Ukraine shall consist of eleven judges from each specialised
jurisdiction (civil, economic, administrative, criminal), elected for
permanent terms.
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The membership of the judicial chambers that
consider the cases falling within the jurisdiction of specialized courts
shall consist of the judges that have the experience of working as the judges
in a relevant high court of at least three years.
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Judicial chambers that consider
cases falling within the jurisdiction of specialised courts shall consist of
judges that have the experience of working as a judge in the relevant high
court for at least three years.
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|
2. The structure of the Supreme
Court of Ukraine shall include:
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2. The
following chambers shall operate within the Supreme Court of Ukraine:
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|
1) judicial chamber for
consideration of civil cases;
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1) Judicial
Chamber for Civil Cases;
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2) judicial
chamber for consideration of criminal cases;
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2) Judicial Chamber for Criminal Cases;
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|
3) judicial chamber for
consideration of economic cases;
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3) Judicial
Chamber for Economic Cases;
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|
4) judicial
chamber for consideration of administrative cases.
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4) Judicial
Chamber for Administrative Cases.
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3. The Plenary meeting of the
Supreme Court of Ukraine shall function at the Supreme Court of Ukraine to
consider the issues pursuant to the Constitution of Ukraine and this Law.
Membership and work of the Plenary meeting are specified pursuant to this
Law.
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3. The
Plenary Assembly of the Supreme Court of Ukraine shall function in the
Supreme Court of Ukraine to resolve the issues defined by the Constitution of
Ukraine and this Law. Composition and mode of operation of the Plenary
Assembly shall be determined pursuant to this Law.
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4. The scientific and consultative
council shall be formed at the Supreme Court of Ukraine whose status is
determined pursuant to this Law.
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4. The
Scientific and Consultative Council, whose status shall be determined
pursuant to this Law, shall be set up at the Supreme Court of Ukraine.
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5. The Supreme Court of Ukraine shall have
the official edition of the Supreme Court of Ukraine and may be a co-founder
of other publications.
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5. The
Supreme Court of Ukraine shall have its official periodical and may be a
co-founder of other print media outlets.
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6. The Supreme Court of Ukraine shall be
located in the city of Kyiv.
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6. The
Supreme Court of Ukraine shall be located in the city of Kyiv.
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|
Article 36. Judge of the Supreme Court of Ukraine
|
Article 38. Judge of the Supreme Court
of Ukraine
|
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1. A judge of the Supreme Court of
Ukraine shall:
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1. A judge
of the Supreme Court of Ukraine shall:
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1) administer
justice in the manner prescribed by procedural law;
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1) administer
justice in accordance with the procedure established by the procedural law;
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2) conduct the court proceedings and
take organizational measures essential for consideration of cases;
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2) take
procedural measures to ensure the consideration of a case;
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3) participate in discussion of the
issues submitted for consideration of the meeting of a relevant Judicial
chamber and the plenary session of the Supreme Court of Ukraine;
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3) participate
in consideration of issues by the meeting of the relevant Judicial Chamber
and of the Plenary Assembly of the Supreme Court of Ukraine;
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4) analyze the judicial practice;
put forward the proposals, in keeping with the established procedure,
concerning the improvement of such practice and the laws in force;
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4) analyse
the judicial practice, put forward proposals concerning the improvement of
such practice and legislation according to the established procedure;
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5) exercise
other powers set forth by the law.
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5) exercise other
powers defined by the law.
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Article 37. Chief Justice of the Supreme Court of Ukraine
|
Article 39. President of the Supreme
Court of Ukraine
|
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1. The Chief Justice of the Supreme
Court of Ukraine shall:
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1. The President of the Supreme Court of Ukraine:
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|
1) represent the Court as a state
body in its relations with other state bodies of Ukraine, local
self-government authorities, citizens, institutions, and organizations, also
with judicial authorities of other countries and international organizations;
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1) shall
represent the Court as the body of the state power in its relations with
other bodies of the state power, local self-government authorities, citizens,
institutions, and organisations, as well as with judicial authorities of
other states and international organisations;
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2) organize the operation of the Supreme Court of
Ukraine, determine administrative responsibilities of the Deputy Chief
Justice of the Supreme Court of Ukraine, Chairmen of Judicial Chambers of the
Supreme Court of Ukraine;
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2) shall organise the operation of the Supreme Court of Ukraine, determine
administrative powers of the Deputy President of the Supreme Court of Ukraine, Chairs of Judicial Chambers of the
Supreme Court of Ukraine;
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|
3) convene the Plenary meeting of
the Supreme Court of Ukraine, submit the issues for their consideration and
preside over their meetings;
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3) shall
convene the Plenary Assembly of the Supreme Court of Ukraine, propose issues
for its consideration and preside over its meetings;
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4) preside over the sessions of the
boards of justices of the Supreme Court of Ukraine during consideration of
any case;
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4) may preside
over sittings of panels of judges of the Supreme Court of Ukraine during
consideration of any case;
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5) submit, pursuant to this Law, the
proposals on creation of the courts or changes of the number of judges in the
courts;
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5) shall submit, pursuant to this Law, the
proposals on creation of courts or changes in the number of judges in the
courts;
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6) issue a relevant order on the
basis of reports on election of a person to the post of a judge of the
Supreme Court of Ukraine or dismissal of a judge from his/her post;
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6) shall
issue relevant order on the basis of the act on the election of a judge of
the Supreme Court of Ukraine or dismissal of a judge from his/her post;
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7) inform the High Qualifications Commission of Ukraine
about availability of vacant or temporary vacant posts in the court within 10
days term;
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7) shall inform, within ten days, the High Qualifications Commission of
Ukraine about availability of vacant or temporary vacant posts in the court;
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8) be in charge of the operation of the staff of
the Supreme Court of Ukraine; assign to the members of court staff the ranks
of public servants, in the order prescribed by the Law, provide them with
incentives and mete out disciplinary punishment in the manner prescribed by
legislation;
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8) shall
control the operation of the secretariat of the Supreme Court of Ukraine;
assign to the head of the Court’s secretariat and his/her deputies the ranks
of civil servants in the order prescribed by the law, grant them benefits and
impose measures of disciplinary punishment according to the legislation;
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9) inform the plenary meeting of
the Supreme Court of Ukraine on the performance of the Supreme Court of
Ukraine;
|
9) shall
inform the Plenary Assembly of the Supreme Court of Ukraine about the
functioning of the Supreme Court of Ukraine;
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|
10) exercise
other powers under the law.
|
10) shall
exercise other powers defined by the law.
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|
The Chief Justice of the Supreme Court of Ukraine
shall issue orders and instructions concerning the matters falling within
his/her administrative jurisdiction.
|
The President of the Supreme Court of Ukraine shall issue orders and instructions on
the issues within his/her administrative powers.
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|
2. The Chief Justice of the Supreme
Court of Ukraine shall be member of the High Council
of Justice ex officio.
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3. Should the Chief Justice of the
Supreme Court of Ukraine be absent his/her administrative responsibilities
shall be exercised by the Deputy Chief Justice of the Supreme Court of
Ukraine, and if the second is absent, administrative responsibilities shall
be exercised by a judge of this court, which has the largest experience
working on the post of a judge.
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2. In
case of absence of the President
of the Supreme Court of
Ukraine his/her administrative powers shall be exercised by the Deputy President of the Supreme Court of Ukraine, and if the latter is absent – by a
judge of this Court, who has the longest experience working on the post of a
judge.
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Article 38. Election of Chief Justice of the Supreme court of Ukraine
|
Article 40. Election of the President of the Supreme
Court of Ukraine
|
|
1. The Chief Justice of the Supreme
Court of Ukraine shall be elected at the Supreme Court of Ukraine Plenary
meeting for a term of five years by secret vote. The Chief Justice shall be
deemed elected if the majority of the total Plenum membership has voted for
him /her.
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1. The President of the Supreme Court of Ukraine shall be elected by the Plenary Assembly
of the Supreme Court of Ukraine for a term of five years by secret vote. The
President shall be deemed elected if the majority of votes from the total
number of the Plenary Assembly composition has been
cast for him/her.
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|
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2.
The Plenary Assembly of the Supreme Court of Ukraine to elect the President of
the Supreme
Court of Ukraine shall be convened not later than within a month from the
day of termination of powers of the preceding President of
the Supreme Court of Ukraine.
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|
2. The procedure of election of the
Chief Justice of the Supreme Court of Ukraine and his/her removal from the
post shall be established as per theinternal regulations of the Plenary
meeting of the Supreme Court of Ukraine passed by the Plenary meeting. No
changes shall be allowed in the said procedure within six months before
expiry of the term of office of the Chief Justice of the Supreme Court of
Ukraine.
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3. The
procedure of election of the President
of the Supreme Court of
Ukraine and his/her dismissal from the post shall be established by the Rules
of Procedures of the Plenary Assembly of the Supreme Court of Ukraine which
shall be approved by the Plenary Assembly. No changes to the rules governing
this procedure shall be allowed within six months before the expiry of the
term of office of the President
of the Supreme Court of
Ukraine.
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|
Article 39. Deputy Chief Justice of the Supreme Court of Ukraine
|
Article 41. Deputy President of the Supreme
Court of Ukraine
|
|
1. The Deputy Chief Justice of the
Supreme Court of Ukraine shall run the operation of structural divisions of
the Court pursuant to the fixed procedure of allocation of administrative
duties; may preside over the sessions of the boards of justices of the
Supreme Court of Ukraine.
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1. The
Deputy President of the Supreme
Court of Ukraine shall control the division of
administrative powers, may preside over judicial sittings of
panels of judges of the Supreme Court of Ukraine.
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|
The Deputy Chief Justice of the Supreme Court of
Ukraine shall issue the
orders and instructions falling within the limits of his/her
administrative power.
|
The Deputy President of the Supreme Court of Ukraine, within his/her administrative powers, shall
issue instructions.
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|
2. The Deputy Chief Justice of the
Supreme Court of Ukraine shall be appointed to the post from among the judges
of the Supreme Court of Ukraine for a term of five years and be removed from
the post by the Plenary Meeting of the Supreme Court of Ukraine. The
decision on appointment of the Deputy Chief Justice of the Supreme Court of
Ukraine shall be passed by secret ballot not later than within a period of
three months from the date of creation of a relevant vacant post. He/she may
be elected for the post repeatedly.
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2. The
Deputy President of the Supreme
Court of Ukraine shall be
appointed to the post from among the judges of the Supreme Court of Ukraine
for a term of five years and be dismissed from the post by the Plenary Assembly
of the Supreme Court of Ukraine. The decision on the appointment of the Deputy President of the Supreme Court of Ukraine shall be passed by a secret ballot not
later than within three months from the day when the relevant vacant post has
emerged. He/she may be elected for the post repeatedly.
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|
3. The Deputy Chief Justice of the
Supreme Court of Ukraine may be removed from his/her post before his/her
terms in office expire according to the procedure, stipulated by Regulations
of the Plenum of the Supreme Court of Ukraine.
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3. The
Deputy President of the Supreme
Court of Ukraine may be
dismissed from the post before termination of the term of office according to
the procedure, defined by the Rules of Procedure the Plenary Assembly of the
Supreme Court of Ukraine.
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|
Article 40. Judicial Chambers of the Supreme Court of Ukraine
|
Article 42. Judicial Chambers of the
Supreme Court of Ukraine
|
|
1. The Judicial Chambers of the
Supreme Court of Ukraine shall:
|
1. Judicial
Chambers of the Supreme Court of Ukraine shall:
|
|
1) prove administration of justice by the boards of
judges of the Supreme Court of Ukraine in relative cases;
|
1) ensure administration of justice by
panels of judges of the Supreme Court of Ukraine in
relative cases;
|
|
2) analyze the court statistics and
study the judicial practice;
|
2) analyse
the judicial statistics, study and generalise the judicial practice;
|
|
3) prepare the draft resolutions of
the Plenary Meeting of the Supreme Court of Ukraine;
|
3) prepare
draft resolutions of the Plenary Assembly of the Supreme Court of Ukraine;
|
|
4) exercise
other powers under the law.
|
4) exercise other
powers defined by the law.
|
|
2. A Judicial Chamber of the
Supreme Court of Ukraine shall be run by the Chair of a Judicial Chamber.
|
2. A
Judicial Chamber of the Supreme Court of Ukraine shall be chaired by the
Chair of the Judicial Chamber.
|
|
3. The Chair of a Judicial Chamber of
the Supreme Court of Ukraine shall:
|
3. The
Chair of a Judicial Chamber of the Supreme Court of Ukraine shall:
|
|
1) provide for operation of a
relevant Judicial Chamber;
|
1) organise
work of the relevant Judicial Chamber;
|
|
2) provide for analysis of the
court statistical data, study and generalization of the judicial practice
pertaining to the jurisdiction of a Judicial Chamber;
|
2) organise
the analysis of the judicial statistics, the study and generalisation of the
judicial practice pertaining to the jurisdiction of the Judicial Chamber;
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|
3) submit for consideration of the
Plenary Meeting of the Supreme Court of Ukraine the proposals on the
necessity for clarifying specific issues of application of the law in
judicial practice by courts;
|
3) submit
for consideration of the Plenary Assembly of the Supreme Court of Ukraine
proposals on the necessity for explaining specific issues of application of
legislation in the judicial practice;
|
|
4) exercise
other powers under the law.
|
4) exercise other
powers defined by the law.
|
|
4. A group of scientific
consultants of the Supreme Court of Ukraine shall function at a Judicial
Chamber.
|
4. A group
of scientific consultants of the Supreme Court of Ukraine shall function at a
Judicial Chamber.
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|
Article 41. Plenary Meeting of the Supreme Court of Ukraine
|
Article 43. Plenary Assembly of the
Supreme Court of Ukraine
|
|
1. The Plenary Meeting of
the Supreme Court of Ukraine is a collective body, whose jurisdictions are
pursuant to the Constitution of Ukraine and this Law. The Presidium of the
Supreme Court of Ukraine consists of all judges of the Supreme Court of
Ukraine.
|
1. The
Plenary Assembly of the Supreme Court of Ukraine shall be a collective body,
whose competence is determined by the Constitution of Ukraine and this Law.
The Plenary Assembly of the Supreme Court of Ukraine shall consist of all
judges of the Supreme Court of Ukraine.
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|
2. The Plenary meeting of the
Supreme Court of Ukraine shall:
|
2. The
Plenary Assembly of the Supreme Court of Ukraine shall:
|
|
1) in keeping with the procedure
under this Law, elect the Chief Justice of the Supreme Court of Ukraine and
his/her Deputy and remove them from the posts by secret ballot;
|
1) elect to
and dismiss from the post the President
of the Supreme Court of
Ukraine and his/her Deputy by a secret ballot according to the procedure
established by this Law;
|
|
2) appoint to and remove persons
from the posts of Chairs of Judicial Chambers of the Supreme Court of Ukraine;
|
2) appoint
to and dismiss from the posts of Chairs of Judicial Chambers of the Supreme
Court of Ukraine;
|
|
3) appoint and dismiss Secretary
for the Plenary meeting of the Supreme Court of Ukraine from among the judges
of the Supreme Court of Ukraine on suggestion of the Chief Justice of the
Supreme Court of Ukraine;
|
3) appoint
to the post, from among judges of the Supreme Court of Ukraine upon
submission of the President
of the Supreme Court of
Ukraine, the Secretary of the
Plenary Assembly of the Supreme Court of Ukraine and dismiss from this post;
|
|
4) hear the progress reports of the
Chief Justice of the Supreme Court of Ukraine, Deputy Chief Justice of the
Supreme Court of Ukraine, the Chairs of Judicial Chambers of the Supreme
Court of Ukraine, the Chairs of the high specialized courts regarding the
operation of Judicial Chambers and relevant courts;
|
4) hear
reports of the President
of the Supreme Court of
Ukraine, the Deputy President
of the Supreme Court of
Ukraine, Chairs of Judicial Chambers of the Supreme Court of Ukraine,
presidents of the high specialised courts regarding work of the Judicial
Chambers and relevant courts;
|
|
5) clarify for the courts the
application of the laws in force in judicial practice on the basis of its
generalization and analysis of the court statistics with the purpose of
identical application of norms of law in the judicial practice;
|
5) provide explanations for the
courts in order to ensure the uniform application of legal norms in the
judicial practice;
|
|
6) decide on applying to the Constitutional Court
to consider the issues on constitutional validity of the laws in force, also
on official interpretation of the Constitution and laws of Ukraine;
|
6) decide
on applying to the Constitutional Court of Ukraine on the issues of
constitutionality of laws and other legal acts, as well as for the official
interpretation of the Constitution and laws of Ukraine;
|
|
7) approve,
the conclusion on presence or absence of the evidences of high treason or
other crimes in the actions of the President of Ukraine which he is charged
with; also approve the submission for consideration of the Verkhovna Rada the
judgment about the impossibility for the President of Ukraine to exercise his
powers on medical grounds.
|
7) give an opinion whether the acts,
of which the President of Ukraine is accused, contain elements of state
treason or other crime; send upon request of the Verkhovna Rada of Ukraine
the written submission on the impossibility for the President of Ukraine to
exercise powers due to his/her state of health.
|
|
3. A session of the Plenary Meeting
of the Supreme Court of Ukraine shall be considered as legally competent if
attended by at least two thirds if its members.
|
3. A meeting
of the Plenary Assembly of the Supreme Court of Ukraine shall be considered
as valid if attended by at least two thirds of its members.
|
|
4. The Minister of Justice of Ukraine has
a right to take part in the work of a Plenary Meeting of the Supreme Court of
Ukraine when issues
stated in items 4, 5, and 6 of this article are under Plenum’s consideration.
|
4. Representatives
of bodies of the state power, scientific institutions, civic organisations,
mass media, etc. may be invited to a meeting of the Plenary Assembly of the
Supreme Court of Ukraine.
|
|
Representatives of state government bodies,
scientific institutions, public organizations and mass media may be invited
to a session of the Plenary Meeting of the Supreme Court of Ukraine.
|
|
|
5. A Plenary Meeting of the Supreme
Court of Ukraine shall be convened if necessary but at least once in three
months. The participants in a Plenary Meeting shall be
informed about its date and the issues to be discussed at it not later than
ten days before holding the meeting.
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5. The Plenary
Assembly of the Supreme Court of Ukraine shall be convened by the President of
the Supreme Court of Ukraine or his/her Deputy when necessary
or upon a demand of at least one fifth of judges of the Supreme Court of
Ukraine, but at least once in three months. The participants of the Plenary
Assembly meeting shall be notified of its day and time and the issues to be
discussed at the meeting not later than ten days prior to the meeting.
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|
6. The Plenary Meeting shall be
chaired by the Chief Justice of the Supreme Court of Ukraine or, in case of
his/her absence, by the First
Deputy Chief Justice or
a Deputy Chief Justice of the Supreme Court of Ukraine pursuant to
the Regulations.
|
6. The
Plenary Assembly shall be presided over by the President of the Supreme Court of Ukraine or, in case of his/her absence, by the
Deputy President pursuant to the Rules of Procedure.
|
|
7. The procedure of work of a
Plenary Meeting of the Supreme Court of Ukraine shall be established by this
Law and the Regulations of the Plenary Meeting of the Supreme Court of
Ukraine adopted in conformity with this Law.
|
7. The
procedure of work of the Plenary Assembly of the Supreme Court of Ukraine
shall be established by this Law and the Rules of Procedure of the Plenary Assembly
of the Supreme Court of Ukraine adopted in conformity with this Law.
|
|
8. A Plenary Meeting of the Supreme
Court of Ukraine shall pass the resolutions on the issues considered by it.
The resolutions of a Plenary Meeting of the Supreme Court of Ukraine shall be
signed by the person presiding over the Plenary Meeting and the Secretary of
Plenary Meeting, and published in the official edition of the Supreme Court
of Ukraine.
|
8. The
Plenary Assembly of the Supreme Court of Ukraine shall pass resolutions on
the issues considered by it. Resolutions by the Plenary Assembly of the
Supreme Court of Ukraine shall be signed by the person presiding over the
Plenary Assembly meeting and the Secretary of the Plenary Assembly, and
published in the official periodical of the Supreme Court of Ukraine.
|
|
9. The Secretary of Plenary Meeting
of the Supreme Court of Ukraine shall organize the work of the secretariat of
the Plenary Meetings, prepare the Plenary Meetings, keep the Plenary
Meeting’s minutes and exercise control over fulfillment of the decisions
taken by a Plenary Meeting of the Supreme Court of Ukraine.
