Key Benefits:
On amendments to the Constitution of Ukraine (concerning justice)
Verkhovna Rada of Ukraine Orders:
I. Amend Constitution of Ukraine (Information of the Verkhovna Rada of Ukraine, 1996, No. 30, pp. 141) such changes:
1) Articles 124-129 , 130 , 131 , 147-148 , 149 , 151 , 153 Set out in this edition:
" Article 124. Justice in Ukraine is exercised solely by the courts.
Delegating the functions of the courts, as well as the appropriation of these functions by other bodies or officials are not allowed.
The jurisdiction of the courts is extended to any legal dispute and any criminal prosecution. In the cases prescribed by law, courts are also considered other cases.
The law may be defined by the mandatory pre-trial settlement of the dispute.
The people are directly involved in the implementation of justice through juries.
Ukraine may recognize the jurisdiction of the International Criminal Court on conditions determined Rome Statute of the International Criminal Court .
Article 125. Justice in Ukraine is built on the principles of territoriality and specialization and is determined by law.
The court is formed, reorganized and liquidated by the law, the project of which is introduced to the Verkhovna Rada of Ukraine by the President of Ukraine after consultation with the Supreme Council of Justice.
The Supreme Court is the highest court in the judicial system of Ukraine.
Under the law, higher specialised courts can act.
In order to protect the rights, freedoms and interests of persons in public-legal relations are administered by administrative courts.
Extraordinary and special courts are not allowed.
Article 126. The independence and integrity of the judge are guaranteed by the Constitution and laws of Ukraine.
The impact on judges in any way is prohibited.
Without the consent of the Supreme Court, the judge may not be detained or held in custody or arrest until the indictment of the court, except for the arrest of a judge during or immediately after committing a grave or particularly grave crime.
A judge may not be prosecuted for a court decision, except for a crime or a disciplinary offence.
The judge will hold office without construction.
The grounds for the release of the judge are:
(1) Incapacity to fulfil the power of health;
2) violations of the non-compatibility requirements;
(3) to commit a substantial disciplinary misconduct, rude or systematic neglect of duty, which is inconsistent with the status of a judge or has found its inconsistency in the position of a jury;
4) filing a statement of resignation or dismissal from office at its own request;
(5) Injury to another court in the event of liquidation or reorganization of a court in which the judge holds office;
(6) The obligation to confirm the legality of the origin of the property.
The powers of the judge shall cease in the case of
(1) Achieving a judge of sixty-five years;
" (2) The cessation of citizenship of Ukraine or to acquire a judge of citizenship of another State;
3) by the decision of the legal decision by the decision of the court on recognition of the judge without any notice or the declaration of the deceased, the recognition of incapacitated or restricted to the effective;
5) the dress of a legitimate force by the indictment of the judge for committing a crime.
The state provides personal safety to the judge and members of his family.
Article 127. Justice is carried out by the judges. In the legal cases of justice, the jury is carried out by jury.
The Council cannot belong to political parties, unions, participate in any political activity, have a representative mandate, embrace any other paid positions, perform other paid work other than scientific, teaching or creative.
A judge may be appointed a citizen of Ukraine, not a junior thirty and not a senior sixty-five years who has a higher legal education and stage of professional law for at least five years, is competent, virtuous and possessing. A state language. The law may be subject to additional requirements for the appointment of a judge.
For judges of specialized courts in accordance with the law, other requirements for education and employment of occupational activities may be established.
Article 128. The appointment of a judge is made by the President of Ukraine for the appointment of the Supreme Council of Justice in the order established by law.
The appointment of a judge shall be exercised in the contest except in the cases defined by the law.
The Supreme Court's head is elected and dismissed from the post by secret ballot of the Supreme Court's Plenum in the order established by the law.
Article 129. The judge, exercising justice, is independent and is governed by the rule of law.
The main courts of justice are:
1) the equality of all participants of the trial before the law and the courts;
3) the contentions of the parties and the freedom in providing the judgment of their evidence and to the judgment of their conviction;
(4) To maintain a public prosecution in the court by the prosecutor;
(5) Ensuring the accused of the right to be protected;
6) the publicity of the trial and its full fixation by technical means;
7) reasonable lines of consideration of the case by the court;
(8) To ensure the right to an appellate view of the case and in defined law cases-on the challenge of the appeal of the judicial decision;
(9) The duty of the judicial decision.
The law can also be defined by other courts of justice.
Justice is made by a judge of the same person, a colleague of judges or a jury.
In contempt of court or judge, guilty persons are prosecuted ";
" Article 130. The state provides funding and proper conditions for the functioning of courts and the activities of judges. In the State Budget of Ukraine, it is separately defined by the outstanding achievements of the courts, subject to the proposals of the Supreme Council of Justice.