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9. The
Secretary of the Plenary Assembly of the Supreme Court of Ukraine shall
organise the work of the secretariat of the Plenary Assembly, prepare the
Plenary Assembly’s meetings, draw up minutes of the Plenary Assembly’s
meetings and control the fulfilment of resolutions adopted by the Plenary
Assembly of the Supreme Court of Ukraine.
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|
Article 42. Staff of the Supreme Court of Ukraine
|
Article 44. Secretariat of the Supreme
Court of Ukraine
|
|
1. The staff of the Supreme Court
of Ukraine shall be available to provide for organizational, methodological,
financial, and information support of operation of the Supreme Court of
Ukraine. The staff regulations, the number of judicial
employees and the staff structure shall be approved by the Plenary Meeting of
the Supreme Court of Ukraine as proposed by the Chief Justice of the Supreme
Court of Ukraine.
|
1. The
secretariat of the Supreme Court of Ukraine shall provide the organisational,
methodological, financial, and informational support of the work of the
Supreme Court of Ukraine. The
regulations on the secretariat, the general number of staff members and the
secretariat structure shall be approved by the Plenary Assembly of the
Supreme Court of Ukraine upon submission of the President of the Supreme Court of Ukraine.
|
|
2. The staff of the Supreme Court
of Ukraine shall be headed by the head of the staff. The head of the staff of
the Supreme Court of Ukraine shall represent the Supreme Court of Ukraine as
a legal entity, approve personnel list and budget of costs for maintenance of
the Supreme Court of Ukraine, and approve regulations regarding structure
subdivisions of the staff of the Supreme Court of Ukraine.
|
2. The secretariat
of the Supreme Court of Ukraine shall be headed by the head of the
secretariat. The head of the secretariat of the Supreme Court of Ukraine
shall represent the Court as a legal entity, approve personnel list and
budget of costs for maintenance of the Supreme Court of Ukraine, and approve
regulations regarding structural divisions of the secretariat of the Supreme
Court of Ukraine.
|
|
3. The materials pertaining to
operation of the Supreme Court of Ukraine shall be kept in the Archives of
the Supreme Court of Ukraine.
|
3. Materials
pertaining to the work of the Supreme Court of Ukraine shall be kept in the
archives of the Supreme Court of Ukraine.
|
|
Article 43. Scientific and consultative council and editions of the
Supreme Court of Ukraine
|
Article 45. Scientific and Consultative
Council and official periodical of the Supreme Court of Ukraine
|
|
1. The Scientific and consultative
council shall be set up at the Supreme Court of Ukraine that consists of the
high-qualified law experts for preliminary consideration of the draft
resolutions of a Plenary Meeting of the Supreme Council of Ukraine concerning
the interpretation of the laws in force, drawing the conclusions on the draft
enactments and other aspects of operations of the Supreme Court of Ukraine that
require scientific support.
|
1. The
Scientific and Consultative Council shall be set up at the Supreme Court of
Ukraine and consist of highly qualified law experts for preliminary
consideration of draft resolutions of the Plenary Assembly of the Supreme Council
of Ukraine concerning the explanations on legislation, drawing opinions on
draft laws and other aspects of operation of the Supreme Court of Ukraine
that require scientific support.
|
|
2. The procedure of organization
and work of the Scientific and consultative council of the Supreme Court of
Ukraine shall be determined by the regulations to be approved by Plenary
Meeting of the Supreme Council of Ukraine.
|
2. The
procedure of organisation and work of the Scientific and Consultative Council
of the Supreme Court of Ukraine shall be determined by relevant regulations
to be approved by the Plenary Assembly of the Supreme Council of Ukraine.
|
|
3. The Supreme Court of Ukraine has its
official edition that publishes the materials pertaining to judicial practice
of the Supreme Court of Ukraine and other courts of general jurisdiction as
well as the materials on the issues connected with operation of courts of
general jurisdiction, and other materials.
|
3. The
Supreme Court of Ukraine shall have its official periodical to publish
materials pertaining to the judicial practice of the Supreme Court of Ukraine
and other courts of general jurisdiction as well as materials on the issues
connected to the organisation of work of courts of general jurisdiction, and
other materials.
|
|
|
|
|
Section IІІ. QUALIFICATIONS COMMISSIONS OF JUDGES
|
Section IІІ. QUALIFICATIONS COMMISSIONS
OF JUDGES
|
|
Article 44. The status of qualifications commissions of judges
|
Article 46. The status of
qualifications commissions of judges
|
|
1. Qualifications commissions are
assigned with a task of establishing corps of professional judges that are
able to administer law in good faith, efficiently and impartially. To achieve
this goal the commissions shall select and recommend nominees to hold the
posts of professional judges; shall determine level of the nominees’
professional skills. The said commissions shall also deal with the issues
connected with the judges’ dismissal from their posts in cases, determined by
the law. .
|
1. Qualifications
commissions shall be assigned with the task of forming the corps of
professional judges, who are able to administer justice in qualified, good
faith manner and impartially, by selecting and recommending nominees for the
posts of professional judges and by determining the level of professional
skills of professional judges, as well as with the task of consideration of
issues relating to giving opinions as to the dismissal of judge from his/her
post in cases determined by the law.
|
|
Article 45. Types of the qualifications commissions of judges
|
Article 47. Types of the qualifications
commissions of judges
|
|
1. The following qualifications
commissions shall function within the judicial system of Ukraine:
|
1. The
following qualifications commissions shall function within the judicial
system of Ukraine:
|
|
1) Regional qualifications commissions;
|
1) territorial qualifications commissions of judges;
|
|
2) High Qualifications Commission
of Judges of Ukraine.
|
2) the High Qualifications Commission of Judges of Ukraine.
|
|
2. Regional qualifications commissions
of judges shall operate in regions, the city of Kyiv and
Autonomous Republic of Crimea.
|
2. Territorial qualifications commissions of judges shall operate in oblasts [regions], the city of Kyiv and the Autonomous
Republic of Crimea.
|
|
3. High Qualifications Commission
of Judges of Ukraine shall
function in the city of Kyiv.
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3. The High
Qualifications Commission of Judges of Ukraine shall be located in the city of Kyiv.
|
|
Article 46. Membership of the qualifications commissions of judges
|
Article 48. Composition of the
qualifications commissions of judges
|
|
1. The regional qualifications
commissions of judges shall include seven members that have a higher legal
education. The regional qualifications commissions of judges
shall include:
|
1. Territorial
qualifications commissions of judges shall consist of seven members who have
a higher legal education. The
composition of territorial qualifications commissions of judges shall include:
|
|
1) four judges, appointed
to a qualifications commissions of judges from each court jurisdiction by the
respective congress of judges of local and appeal courts;
|
1) four judges appointed from each court jurisdiction by the
respective conference of judges of local courts and courts of appeal;
|
|
2) one person appointed by the Minister of Justice of
Ukraine;
|
2) one person appointed by the
Minister of Justice of Ukraine;
|
|
3) one person authorized by a
relevant regional, Kyiv city council and the Verkhovna Rada of Autonomous
Republic of Crimea. at the place of location of a qualifications
commission of judges;
|
3) one
person appointed by the oblast council, the city of Kyiv council and the Verkhovna Rada of the Autonomous Republic of Crimea
according to the location of a qualifications commission of judges;
|
|
4) one person, appointed by the
regional department of the State Judicial Administration of Ukraine.
|
4) one person
appointed by the territorial department of the State Judicial Administration
of Ukraine.
|
|
2. The High Qualifications
Commission of Judges of Ukraine shall
include fifteen members that have a higher legal education. This Commission
shall consist of:
|
2. The High
Qualifications Commission of Judges of Ukraine shall consist of fifteen members who have a higher
legal education. Its composition shall include:
|
|
1) eight judges, appointed by the Congress of Judges of
Ukraine (two judges from each court jurisdiction);
|
1) eight judges appointed by the
Congress of Judges of Ukraine (two judges from each court jurisdiction);
|
|
2) two persons appointed by the
Verkhovna Rada of Ukraine;
|
2) two
persons appointed by the Verkhovna Rada of Ukraine;
|
|
3) two persons appointed by the
President of Ukraine;
|
3) two
persons appointed by the President of Ukraine;
|
|
4) one person appointed by the
Commissioner for human rights of the Verkhovna Rada of Ukraine;
|
4) one
person appointed by the Commissioner of the Verkhovna Rada of Ukraine for Human Rights;
|
|
5) one
person appointed by the Minister of Justice of Ukraine;
|
5) one person appointed by the Minister of Justice of
Ukraine;
|
|
6) one person appointed by the
congress of lawyers of Ukraine from a
number of lawyers.
|
6) one person
appointed by the Congress of Advocates of Ukraine from among advocates.
|
|
|
3.
The people’s deputies of Ukraine [members of the parliament],
members of the Cabinet of Ministers of Ukraine cannot be members of qualifications
commissions of judges.
|
|
3. The term of powers of the member of a qualifications
commission of judges shall be tree years from the day of appointment. The person may
not execute powers of the member of a judicial
board of experts two terms in a row.
|
4. The term of office of the member of
a qualifications commission of judges shall be
tree years. The same person may not take office of the member of a qualifications commission
of judges two terms in a row.
|
|
4. The members of the High Qualifications
Commission of Judges of Ukraine for the time of their powers are transferred
to the High Qualifications Commission of
Judges of Ukraine and can not execute their professional duties at their main
place of work.
|
5. Members of the High Qualifications Commission of Judges of Ukraine for
the time of their office shall be transferred to the High Qualifications Commission of
Judges of Ukraine and cannot execute their professional duties at their main
place of work.
|
|
Article 47. Formation of the qualifications commissions of judges
|
Article 49. Formation of the
qualifications commissions of judges
|
|
1. Members of the regional
qualifications commissions of judges from among the judges shall be appointed
by secret or open ballot by the conferences of judges of relevant courts
while members of the High Qualifications Commission of Judges of Ukraine
shall be elected by the Congress of Judges of Ukraine through open or secret
ballot. In case of withdrawal of a judge – a member of the
qualifications commission of judges prior to another person from among the
judges shall be appointed by the Congress of Judges of Ukraine, the Council
of Judges of Ukraine appoints another person from among the judges.
|
1. Members
of territorial qualifications commissions of judges from among judges shall
be appointed by secret or open ballot by the conferences of judges of
relevant courts while members of the High Qualifications Commission of Judges
of Ukraine – by the Congress of Judges of Ukraine by open or secret ballot. In case of withdrawal of a judge –
a member of the qualifications commission of judges, the Council of Judges of
Ukraine shall appoint another person from among judges until appointment of a
new member by the Congress of Judges of Ukraine.
|
|
2. Chairs of courts, their deputies, chairs of judicial
chambers, members of the High Council of Justice and Discipline Commission of
Judges of Ukraine can not be appointed to regional qualifications
commission of judges and the High Qualifications Commission of Judges of
Ukraine.
|
2. Presidents of courts, their
deputies, chairs of judicial chambers, members of the High Council of Justice
and the Disciplinary Commission of Judges of Ukraine cannot be appointed
members of the qualifications commissions of
judges and the High Qualifications Commission of Judges of Ukraine.
|
|
3. The relevant council, mentioned in the part 1 of
article 46, shall make a decision on appointment of a member
of a regional qualifications commission of judges in the order,
prescribed by its regulations.
|
3. The relevant council, referred to
in paragraph 1 of Article 48 of this Law, shall decide on the appointment of a member of
the territorial qualifications commission of
judges according to the procedure, prescribed by its rules of procedure.
|
|
4. The regional department of the State Judicial
Administration of Ukraine shall appoint a member of a regional
qualifications commission of judges by the decree of its head.
|
4. The territorial department of the
State Judicial Administration of Ukraine shall appoint a member of the
territorial qualifications commission of
judges by the order of its head.
|
|
5. The President of Ukraine shall
appoint by his decree members of the High Qualifications Commission of Judges
of Ukraine.
|
5. The
President of Ukraine shall appoint members of the High Qualifications
Commission of Judges of Ukraine by a decree.
|
|
6. The Verkhovna Rada of Ukraine will
pass the resolution on appointment of members of the High Qualifications
Commission of Judges of Ukraine.
|
6. The
Verkhovna Rada of Ukraine shall appoint members of the High Qualifications
Commission of Judges of Ukraine by a resolution.
|
|
7. The Commissioner of the Verkhovna
Rada of Ukraine
for human rights shall issue a decree on appointment of the member of the
High Qualifications Commission of Judges of Ukraine.
|
7. The Commissioner
of the Verkhovna Rada of Ukraine for Human Rights shall appoint the member of the
High Qualifications Commission of Judges of Ukraine by an instruction.
|
|
8. The Minister of Justice of Ukraine shall
issue the order on appointment of members of the qualifications commissions
of judges..
|
8. The
Minister of Justice of Ukraine shall appoint members of the qualifications
commissions of judges by an order.
|
|
9. The congress of lawyers of Ukraine shall
appoint a member of the High Qualifications Commission
of Judges of Ukraine in the order, prescribed by the Law of Ukraine “On the
High Council of Justice” for election of members of the High Council of
Justice.
|
9. The Congress of Advocates of
Ukraine shall appoint a member of the High
Qualifications Commission of Judges of Ukraine according to
the procedure, prescribed by the Law of Ukraine “On the High Council of
Justice” for election of a member of the High Council of Justice.
|
|
10. A regional qualifications
commission of judges shall be considered as duly competent provided at least
five persons have been appointed (elected) to its membership, while the High
Qualifications Commission of Judges of Ukraine shall be considered as duly competent
provided at least eleven persons have been appointed to its membership.
|
10. A
territorial qualifications commission of judges shall be considered as valid
provided at least five members of the commission have been appointed, while
the High Qualifications Commission of Judges of Ukraine – provided at least
eleven members of the Commission have been appointed.
|
|
Article 48. Powers of a regional qualifications commission of judges
|
Article 50. Powers of the territorial
qualifications commission of judges
|
|
1. A regional qualifications
commission of judges shall:
|
1. The
territorial qualifications commission of judges shall:
|
|
1) conduct the qualification
certification of judges and assign the qualification ranks (not over the
third category) to judges;
|
1) conduct
the qualification certification of judges and assign the qualification ranks
to them (but not higher than the third rank);
|
|
2) publicize information regarding initiating of the
issue of election of judges without term limitation;
|
2) publish information regarding
initiating of the issue of election of judges for permanent terms;
|
|
3) terminate the term of
resignation of the judges of local courts;
|
3) terminate
the status of a retired judge of local courts judges;
|
|
4) exercise
other duties under the law.
|
4) exercise other powers defined by the law.
|
|
2. The order and procedure of operation of the regional
qualifications commission of judges is determined by its regulations,
accepted by the majority of the general composition of the board according to
the Typical Regulations of work of a regional qualifications commission of
judges, approved by the Council of Judges of Ukraine.
|
2. The order of work of the territorial qualifications commission of judges
shall be determined by its rules of procedure approved by the majority of
members of the general composition of the commission in accordance with the
Sample Rules of Procedure of the territorial qualifications commission of
judges, adopted by the Council of Judges of Ukraine.
|
|
Article 49. Powers of the High Qualifications Commission of Judges of Ukraine
|
Article 51. Powers of the High
Qualifications Commission of Judges of Ukraine
|
|
1. The High Qualifications
Commission of Judges of Ukraine shall:
|
1. The High
Qualifications Commission of Judges of Ukraine shall:
|
|
1) check the compliance of
candidates for the posts of judges with the requirements, determined by the
law, make decisions regarding recommendation of a candidate for a position of
a judge or election of judge without term limitation (including to the court
of higher level) or provide conclusion for dismissal of a judge from the
post; ;
|
1) check
the compliance of candidates for the posts of judges with the requirements
established by the law, decide on recommending the candidate for the
appointment to the post of a judge or election a judge for permanent term
(including to the court of higher level) or give opinion on the dismissal of
a judge from the post;
|
|
2) conduct the qualification
certification of judges and assign the qualification ranks (starting from the
second category) to judges;
|
2) conduct
the qualification certification of judges and assign the qualification ranks
to them (starting from the second rank);
|
|
3) review complaints on the decisions of the regional qualifications
commissions of judges;
|
3) consider complaints on decisions of
the territorial qualifications commissions of
judges;
|
|
4) publicize information regarding opening of the
competition for vacant posts of judge;
|
4) publish information regarding the
announcement of the competition for vacant posts of judges;
|
|
5) exercise
other duties under the law.
|
5) exercise other
powers defined by the law.
|
|
2. On the basis of the results of
consideration of a complaint the High Qualifications Commission of Judges of
Ukraine may leave a decision of a regional qualifications commission of
judges unchanged, change such a decision or cancel it.
|
2. The
High Qualifications Commission of Judges of Ukraine, having considered a complaint, may leave a
decision of the territorial qualifications commission of judges unchanged,
change the decision or repeal it.
|
|
3. The procedure of operation of
the High Qualifications Commission of Judges of Ukraine shall be determined
by its Regulations, passed by a majority of votes of members of the High
Qualifications Commission of Judges of Ukraine.
|
3. The
order of work of the High Qualifications Commission of Judges of Ukraine
shall be determined by its Rules of Procedure approved by the majority of
votes of the general composition of the High Qualifications Commission of
Judges of Ukraine.
|
|
Article 50. Meeting of a qualifications commission of judges
|
Article 52. Meetings of the
qualifications commission of judges
|
|
1. A qualifications commission of
judges shall hold its meetings regularly, but not later than within two
months after a commission received a relevant request or proposal, if other
is not determined by the law.
|
1. The
qualifications commission of judges shall hold its meetings regularly, but
not later than within two months after the commission received a relevant
application or submission unless determined otherwise by the law.
|
|
2. A qualifications commission’s of
judges meeting shall be transparent unless decided otherwise by a commission.
|
2. A
meeting of the qualifications commission of judges shall be held openly and
in public unless decided otherwise by the commission.
|
|
3. The meetings of a qualifications
commission of judges shall be prepared by Chair of a commission or by
secretary of a board as ordered by Chair of a board. Chair
of a judicial board of experts shall fix the time and place of holding a
meeting, also the issues to be considered by it; not later than 10 days
before a meeting the Chair shall inform about the said meeting and issues
members of the board and other interested persons.
|
3. Meetings
of the qualifications commission of judges shall be prepared by the chair of
the commission or, upon his/her order, by the secretary of the commission. The chair of the qualifications
commission of judges shall determine the date, time and place of the meeting,
as well as the list of issues to be considered by the commission, and not
later than ten days prior to the meeting shall notify thereof members of the
commission and other interested persons.
|
|
4. A meeting of a qualifications
commission of judges shall be considered as duly competent if attended by majority of votes
of its members.
|
4. Meeting
of the qualifications commission of judges shall be deemed as valid if
attended by at least two thirds of its general composition.
|
|
5. A meeting of a qualifications
commission of judges shall be chaired by Chair of a commission; in the event
of his/her absence a meeting shall be chaired by deputy Chair or secretary of
a commission. Other persons may be invited to participate in a commission's
meeting if a commission decides that the presence of such persons is
necessary.
|
5. Meeting
of the qualifications commission of judges shall be presided over by the
chair of the commission and if the latter is absent – by the deputy chair or
the secretary of the commission. Other persons may be invited to the
commission's meeting if the commission decides that presence of such persons
is necessary.
|
|
Article 51. The rights of members of a qualifications commission of
judges
|
Article 53. Rights of member of the qualifications
commission of judges
|
|
1. A member of a qualifications
commission of judges has the right to:
|
1. Member
of the qualifications commission of judges shall have the right to:
|
|
1) study the materials submitted
for consideration of a board, participate in their analysis and verification;
|
1) study
materials submitted for consideration by the commission, participate in their
analysis and verification;
|
|
2) submit his/her requests and
proposals, also other documents concerning the issues to be considered;
|
2) submit
his/her opinion and proposals as well as additional documents pertaining to
the issues to be considered;
|
|
3) submit the proposals on a draft
resolution of a board pertaining to any issues, also vote for or against a
proposal;
|
3) submit proposals
to the draft decision of the commission on any issue and vote for or against
any decision;
|
|
4) express his/her personal opinion
on any resolution of the judicial board of experts.
|
4) prepare a
written dissenting opinion with regard to decisions of the qualifications
commission of judges.
|
|
Article 52. Withdrawal of member of a qualifications commission of
judges
|
Article 54. Challenge to the member of
the qualifications commission of judges
|
|
1. Member of a qualifications
commission of judges has no right to participate in consideration of issues
or in the decision making process and shall be withdrawn (self-withdrawn)
provided the facts that put in doubt the impartiality of such a member have
been proved. Given the said facts such member shall submit his/her
self-withdrawal. For the same reasons the withdrawal of member of a
commission may be requested by the person under a commission's consideration,
also the persons that requested a commission to do so.
|
1. Member
of the qualifications commission of judges shall not to participate in the
consideration of an issue and in the decision making and shall be challenged
(shall withdraw) provided the circumstances that put in doubt his/her
impartiality have been established. If such circumstances exist the member of
the commission shall announce the self-withdrawal. Under the same
circumstances the member of the commission may be challenged by persons whom
the commission's consideration concern or upon whose request the issue is
considered by the commission.
|
|
2. The withdrawal shall be
well-grounded and submitted in writing to a commission prior to consideration
of this issue. The person presiding over a meeting shall inform about this
the commission's member subject to withdrawal.
|
2. The
challenge shall be motivated and submitted in writing to the chair of the commission
before the consideration of the relevant issue starts. The person presiding
over a meeting shall inform about such submission the commission's member who
has been challenged.
|
|
3. The decision on withdrawal
(self-withdrawal) of a commission's member shall be taken by a majority of
votes of the commission's members attending a meeting provided the
commission's member subject to withdrawal (self-withdrawal) is absent.
|
3. The
decision on the challenging (self-withdrawal) of the commission's member
shall be taken by the majority of votes from the commission's members
participating in the meeting and in the absence of the commission's member
who has been challenged (who has announced the self-withdrawal).
|
|
Article 53. Decisions to be taken by a qualifications commission of
judges
|
Article 55. Decisions of the
qualifications commission of judges
|
|
1. The decisions of a
qualifications commission of judges shall be taken by a majority of votes of
the commission's members
attending a meeting if otherwise not provided by this Law. The
voting shall be conducted in the absence of the person concerned and other
persons invited to attend the meeting.
|
1. Decisions
of the qualifications commission of judges shall be taken by the majority of
members from the commission's
general composition unless provided otherwise by this Law. The
voting shall be conducted in the absence of the person concerned and other
persons invited to attend the meeting.
|
|
2. While considering the issue
about the judge that is a commission's member, such judge shall not
participate in the discussion and voting procedure.
|
2. When the
issue under consideration concerns the judge who is the member of the
commission, such judge shall not participate in its discussion and voting.
|
|
3. The decision of a qualifications
commission of judges shall be taken in writing and contain the following: the
date and place of taking this decision, the commission's composition, the
issues under consideration, and the grounds for taking the decision. The
decision shall be signed by the chair of a meeting and members of a
commission that took part in a meeting.
|
3. Decision
of the qualifications commission of judges shall be drawn up in writing. The
decision shall contain the date and place of taking this decision, the
commission's composition, the issues which were under consideration, and the
grounds for taking the decision. The decision shall be signed by the chair of
the meeting and members of the commission who took part in the meeting.
|
|
4. Given a dissenting personal
opinion, the latter shall be presented in writing by the member of a
commission concerned and attached to the case; the person presiding over a
meeting shall inform the meeting about this but not disclose the content of
such opinion.
|
4. If there
is a dissenting opinion, it shall be presented in writing by the member of
the commission and attached to the case; the person presiding over the
meeting shall inform the meeting about this but not disclose the content of
such opinion during the meeting.
|
|
5. Within the space of seven days
the copy of the decision of a qualifications commission of judges shall be
sent to the person that requested to take the decision to this effect and the
person who was the subject of such a decision.
|
5. The
copy of the decision of the qualifications commission of judges shall be sent
within seven days to the person upon whose request the issue was considered
and the person who was the subject of the decision.
|
|
Article 54. Support of operation of the qualifications commissions of
judges
|
Article 56. Support of operation of the
qualifications commissions of judges
|
|
1. The High Qualifications
Commission of Judges of Ukraine shall
establish its own secretariat for the organizational support of its activity.
Secretariat of the regional qualifications commission of judges is created
under respective regional department of the State Judicial Administration of
Ukraine.
|
1. To provide organisational support
to the work of the High Qualifications
Commission of Judges of Ukraine a secretariat shall be created. Secretariat
of the territorial qualifications commission of judges shall be created
within respective territorial department of the State Judicial Administration
of Ukraine.
|
|
2. The High Qualifications
Commission of Judges of Ukraine is a
legal entity, has its own Seal with the State Emblem of Ukraine and its name,
independent balance and bank accounts.
|
2. The High
Qualifications Commission of Judges of Ukraine shall be a legal entity, shall have its own seal
with the State Emblem of Ukraine and its name on it, independent accounting
balance and bank accounts.
|
|
3. Members of the High
Qualifications Commission of Judges of Ukraine shall be provided with the
compensation, provided by the legislation accordingly for judges, employees
of Presidential staff, staff of Verkhovna Rada of Ukraine,
secretariat of the Commissionaire on Human Rights of the Verkhovna Rada of Ukraine,
Ministry of Justice of Ukraine.
Compensation shall be paid according to salaries for posts, which they occupy
in bodies they were sent from.
|
3. Members of the High Qualifications Commission of Judges of Ukraine
shall be paid remuneration provided by the legislation accordingly for
judges, employees of President’s secretariat, secretariat of the Verkhovna
Rada of Ukraine, secretariat of the Commissioner of the Verkhovna
Rada of Ukraine on Human Rights, Ministry of Justice of Ukraine. Remuneration shall be paid according to salaries
for posts, which such persons occupy in bodies from which they were
transferred.
|
|
Resigned judges, lawyers, who are the members of the High
Qualifications Commission of Judges of Ukraine, shall be paid compensation
in amount of average salary of other members of the board.
|
Retired judges, advocates, who serve
as members of the High Qualifications
Commission of Judges of Ukraine, shall be paid remuneration
in amount of average salary of other members of the commission.
|
|
Compensation shall be paid from the State Budget of
Ukraine.
|
Remuneration shall be paid from the
State Budget of Ukraine.
|
|
|
|
|
Section ІV. DISCIPLINE COMMISSION OF JUDGES OF UKRAINE
|
Section ІV. DISCIPLINARY COMMISSION OF JUDGES OF UKRAINE
|
|
Article 55. The status of the Discipline Commission of
Judges of Ukraine
|
Article 57. The status of the
Disciplinary Commission of Judges of Ukraine
|
|
1. The Discipline
Commission of Judges of Ukraine is continuously operating body in the judicial system of Ukraine, which shall bear functions of execution of disciplinary application
to judges of local and appeal courts.
|
1. The Disciplinary Commission of Judges of Ukraine shall be a permanent body within the system
of the judiciary of Ukraine, which shall perform disciplinary
procedures concerning judges of local courts and courts of appeal.
|
|
Article 56. Composition of the Discipline Commission of
Judges of Ukraine
|
Article 58. Composition of the
Disciplinary Commission of Judges of Ukraine
|
|
1. The Discipline Commission of Judges of Ukraine shall include fifteen members that have a higher
legal education. The Commission shall include:
|
1. The Disciplinary Commission of Judges of Ukraine
shall consist of fifteen members who have a
higher legal education. The
Commission shall include:
|
|
1) nine judges, including those retired, who has not
reached 70 years, appointed by the Congress of Judges of Ukraine, but not
less than two representatives from each specialized jurisdiction;
|
1) nine judges, including those
retired, who has not reached 70 years, appointed by the Congress of Judges of
Ukraine with not less than two representatives from each specialised
jurisdiction;
|
|
2) two persons appointed by the
President of Ukraine;
|
2) two
persons appointed by the President of Ukraine;
|
|
3) two persons appointed by the
Verkhovna Rada of Ukraine;
|
3) two
persons appointed by the Verkhovna Rada of Ukraine;
|
|
4) one person appointed by the
Minister of Justice of Ukraine;
|
4) one
person appointed by the Minister of Justice of Ukraine;
|
|
5) one person appointed by the congress of lawyers of Ukraine from a
number of lawyers
|
5) one person
appointed by the Congress of Advocates of Ukraine from among advocates.
|
|
|
2.
People’s deputies of Ukraine, members of the Cabinet of Ministers of Ukraine cannot be members of the Disciplinary Commission of Judges of Ukraine.
|
|
2. The term of powers of the member of Discipline Commission of Judges of Ukraine
shall be tree years from the day of appointment.
|
3. The term of office of the member of
the Disciplinary Commission of Judges
of Ukraine shall be three years from the day
of appointment.
|
|
3. The members of Discipline Commission of Judges of Ukraine for
the time of their powers are transferred to the Discipline Commission of Judges of Ukraine and can
not execute their professional duties at their main place of work.
|
4. Members of the Disciplinary Commission of Judges of
Ukraine for the term of their office shall
be transferred to the Disciplinary
Commission of Judges of Ukraine and
cannot execute their professional duties at their main place of work.
|
|
Article 57. Formation of the Discipline Commission
of Judges of Ukraine
|
Article 59. Formation of the Disciplinary Commission of Judges of Ukraine
|
|
1. Members of the Discipline Commission of Judges of Ukraine from
among the judges shall be elected by secret or open ballot by the conferences of judges of
Ukraine. In
case of withdrawal of a judge – a member of the Discipline Commission of Judges of Ukraine prior to
another person from among the judges shall be appointed by the Congress of
Judges of Ukraine, the Council of Judges of Ukraine appoints another person
from among the judges.
|
1. Members
of the Disciplinary Commission of
Judges of Ukraine from among judges shall be
appointed by secret or open ballot by the Congress of Judges of Ukraine. In case of withdrawal of a judge –
a member of the Disciplinary
Commission of Judges of Ukraine, the
Council of Judges of Ukraine shall appoint another person from among judges
until appointment of a new member by the Congress of Judges of Ukraine.
|
|
2. Chairs of courts, their deputies, members of the High
Council of Justice and the High Qualifications Commissions of Judges
of Ukraine can not be elected to Discipline
Commission of Judges of Ukraine. A person that has a disciplinary punishment
shall not be permitted to become a member of the Discipline Commission of Judges
of Ukraine.
|
|
|
3. The President of Ukraine shall
appoint by his decree members of the Discipline Commission of Judges of Ukraine.
|
2. The
President of Ukraine shall appoint members of the Disciplinary Commission of Judges of Ukraine
by a decree.
|
|
4. The Verkhovna Rada of Ukraine will
pass the resolution on appointment of members of the Discipline Commission of Judges of Ukraine.
|
3. The
Verkhovna Rada of Ukraine shall appoint members of the Disciplinary Commission of Judges of Ukraine
by a resolution.
|
|
5. The Minister of Justice of Ukraine shall
issue the order on appointment of members of the Discipline Commission of Judges of Ukraine.
|
4. The
Minister of Justice of Ukraine shall appoint the member of the Disciplinary Commission of Judges of Ukraine
by an order.
|
|
|
5. Presidents of courts, their
deputies, members of the Council of Judges of Ukraine, members of the High
Council of Justice and the High Qualifications Commission of Judges of
Ukraine as well as persons who have a disciplinary punishment cannot be
appointed members of the Disciplinary
Commission of Judges of Ukraine.
|
|
6. The convention of lawyers of Ukraine shall
appoint a member of the Discipline Commission of Judges of Ukraine in the order,
prescribed by the Law of Ukraine “On the
High Council of Justice” for election of member of the High Council of
Justice.
|
6. The Congress of Advocates of
Ukraine shall appoint the member of the Disciplinary Commission of Judges of Ukraine according to the procedure, prescribed by the Law of Ukraine “On the High Council of Justice” for election of a member of the High
Council of Justice.
|
|
7. The Discipline Commission of Judges of Ukraine shall
be considered as duly competent provided at least eleven persons have been
appointed to its membership.
|
7. The Disciplinary Commission of Judges of Ukraine shall be considered as valid
provided at least eleven members of the Commission have been appointed.
|
|
Article 58. Support of operation of the Discipline
Commission of Judges of Ukraine
|
Article 60. Organisation of work of the
Disciplinary Commission of Judges of Ukraine
|
|
1. The Discipline Commission of Judges of Ukraine shall elect from its
composition by open or secret ballot the Chairman of the Commission, his/her
Deputy and Secretary of the Commission. That candidate shall be considered
elected, who received the majority of votes of the general composition of the
Commission.
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1. The Disciplinary Commission of Judges of Ukraine shall elect from among its members by open or secret ballot the Chair
of the Commission, his/her Deputy and the Secretary of the Commission. That
candidate shall be considered elected if received the majority of votes from
the general composition of the Commission.
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2. The Chair of the Discipline Commission of Judges of Ukraine shall provide for operation of the
Commission, assign duties and responsibilities among its members, convene the
meetings of the Commission, and preside at them, shall be responsible for the
clerical work of the Commission.
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2. The Chair of the Disciplinary Commission of Judges of
Ukraine shall organise the work of the Commission, assign duties among its
members, convene meetings of the Commission and preside over them, shall be
responsible for organisation of the paperwork of the Commission.
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3. In case of absence of the Chair of the Discipline Commission of Judges of Ukraine his/her
duties shall be executed by his/her Deputy, in case of the Deputy’s absence –
duties are executed by the Secretary of the Commission.
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3. In case of absence of the Chair of
the Disciplinary Commission of Judges
of Ukraine his/her duties shall be executed by the Deputy Chair, in case of
the latter’s absence – by the Secretary of the Commission.
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4. The order and procedure of operation of the
Discipline Commission of Judges of
Ukraine is determined by its Regulations, accepted by the
majority of the general composition of the Commission.
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4. The order of work of the Disciplinary Commission of Judges of
Ukraine shall be determined by its Rules
of Procedure approved by the majority of votes of the general composition of
the Commission.
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Article 59. Meeting of the Discipline Commission
of Judges of Ukraine
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Article 61. Meetings of the Disciplinary Commission of Judges of Ukraine
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1. Meetings of the
Discipline Commission of Judges of
Ukraine shall be transparent unless decided otherwise by
the Commission.
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1. Meetings
of the Disciplinary
Commission of Judges of Ukraine shall
be held openly and in public unless decided otherwise by the Commission.
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2. The meetings of the
Discipline Commission of Judges of Ukraine
shall be prepared by Chair of the Commission or by Deputy Chair or Secretary
of the Commission as ordered by Chair of a Commission. Chair
of the Discipline
Commission of Judges of Ukraine shall
fix the time and place of holding a meeting of the Commission, also the
issues to be considered by it; not later than 10 days before a meeting the
Chair shall inform about the said meeting and issues the person subject to
consideration, and other persons of address.
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2. Meetings
of the Disciplinary
Commission of Judges of Ukraine shall
be prepared by the Chair of the Commission or, upon his/her order, by the
Deputy Chair or the Secretary of the Commission. The Chair of the Disciplinary Commission of Judges of
Ukraine shall determine the date, time
and place of the Commission meeting, the list of issues to be considered and
not later than within ten days before the meeting shall notify thereof the
person subject to consideration and the person who submitted a request.
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3. A meeting of the
Discipline Commission of Judges of
Ukraine shall be considered as duly competent if attended by the majority of
its members.
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3. A
meeting of the Disciplinary
Commission of Judges of Ukraine shall
be considered as valid if attended by at least two thirds of its members.
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4. A meeting of the
Discipline Commission of Judges of
Ukraine shall be chaired by Chair of the Commission; in
the event of absence of the Chair a meeting shall be chaired by Deputy Chair
or Secretary of the Commission. Other persons may be invited to participate
in the Commission’s meeting if the Commission decides that the presence of
such persons is necessary.
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4. A
meeting of the Disciplinary
Commission of Judges of Ukraine shall
be presided over by the Chair of the Commission, if the latter is absence -
by the Deputy Chair or the Secretary of the Commission. Other persons may be
invited to the Commission’s meeting if the Commission decides that their
presence is necessary.
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Article 60. The rights of members of the Discipline
Commission of Judges of Ukraine
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Article 62. Rights of member of the Disciplinary Commission of Judges of Ukraine
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1. A member of the
Discipline Commission of Judges of
Ukraine has the right to:
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1. Member
of the Disciplinary
Commission of Judges of Ukraine shall
have the right to:
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1) study the materials submitted
for consideration of the Commission, participate in their analysis and
verification;
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1) study
materials submitted for consideration of the Commission, participate in their
analysis;
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2) submit his/her requests and
proposals concerning the issues to be considered;
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2) submit
his/her opinion and proposals concerning the issues to be considered;
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3) submit the proposals on a draft
resolution of the Commission pertaining to any issues, also vote for or
against a proposal;
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3) submit
proposals to the draft decision of the Commission on any issues and vote for
or against any decision;
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4) express his/her personal opinion
in writing on any resolution of the Discipline Commission of Judges of Ukraine.
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4) prepare a
written dissenting opinion concerning a decision by the Disciplinary Commission of
Judges of Ukraine.
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Article 61. Withdrawal of member of the Discipline
Commission of Judges of Ukraine
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Article 63. Challenge to the member of
the Disciplinary Commission of Judges of Ukraine
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1. Member of the
Discipline Commission of Judges of
Ukraine has no right to participate in consideration of
issues or in the decision making process and shall be withdrawn
(self-withdrawn) provided the facts that put in doubt the impartiality of
such a member have been proved. Given the said facts such member shall submit
his/her self-withdrawal. For the same reasons the withdrawal of member of the Commission may be
requested by the persons under the Commission’s consideration, also the
persons that requested the Commission to do so.
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1. Member
of the Disciplinary
Commission of Judges of Ukraine shall
not participate in the consideration of an issue and in the decision making
and shall be challenged (shall withdraw) provided the circumstances that put
in doubt his/her impartiality have been established. If such circumstances
exist the member of the Commission shall announce the self-withdrawal. Under
the same circumstances the member of the Commission may be challenged by
persons whom the commission's consideration concern or upon whose request the
issue is considered by the commission.
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2. The withdrawal shall be
well-grounded and submitted in writing to the Commission prior to
consideration of this issue. The person presiding over a meeting shall inform
about this the Commission’s member subject to withdrawal.
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2. The
challenge shall be motivated and submitted in writing to the Chair of the Commission
before the consideration of the relevant issue starts. The person presiding
over a meeting shall inform about such submission the Commission's member who
has been challenged.
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3. The decision on withdrawal
(self-withdrawal) of the Commission’s member shall be taken by a majority of
votes of the Commission’s members attending a meeting provided the
Commission’s member subject to withdrawal (self-withdrawal) is absent.
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3. The
decision on the challenging (self-withdrawal) of the Commission's member
shall be taken by the majority of votes of the Commission's members
participating in the meeting and in the absence of the Commission's member
who has been challenged (who has announced the self-withdrawal).
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Article 62. Decisions to be taken by the Discipline
Commission of Judges of Ukraine
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Article 64. Decisions of the Disciplinary Commission of Judges of Ukraine
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1. The decisions of the Discipline Commission of Judges of Ukraine
shall be taken by a majority of votes of the general composition of the
Commission. The voting shall be conducted in the absence of the court
inspector, judge whose case is under consideration, and other persons invited
to attend the meeting.
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1. Decisions
of the Disciplinary
Commission of Judges of Ukraine shall
be taken by the majority of votes of the general composition of the
Commission. The voting shall be conducted in the absence of the court
inspector and judge whose disciplinary liability is under consideration, and
other persons invited to the meeting.
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2. While considering the issue
about the judge that is a member of the Discipline Commission of Judges of Ukraine, such
judge shall not participate in the discussion and voting procedure.
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2. When the
issue under consideration concerns the judge who is the member of the Disciplinary Commission of Judges of Ukraine, such judge shall not participate in its discussion
and voting.
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3. The decision of the Discipline Commission of Judges of Ukraine shall be taken in writing and
contain the following: the date and place of taking this decision, the
composition of the Commission, the issues under consideration, and the
grounds for taking the decision. The decision shall be signed by the chair of
a meeting and members of the Commission that took part in a meeting.
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4. Given a dissenting personal opinion,
the latter shall be presented in writing by the member of the Commission
concerned and attached to the case; the person presiding over a meeting shall
inform the meeting about this but not disclose the content of such opinion.