The size of the award shall be established by law on the judiciary. "
" Article 131. There is a Council of Justice in Ukraine who:
1) to make a submission about the appointment of a judge to the office;
(2) Decide the decision to violate a judge or the prosecutor of the requirements for incompatibility;
3) examines the complaints of the relevant authority to hold the disciplinary responsibility of the judge or the prosecutor;
(4) Decide to dismiss the judge from office;
5) authorizes consent to delay the judge or hold it in custody;
(6) Decided to decide on a temporary dismissal of the judge from the exercise of justice;
(7) To take measures to ensure the independence of judges;
(8) Decide to transfer the judge from one court to another;
9) exercise other powers defined by this Constitution and laws of Ukraine.
The higher council of justice consists of twenty-one members, of which ten is chosen by the Congress of Judges of Ukraine from the number of judges or judges in the resignation, two to be appointed by the President of Ukraine, two to choose the Verkhovna Rada of Ukraine, two to choose the congress of lawyers of Ukraine, -The All-Ukrainian Conference of Prosecutors, two-elect the Congress of Representatives of Legal Higher Education and Scientific Institutions.
The order of election (appointment) of members of the Supreme Council of Justice is determined by the law.
The head of the Supreme Court is part of the Supreme Council of Justice for the office.
Terms of authority of the elected (appointed) members of the Supreme Council of Justice are four years. The same person cannot hold the position of a member of the Supreme Council for two consecutive lines.
A member of the Supreme Council of Justice cannot belong to political parties, unions, participate in any political activity, have a representative mandate, embrace any other paid positions (other than the post of the Chairman of the Supreme Court). Paid work other than scientific, teaching or creative.
A member of the Supreme Justice Council must belong to the ruling profession and meet the criteria for political neutrality.
The law may be stipulated by additional requirements for a member of the Supreme Council of Justice.
The Supreme Council of Justice takes over the terms of the election (appointment) of at least fifteen members, of which the majority constitute a judge.
Under the law, the justice system is formed by the bodies and agencies to ensure the selection of judges, prosecutors, their professional training, evaluation, consideration of cases of their disciplinary responsibility, financial and organizational matters. Provision of courts ";
" Article 147. The Constitutional Court of Ukraine decides the question of conformity with the Constitution of Ukraine and in the preamble of cases of other acts shall exercise the official interpretation of the Constitution of Ukraine, and other powers in accordance with the Constitution of Ukraine. Constitution.
The activities of the Constitutional Court of Ukraine are based on the principles of the rule of law, independence, collegiality, publicity, validity and the binding of decisions and conclusions.
Article 148. The Constitutional Court of Ukraine is composed of eighteen judges of the Constitutional Court of Ukraine.
The President of Ukraine, the Verkhovna Rada of Ukraine and the congress of judges of Ukraine are appointed by six judges of the Constitutional Court of Ukraine.
The selection of candidates for the position of judge of the Constitutional Court of Ukraine is carried out on the competitive basis in the determined law of order.
A judge of the Constitutional Court of Ukraine may be a citizen of Ukraine who possesses the state language, the day of appointment has reached forty years, has a higher legal education and stage of professional law for at least fifteen years, high morals. quality and is the ruler with a recognized level of competence.
Justice of the Constitutional Court of Ukraine cannot belong to political parties, unions, participate in any political activity, have a representative mandate, embrace any other paid positions, perform other paid work other than scientific, Teaching or creative.
The Justice of the Constitutional Court of Ukraine is appointed for nine years without the right to be appointed again.
The Justice of the Constitutional Court of Ukraine takes office from the day to the oath of office at a special plenary meeting of the Court.
The Constitutional Court of Ukraine at the special plenary session of the Court is elected from its composition by the Chairman through a secret ballot for only one three-year term ";
" Article 149. The independence and integrity of the Constitutional Court of Ukraine is guaranteed by the Constitution and laws of Ukraine.
The influence on the judges of the Constitutional Court of Ukraine in any way is prohibited.
Without the consent of the Constitutional Court of Ukraine, the judge of the Constitutional Court of Ukraine cannot be detained or held in custody or arrest until the indictment is issued by the court, except for the detention of a judge during or immediately after an offence or Especially severe crime.
The Court of Constitutional Court of Ukraine cannot be held accountable for the vote due to the decision of the Court of Decision and the granting of conclusions, except for the act of offence or disciplinary misconduct.