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5. Within the space of 7 days the copy
of the decision (conclusion) of the Discipline
Commission of Judges of Ukraine shall be sent to the court inspector,
at whose inquiry this case was under consideration, and the judge who was the
subject of such a decision.
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Article 63. Service of judicial inspectors
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Article 65. Service of court
inspectors
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1. The service of judicial inspectors shall operate under
the Discipline Commission of Judges
of Ukraine for examination of presence of grounds for bringing judges of
local and appeal courts to disciplinary liability.
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1. The service of court inspectors
shall operate at the Disciplinary
Commission of Judges of Ukraine in order to verify the presence of grounds
for bringing judges of local courts and courts of appeal to disciplinary
liability.
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2. Judicial inspectors shall perform examinations of
data regarding presence of grounds
for bringing judge of local and appeal courts to disciplinary liability
at the written order of the board of the Discipline Commission of three participants.
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2. Court inspectors shall perform
verification of information regarding
presence of grounds for bringing a judge of local court and court of appeal
to disciplinary liability upon the written authorisation of the panel
of the Disciplinary Commission
comprising three members.
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3. The number of judicial inspectors shall be determined
by the Congress of Judges of Ukraine, accounting in average one judicial
inspector for 200 judges of local and appeal courts.
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3. The number of court inspectors
shall be determined by the Congress of Judges of Ukraine, accounting in
average one court inspector for 200 judges of local courts and courts of
appeal.
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4. Judicial inspectors are appointed by the Council of
Judges of Ukraine from among the judges, retired judges, prosecutors, lawyers
that worked as judges, prosecutors and advocates not less than ten years and
did not reach 70 years and have perfect reputation. A person that has a
disciplinary punishment may not become a judicial inspector.
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4. Court inspectors shall be appointed
by the Council of Judges of Ukraine from among judges, retired judges,
prosecutors, advocates who have worked as judges, prosecutors and advocates
for not less than ten years, have not reached 70 years and have a perfect
reputation. A person who has a disciplinary punishment cannot be a court
inspector.
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5. Persons shall be appointed to the posts of judicial
inspectors for three years and may not execute powers of a court inspector
two terms in a row.
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5. Persons shall be appointed to the
posts of court inspectors for three years and cannot execute powers of a
court inspector two terms in a row.
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6. Judicial inspectors shall be sent to the Discipline Commission of Judges of Ukraine
for the term of their powers and can not execute their powers of the main
place of work.
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6. Court inspectors shall be
transferred to the Disciplinary
Commission of Judges of Ukraine for the
term of their office and cannot perform their professional duties at the main
place of work.
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7. Judicial inspectors shall conduct examinations in
courts according to the decision of the Discipline Commission of Judges of Ukraine. According to the results of
inspection in view of presence of the grounds, prescribed by the law, a judicial inspector shall initiate a disciplinary
inquiry concerning the judge.
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7. Court inspectors shall conduct
inspections in courts according to the decision of the Disciplinary Commission of Judges of
Ukraine. According to the results of inspection in view of presence of
grounds, prescribed by the law, court inspector shall initiate an institution
of disciplinary proceedings concerning the judge.
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Article 64. Provision of operation of the Discipline Commission of Judges of Ukraine and service of
judicial inspectors
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Article 66. Support of work of the Disciplinary Commission of Judges of Ukraine and service of court
inspectors
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1. In order to provide the operation of the Discipline Commission of Judges of Ukraine and service of judicial inspectors, there shall by a secretariat
of the Discipline
Commission of Judges of Ukraine created.
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1. To provide organisational support
to work of the Disciplinary
Commission of Judges of Ukraine and service of court inspectors a secretariat of the Disciplinary
Commission of Judges of Ukraine shall be created.
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2. The
Discipline Commission of Judges of Ukraine is
a legal entity, has its own Seal with the State Emblem of Ukraine and its
name, independent balance and accounts in bank establishments.
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2. The Disciplinary Commission of Judges of Ukraine shall be a legal entity, shall
have its own seal with the State Emblem of Ukraine and its name on it,
independent accounting balance and bank accounts.
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3. Members of the Discipline Commission of Judges of Ukraine, judicial inspectors shall
be provided with the compensation, provided by the legislation accordingly
for judges, employees of Ukrainian President’s staff, staff of Verkhovna Rada
of Ukraine,
the Ministry of Justice of Ukraine, and
prosecutors. Compensation shall be paid according to salaries for posts,
which they occupy in bodies they were sent from.
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3. Members of the Disciplinary
Commission of Judges of Ukraine, court inspectors shall be paid remuneration provided by the legislation
accordingly for judges, employees of the secretariat of the President of
Ukraine, secretariat of the Verkhovna Rada of Ukraine, the Ministry of Justice of Ukraine, and prosecutors. Compensation shall be paid
according to salaries for posts, which these persons occupied in bodies they
were transferred from.
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Resigned judges, lawyers, who are the members of the Discipline Commission of Judges of Ukraine
or judicial inspectors,
shall be paid compensation in amount of average salary of other members of
the Discipline Commission..
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Resigned judges, advocates, who are
members of the Disciplinary
Commission of Judges of Ukraine or court inspectors, shall be paid remuneration in amount of average
salary of other members of the Disciplinary
Commission.
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Compensation shall be paid from the State Budget of
Ukraine.
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Remuneration shall be paid from the
State Budget of Ukraine.
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Section V. JUDICIAL SELF-GOVERNMENT
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Section V. JUDICIAL SELF-GOVERNMENT
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Chapter 1. THE
PRINCIPLES OF JUDICIAL
SELF-GOVERNMENT
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Chapter 1. PRINCIPLES OF the JUDICIAL SELF-GOVERNMENT
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Article 65. Objectives of the judicial self-government authorities
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Article 67. Objectives of the judicial
self-government
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1. The judicial self-government exists for settling issues
of internal operations of courts in Ukraine, which
means independent collective resolution of matters, identified by
professional judges.
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1. The judicial self-government shall
exist for settling issues of internal operation of courts in Ukraine, which means autonomous collective resolution of such matters by
professional judges.
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2. The judicial self-government is
one of the most import guarantees of independence of courts and judges. Activity
of the judicial self-government authorities shall promote the creation of
adequate organizational and other conditions essential for normal operation
of courts and judges, firmly establish the independence of courts, protect
judges from interference into the judicial activity, and also raise the
quality of work with the court personnel.
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2. The
judicial self-government is one of the most important guarantees for ensuring
autonomy of courts and independence of judges. Activity of bodies of the judicial self-government
shall facilitate the creation of proper organisational and other conditions
essential for normal operation of courts and judges, establish the
independence of court, ensure protection of judges from interference into the
judicial activity, and also raise the quality of work with the court
personnel.
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3. Internal matters of court operation include issues of
organizational provision of courts and judges’ activities, social protection
of judges and their families, and other matters that are not directly
connected with execution of justice.
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3. Internal matters of courts’
operation shall include issues of organisational support of courts and
judges’ activities, social protection of judges and their families, and other
matters that are directly not connected with the administration of justice.
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4. Objectives of the judicial
self-government authorities in particular are as follows:
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4. Objectives
of the judicial self-government shall be as follows:
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1) to provide for organizational
unity of operation of judicial bodies; to strengthen the independence of courts,
to protect them from any interference into their operation;
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1) to
ensure organisational unity of judicial bodies functioning;
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2) to strengthen the independence
of courts, to protect them from interference into their functioning;
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2) to participate in determination
of the requirements concerning the personnel, financial, material, technical
and other kinds of support of courts, to exercise control over the observance
of fixed norms of such support;
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3) to
participate in the determination of needs in terms of personnel, financial,
material, technical and other kinds of support of courts, to exercise control
over the observance of fixed standards of such support;
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3) to deal with the matters
pertaining to the appointment of judges to the administrative posts,
appointment of the judges to the Constitutional Court of Ukraine, appointment
of the judges to the High Council of Justice, appointment of the judges to
the qualifications commissions of judges, and the Disciplinary Commission of
Judges of Ukraine;
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4) to deal
with the matters pertaining to the appointment of judges to the
administrative posts in courts, appointment of justices of the Constitutional
Court of Ukraine and judges to the High Council of Justice, appointment of
judges to the qualifications commissions of judges and the Disciplinary
Commission of Judges of Ukraine;
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4) to encourage judges and managerial
personnel of courts;
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5) to grant
benefits to judges and staff of courts;
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5) to
exercise control over operation of courts and other bodies within the court
system.
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6) to
exercise control over the organisation of work of courts and other bodies
within the judiciary.
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Article 66. Organizational
forms of the judicial self-government
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Article 68. Organisational
forms of the judicial self-government
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1. The organizational forms of the
judicial self-government include the meetings of judges, conferences of
judges, the Congress of Judges of Ukraine, councils of judges and their
executive bodies.
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1. The
organisational forms of the judicial self-government shall be: meetings of
judges, conferences of judges, the Congress of Judges of Ukraine, councils of
judges and their executive bodies.
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2. The judicial self-government in Ukraine is
implemented through:
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2. The
judicial self-government in Ukraine shall function through:
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1) the meetings of judges of a
local court, a court of appeal, a high specialized court, the Supreme Court
of Ukraine;
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1) meetings
of judges of a local court, a court of appeal, a high specialised court, the
Supreme Court of Ukraine;
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2) the conferences of judges of
local courts and the courts of appeal of the Autonomous Republic of the Crimea, regions [oblasts), the cities
of Kyiv and Sevastopol;
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2) conferences
of judges of local courts and the courts of appeal in the Autonomous Republic
of Crimea, oblasts, the cities of Kyiv and Sevastopol;
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3) the
Congress of Judges of Ukraine.
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3) the
Congress of Judges of Ukraine.
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3. The procedure of execution of judicial
self-government shall be determined according to the Constitution of Ukraine
and this Law, and other laws, and also by regulations and norms, approved by
bodies of the judicial self-government according to this Law.
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3. The order of functioning of the
judicial self-government shall be determined according to the Constitution of
Ukraine by this Law, other laws, and also by rules of procedure and
regulations that shall be approved by bodies of the judicial self-government
according to this Law.
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Chapter 2. MEETINGS
OF JUDGES
AND CONFERENCES OF JUDGES
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Chapter 2. MEETINGS OF JUDGES AND CONFERENCES OF JUDGES
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Article 67. The meeting of judges
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Article 69. Meeting of judges
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1. The meetings of judges shall be
understood as the meeting of judges of a relevant court at which they discuss
the issues of internal operation of this court and take the collective
decision on the issues under consideration.
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1. Meeting
of judges is the gathering of judges of the relevant court at which they
discuss the issues of internal operation of this court and take collective
decisions on the issues discussed.
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2. The meetings of judges of a
local court shall be convened by the chair of a relevant court both on
his/her initiative and at the request of at least two thirds of the total number of
judges of a given court.
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2. Meetings
of judges of a local court shall be convened by the president of the relevant
court upon his/her initiative or upon demand of at least one third of the total
number of judges of a given court.
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3. The meetings of judges of a
local court shall be convened as necessary but at least once in six months.
The meetings of judges of courts of appeal shall be convened at least once
within a period of three months.
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3. Meetings
of judges of a local court shall be convened as necessary but at least once
in six months. Meetings of judges of courts of appeal shall be convened at
least once in three months.
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4. A meeting of judges of a local court
shall be considered as duly competent if attended by at least two thirds of
the total number of judges of this court. The court staff and other persons
may be invited to attend the meeting of judges but only the judges of a given
court may take part in the vote.
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4. Meeting
of judges shall be considered as valid if attended by at least two thirds of
the total number of judges of this court. The court staff and other persons
may be invited to attend meetings of judges, but only judges of a given court
have the right to vote.
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5. The meeting of judges:
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5. Meetings of judges shall:
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1) shall consider the issues
concerning the internal operation of a court and its staff and make decisions
concerning these issues, which are mandatory for execution;
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1) discuss
issues which concern the internal operation of the court and its secretariat
and make decisions on these issues, which shall be mandatory for execution;
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2) shall hear the reports of judges
holding the administrative posts in a given court, head of the court
staff;
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2) hear
reports of judges holding the administrative posts in a given court and of the head of the court’s secretariat;
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3) shall approve the procedure of establishment of
boards of judges for consideration of cases and selection a chair among them,
order of substitution of judges in case of their absence;
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3) approve the procedure for
establishment of panels of judges for consideration of cases and for
determining a presiding judge, order of substitution of judges in case of
their absence;
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4) shall approve procedure and schedule of judges’
vocations;
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4) approve the procedure and schedule
for judges’ vacations;
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5) shall execute other powers
under the law.
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5) execute
other powers defined by the law.
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The meetings of local courts and the courts of
appeal will elect the delegates to relevant conferences of judges.
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Meetings of local courts and the
courts of appeal shall elect delegates to the relevant conferences of judges.
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6. The meetings of judges may
submit the proposals on settlement of the issues concerning the internal
operation of a court to the state bodies and local self-government
authorities which shall consider the proposals and comment on them.
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6. Meeting
of judges may submit proposals on the settlement of issues the operation of
the court to bodies of the state power and the local self-government
authorities which shall consider such proposals and provide reply on their
substance.
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7. The meetings of judges may
consider the practice of application of the laws in force, work out the
proposals on improvement of this practice and the laws in force, and submit
the proposals for consideration of the conferences of judges and the congress
of judges of Ukraine.
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7. Meeting
of judges may discuss the issues which concern the practice of application of
legislation, work out proposals to improve this practice and the legislation,
submit their proposals for consideration of conferences of judges and the
Congress of Judges of Ukraine.
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8. The meetings of judges may form
a council of a relative court and delegate their certain responsibilities to
it.
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8. Meeting
of judges may form a council of judges of the relative court and delegate its
certain powers thereto.
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Article 68. The meetings and powers of the meetings of judges of the
Supreme Court of Ukraine and high specialized courts
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Article 70. Meeting of judges of the
Supreme Court of Ukraine and meeting of judges of
the high specialised courts, their powers
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1. The meetings of judges of the
Supreme Court of Ukraine, the meetings of judges of high specialized court
shall be convened by the chair of a court or at the request of at least one
third of the total number of judges of a given court.
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1. Meeting
of judges of the Supreme Court of Ukraine, meeting of judges of the high
specialised court shall be convened by the president of the court [upon
his/her own initiative] or upon demand of at least one third of the total
number of judges of a given court.
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2. The meetings of judges of the
Supreme Court of Ukraine, the meetings of judges of a high specialized court
shall be convened as may be necessary but al least once a year.
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2. Meeting
of judges of the Supreme Court of Ukraine, meeting of judges of the high
specialised court shall be convened when necessary but al least once a year.
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3. The meetings of judges of the
Supreme Court of Ukraine and the meetings of judges of a high specialized
court shall be considered as duly competent if attended by more than a half
of the total number of judges of a given court. The managerial staff of a
court and other persons may be invited to attend the meetings of judges but
only the judges of a given court have the right to vote.
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3. Meeting
of judges of the Supreme Court of Ukraine and meeting of judges of the high
specialised court shall be considered as valid if attended by more than a
half of the total number of judges of a given court. The staff members of the
court and other persons may be invited to the meetings of judges, but only
judges of a given court have the right to vote.
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The meetings of judges shall consider the issues concerning the
internal operation of a court or the performance of individual judges and the
staffers of court staff and shall take the pertinent decisions binding for
the judges of a given court. The meetings shall hear the reports of judges
holding the administrative posts in a given court, also the reports presented
by heads of structural divisions of the court staff.
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4. Meetings of judges shall consider issues which
concern the internal operation of the court or work of individual judges and
the court’s staff members, and shall take on these issues decisions binding
for judges of a given court. Meetings shall hear reports of judges holding
the administrative posts in a given court and of the heads of structural
divisions of the court’s secretariat.
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The meetings of judges of the high specialized court and judges of the
Supreme Court of Ukraine may:
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5. Meeting of judges of the Supreme Court of Ukraine
and meeting of judges of the high specialised court shall:
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1)
submit the proposals for consideration of the Congress of Judges of Ukraine;
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1)
submit proposals for consideration by the Congress of Judges of Ukraine;
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2) choose delegates for Congress of Judges of Ukraine;
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2) elect delegates to the Congress of
Judges of Ukraine;
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3) appoint and dismiss from the post the head of the
court staff and his/her deputies;
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3) appoint to and dismiss from the
posts the head of the court’s secretariat and his/her deputies;
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4) approve staff regulations, general quantity and
structure of the staff;
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4) approve regulations on the court’s
secretariat, general number of staff members and the structure of the
secretariat;
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Article 69. Fulfillment of decisions made by the meetings of judges
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Article 71. Enforcement of decisions
taken by meetings of judges
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1. Fulfillment of decisions taken
by the meetings of judges shall be done by the chair of a relevant court as
ordered by the meetings.
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1. Enforcement
of decisions taken by meetings of judges shall be carried out by the
president of the relevant court as ordered by meetings.
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Article 70. Conferences of judges
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Article 72. Conferences of judges
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1. A conference of judges shall be
understood as a meeting of representatives of judges (delegates) of relevant
courts at which they discuss the operation of these courts and take a
collective decision on the issues under consideration.
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1. A
conference of judges is as a gathering of representatives of judges
(delegates) of relevant courts at which they discuss the operation of these
courts and take collective decisions on the issues discussed.
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2. A conference of judges of
relevant courts shall:
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2. Conference
of judges shall:
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1) discuss and settle the issues
concerning the financial and organizational support of operation of relevant
courts;
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1) discuss
and settle the issues which concern funding and organisational support of
work of relevant courts;
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2) hear the reports submitted by
the relevant bodies of a conference and the relevant boards of the State
Judicial Administration;
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2) hear
reports of executive
bodies of the conference, information of relevant departments of
the State Judicial Administration;
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3) hear the reports submitted by
the relevant regional qualifications commission of judges regarding their
work within the board;
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3) hear
reports of members of the relevant territorial qualifications commission of
judges regarding their work within the commission;
|
|
4) fix the number of members of a
council of judges and elect its members;
|
4) determine
the number of members of the council of judges and elect its members;
|
|
5) elect the members of relevant
regional qualifications commissions of judges;
|
5) elect
members of the relevant territorial qualifications commission of judges;
|
|
6) work out the proposals to be
submitted for consideration of the Congress of Judges of Ukraine;
|
6) work out
proposals for the consideration by the Congress of Judges of Ukraine;
|
|
7) submit the proposals to the
state bodies and local self-government authorities concerning the operation
of relevant courts;
|
7) submit
proposals to bodies of the state power and the local self-government
authorities concerning the operation of relevant courts;
|
|
8) elect the delegates to the
Congress of Judges of Ukraine;
|
8) elect
delegates to the Congress of Judges of Ukraine;
|
|
9) discuss
other issues falling within jurisdiction of the judicial self-government
authorities.
|
9) discuss other
issues falling within the competence of bodies of the judicial
self-government.
|
|
3. A conference of judges takes the
decisions binding for its executive bodies and the judges that hold the administrative
posts in relevant courts.
|
3. Conference
of judges shall take decisions binding for its executive body and judges of
relevant courts.
|
|
4. A conference of judges shall
elect the council of judges by open or secret ballot from among the delegates
of a conference; this council is an executive body of a conference of judges.
|
4. Conference
of judges shall elect by open or secret ballot from among delegates of the
conference the council of judges, which is an executive body of the
conference of judges.
|
|
Article 71. Convocation of the conferences of judges
|
Article 73. Convocation of conference
of judges
|
|
1. A conference of judges shall be
convened at least once a year by the decision made by a relevant council of
judges. A conference of judges may be also convened at the request of at
least on third of the delegates that attended the previous conference of
judges. Provided a council of judges avoids fulfilling the said request, the
persons who initiated the convocation of a conference (at least one third of
the delegates of the previous conference) shall set up the organizational
bureau for convocation a conference of judges. This bureau has the powers of
a council of judges concerning the convocation of a conference.
|
1. Conference
of judges shall be convened at least once a year by the decision of the
relevant council of judges. A conference of judges may also be convened upon
demand of at least one third of delegates of the latest conference of judges.