The State provides personal security to the judge of the Constitutional Court of Ukraine and members of his family ";
" Article 151. The Constitutional Court of Ukraine on the appeal of the President of Ukraine, or at least forty-five people's deputies of Ukraine, or the Cabinet of Ministers of Ukraine provides conclusions about the conformity of the Constitution of Ukraine of the current international treaties of Ukraine or those International treaties that are being made to the Verkhovna Rada of Ukraine to grant consent to their duties.
The Constitutional Court of Ukraine on the appeal of the President of Ukraine or at least forty-five people's deputies of Ukraine provides conclusions about the conformity of the Constitution of Ukraine (constitutionality) of the questions proposed for the adoption of the Ukrainian referendum On the People's Initiative.
At the request of the Verkhovna Rada of Ukraine, the Constitutional Court of Ukraine provides the conclusion on the imposition of the constitutional procedure of the investigation and the consideration of the case on the removal of the President of Ukraine from the post in impeachment ";
" Article 153. The organization and activities of the Constitutional Court of Ukraine, the status of judges of the Court, the imposition and order of appeals to the Court, the procedure for the proceedings of the Court and the execution of decisions of the Court are defined by the Constitution of Ukraine and the law ";
(2) To supplement the articles 129 - 1 , 130 - 1 , 131 - 1 -131 - 2 , 148 - 1 , 149 - 1 , 151 - 1 -151 - 2 such content:
" Article 129 - 1 . The court ruled by the name of Ukraine. The court decision is mandatory.
The State provides the execution of a court decision in a determined law of order.
Control of the execution of the judicial decision is exercised by the Court ";
" Article 130 - 1 . To protect the professional interests of judges and address the internal activity of the courts in accordance with the law acts of the judiciary ";
" Article 131 - 1 . In Ukraine, the prosecutor's office is:
(1) To support the public prosecution in court;
(2) The organization and procedural leadership of the pre-trial investigation, a solution in accordance with the law of other matters under criminal proceedings, supervision of non-vowels and other investigative and investigative actions of the organs of the law;
3) the representation of the interests of the state in court in exceptional cases and in the order defined by the law.
The organization and procedure of the prosecution's activities are determined by law.
The Prosecutor's Office in Ukraine is headed by the Prosecutor General, who is appointed to the office and is dismissed from the post by the consent of the Verkhovna Rada of Ukraine.
The Attorney General's office is six years old. The same person cannot hold the office of the Attorney General for two consecutive lines.
Early-dismissal from the office of the Attorney-General is carried out solely in cases and under the grounds defined by this Constitution and the law.
Article 131 - 2 . To provide professional care to Ukraine, there is a lawyer.
The independence of the lawyer is guaranteed.
The organization and activities of the lawyers and the law of law in Ukraine are determined by the law.
Only a lawyer carries out another person's representation in court, as well as protection against the criminal prosecution.
The law may be defined by the Court in the Court of Labor, the debate on the protection of social rights, regarding elections and referendums, in minor disputes, as well as to the representation of minors or minors and persons who have Are recognized by the courts of incapacitated or restricted court ";
" Article 148 - 1 . The state provides funding and adequate conditions for the activities of the Constitutional Court of Ukraine. In the State Budget of Ukraine separately defined by the outstanding activities of the Court with regard to the proposals of its Chairman.
The size of the award of judges of the Constitutional Court of Ukraine is set by the Law on the Constitutional Court of Ukraine ";
" Article 149 - 1 . The authority of the Justice of the Constitutional Court of Ukraine shall cease in the event of:
(3) The cessation of citizenship of Ukraine or the nationality of another State;
4) by the decision of the decision to be made by the decision of the court to recognize it with no or no declaration of the deceased, the recognition of incapacitated or restricted to the effective;
(5) The accused of the lawful strength of the indictment against him for the commission of the crime;
(6) Death of the Justice of the Constitutional Court of Ukraine.
The basis for the release of the judge of the Constitutional Court of Ukraine from office is:
(1) Inability to fulfill its authority by health;
2) violations of the non-compatibility requirements;
(3) to commit himself to a substantive disciplinary misconduct, rude or systematic neglect of his duties, which is inconsistent with the status of Judge Court or found his disparity in the same position;
4) to submit statements about the resignation or the dismissal of office at its own request.
The decision to liberate the judges of the Constitutional Court of Ukraine, the Court decrees at least two thirds of its constitutional composition ";
" Article 151 - 1 . The Constitutional Court of Ukraine decides on the conformity of the Constitution of Ukraine (constitutionality) of the law of Ukraine for the constitutional complaint of a person who believes that applied in the final judgment in its case the law of Ukraine contradicts Constitution of Ukraine. A constitutional complaint may be filed if all other national legal protections are exhausted.
Article 151 - 2 . The decisions and conclusions passed by the Constitutional Court of Ukraine are binding, final and cannot be appealed ";
3) in Part 4 The word "legal" is replaced by the word "legal";
4) in Article 55 :
a) after parts of third complementing the new part of this content:
"Every one is guaranteed the right to address the constitutional complaint to the Constitutional Court of Ukraine with the basis established by this Constitution, and in the order defined by the law."
Due to this part of the fourth, the fifth is considered to be in terms of fifth, sixth;
(b) In part 5, the word "legal" should be replaced by the word "legal";
5) in Article 59 :
(a) Part One The word "legal" should be replaced by the words "professional rule";
b) part two exclude;
6) in Part One Article 85:
a) Items 25 and 26 Set out in this edition:
" (25) granting consent to the appointment and dismissal of the President of Ukraine by the Prosecutor General of Ukraine; expressing the disbelief of the Attorney-General, which has the effect of his resignation from office;
26) the appointment of a third of the Constitutional Court of Ukraine ";
b) para. 27 exclude;
(7) para. 14 Part of Article 92 of the first article of the article:
" (14) judicial, judicial, status of judges; proceedings of judicial examination; organization and activities of the prosecutor's office, notaries, bodies of pre-trial investigations, organs and institutions of punishment; the order of execution of court decisions; Counsel's activities ";
8) in Article 106 :
(a) Part One :
Items 11 and 22 Set out in this edition:
"11) appoints for office and release from office on the consent of the Verkhovna Rada of Ukraine";
"22) appoints a third of the Constitutional Court of Ukraine";
para. 23 exclude;
b) part of fourth Set out in this edition:
"Acts of the President of Ukraine, issued within the authority provided by the paragraphs 5, 18, 21 of this article, are squandered by the signatures of the Prime Minister of Ukraine and the Minister responsible for the act and its execution";
9) in Paragraph 2 Part 2 of the second article 108 the word "impossibility" would be replaced by the word "incapacity";
10) in Article 110 The word "Impossibility" is replaced by the word "Impossibility", and the words "Supreme Court of Ukraine"-the words "Supreme Court";
11) in Part 6 The words "Supreme Court of Ukraine" should be replaced by the words "Supreme Court";
12) VII. "Prosecutor's Office" to exclude;
(13) part of the sixth Article 136 is set out in this edition:
"Justice in the Autonomous Republic of Crimea is carried out by the courts of Ukraine";
14) in Article 150 :
(a) Part One :
sixth paragraph 1 to exclude;
in Paragraph 2 "and the laws of Ukraine" to exclude;
Complement paragraph 3 of this content:
"(3) the exercise of other powers stipulated by the Constitution of Ukraine";
b) part two Set out in this edition:
" The issues stipulated by paragraphs 1, 2 of the first of this article are considered by the Constitutional posts: the President of Ukraine; at least forty-five people's deputies of Ukraine; the Supreme Court; the Commissioner of the Verkhovna Rada of Ukraine on Human Rights; The Supreme Council of the Autonomous Republic of Crimea ";
15) in Article 152 :
(a) Part One The word "legal" to exclude;
b) part two Set out in this edition:
"The laws, other acts, or their separate provisions that are deemed unconstitutional, lose the validity of the day of adoption by the Constitutional Court of Ukraine decision on their unconstitutionality, unless otherwise established by the decision itself, but not before the day of its adoption";
16) in Chapter XV "Transitional Provisions":
a) para. 9 Set out in this edition:
" 9. The prosecutor's office continues to comply with the current laws the function of the pre-trial inquiry before the procedure of the law, which shall be given to relevant functions, as well as the function of supervision for the enforcement of laws upon the execution of court decisions in criminal cases, in the application of other measures of coercion, related to the restriction of personal freedom of citizens, the law on the creation of a dual system of regular penitentiary inspections ";
(b) complement paragraph 16 - 1 such content:
" 16 - 1 From the day of entry into force of the Law of Ukraine "On Amendments to the Constitution of Ukraine (concerning justice)":
1) before the establishment of the Supreme Council of Justice, its authority is exercised by the Supreme Council of Justice. The Supreme Council of Justice is formed by reorganizing the Supreme Council of Justice. Prior to the election (appointment) of the members of the Supreme Council of Justice, this body acts as part of the members of the Supreme Justice Council during the term of their authority, but which cannot last longer than until 30 April 2019. The election (appointment) of the members of the Supreme Council of Justice is not done later on 30 April 2019;
2) The powers of judges appointed by the post for five years are terminated with the end of the line on which they were appointed. Such judges may be appointed to the office of a judge in the order specified by the law;
(3) Judges who are chosen by the judges continue to exercise their authority to liberate or to end their authority on the grounds defined by the Constitution of Ukraine;