If the council of judges does not execute the said demand, the initiators of
the conference convocation (at least one third of the delegates of the latest
conference) shall set up an organisational bureau for convocation of the
conference of judges. This bureau shall have the powers of the council of
judges concerning the convocation of a conference.
|
|
2. The judges of relevant courts
shall be informed about the date of beginning of a conference and its agenda
not later than fifteen days before the beginning of a conference.
|
2. Judges
of relevant courts shall be notified of the date and time of the beginning of the
conference and its agenda not later than fifteen days prior to the beginning
of the conference.
|
|
Article 72. Procedure of holding the conferences of judges
|
Article 74. Procedure of holding
conference of judges
|
|
1. A conference of judges shall be
considered as duly competent if attended by at least two thirds of the total
number of delegates of relevant courts. A conference may also be attended by
the judges who are not the delegates to a conference.
|
1. A conference
of judges shall be considered as valid if attended by at least two thirds of
the total number of delegates from relevant courts. The conference may also
be attended by judges who are not delegates to the conference.
|
|
2. The delegates to a conference
shall be elected by the meetings of judges through secret or open ballot on
an alternative basis with free nomination of the persons for election as the
delegates to a conference.
|
2. Delegates
to the conference shall be elected by meetings of judges by secret or open
ballot on an alternative basis with free nomination of candidates.
|
|
3. A conference of judges is
usually opened by the chair of a relevant council of judges; provided a
conference has been convened not by the decision of a council of judges, it
shall be opened by the authorized representative of the organizational bureau
for convocation of a conference of judges.
|
3. A
conference of judges shall be opened by the chair of the relevant council of
judges and if the conference has been convened not by the decision of the
council of judges – by the authorised representative of the organisational
bureau for the convocation of the conference of judges.
|
|
4. A conference of judges shall
elect by open ballot from among the delegates to a conference the presidium
of a conference and other working bodies of a conference; the number of
members of the presidium is fixed by the decision of a conference. The
presidium shall supervise the work of a conference of judges.
|
4. A
conference of judges shall elect by open ballot from among delegates to the
conference the presidium of the conference in the number decided by the
conference’s decision and shall elect other working bodies of the conference.
The presidium shall manage the work of the conference of judges.
|
|
5. A conference of judges shall
approve the agenda of a conference and its regulations.
|
5. A
conference of judges shall approve its agenda and rules of procedure.
|
|
6. A conference of judges may be
attended by representatives of the state bodies, local self-government
authorities, educational and scientific institutions, law-enforcement bodies,
public organizations.
|
6. A
conference of judges may be attended by representatives of bodies of the
state power, the local self-government authorities, educational and
scientific institutions, law enforcement bodies, and civic organisations.
|
|
7. The decision of a conference of
judges shall be taken by a majority of votes of the delegates to a conference
by open or secret ballot.
|
7. The
decision of a conference of judges shall be taken by a majority of votes of
delegates to the conference by open or secret ballot.
|
|
8. Other issues of holding a
conference of judges are specified by the regulations of a relevant
conference of judges.
|
8. Other
issues of holding a conference of judges shall be determined by the rules of
procedure of the relevant conference of judges.
|
|
Article 73. The councils of judges
|
Article 75. Councils of judges
|
|
1. Within the period between the
conferences of judges the functions of a judicial self-government shall be
performed by a relevant council of judges.
|
1. In
between the conferences of judges the functions of the judicial
self-government shall be performed by the relevant council of judges.
|
|
2. A council of judges shall elect
from among its members the chair, deputy chair and secretary of a council of
judges.
|
2. A
council of judges shall elect from among its members the chair, the deputy
chair and the secretary of the council of judges.
|
|
3. Within the period between the
conferences of judges a council of judges shall provide for execution of the
decisions taken by a conference and control over their observance, also
decide on convocation of the next conference. The powers and operation of a
council of judges shall be specified by this Law and the regulations of a
council of judges approved by a conference of judges.
|
3. In
between the conferences of judges a council of judges shall organise the
control over the enforcement of decisions taken by the conference and shall
settle issues concerning the convocation of the next conference. The powers
and mode of operation of council of judges shall be specified by this Law and
the regulations on the council approved by the conference of judges.
|
|
4. A council of judges shall:
|
4. Council
of judges shall:
|
|
1) exercise control over the
operation of relevant regional department of the State Judicial Administration
of Ukraine, not less than once a year hear the progress reports of a chair of
the regional department of the State Judicial Administration of Ukraine
regarding provision of operation of general jurisdiction courts;
|
1) exercise
control over activity of the relevant territorial department of the State
Judicial Administration of Ukraine and at least once a year hear information
of the head of such department regarding the support of work of general
jurisdiction courts;
|
|
2) consider the issues of legal and
social protection of judges, provision of consumer and household services for
judges and their families, and take the decisions to this effect;
|
2) consider
issues of legal and social protection of judges, provision of household needs
of judges and their families, and take decisions to this effect;
|
|
3) submit to the Council of Judges of Ukraine proposals
of candidates to fill in positions of chairs and deputy chairs of relevant
courts;
|
3) submit to the Council of Judges of
Ukraine proposals for candidates to the posts of presidents and deputy
presidents of relevant courts;
|
|
4) submit the proposals on
operation of relevant courts for consideration of the state bodies and local
self-government authorities;
|
4) submit
proposals on the operation of relevant courts for consideration of bodies of
the state power and the local self-government authorities;
|
|
5) take
other decisions falling within the limits of its power.
|
5) take other
decisions falling within its competence.
|
|
5. The decisions taken by a council
of judges shall be binding for the judges holding the administrative posts on
relevant courts. Decision of a council of judges may be canceled only by a
conference of judges and suspended by the decision of the Council of Judges
of Ukraine.
|
5. Decisions
of council of judges shall be binding for judges holding the administrative
posts in relevant courts. Decision of council of judges may be revoked only
by a conference of judges and suspended by the decision of the Council of
Judges of Ukraine.
|
|
Chapter 3. THE
HIGHEST JUDICIAL
SELF-GOVERNMENT AUTHORITIES
|
Chapter 3. THE HIGHEST JUDICIAL
SELF-GOVERNMENT AUTHORITIES
|
|
Article 74. The Congress of Judges of Ukraine
|
Article 76. The Congress of Judges of Ukraine
|
|
1. The highest judicial
self-government authority is the Congress of Judges of Ukraine.
|
1. The
Congress of Judges of Ukraine shall be the highest body of the judicial
self-government.
|
|
2. The Congress of Judges of
Ukraine shall:
|
2. The
Congress of Judges of Ukraine shall:
|
|
1) hear the report of the Council
of Judges of Ukraine on fulfilling the tasks of the judicial self-government
authorities, the state of affairs in the field of financial and
organizational support of courts operations;
|
1) hear
reports of the Council of Judges of Ukraine on fulfilling the tasks of bodies
of the judicial self-government, on the state of affairs in the field of
financial and organisational provision of courts;
|
|
2) hear the progress reports of
the High Council of Justice, the Disciplinary Commission of Judges of
Ukraine, High Qualifications Commission of Judges of Ukraine and Head of the
State Judicial Administration of Ukraine about their activity, may express
mistrust to the Head of the State Judicial Administration of Ukraine;
|
2) hear
information of the High Council of Justice, the Disciplinary Commission of
Judges of Ukraine, the High Qualifications Commission of Judges of Ukraine
and the Head of the State Judicial Administration of Ukraine about their
activity, may express no-confidence to the Head of the State Judicial Administration
of Ukraine;
|
|
3) appoint and dismiss the judges
of the Constitutional Court of Ukraine in compliance with the Constitution of
Ukraine and the law;
|
3) appoint
and dismiss justices of the Constitutional Court of Ukraine in compliance
with the Constitution of Ukraine and the law;
|
|
4) appoint members of the High Council of Justice and
make decisions on termination of their powers according to the Constitution
of Ukraine and the law;
|
4) appoint members of the High Council
of Justice and decide on the termination of their offices according to the
Constitution and laws of Ukraine;
|
|
5) appoint and dismiss the
members of the High Qualifications Commission of Judges of Ukraine and
Discipline Commission of Judges of Ukraine;
|
5) appoint
members of the High Qualifications Commission of Judges of Ukraine and of the
Disciplinary Commission of Judges of Ukraine;
|
|
6) submit the proposals on
operation of courts for consideration of the state bodies and officials;
|
6) submit
proposals on the resolution of issues pertaining to the operation of courts
for the consideration by bodies of the state power and their officials;
|
|
7) determine the number of members
of the Council of Judges of Ukraine and elect the Council of Judges of
Ukraine;
|
7) determine
the number of members of the Council of Judges of Ukraine and elect its
members;
|
|
8) consider
other issues pertaining to the judicial self-government.
|
8) consider other
issues of the judicial self-government.
|
|
3. The Congress of Judges of Ukraine takes
the decisions that shall be binding for all judicial self-government
authorities and all professional judges.
|
3. The
Congress of Judges of Ukraine shall take decisions binding for all bodies of the
judicial self-government and all professional judges.
|
|
Article 75. Convocation of the Congress of Judges of Ukraine
|
Article 77. Convocation of the Congress
of Judges of Ukraine
|
|
1. A regular Congress of Judges of
Ukraine shall be convened by the Council of Judges of Ukraine once in three
years. An extraordinary Congress of Judges of Ukraine may be also convened at
the request of at least one third of the delegates to a conference of judges,
or at the request of a general meeting of the Supreme Court of Ukraine.
|
1. A
regular Congress of Judges of Ukraine shall be convened by the Council of
Judges of Ukraine once in three years. An extraordinary Congress of Judges of
Ukraine may be convened also upon demand of at least one third of the
conferences of judges or upon demand of the meeting of judges of the Supreme
Court of Ukraine.
|
|
2. The Council of Judges of Ukraine shall
decide on convocation of a regular or an extraordinary congress, approve the
preliminary agenda of a congress, and fix the date and the place of holding a
congress and the norm of representation of judges at it.
|
2. The
Council of Judges of Ukraine shall decide on the convocation of a regular or
an extraordinary congress, approve its preliminary agenda, and determine the
date and place of holding the congress and the norm of representation of
judges at it.
|
|
3. The President of Ukraine,
People's Deputies of Ukraine, Commissioner for human rights of the Verkhovna
Rada of Ukraine, members of the High Council of Justice, representatives of
the Government and other central state bodies, representatives of scientific and
educational institutions, public organizations, and other persons may be
invited to participate in the work of a Congress of Judges of Ukraine.
|
3. The
President of Ukraine, people's deputies of Ukraine, Commissioner of the
Verkhovna Rada of Ukraine for Human Rights, members of the High Council of
Justice, representatives of the Cabinet of Ministers of Ukraine, other bodies
of the state power, representatives of scientific and educational
establishments and institutions, civic organisations, and other persons may
be invited to participate in the work of the Congress of Judges of Ukraine.
|
|
4. Provided the Council of Judges
of Ukraine does not convene the Congress of Judges at the request of
conferences or meetings of judges as per part one of this Article, the
initiators of convocation of an extraordinary congress will set up the
organizational committee for convocation of a Congress of Judges of Ukraine
that shall have the powers of the Council of Judges of Ukraine concerning the
convocation of a Congress. In this case the organizational committee shall,
without any delay, publish the information about its establishment in
official printed mass media and fix the date of holding an extraordinary
congress of judges not before than two months from the day of establishment
of the organizational committee.
|
4. If the
Council of Judges of Ukraine does not convene the Congress of Judges upon the
demand of conferences or the meeting of judges as provided for in paragraph 1
of this Article, the initiators of convocation of the extraordinary congress
shall set up an organisational committee for convocation of the Congress of
Judges of Ukraine that shall have the powers of the Council of Judges of
Ukraine concerning the convocation of the Congress. In this case the organisational
committee shall, without any delay, publish the information about its
establishment in official printed mass media and shall determine the date of
holding the extraordinary Congress of Judges which shall not be earlier than
two months after the day of establishment of the organisational committee.
|
|
5. The judges of all courts shall
be informed about the date of holding a Congress of Judges of Ukraine and its
agenda not later than 30 days before the beginning of a congress.
|
5. Judges
of all courts shall be notified of the date of holding the Congress of Judges
of Ukraine and its agenda not later than 30 days prior to the beginning of
the Congress.
|
|
Article 76. Election of delegates to a Congress of Judges of Ukraine
|
Article 78. Election of delegates to
the Congress of Judges of Ukraine
|
|
1. The delegates to a Congress of
Judges of Ukraine shall be elected by the conferences of judges, while
the delegates from high specialized courts and the Supreme Court of Ukraine
shall be elected by the meeting of this court in accordance with the norm of
representation fixed by the Council of Judges of Ukraine. The
general meeting of the judges of the Constitutional Court of Ukraine shall
elect three delegates from among the judges of this court to a Congress of
Judges of Ukraine.
|
1. Delegates
to the Congress of Judges of Ukraine shall be elected by conferences of
judges, while delegates from high
specialised courts and the Supreme Court of Ukraine – by meetings of these
courts in accordance with the norm of representation determined by the
Council of Judges of Ukraine. The
meeting of justices of the Constitutional Court of Ukraine shall elect from
among justices of this court three delegates to the Congress of Judges of
Ukraine.
|
|
2. The delegates to a congress of
judges of Ukraine
shall be elected by open or secret ballot, on an alternative basis with free
nomination for election.
|
2. Delegates
to the Congress of Judges of Ukraine shall be elected by open or secret
ballot, on an alternative basis with free nomination of candidates.
|
|
Article 77. The procedure of holding a Congress of Judges of Ukraine
|
Article 79. Procedure for holding the
Congress of Judges of Ukraine
|
|
1. A Congress of Judges of Ukraine shall be
considered as legally competent if attended by at least two thirds of the
total number of elected delegates.
|
1. The Congress
of Judges of Ukraine shall be considered as valid if attended by at
least two thirds of the total number of elected delegates.
|
|
2. A Congress of Judges of Ukraine
shall be opened by Chair of the Council of Judges of Ukraine; In case of
absence of the Chair this shall be done by the Deputy Chair or Secretary of
the Council of Judges of Ukraine.
|
2. The
Congress of Judges of Ukraine shall be opened by the Chair of the Council of
Judges of Ukraine and if the latter is absent – by the Deputy Chair or the
Secretary of the Council of Judges of Ukraine.
|
|
3. A Congress shall elect by open
ballot the Congress presidium whose membership is fixed by a congress. The
presidium shall supervise the work of a Congress of Judges of Ukraine.
|
3. The
Congress shall elect by open ballot the presidium of the Congress in the
number determined by the decision of the Congress. The presidium shall manage
the work of the Congress of Judges of Ukraine.
|
|
4. A Congress shall discuss and
approve its agenda and internal regulations, elect the credentials
commission, secretariat and other working bodies.
|
4. The
Congress shall discuss and approve its agenda and rules of its procedure,
shall elect the credentials commission, secretariat and its other working
bodies.
|
|
5. The work of a Congress of Judges
of Ukraine shall be duly recorded.
|
5. The work
of the Congress of Judges of Ukraine shall be recorded in minutes.
|
|
6. The decisions of the Congress of
Judges of Ukraine shall be taken by a majority of votes by open or secret
ballot. The issues indicated in Items 3-5, Part 2, Article 74 of this Law
shall be settled by secret ballot.
|
6. Decisions
of the Congress of Judges of Ukraine shall be taken by a majority of votes of present delegates
by open or secret ballot. Items indicated in subparagraphs 3-5 of paragraph 2
of Article 76 of this Law shall be decided by secret ballot.
|
|
7. Other issues relating to the
procedure of holding a Congress of Judges of Ukraine shall be regulated by
the internal regulation of a Congress of Judges of Ukraine approved by a
Congress.
|
7. Other
issues relating to the order of holding the Congress of Judges of Ukraine
shall be regulated by rules of procedure of the Congress of Judges of Ukraine
approved by the Congress.
|
|
Article 78. The Council of Judges of Ukraine
|
Article 80. The Council of Judges of Ukraine
|
|
1. The Council of Judges of Ukraine shall be
the highest judicial self-government authority within the period between the
congresses of judges of Ukraine.
|
1. The
Council of Judges of Ukraine shall be the highest body of the judicial
self-government in between the holding of Congresses of Judges of Ukraine.
|
|
2. The Council of Judges of Ukraine
shall be elected by a Congress of Judges of Ukraine of thirty tree
members;
|
2. The
Council of Judges of Ukraine shall be elected by the Congress of Judges of
Ukraine and comprise thirty tree members.
|
|
The proposals on nomination of the candidates to
the Council of Judges of Ukraine may be submitted by the delegations from a
conference or a meeting of judges, also by individual delegates of the
Congress with the following quota:
|
Proposals for candidates to the
Council of Judges of Ukraine may be submitted by delegations of conferences
or meetings of judges, as well as by individual delegates of the Congress
with the following quotas:
|
|
1) one representative from the Constitutional Court of
Ukraine;
|
1) one representative from the
Constitutional Court of Ukraine;
|
|
2) one representative from each Judicial Chamber of the
Supreme Court of Ukraine;
|
2) one representative from each
Judicial Chamber of the Supreme Court of Ukraine;
|
|
3) two representatives from each high specialized court;
|
3) two representatives from each high
specialised court;
|
|
4) two representatives from economic courts of appeal;
|
4) two representatives from economic
courts of appeal;
|
|
5) two representatives from administrative courts of
appeal;
|
5) two representatives from
administrative courts of appeal;
|
|
6) two representatives from judicial chambers of
criminal cases in courts of appeal;
|
6) two representatives from judicial
chambers in criminal cases of the courts of appeal;
|
|
7) two representatives from judicial chambers of civil
cases in courts of appeal;
|
7) two representatives from judicial
chambers in civil cases of the courts of appeal;
|
|
8) two representatives from circuit criminal courts;
|
8) two representatives from circuit
criminal courts;
|
|
9) two representatives from circuit economic courts;
|
9) two representatives from circuit
economic courts;
|
|
10) two representatives from circuit administrative
courts;
|
10) two representatives from circuit
administrative courts;
|
|
11) five representatives from
district courts.
|
11) five
representatives from divisional courts.
|
|
Judges that occupy administrative positions may not be
included in the Council of Judges of Ukraine.
|
Judges that occupy administrative
posts cannot be members of the Council of Judges of Ukraine.
|
|
3. Members of the Council of Judges
of Ukraine shall elect at its meeting from among its members the Chair of the
Council of Judges of Ukraine, Deputy Chair and Secretary, as well as the
presidium of the Council of Judges of Ukraine. The presidium members and
their number are fixed by the Council of Judges of Ukraine pursuant to the provisions
about the Council of Judges of Ukraine.
|
3. Members
of the Council of Judges of Ukraine shall elect at its meeting from among its
members the Chair of the Council of Judges of Ukraine, the Deputy Chair and
the Secretary, as well as the presidium of the Council of Judges of Ukraine.