4) adherence to the office of a judge, who is appointed as a term for five years or elected as a judge without the law of the Law of Ukraine "On Amendments to the Constitution of Ukraine (concerning justice)", should be evaluated in order, By law. The detection of such an evaluation of such an inconsistency of a judge's jury, on the criteria of competence, professional ethics or virtue, or the judge's refusal to judge such an assessment is the basis for the dismissal of a judge from office. The order and exhaustive grounds of challenging the decision to release the judge on the results of the evaluation shall be established by the law;
(5) In cases of reorganization or elimination of individual courts established before the Law of Ukraine "On Amendments to the Constitution of Ukraine (concerning justice)", judges of such courts have the right to submit a statement of resignation or declaration of participation in the contest to another position of the judge in the order defined by the law. The specifics of the referralization of the judge to office in another court may be defined by law;
6) prior to the introduction of the new administrative and territorial order of Ukraine according to the amendments to the Constitution of Ukraine on decentralization of power, but not longer than until 31 December 2017, formation, reorganization and liquidation of courts The Law of Ukraine is in accordance with the law defined by the law;
(7) For two years, the transfer of a judge from one court to another is exercised by the President of Ukraine on the basis of the appropriate submission of the Supreme Council of Justice;
(8) Judge of the Constitutional Court of Ukraine, intended to take effect in force of the Law of Ukraine "On Amendments to the Constitution of Ukraine (concerning justice)", continue to exercise their authority to end office or dismissal, Article 149 - 1 The Constitution of Ukraine, without the right to function again. The authority of the judge of the Constitutional Court of Ukraine, which on the day of the law of Ukraine "On Amendments to the Constitution of Ukraine (concerning justice)" reached sixty-five years, but the decision concerning the dismissal of such a judge from office was not adopted, Ceased;
9) representation in accordance with the law of the Public Prosecutor's Office in cases where the proceedings were initiated before the Law of Ukraine "On Amendments to the Constitution of Ukraine (concerning justice)", carried out by the rules that operated before to take effect, is to pass in the relevant cases of final court decisions which are not subject to appeal;
(10) The Prosecutor General of Ukraine, appointed to the office of the Law of Ukraine "On Amendments to the Constitution of Ukraine (concerning justice)", shall exercise the authority of the Prosecutor General to be released in order, but not longer The line on which it was intended and cannot be held two consecutive lines;
(11) Representation under paragraph 3 of the first article 131 - 1 and Article 131 - 2 The Constitution is solely by prosecutors or lawyers in the Supreme Court and Courts of Cassation, as of 1 January 2017; in the courts of appeal-from 1 January 2018; in the courts of the first instance, from 1 January 2019.
The representation of state authorities and local government bodies in the courts solely by prosecutors or lawyers is carried out on 1 January 2020.
Representation in the proceedings of the Law of Ukraine "On Amendments to the Constitution of Ukraine (concerning justice)", shall be carried out by the rules that have taken place in force, prior to the adoption of relevant cases. the final judgments that are not subject to appeal. "
II. Final and Transitional Provisions
1. This Act shall take effect three months from the day, the following day on the day of its publication, apart from part of the sixth article 124 of the Constitution of Ukraine in the drafting of the Act three years from the day, the following day the publication of the Act The law.
2. From the day, the Act shall be taken into force:
appointment, termination of authority and dismissal of judges is exercised in accordance with Constitution of Ukraine Subject to the Act of Change;
The members of the Supreme Justice Council, intended to take effect by this Act, exercise the powers of the members of the Supreme Council of justice during their term of office, but which cannot last longer than until 30 April 2019;
The Minister of Justice of Ukraine and the Prosecutor General of Ukraine stop their powers as members of the Supreme Council of Justice.
3. The Convention of the Judges of Ukraine shall elect three members of the Supreme Council of Justice not later three months after the effect of law, which regulates the activities of the Supreme Council of justice.
4. The Verkhovna Rada of Ukraine for 30 days from the day of dress will take effect on the submission of the Supreme Qualification Commission of the Judges of Ukraine and relevant documents on the election of judges without construction, which were not considered by the Verkhovna Rada of Ukraine. for the sake of justice to consider the appointment of a judge to office.
The materials and representation of the Supreme Justice Council for the appointment of judges for five years, not considered to be taken into force by this Act, return to the Supreme Council of Justice to address the appointment of judges to office, respectively. Constitution of Ukraine In the case of the President, Mr.