The members of the presidium and their total number shall be determined by
the Council of Judges of Ukraine pursuant to the regulations on the Council
of Judges of Ukraine.
|
|
4. Within the period between the
congresses, the Council of Judges of Ukraine shall provide for control and
execution of the Congress decisions, also decide on the convocation of a
congress. The powers and procedure of work of the Council of Judges of
Ukraine are determined by this Law and the provisions on the Council of
Judges of Ukraine approved by a Congress of Judges of Ukraine.
|
4. In
between the Congresses, the Council of Judges of Ukraine shall organise the
control over enforcement of the Congress’ decisions and shall decide on the
convocation of the Congress. Powers and procedure of work of the Council of
Judges of Ukraine shall be determined by this Law and the regulations on the
Council of Judges of Ukraine that shall be approved by the Congress of Judges
of Ukraine.
|
|
5. The Council of Judges of Ukraine shall:
|
5. The
Council of Judges of Ukraine shall:
|
|
1) provide for taking the measures
essential for independence of courts and judges, improvement of the
organizational support of courts;
|
1) elaborate and organise the execution of measures to ensure the independence
of judges, improvement of the organisational support of courts’ activity;
|
|
2) approve the procedure of distribution of cases among
judges according to their specialization, norms of caseload of judges,
coefficients of case complication, etc;
|
2) approve the procedure for
distribution of cases among judges taking into account their specialisation, the caseload rate per one judge, coefficients of case complexity, etc.;
|
|
3) consider the issues on legal and
social protection of judges and their families, take the decisions to this
effect;
|
3) consider
issues of legal protection of judges, social protection of judges and their
families, take decisions to this effect;
|
|
4) exercise control over the
operation of courts and the State Judicial Administration of Ukraine, hear
the progress reports of court chairs and officials of the State Judicial
Administration of Ukraine;
|
4) exercise
control over the organisation of courts’ work and activities of the State
Judicial Administration of Ukraine, hear information of court presidents and
officials of the State Judicial Administration of Ukraine about their
activity;
|
|
5) review complaints of judges on the chairs of courts,
their deputies, heads of judicial chambers and other officials;
|
5) review complaints of judges on the
presidents of courts, their deputies, chairs of judicial chambers and other
officials, as well as
other information from judges concerning threats to their independence and
take appropriate measures after the consideration (dismiss a judge from the
administrative post, inform relevant state bodies about the grounds for
criminal, disciplinary or other liability, announce declarations on behalf of
the judges’ corps on the facts of infringement of judge’s independence,
address international organisations with relevant information, etc.);
|
|
|
6)
adopt the caseload rate per one judge in courts of all levels;
|
|
6) appoint to their positions chairs of local, appeal,
high specialized courts and deputy chairs of appeal and high specialized court
and dismiss them from the posts;
|
7) appoint to and dismiss from the
posts of presidents of local courts, courts of appeal, high specialised
courts and deputy presidents of courts of appeal and high specialised courts;
|
|
7) hear the reports on the work of
members of the High Qualifications Commission of Judges of Ukraine, the
Discipline Commission of Judges of Ukraine, appointed by the Congress of
Judges of Ukraine (Council of Judges of Ukraine);
|
8) hear
reports on the work of members of the High Qualifications Commission of
Judges of Ukraine, the Disciplinary Commission of Judges of Ukraine,
appointed by the Congress of Judges of Ukraine (the Council of Judges of
Ukraine);
|
|
8) submit the proposals pertaining
to the operation of courts for consideration of the state bodies and local
self-government authorities;
|
9) submit
proposals on the settlement of issues pertaining to the operation of courts
for consideration of bodies of the state power and the local self-government
authorities;
|
|
9) have the right to suspend the
decisions made by the councils of judges that doesn’t’ correspond to the
Constitution of Ukraine and the laws in force, or run counter to the decisions of the
Council of Judges of Ukraine.
|
10) have the
right to suspend decisions of councils of judges that does not comply with
the Constitution and laws of Ukraine, or run counter to the decisions of the Congress
of Judges of Ukraine;
|
|
10) make other decisions under
their jurisdiction.
|
11) take
other decisions on the issues which fall under their competence.
|
|
6. The decisions taken by the
Council of Judges of Ukraine shall be binding for all judicial
self-government authorities. A decision of the Council of Judges of Ukraine
may be canceled by a Congress of Judges of Ukraine.
|
6. Decisions
of the Council of Judges of Ukraine shall be binding for all bodies of the
judicial self-government. Decision
of the Council of Judges of Ukraine can be revoked by the Congress of Judges
of Ukraine.
|
|
Article 79. Support of operation of the judicial self-government
authorities
|
Article 81. Support of operation of bodies of
the judicial self-government
|
|
The work of a Congress of Judges of Ukraine, the
activities of the Council of Judges of Ukraine, the conferences of judges and
the councils of judges shall be financially backed by the State Judicial Administration
from the State Budget of Ukraine as per Section VI of this Law.
|
Work of the Congress of Judges of
Ukraine, activities of the Council of Judges of Ukraine, conferences
of judges and councils of judges shall be supported by the State Judicial
Administration of Ukraine and its territorial departments at the cost of the State
Budget of Ukraine in accordance with requirements of Section VI of this Law.
|
|
|
|
|
Section VI. SUPPORT
OF COURTS AND OTHER ISSUES PERTAINING TO THE JUDICIARY
|
Section VI. Organisational
provision OF COURTS’ functioning
AND OTHER ISSUES OF THE JUDICIARY
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Chapter 1. GENERAL
ISSUES OF SUPPORT OF COURTS
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Chapter 1. GENERAL ISSUES OF PROVISION OF COURTS’ functioning
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Article 80. Peculiarities of functioning of the judicial power
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Article 82. Peculiarities of provision
of functioning of the judicial power
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1. According to the Constitution of Ukraine, financing
and adequate conditions for court and functioning and operation of judges is
provided by the state.
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1. According to the Constitution of
Ukraine, financing and adequate conditions for courts’ functioning and work
of judges shall be ensured by the State.
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2. Support of functioning of the judicial power provides
for:
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2. Provision of functioning of the
judicial power shall include:
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1) separate identification in the State Budget of
Ukraine of costs for financing courts not lower the level , that provides
full and independent administration of justice according to the law;
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1) separate earmarking in the State
Budget of Ukraine of expenses for financing courts not lower than the level
that ensures the possibility of full and independent administration of
justice according to the law;
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2) legislative guaranty of complete and timely financing
of courts;
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2) legislative guarantees of complete
and timely financing of courts;
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3) guaranty of a sufficient
level of social provision of judges.
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3) guaranteeing
of a sufficient level of social protection of judges.
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Article 81. The system of support of judicial power
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Article 83. The system of provision of
functioning of the judicial power
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1. The single system shall be
available in Ukraine
to support the judicial power represented by the courts of general
jurisdiction and the Constitutional Court of Ukraine.
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1. A single
system for provision of functioning of the judicial power – the courts of
general jurisdiction and the Constitutional Court of Ukraine – shall be
available in Ukraine.
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2. The state body in charge of the
organizational support of courts shall be the State judicial administration
of Ukraine that is
created and functions pursuant to this Law. According to this Law the
organizational support of courts shall include the measures of financial,
material, technical, personnel, informational and organizational-technical
nature aimed at creation of the conditions for adequate and independent
administration of justice.
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2. The organisational provision of courts’
functioning shall be carried out by the state judicial administration which
shall be set up and operate in accordance with this Law. According
to this Law, the organisational provision of courts’ functioning shall
include measures of financial, material, technical, staffing, informational
and organisational nature which shall be aimed at the creation of conditions
for adequate and independent administration of justice.
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3. Judicial bodies and other
state executive bodies may participate in the support of operation of courts
in the manner prescribed by this and other laws.
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3. Judicial bodies and other bodies of the state power shall participate in
the organisational provision of operation of courts in cases and in manner
prescribed by this and other laws.
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The procedure of organizational support of
operation of the Constitutional Court of Ukraine shall be established by this
Law, the Law of Ukraine
"On the Constitutional Court of Ukraine", and other laws.
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The manner of organisational
provision of operation of the Constitutional Court of Ukraine shall be
established by this Law, the Law of Ukraine "On the Constitutional Court of Ukraine",
and other laws.
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Article 82. Principles of funding the courts
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Article 84. Principles of courts
funding
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1. All courts in Ukraine shall be
financially backed from the State Budget of Ukraine.
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1. All
courts in Ukraine shall be financed from the State Budget of Ukraine.
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2. The functions of the main
manager of the funds of the State Budget of Ukraine allocated for the
financial support of courts shall be performed by:
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2. Functions
of the principal administrator of budget appropriations allocated for the
financial provision of courts shall be performed by:
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1) the staff of the Supreme Court
of Ukraine, the Constitutional Court of Ukraine, the high specialized courts
– concerning the financial support of these judicial institutions;
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1) secretariats
of the Supreme Court of Ukraine, the Constitutional Court of Ukraine and the
high specialised courts – for the financial provision of these judicial
institutions;
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2) the State Judicial
Administration of Ukraine concerning the financial support of all other
courts of general jurisdiction, also the financial support of the
qualifications commissions of judges of all levels, the Discipline Commission
of Judges of Ukraine, the judicial self-government authorities, the State
Judicial Administration of Ukraine and its regional departments, National
School of Judges of Ukraine.
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2) the
State Judicial Administration of Ukraine – for the financial provision of all
other courts of general jurisdiction, as well as for the financial provision
of the qualifications commissions of judges of all levels, the Disciplinary
Commission of Judges of Ukraine, bodies of the judicial self-government, the
State Judicial Administration of Ukraine and its territorial departments,
National School of Judges of Ukraine.
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3. The costs for support of courts in the State Budget
of Ukraine are identified by separate lines:
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3. Expenditures for maintenance of
courts shall be specified in the State Budget of Ukraine as separate
budgetary allocations for:
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1) district courts;
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1) divisional courts;
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2) circuit courts of relevant jurisdiction;
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2) circuit courts of relevant
jurisdiction;
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3) courts of appeal of relevant jurisdiction;
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3) courts of appeal of relevant
jurisdiction;
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4) every high specialized court;
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4) every high specialised court;
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5) the Supreme Court of Ukraine;
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5) the Supreme Court of Ukraine;
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6) the Constitutional Court of
Ukraine.
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6) the
Constitutional Court of Ukraine.
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The costs for support of operation of qualifications
commissions of judges, the Disciplinary Commission of Judges of Ukraine,
bodies of the judicial self-government, the National School of Judges of Ukraine in the
State Budget of Ukraine are identified by separate lines.
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The expenditures for provision of
functioning of the qualifications commissions of judges, the Disciplinary
Commission of Judges of Ukraine, bodies of the judicial self-government, the
National School of Judges of Ukraine shall also be specified in the State Budget of Ukraine as separate
budgetary allocations.
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Costs for maintenance of courts in the State Budget of
Ukraine can not be cut during the current financial year.
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Expenditures for maintenance of courts
in the State Budget of Ukraine cannot be curtailed during the current
financial year.
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4. The State Judicial Administration of Ukraine shall
develop and approve in accordance of the Council of Judges of Ukraine unified
norms of financial provision of general jurisdiction courts. The norms shall
be handed over to each court and have to be reviewed at least once in three
years. The cost estimate of expenses for maintenance of each court shall be
approved according to approved norms.
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4. The State Judicial Administration
of Ukraine shall prepare and approve in agreement with the Council of Judges of
Ukraine unified norms of financial provision of general jurisdiction courts.
The norms shall be notified to each court and shall be reviewed at least once
in three years. The cost estimate of expenditures for maintenance of each
court shall be approved on the basis of the said norms.
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5. The responsibility for financial support of operation
of each court according to the approved norms shall be bore by the State
Judicial Administration. The control over execution of requirements of this
Law regarding funding of courts shall be executed by the Council of Judges of
Ukraine, and also by the bodies of the state government, assigned by the law.
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5. The responsibility for financial
provision of operation of each court according to the approved norms shall be
laid upon the State Judicial Administration. The control over adherence to
requirements of this Law regarding funding of courts shall be executed by the
Council of Judges of Ukraine, and also by the bodies of state power defined
by the law.
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6. Peculiarities
of preparation and consideration of the draft law on the State Budget of
Ukraine with regard to the financing of courts, other bodies and institutions
of the judiciary shall be determined by the Budget Code of Ukraine.
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Article 83. The procedure of funding the courts
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Article 85. Procedure of courts funding
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1. The courts of general
jurisdiction shall be funded on the basis of the cost estimates and monthly
lists of the expenditures approved pursuant to this Law within the limits of
annual amount of expenditures fixed by the State Budget of Ukraine for a
current fiscal year in the manner prescribed by the Budget Code of Ukraine.
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1. Courts
of general jurisdiction shall be funded on the basis of the cost estimates
and monthly lists of expenditures approved pursuant to this Law within the
limits of annual amount of expenditures fixed by the State Budget of Ukraine
for current fiscal year in the manner prescribed by the Budget Code of
Ukraine.
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2. The expenditures for the
maintenance of courts shall, not later than the tenth day of each month, be
transferred by the bodies of the State treasury of Ukraine to the accounts of
the Supreme Court of Ukraine, the Constitutional Court of Ukraine, the high
specialized courts and accounts of State Judicial Administration of Ukraine
and its regional departments - for financing other courts, bodies and
institutions specified by item 2, article 82 of this Law.
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2. Expenditures
for maintenance of courts shall not later than the tenth day of each month be
transferred by the bodies of the State Treasury of Ukraine to accounts of the
Supreme Court of Ukraine, the Constitutional Court of Ukraine, the high
specialised courts and accounts of the State Judicial Administration of
Ukraine and its territorial departments for financing of bodies and institutions
specified in subparagraph 2 of paragraph 2 of Article 84 of this Law.
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3. Provided the State Budget of
Ukraine for a current fiscal year has not been adopted, the courts shall be
financed according to the procedure prescribed by the Budget Code of Ukraine.
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3. If the
State Budget of Ukraine for current fiscal year has not been adopted, courts
shall be financed according to the procedure prescribed by the Budget Code of
Ukraine.
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Article 84. Material and technical support of the courts
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Article 86. Material and technical
provision of courts
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1Circuit, appeal, high specialized courts and the
Supreme Court of Ukraine are legal entities, have Seal with the State Emblem
of Ukraine with its name, independent balance and bank accounts. A court as a
legal entity is represented by the head of the staff.
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1. Local, appellate, high specialised courts
and the Supreme Court of Ukraine shall be legal entities, have a seal with
the State Emblem of Ukraine and their name on it, separate accounting balance
and bank accounts. A court as a legal entity shall be represented by the head
of its secretariat.
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2. The
material and technical support of local courts and courts of appeal shall be
provided by the regional departments of the State Judicial Administration of
Ukraine and conducted within the limits of the cost estimate for the
maintenance of a given court.
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2. The material and technical provision of local courts and
courts of appeal shall be provided by the territorial departments of the
State Judicial Administration of Ukraine and be carried out within the limits
of the cost estimate for the maintenance of a given court.
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3. The courts and other judicial
institutions having the status of a legal entity shall provide for their
current needs either independently or on the basis of individual orders
through the State Judicial Administration of Ukraine and its regional
departments. The expenditures essential for overhauls, reconstruction and
construction of the premises for courts, also other capital expenditures
shall be executed through the State Judicial Administration of Ukraine and
its regional departments.
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3. The
courts and other judicial institutions having the status of a legal entity
shall provide for their everyday needs either independently or on the basis
of individual orders through the State Judicial Administration of Ukraine and
its territorial departments. The expenditures for major overhaul,
reconstruction and construction of new premises for courts, as well as other
capital expenditures shall be executed through the State Judicial
Administration of Ukraine and its territorial departments.
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Article 85. Salaries, consumer services, social protection of judges
and employees of judicial system
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Article 87. Material, everyday provision and social
protection of judges and employees of the judicial system
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1. The amount of judicial salary
shall be adequate for their financial independence and fixed pursuant to the
Law of Ukraine
"On the Status of Judges" and shall not be reduced.
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1. The rate
of judge’s remuneration shall ensure financial independence of a judge, shall be determined by the Law of Ukraine "On the Status of Judges" and shall not
be reduced.
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2. The amount of salaries of the
staffers of court staff and the State Judicial Administration of Ukraine and its
regional departments, the consumer and household services rendered to them
and the level of their social protection are specified by the law on the
state service and other enactments. The said amount shall not be less than
that of the relevant categories of civil servants engaged in the system of
legislative and executive power.
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2. The rate
of salaries of staff members of court secretariat and the State Judicial
Administration of Ukraine and its territorial departments, their household
provision and level of social protection shall determined by the law on civil
service, other legal normative acts and shall not be less than that of
relevant categories of civil servants in the system of legislative and
executive power.
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3. The amount of salaries of the employees
of the National High School of Judges of Ukraine, the consumer and household
services rendered to them and the level of their social protection shall not
be less than that of the relevant categories of civil servants of the State
Judicial Administration of Ukraine, and salaries of staffers in the academic
field shall not be less than the salary of a judge of the circuit court.
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3. The rate
of salaries of staff members of the National School of Judges of Ukraine,
their household provision and level of social protection shall not be less
than that of the relevant categories of civil servants of the State Judicial
Administration of Ukraine, and salaries rates of academic staff shall not be
less than the salary of a judge of the circuit court.
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4. The regional departments of the State
Judicial Administration of Ukraine, staff of the Supreme Court of Ukraine,
the Constitutional Court of Ukraine and other specialized courts bear
expenditures for burial and perpetuation of the memory of judges, including the
retired judges.
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4. Territorial departments of the State
Judicial Administration of Ukraine, secretariats of the Supreme Court of
Ukraine, the Constitutional Court of Ukraine and the high specialised courts
shall bear expenditures for burial and perpetuation of the memory of
judges, including the retired judges.
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Article 86. Expense account of judges
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Article 88. Expense account of courts
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The cost estimate of the Supreme Court of Ukraine,
the Constitutional Court of Ukraine and the cost estimates of high
specialized courts shall include the expenses of representation of judges.
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The cost estimate of the Supreme
Court of Ukraine, the Constitutional Court of Ukraine and the high
specialised courts shall include the expenses for representation of courts
[expense accounts].
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Chapter 2. THE
STATE JUDICIAL
ADMINISTRATION OF UKRAINE
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Chapter 2. THE STATE JUDICIAL ADMINISTRATION OF UKRAINE
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Article 87. Status of the State Judicial Administration of Ukraine
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Article 89. Status of the State
Judicial Administration of Ukraine
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1. The State Judicial
Administration of Ukraine
shall be a central executive authority to support the operation of the courts
of general jurisdiction, also other bodies and institutions of the court
system pursuant to this Law. The institutional support of operation of the Supreme Court of Ukraine, the Constitutional Court of Ukraine
and high specialized courts shall be done by the staff of these courts.
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1. The
State Judicial Administration of Ukraine shall be a central body of the
executive power which carries out organisational provision of the operation
of courts of general jurisdiction (except for the Supreme Court of Ukraine and the high
specialised courts), as well as other bodies and institutions of
the judiciary pursuant to this Law. The State Judicial Administration of Ukraine shall be
under control of the Council of Judges of Ukraine.
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2. The regional departments of the
State Judicial Administration of Ukraine shall be set up in the Autonomous Republic of the Crimea, regions, the cities of Kyiv
and Sevastopol.
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2. Territorial
departments of the State Judicial Administration of Ukraine shall be set up
in the Autonomous Republic of Crimea, oblasts, the cities of Kyiv and Sevastopol.
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3. The officials of the
State Judicial Administration of Ukraine, its regional departments shall be
civil servants.
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3. Officials of the State Judicial Administration of Ukraine,
its territorial departments and secretariats of courts shall be civil servants.
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5. The State Judicial
Administration of Ukraine
shall be a legal entity, have its own seal with the State Emblem of Ukraine
with its own name, its own balance sheet and bank accounts.
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5. The
State Judicial Administration of Ukraine shall be a legal entity, have its own seal with the
State Emblem of Ukraine and its name on it, separate accounting balance and
bank accounts.
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6. Internal regulation regarding the State Judicial
Administration of Ukraine shall be approved by the Cabinet of Ministers of
Ukraine.
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6. The regulations on the State
Judicial Administration of Ukraine shall be adopted by the Cabinet of
Ministers of Ukraine.
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Article 88. Powers of the State Judicial Administration of Ukraine
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Article 90. Powers of the State
Judicial Administration of Ukraine
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1. The State Judicial
Administration of Ukraine shall:
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1. The
State Judicial Administration of Ukraine shall:
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1) provide for the proper
conditions essential for operation of the courts of general jurisdiction, the
qualifications commissions of judges, the Discipline Commission of Judges of
Ukraine, the judicial self-government authorities and the National School of
Judges of Ukraine;
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1) ensure
proper conditions for operation of general jurisdiction courts, the
qualifications commissions of judges, the Disciplinary Commission of Judges
of Ukraine, bodies of the judicial self-government and the National School of
Judges of Ukraine;
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2) study the practical aspects of
operation of courts, work out and submit the proposals on improvement of the
judicial practice in accordance with the established procedure;
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2) study
the practice of courts activity organisation, prepare and submit according to
the established procedure proposals on its improvement;
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3) analyze the personnel issues of
court staff, determine the number of experts necessary, and make the requests
for training the specialists;
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3) analyse
the staffing issues of court secretariats, forecast the needs in terms of
specialists, and make requests for training of relevant specialists;
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4) keep the statistical and
personal registration of the information about judges;
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4) technically provide for keeping the statistical and personal registration of
information about judges’ corps;
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5) provide for the conditions
essential for the improvement of skills of judges and court staff personnel;
create the system of professional development;
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5) provide
for necessary conditions for the improvement of qualifications of judges and
court secretariat staff; create the system of professional development;
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6) organize the practical training
in judicial institutions and elaborate the relevant curricula;
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6) organise
the internship in judicial institutions of law students and prepare relevant
curricula;
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7) provide for keeping the court
statistics, office work and records; supervise the office work in the courts
of general jurisdiction;
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7) organise
work on keeping the court statistics, office work and records; supervise the
office work in courts of general jurisdiction;
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8) prepare the materials for the
proposals concerning the budget of courts, provide for funding the courts
pursuant to this Law;
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8) prepare
materials for the proposals concerning budgets of courts, take measures to
finance courts pursuant to this Law;
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9) perform the functions of the
main manager of funds of the State budget of Ukraine in the
manner prescribed by this Law;
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9) perform
the functions of the principal administrator of budget appropriations in
cases prescribed by this Law;
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10) provide for the material and
social security of judges and the court staff, including the retired judges;
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10) provide
for the material and social security of judges, including the retired judges,
and court secretariat staff;
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11) provide for the medical
services, sanatorium-and-spa treatment of judges and the court staff, take
due measures for providing them with adequate housing;
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11) provide
for the medical services, sanatorium-and-spa treatment of judges and court
secretariat staff, take measures for providing them with adequate housing;
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12) ensure the independence,
immunity and security of judges in cooperation with the judicial
self-government authorities, courts and law-enforcement bodies;
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12) provide
for the security of
courts and judges in co-operation with bodies of the judicial
self-government, courts and law enforcement bodies;
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13) organize and finance the
construction and repair of the court buildings and premises, provide them
with proper technical facilities;
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13) organise
and finance the construction and repairs of court buildings and premises,
provide them with proper technical facilities;
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14) provide the courts with
computer-aided support essential for legal proceedings, office work and
operation of courts; provide the courts with technical facilities for
recording the court's sessions;
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14) provide
courts with computers necessary for administration of justice, office work
and operation of courts; provide courts with technical facilities for
recording court sittings;
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15) provide for securing of keeping of a single state
register of court decisions;
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15) ensure keeping of the Unified
State Register of Court Decisions;
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16) provide for financing of court expenditures, which
are covered from the State Budget of Ukraine according to the law;
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16) provide for financing of court
expenditures, which shall be covered from the State Budget of Ukraine according
to the law;
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17) maintain contacts with relevant
bodies and institutions, including those of other countries with the aim of
improving the operation and support of courts;
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17) maintain
contacts with relevant bodies and institutions, including those of other
states, with the aim of improving the organisational provision of operation
of courts;
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18) organize the work of the court
officers;
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18) organise
work of the service of court ushers;
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19) together with the Council of Judges of Ukraine
determine caseload of judges in courts of all levels and work out proposals
on the number of judges in relevant courts;
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19) assist the Council of Judges of Ukraine in determination of the caseload rate per one judge in courts of all levels and make proposals as to the number of judges
in relevant courts;
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20) exercise
other powers specified by the law.
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20) exercise other
powers specified by the law.
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2. The State Judicial
Administration of Ukraine shall exercise its powers in compliance with the
Constitution of Ukraine, this and other laws, enactments of the President of
Ukraine, the Cabinet of Ministers of Ukraine, other pertinent enactments, the
Regulations on the State Judicial Administration, decisions of a congress of
judges of Ukraine and the Council of Judges of Ukraine.
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2. The
State Judicial Administration of Ukraine shall exercise its powers in
compliance with the Constitution of Ukraine, this and other laws, acts of the
President of Ukraine, the Cabinet of Ministers of Ukraine, other pertinent
acts, the Regulations on the State Judicial Administration, decisions of the
Congress of Judges of Ukraine and the Council of Judges of Ukraine.
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Article 89. Head of the State Judicial Administration of Ukraine
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Article 91. Head of the State Judicial
Administration of Ukraine
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1. The State Judicial
Administration of Ukraine shall be headed by the Head of the State judicial
administration of Ukraine.
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1. The
State Judicial Administration of Ukraine shall be headed by the Head of the
State Judicial Administration of Ukraine.
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2. The Head of the State Judicial
Administration of Ukraine shall be appointed to this post and dismissed from
it by the Cabinet of Ministers of Ukraine on the basis of the proposal
submitted by the Prime-Minister of Ukraine in
coordination with the Council of Judges of Ukraine
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2. The Head
of the State Judicial Administration of Ukraine shall be appointed to and
dismissed from the post by the Cabinet of Ministers of Ukraine upon
submission of the Prime Minister of Ukraine based on the recommendation of
the Council of Judges of Ukraine
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3. The Head of the State Judicial
Administration of Ukraine shall not combine his/her official activity with
other job with the exception of the teaching, scientific and other kinds of
paid creative activity in his/her free time, to become a
member of managerial body or supervisory board of the profit economic
organization.
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3. The Head
of the State Judicial Administration of Ukraine shall not combine his/her
official activity with other job with the exception of the teaching,
scientific and other kinds of creative activity in his/her free time, shall not
be a member of managerial body or supervisory
board of a profit organisation.
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4. The Head of the State Judicial
Administration of Ukraine shall:
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4. The Head
of the State Judicial Administration of Ukraine shall:
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1) supervise the operation of the
State Judicial Administration of Ukraine, be responsible for the execution of
tasks placed upon it;
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1) manage
the activity of the State Judicial Administration of Ukraine, bear personal
responsibility for the execution of tasks placed upon it;
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2) organize the operation of the
State Judicial Administration of Ukraine;
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2) organise
the operation of the State Judicial Administration of Ukraine;
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3) appoint and dismiss based on the
competition the employees of the State Judicial Administration of Ukraine,
heads of regional departments of the State Judicial Administration of Ukraine
and their deputies in accordance with the respective council of judges,
pursuant to the law regarding state service;
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3) appoint
to, basing on the competitive selection according to the legislation on the
civil service, and dismiss from the posts staff members of the State Judicial
Administration of Ukraine, heads of territorial departments of the State
Judicial Administration of Ukraine and their deputies upon agreement of the
respective council of judges;
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4) appoint and dismiss based on the
competition, which shall be conducted pursuant to the law regarding state
service, head of staff of appeal courts and their deputies if approved by the
chair of a relative court;
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4) appoint
to, basing on the competitive selection according to the legislation on the
civil service, and dismiss from the posts heads of secretariats of the courts
of appeal and their deputies upon agreement of the president of the
respective court;
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5) approve the rules on structural
divisions of the State Judicial Administration of Ukraine; specify the duties
of employees of the State Judicial Administration of Ukraine;
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5) approve
the regulations on structural divisions of the State Judicial Administration
of Ukraine and specify official duties of staff members of the State Judicial
Administration of Ukraine;
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6) fix the salaries of employees of
the State Judicial Administration of Ukraine and its regional departments,
assign to them the ranks of a civil servant according to the law, provide
them with incentives and mete out the disciplinary punishments pursuant to
the law;
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6) determine
salary rates of staff members of the State Judicial Administration of Ukraine
and its territorial departments, assign to them the ranks of civil servant
according to the law, grant them with benefits and impose disciplinary
punishments pursuant to the law;
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7) submit the progress reports of
the State Judicial Administration of Ukraine to the Council of Judges of
Ukraine;
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7) inform the Council of Judges of Ukraine on the work of the
State Judicial Administration of Ukraine;
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8) participate in elaboration of
the proposals to the draft State Budget of Ukraine on financial backing of
the court system;
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8) participate
in the preparation of proposals to the draft State Budget of Ukraine with
regard to the funding of the judiciary;
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9) exercise
other powers under the law.
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9) exercise other
powers defined by the law.
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5. The Head of the State Judicial
Administration of Ukraine issues the orders and instructions falling within
his/her jurisdiction.
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5. The Head
of the State Judicial Administration of Ukraine shall issue orders and
instructions on the issues within his/her competence.
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6. The Head of the State Judicial
Administration of Ukraine shall have the deputy heads that are appointed and
dismissed by the Cabinet of Ministers of Ukraine based on proposals,
submitted by the Head of the State Judicial Administration of Ukraine with
the consent of the Council of Judges of Ukraine. The duties of deputy heads
of the State Judicial Administration of Ukraine shall be assigned by the Head
of the State Judicial Administration of Ukraine.
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6. The Head
of the State Judicial Administration of Ukraine shall have deputies who shall
be appointed to and dismissed from the posts by the Cabinet of Ministers of
Ukraine upon submission of the Head of the State Judicial Administration of
Ukraine which was agreed with the Council of Judges of Ukraine. Duties of
Deputy Heads of the State Judicial Administration of Ukraine shall be
determined by the Head of the State Judicial Administration of Ukraine.
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Article 90. Regional departments of the State Judicial Administration
of Ukraine
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Article 92. Territorial departments of
the State Judicial Administration of Ukraine
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1. Regional departments of the
State Judicial Administration of Ukraine shall be the regional bodies of the
State Judicial Administration of Ukraine.
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1. Territorial
departments of the State Judicial Administration of Ukraine shall be the
territorial bodies of the State Judicial Administration of Ukraine.
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2. Regional department of the State
Judicial Administration of Ukraine shall be run by the manager that shall be
appointed to this post and removed from it by the Head of the State Judicial
Administration of Ukraine.
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2. Territorial
departments of the State Judicial Administration of Ukraine shall be headed
by the head who shall be appointed to and dismissed
from the post by the Head of the State Judicial Administration of Ukraine.
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3. The structure and manning table
of regional departments of the State Judicial Administration of Ukraine shall
be approved by the Head of the State Judicial Administration of Ukraine
following the proposal of the manager of a regional department of the State
Judicial Administration of Ukraine.
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3. The
structure and list of staff members of a territorial department of the State
Judicial Administration of Ukraine shall be approved by the Head of the State
Judicial Administration of Ukraine upon submission of the head of the
territorial department of the State Judicial Administration of Ukraine.
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4. Regional department of the State
Judicial Administration of Ukraine shall be a legal entity, have its own seal
showing the State Emblem of Ukraine with its own name, its own balance sheet
and bank accounts.
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4. Territorial
department of the State Judicial Administration of Ukraine shall be a legal
entity, have its own seal with the State Emblem of Ukraine and its name on
it, separate accounting balance and bank accounts.
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5. Regional departments of the
State Judicial Administration of Ukraine shall function pursuant to the
regulations on the State Judicial Administration of Ukraine.
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5. Territorial
departments of the State Judicial Administration of Ukraine shall function
pursuant to the regulations on the State Judicial Administration of Ukraine.
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Chapter 3. OTHER
ISSUES RELATING TO THE JUDICIARY OF UKRAINE
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Chapter 3. OTHER ISSUES OF THE JUDICIARY
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Article 91. The National School of Judges of Ukraine
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Article 93. The National School of Judges of Ukraine
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1. The National School of Judges of
Ukraine
shall be available at the State Judicial Administration of Ukraine to provide
the courts with skilled judges and staffers.
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1. The
National School of Judges of Ukraine shall operate at the State Judicial Administration
of Ukraine to provide courts with qualified judges and staff of court
secretariats.
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2. The National School of Judges of
Ukraine
is a state institution of a judicial education with special status that
ensures high qualified cadre education for the judiciary.
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2. The
National School of Judges of Ukraine shall be a state educational institution of judge
training with special status and shall ensure training of highly qualified
personnel for the judiciary.
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3. The following shall be the main
tasks of the National School of Judges of Ukraine:
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3. The
National School of Judges of Ukraine shall:
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1) Training the persons for the
posts of judges according to the Law of Ukraine “On the Status of Judges” on
the bases on the state order, formed by the State Judicial Administration of
Ukraine;
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1) train
persons for the work of judge according to the Law of Ukraine “On the Status of Judges” on the basis of the state
order formed by the State Judicial Administration of Ukraine;
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2) Preparation of judges, appointed to the post for the
first time;
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2) train judges appointed to the post
for the first time;
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3) Preparation of judges elected to the post without term
limitation;
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3) train judges elected to the post
for the permanent term;
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4) Preparation of judges deprived of their qualification
rank;
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4) train judges who were stripped of
the qualification rank;
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5) Educating judicial employees, employees of the State
Judicial Administration of Ukraine and its regional departments;
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5) train court secretariat staff,
staff members of the State Judicial Administration of Ukraine and its
territorial departments;
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6) Conducting the research into the
improvement of court performance;
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6) carry out scientific research on the improvement of the
judiciary;
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7) Analyzing the world experience
of court performance;
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7) study
international and foreign experience of the organisation of court functioning;
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8) Scientific and methodological
support of operation of the courts of general jurisdiction and the
Constitutional Court of Ukraine, system of qualifications commissions of
judges, the Disciplinary Commission of Judges of Ukraine and the High Council
of Justice.
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8) provide
for scientific and methodological
support of operation of the general jurisdiction courts and the
Constitutional Court of Ukraine, system of the
qualifications commissions of judges, the Disciplinary Commission of Judges
of Ukraine and the High Council of Justice.
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3. The National School of Judges of
Ukraine
shall function pursuant to its statute that shall be approved by the Council
of Judges of Ukraine.
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4. The
National School of Judges of Ukraine shall function pursuant to its Statute that shall
be approved by the Council of Judges of Ukraine.
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4. Judges, which per their application are sent to work
in the National School of Judges of Ukraine, may be
invited to occupy the posts of scientific and pedagogical workers of the
National School of Judges of Ukraine.
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5. Judges, who upon their request
shall be transferred to work in the National School
of Judges of Ukraine, may be invited to occupy the posts of research and
educational staff of the National School of Judges of Ukraine.
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5. The National School of Judges of
Ukraine
shall be located in the city of Kyiv
and may have regional branches in other cities.
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6. The
National School of Judges of Ukraine shall be located in the city of Kyiv and may have regional branches in other cities.
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6. In order to support the scientific and research
operation of National School of Judges of Ukraine it shall
include the scientific and research institute of judicature.
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7. The Scientific and Research
Institute of the Judiciary shall operate at the National School of Judges of Ukraine in order to carry out the
scientific and research activity.
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7. The National School of Judges of
Ukraine
shall be a legal entity, have its own seal showing the State Emblem of
Ukraine with its own name, its own balance sheet and bank accounts.
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8. The National
School of Judges of Ukraine shall be a legal entity, have its own seal with the
State Emblem of Ukraine and its name on it, separate accounting balance and
bank accounts.
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Article 92. Court staff
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Article 94. Court secretariat
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1. Organizational support of court
operation shall be provided by the court staff headed by the manager of the
staff (secretariat manager).
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1. Organisational
support of court operation shall be provided by the court secretariat which
shall be headed by the head of the secretariat.
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2. The manager of the court staff shall bear personal
responsibility for adequate organizational support of court, judges and
juridical proceedings.
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2. The head of the court secretariat shall bear personal
responsibility for proper organisational provision of the court, judges and
judicial proceedings.
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3. The manager of the court staff, his/her deputy shall
be appointed to and dismissed from the post according to the results of a
competition, held in accordance with the law on state service, by the head of
a respective regional department of the State Judicial Administration of
Ukraine, manager of the appeal court staff shall be appointed to and
dismissed from the post by the Head of the State Judicial Administration of
Ukraine agreed with the chair of a respective court.
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3. The head of the court secretariat, his/her deputy
shall be appointed to, based on the competitive selection in accordance with
the legislation on the civil service, and dismissed from the post by the head
of the respective territorial department of the State Judicial Administration
of Ukraine and the head of the secretariat of the court of appeal – by the Head of the State Judicial
Administration of Ukraine upon agreement of the president of the respective
court.
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The manager of staff of the Supreme Court of Ukraine,
manager of staff of a high specialized court and their deputies shall be
appointed to the posts according to the results of a competition, held in
accordance with the law on state service and dismissed from the posts by a
meeting of judges of a respective court.
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The head of the secretariat of the Supreme
Court of Ukraine, head of the secretariat of the high specialised court and their deputies shall be appointed
to, based on the competitive selection in accordance with the legislation on
the civil service, and dismissed from the posts by the meeting of judges of
the respective court.
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4. The chair of the court (except for the Supreme Court
of Ukraine and high courts) shall execute a right to initiate requests to
apply to a manager of a court staff and his/her deputy incentives
or the disciplinary punishments, initiate proposals on their dismissal.
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4. The president of the court (except
for the Supreme Court of Ukraine and high specialised courts) shall have the
right to file a request to impose on the head of court secretariat and
his/her deputy disciplinary punishments or to
grant them benefits, and file submission as to their dismissal.
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5. The manager of the court staff (except managers of
district court staff) shall appoint to and dismiss from the posts staffers of
the court staff, assign to them ranks of civil servants, provide
them with incentives and mete out the disciplinary punishments with agreement
or on the proposal of the chair of a respective court.
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5. The head of the court secretariat
(except for heads of divisional courts’ secretariats) shall appoint to and
dismiss from the posts staff members of the court secretariat, assign to them
ranks of civil servants, grant them benefits and
impose disciplinary punishments upon agreement of or upon submission of the
president of the respective court.
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Staffers of the district court staff shall be appointed
by the head of a respective regional department of the State Judicial
Administration of Ukraine on the proposal of the manager of staff of a
respective court.
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Staff members of the divisional court
secretariat shall be appointed by the head of the respective territorial
department of the State Judicial Administration of Ukraine upon submission of
the head of the respective court secretariat.
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Candidates are selected on the basis of competition.
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The selection of court secretariat
staff members shall be carried out on competitive basis.
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6. The legal status of the court
staff shall be determined pursuant to the law on the state service. As far as
the amount of salaries, the material, transportation, medical,
sanatorium-and-spa treatment support are concerned, the court staff shall be
placed on the same footing as the relevant categories of the managerial staff
of high, central or local executive bodies.
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6. Legal
status of the court secretariat staff members shall be determined by the Law
of Ukraine “On the Civil Service”. The court secretariat staff
members shall have equal salary rates, material, household, transportation,
medical, sanatorium-and-spa treatment support as
relevant categories of staff members of central or local bodies of the
executive power.
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7. The structure and numerical
composition of the local court staff shall be approved by the relevant regional
department of the State Judicial Administration of Ukraine, the staff of the
courts of appeal and high courts – by the State Judicial Administration of
Ukraine with an agreement of the chair of the relevant court within the
limits of expenditures for maintenance of a given court.
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7. The
structure and number of staff members of local court secretariats shall be
approved by relevant territorial departments of the State Judicial
Administration of Ukraine and of secretariats of the courts of appeal and the
high specialised courts – by the State Judicial Administration of Ukraine
upon agreement of the president of the relevant court, within the limits of
expenditures for maintenance of a given court.
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8. The structure and the manning
table of the staff of the Supreme Court of Ukraine and the staff of a high
specialized court shall be approved by the presidium of a relevant court
within the limits of expenditures for maintenance of a given court.
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8. The
structure and the list of staff members of the secretariat of the Supreme
Court of Ukraine and secretariats of the high specialised court shall be
approved by the meeting
of judges of the relevant court within the limits of expenditures
for maintenance of a given court.
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9. The boards, departments and
other structural divisions may be set up in the staff of the courts of
general jurisdiction, that perform their functions pursuant to the
regulations on a relevant structural division approved by the manager of the
staff of the relevant court and agreed with the chair of the court.
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9. Departments,
divisions and other structural units may be set up within secretariats of the
general jurisdiction courts. These units shall perform their functions
pursuant to the regulations on the relevant structural unit which shall be
approved by the head of the secretariat of the relevant court upon agreement
of the president of the court.
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10. The court staff also includes
the assistants of judges, scientific consultants and court officers.
Assistants of judges, scientific consultants must have higher legal
education. Assistants of judges of the Supreme Courts of Ukraine, besides the
mentioned above must have at least tree years of experience of working the
legal field.
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10. The
court secretariat staff shall also include assistants to judges, scientific
consultants and court ushers. Assistants to judges and scientific consultants
shall have higher legal education. Besides, assistants to judges of the
Supreme Courts of Ukraine shall have at least three years of experience of
work in the legal field.
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11. Assistants of judges and
scientific consultants are appointed and dismissed from the posts on the
proposal or approval of respective judges. Assistants of judges and
scientific consultants are appointed for the term of work of a respective
judge.
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11. Assistants
and scientific consultants to judges shall be appointed to and dismissed from
the posts upon proposal or approval of respective judges. Assistants and
scientific consultants to judges shall be appointed for the time the
respective judge is in office.
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Article 93. Court Libraries
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Article 95. Court libraries
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1. Libraries shall be created at
each court to provide the courts with enactments, special scientific
literature and the materials of judicial practice. The library stocks include
printed editions and computer database.
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1. Court libraries shall be created at each court to provide
courts with legal normative acts, special scientific literature and materials
of the judicial practice. Library stocks shall include printed editions and
computer databases.
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2. The regulations on court
libraries are approved by the Chief Justice of the Supreme Court of Ukraine.
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2. The
regulations on court library shall be approved by the President of the Supreme Court of Ukraine.
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Article 94. Service of
court officers
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Article 96. Service
of court ushers
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1. The service of court officers
shall be available in each court. The court officers shall provide for
observance of the fixed rules in the court premises by the persons that are
present in a court, also fulfillment of the orders of a court session chair
by such persons.
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1. The
service of court ushers shall operate in each court. Court ushers shall
ensure the observance by persons present in court premises of the established
rules, as well as their adherence to orders of the presiding judge.
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2. The court officers shall be
appointed to their posts and removed from them by a relevant court staff
manager.
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2. Court
ushers shall be appointed to and dismissed from the posts by the head of the
relevant court secretariat.
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3. The court officers shall be
provided with the uniform whose models are approved by the Head of the State
Judicial Administration of Ukraine and agreed with the Council of Judges of
Ukraine.
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3. The
court ushers shall be provided with the uniform whose models shall be
approved by the Head of the State Judicial Administration of Ukraine upon
agreement of the Council of Judges of Ukraine.
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4. The court officers shall perform
their functions pursuant to this Law, procedural legislation of Ukraine,
relevant rules and instructions, also the orders of the chair of a relevant
court and judges.
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4. Court
ushers shall perform their functions pursuant to this Law, procedural
legislation of Ukraine, relevant rules and instructions, as well as orders
of the president of the court and judges.
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5. The procedure of establishment
and operation of the service of court officers shall be established by the
Regulations that are approved by the Head of the State Judicial
Administration of Ukraine and agreed with the Council of Judges of Ukraine.
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5. The
procedure for creation and operation of the service of court ushers shall be
determined by the regulations that shall be approved by the Head of the State
Judicial Administration of Ukraine upon agreement of the Council of Judges of
Ukraine.
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Article 95. Security and maintenance of public order in courts
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Article 97. Security and maintenance of
public order in courts
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1. Maintenance of public order in court, suspension of
display of contempt of court, functions of state protection of judges, court
staff, and security of participants of juridical proceedings shall be
performed by the court militia.
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1. Maintenance of public order in
court, discontinuation of displays of court contempt, as well as protection
of court premises, functions of state protection of judges, court secretariat
staff, and security of participants of judicial proceedings shall be
performed by the court militia.
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2. The powers of the court militia
and its operation are determined by the law.
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2. The
powers of the court militia and its operation shall be determined by the law.
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Article 96. Symbols of the judicial power
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Article 98. Symbols of the judicial
power
|
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1. The symbols of judicial power
shall be the state symbols of Ukraine - the
State Emblem of Ukraine and the State Flag of Ukraine.
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1. The
symbols of judicial power shall be the state symbols of Ukraine - the State Emblem of Ukraine and the State Flag of
Ukraine.
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2. While administering justice, a
judge shall wear the mantle with a breastplate of a set pattern. Specimens of
the mantle and the breastplate shall be approved by the Council of Judges of
Ukraine.
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2. While
administering justice, a judge shall wear the mantle with a breastplate of a
set pattern. Specimens of the mantle and the breastplate shall be approved by
the Council of Judges of Ukraine.
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Article 97. Certificates of judge, people's assessor and juror
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Article 99. Certificates of judge,
people's assessor and juror
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1. Professional judges, also
people's assessors and jurors shall have the certificates of a set pattern.
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1. Professional
judges, as well as people's assessors and jurors shall have certificates of a
set pattern.
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2. The specimens of certificates of
judges, people's assessors and jurors shall be approved by the Chief Justice
of the Supreme Court of Ukraine in coordination with the Council of Judges of
Ukraine.
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2. The
specimens of certificates of judges, people's assessors and jurors shall be
approved by the President
of the Supreme Court of
Ukraine upon agreement of the Council of Judges of Ukraine.
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3. Certificates of the judges
elected for an unlimited term shall be signed by the Chair of the Verkhovna
Rada of Ukraine.
Certificates of the judges appointed to the post by the President of Ukraine
shall be signed by the President of Ukraine. Certificates of
court chairs, their deputies, other persons holding other administrative
posts in courts shall be signed by the Chief
Justice of the Supreme Court of Ukraine.
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3. Certificates
of judges elected for permanent terms shall be signed by the President of the
Verkhovna Rada of Ukraine. Certificates of judges appointed to the posts by
the President of Ukraine shall be signed by the President of Ukraine. Certificates of court president, their deputies, other
persons holding administrative posts in courts shall be signed by the President of the Supreme Court of Ukraine.
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4. The certificates of people's
assessors and jurors shall be signed by the chair of the court in which
people's assessors or jurors administer justice.
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4. Certificates
of people's assessors and jurors shall be signed by the president of the
court in which people's assessors or jurors administer justice.
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5.
The presentation of certificates to their holders shall be carried out by the
person who signed it or, upon instruction of the latter, by other person.
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Section VIІ. FINAL AND TRANSITIONAL PROVISIONS
|
Section VIІ. FINAL AND TRANSITIONAL PROVISIONS
|
|
1. This law shall come into force
and be enacted from January 1, 2007.
|
1. This Law
shall come into force on 1 July 2007.
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|
2. During the five years after this law shall come into
force, chair of a local court, chair of court of appeal and his/her deputy,
chair of high specialized court and his/her deputy shall be appointed to
their posts for the term of five years from among the judges of a relevant
court and shall be dismissed from the posts by the President of Ukraine on
the proposal of the Council of Judges of Ukraine.
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2. During five years after this Law
comes into force, president of local court, president of the court of appeal
and his/her deputy, president of the high specialised court and his/her
deputy shall be appointed to their posts for the term of five years from
among judges of the relevant court and shall be dismissed from their posts by
the President of Ukraine upon submission of the Council of Judges of Ukraine.
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3. District criminal courts shall start their operation
following appointment (election) to their composition at least three judges,
but not later than June 1,
2007. The State Judicial Administration of Ukraine shall
inform about the beginning of operation of every district criminal court
through relative local official periodicals. Prior to beginning of operation
of district criminal courts, cases within their jurisdiction shall be considered
by the first instance of respective courts of appeal.
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3. Circuit criminal courts shall start
functioning after the appointment (election) to their composition of at least
three judges, but not later than 1 January 2008. The State
Judicial Administration of Ukraine shall inform about the beginning of
operation of every circuit criminal court through relative local official
periodicals. Until the beginning of functioning of circuit criminal courts,
cases within their jurisdiction shall be considered in the first instance by
respective courts of appeal.
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4. Criminal cases assigned for consideration to relative
courts of appeal as courts of the first instance prior to beginning of
operation of respective district criminal court, shall be considered and
resolved by these courts.
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4. Criminal cases assigned for
judicial consideration by relative courts of appeal as courts of the first
instance prior to the beginning of functioning of respective circuit criminal
court, shall be considered and resolved by these courts.
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After beginning of operation of district criminal courts
criminal cases, which were assigned to relative courts of appeal for
consideration in first instance, which are in the jurisdiction of the
district criminal courts, shall be transferred by these courts to district
criminal courts if the case is not assigned for judicial inquiry.
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After the beginning of functioning of
circuit criminal courts criminal cases, which were assigned to relative
courts of appeal for consideration in first instance and which are in the
jurisdiction of the circuit criminal courts, shall be transferred by these
courts to circuit criminal courts unless the trial has already started.
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5. The High Civil Court of Ukraine and the
High Criminal Court of Ukraine shall be established before January 1, 2007 and shall
start operating from June 1,
2007. Before these courts come to operation, their powers
shall be exercised by relevant judicial chambers of the Supreme Court of
Ukraine.
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5. The High Civil Court of Ukraine and the High Criminal Court of Ukraine shall be established before 1 October 2007 and shall start functioning from 1 January 2008. Until these
courts start functioning, their powers shall be exercised by relevant
Judicial Chambers of the Supreme Court of Ukraine.
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6. Cassations (submissions) on the decisions of general
courts in criminal and civil cases, filled prior to June1, 2007 and accepted
for cassation consideration by the Supreme Court of Ukraine, shall be
considered by the Supreme Court of Ukraine.
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6. Cassation appeals (submissions) on
the decisions of general courts in criminal and civil cases filed before 1
June 2007 and assigned (accepted) for the cassation review by the Supreme
Court of Ukraine shall be considered by the Supreme Court of Ukraine.
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Cassations (submissions) on the decisions of general
courts in criminal and civil cases, filled after to June1, 2007 shall be
transferred for consideration to the High Civil Court of Ukraine and High
Criminal Court of Ukraine accordingly.
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Cassation appeals (submissions) on the
decisions of general courts in criminal and civil cases filed after 1 June 2007 shall be transferred for consideration accordingly to the High Civil
Court of Ukraine and the High Criminal Court of Ukraine.
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7. Chairs of courts and their
deputies, chairs of judicial chambers appointed to the posts prior to
enactment of this Law, shall fulfill their functions under this Law until the
term of their appointment expires, if their posts shall be preserved under
this Law.
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7. Presidents
of courts and their deputies, chairs of judicial chambers appointed prior to
the enactment of this Law, shall perform their functions under this Law until
the term of their appointment expires, if their posts were preserved
according this Law.
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First deputy chairs of high specialized courts appointed
to the posts prior to enactment of this Law shall fulfill their functions of
deputy chairs of high specialized courts under this Law until the term of
their appointment expires.
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First Deputy Presidents of the high
specialised courts appointed to their posts
prior to the enactment of this Law shall perform functions of Deputy
President of the high specialised courts according to this Law until the term
of their appointment expires.
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8. Judges of the Supreme Court of Ukraine shall exercise
their powers before they are removed from their posts according to the part
5, article 126 of the Constitution of Ukraine. After the judges are dismissed
their posts shall not be occupied, but axed until there shall be 45 positions
of judges according to the Law.
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8. Judges of the Supreme Court of
Ukraine shall exercise their powers until they are dismissed from their posts
according to paragraph 5 of Article 126 of the Constitution of Ukraine. After
the judges are dismissed their posts shall not be filled, but curtailed until
45 positions of judges remain according to the Law.
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Judges of the Supreme Court of Ukraine, which during the
year from the day of enactment of this Law were transferred to high
specialized court or other court of general jurisdiction shall be equal in
status including financial, social and household support with the judges of
the Supreme Court of Ukraine.
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Judges of the Supreme Court of
Ukraine, who during one year from the day of the enactment of this Law, went
to the high specialised court or other court of general jurisdiction shall
have an equal status, including in terms of their financial, social and
household provision, to that of a judge of the Supreme Court of Ukraine.
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9. Regional qualifications commissions of judges shall
be established during the period of six months and shall begin their
operation from June 1,
2007. Existing qualifications commissions of judges with the
beginning of operation of regional qualifications commissions of judges shall
terminate their activity.
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9. Territorial qualifications
commissions of judges shall be established during six months and shall start
their functioning from 1 January 2008. Existing qualifications commissions
of judges with the start of functioning of territorial qualifications
commissions of judges shall terminate their activity.
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10. The Disciplinary Commission of Judges of Ukraine and
judicial inspectors’ service shall be created according to this Law during
the six months from the day of enactment of this Law and shall begin their
operation from June 1,
2007.
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10. The Disciplinary Commission of
Judges of Ukraine and the service of court inspectors shall be created according to
this Law during six months from the day of the enactment of this Law and
shall start functioning from 1 January 2008.
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11. Disciplinary cases, which prior to June 1, 2007 were
under investigation of qualifications commissions of judges that were
established prior to enactment of this Law, shall be transferred for
consideration and resolution to the Discipline Commission of Judges of
Ukraine. The terms of bringing a judge to disciplinary responsibility shall
be stopped until the Discipline Commission of Judges of Ukraine takes upon
the case.
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11. Disciplinary cases, which prior to
1 January 2008 were under investigation of qualifications commissions of judges that
were established before the enactment of this Law, shall be transferred for
consideration and resolution to the Disciplinary Commission of Judges of
Ukraine. The terms of bringing a judge to disciplinary liability shall be
stopped until the Disciplinary Commission of Judges of Ukraine takes over the
case.
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12. After enacting this Law military
courts of garrisons, military appeal courts of regions and the
Navy Court of Appeal of Ukraine shall continue operating as local and appeal
courts and consider criminal cases falling within their jurisdiction,
determined by the Criminal Procedural Code of Ukraine, prior to their
liquidation in order pursuant to the law, but not longer than January 1,
2008.
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12. After
the enactment of this Law military
courts of garrisons, military appellate courts of regions
and the Court of Appeal of the Navy of Ukraine
shall continue operating as local and appellate courts and shall consider
criminal cases falling within their jurisdiction determined by the Criminal
Procedure Code of Ukraine before they are liquidated in accordance with the
law, but not longer than until 1 January 2008.
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13. Judges of military courts of garrisons, regional
military courts of appeal and the Navy Court of Appeal of
Ukraine shall be transferred with their accordance to other court with
further exemption from the military service, or they shall be removed from
their posts of judge according to set procedures and ordered for further
military service within Armed Forces of Ukraine, other military
establishments;
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13. Judges of military courts of
garrisons, military appellate courts of regions and the Court of Appeal of the Navy of Ukraine shall be
transferred as agreed with them to other courts with their further dismissal
from the military service, or they shall be dismissed from the post of judge
according to the established procedure and ordered for further military
service within Armed Forces of Ukraine, other military formations.
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Judges of the Military judicial board of the Supreme
Court of Ukraine shall be transferred with their accordance to judicial
chambers of the Supreme Court of Ukraine or high specialized courts in the
order pursuant to this Law, with further exemption from the
military service, or they shall be removed from their posts of judge
according to set procedures and ordered for further military service within
Armed Forces of Ukraine, other military establishments.
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Judges of the Military Judicial Panel
of the Supreme Court of Ukraine shall be transferred as agreed with them to
Judicial Chambers of the Supreme Court of Ukraine or high specialised courts
pursuant to this Law, with their further
dismissal from the military service, or they shall be dismissed from the post
of judge according to the established procedure and ordered for further
military service within Armed Forces of Ukraine, other military formations.
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14. Prior to the legislative reform of legislation
regarding administrative offences, cases on administrative violations, which
fall within the jurisdiction of respective courts, shall be considered and
resolved by these courts in the manner prescribed by the Administrative
Offences Code of Ukraine.
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14. Until the legislation on
administrative offences is reformed, cases on administrative offences, which
fall within the jurisdiction of respective courts, shall be considered and
resolved by these courts as prescribed by the Administrative Offences Code of
Ukraine.
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|
15. Decree that judges of military courts of garrisons,
military courts of appeal, the Navy Court of Appeal of
Ukraine, the Military judicial board of the Supreme Court of Ukraine:
|
15. It shall be established that
judges of military courts of garrisons, military appellate courts of regions,
the Court of Appeal of the Navy of Ukraine, Military Judicial Panel of the Supreme Court of Ukraine:
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dismissed from the military service and transferred to
other courts or judicial chambers of the Supreme Court of Ukraine shall be
paid once according to their choice either financial support for dismissal
from the military service according to Article 15 of the Law of Ukraine “On
social and legal protection of military servants and members of their
families”, or support with further retirement from the post of judge
according to the Law of Ukraine “On the Status of Judges”;
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who were dismissed from the military
service and transferred to other courts or Judicial Chambers of the Supreme
Court of Ukraine shall be paid once according to their choice either financial
assistance for dismissal from the military service according to Article 15 of
the Law of Ukraine “On Social and Legal Protection of Military Servants and
Members of their Families”, or retirement assistance with their further
retirement from the post of judge according to the Law of Ukraine “On the
Status of Judges”;
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ordered for further military service
within Armed Forces of Ukraine, other military establishments shall be
paid once according to their choice either support for retirement from the
post of judge according to the Law of Ukraine “On the Status of Judges” or
financial support for further dismissal from the military service according
to Article 15 of the Law of Ukraine “On social and legal protection of
military servants and members of their families”;
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who were ordered for further military service within Armed Forces of
Ukraine, other military formations shall be paid once
according to their choice either retirement assistance for retirement from
the post of judge according to the Law of Ukraine “On the Status of Judges”,
or financial assistance for dismissal from the military service according to
Article 15 of the Law of Ukraine “On Social and Legal Protection of Military
Servants and Members of their Families”;
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dismissed from the military service and retired from the
post of judge at the same time shall be paid once according to their choice
either financial support according to Article 15 of the Law of Ukraine “On
social and legal protection of military servants and members of their families”,
or support according to the Law of Ukraine “On the Status of Judges”;
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who dismissed from the military
service and at the same time retired from the post of judge shall be paid
once according to their choice either financial assistance according to Article
15 of the Law of Ukraine “On Social and Legal Protection of Military Servants
and Members of their Families”, or retirement assistance according to the Law
of Ukraine “On the Status of Judges”.
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Decree that in case of repetitive election of a person
to a post of a judge dismissal pay for retirement shall be paid to this
person only if this person has not received financial support according to
Article 15 of the Law of Ukraine “On social and legal protection of military
servants and members of their families”, or support according to the Law of
Ukraine “On Status of Judges” before.
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It shall be established that in case
of re-election of a person to the post of a judge retirement assistance can
be paid at the time of retirement only if such person did not receive earlier
financial assistance according to Article 15 of the Law of Ukraine “On Social
and Legal Protection of Military Servants and Members of their Families”, or
retirement assistance according to the Law of Ukraine “On Status of Judges”.
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16.
The following amendments shall be inserted in the Budget Code of Ukraine:
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1) in Article 34:
in paragraph
2, after the words “in the process of preparation of budget requests” add the
words “”except for cases provided for in paragraph 3 of this Article”;
add the
following paragraph:
“Instructions
for preparation of budget requests by the Constitutional Court of Ukraine,
the Supreme Court of Ukraine, the high specialised courts, the State Judicial
Administration of Ukraine may not introduce restrictions provided for in
paragraph 2 of this Article”;
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2) in Article 36:
add after paragraph 1 a new paragraph as follows:
“2. If the Ministry of Finance of Ukraine considers
that budget requests of the Constitutional Court of Ukraine, the Supreme
Court of Ukraine, the high specialised courts, the State Judicial
Administration of Ukraine are not substantiated or cannot be satisfied, the
Ministry shall include these requests to the proposed draft State Budget of
Ukraine and together with the draft Law of Ukraine “On the State Budget of
Ukraine” shall submit for consideration of the Cabinet of Ministers of
Ukraine the grounded conclusions with the mentioning of reasons which prevent
satisfaction of these requests and proposals on settlement of
contradictions.”
Paragraphs 2 and 3 shall thus be considered
accordingly paragraphs 3 and 4.
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3) in paragraph 1 of Article 38 add the following
subparagraph:
“If the Cabinet of Ministers of Ukraine considers
that budget requests of the Constitutional Court of Ukraine, the Supreme Court
of Ukraine, the high specialised courts, the State Judicial Administration of
Ukraine are not substantiated or cannot be satisfied, the Cabinet shall also
submit to the Verkhovna Rada of Ukraine respective opinion with the
mentioning of reasons which prevent satisfaction of these requests and
proposals on settlement of contradictions”;
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4) paragraph 1 of Article 41shall be re-worded as
follows:
“1. The first reading of the State Budget of Ukraine
shall begin with the report of the Chairperson of the Committee of the
Verkhovna Rada of Ukraine on budget issues on the Conclusions and proposals
to the Draft State Budget Law. Representatives of the Verkhovna Rada committees, deputies’ factions,
people’s deputies of Ukraine, representatives of the Cabinet of Ministers of
Ukraine, the Accounting Chamber, and as regards the financing of courts and
other bodies and institutions of the judiciary – representatives of the
Council of Judges of Ukraine, the Constitutional
Court of Ukraine, the Supreme Court of Ukraine, the high specialised courts,
the State Judicial Administration of Ukraine, shall participate in the debates.”
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16. The Cabinet of Ministers of
Ukraine in the period of two months after this Law is published shall:
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17. The
Cabinet of Ministers of Ukraine within two months after this Law is published
shall:
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Establish the National School of Judges of Ukraine on the
basis of Academy of Judges of Ukraine;
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set up the National School of Judges
of Ukraine on the basis of the Academy of Judges of Ukraine;
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Approve Regulations regarding social and material
support of employees of the National High School of Judges of Ukraine and
provided for adequate funding in the draft Law of Ukraine On the State Budget
of Ukraine beginning 2007.
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adopt Regulations on the Social and Material Provision of Staff Members of
the National School of Judges of Ukraine and foresee adequate funding in the draft State Budget Laws starting
from 2007.
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