For amendments to some of the legislative acts of Ukraine on specific issues of the judiciary and the status of judges

(Information of the Verkhovna Rada (VR), 2014, No. 12, pp. 190)

Verkhovna Rada of Ukraine Orders:

I. Amend the following legislative acts of Ukraine:

1. In Law of Justice of Ukraine "On the Supreme Justice Council" (Information of the Verkhovna Rada of Ukraine, 1998, No. 25, pp. 146 with the following changes):

1) in Article 3 :

para. 1 - 1 part of first exclude;

complementing part of the second such content:

"The decision on matters taken to the competence of the Supreme Justice Council is taken from the presence of previous conclusions of the relevant committee of the Verkhovna Rada of Ukraine, which is mandatory";

2) Items 2 - 1 and 2 - 2 sections of the first article 27 exclude;

3) Article 29 - 1 and 32 - 1 exclude.

2. In Regulations of the Verkhovna Rada of Ukraine The Decree of the Verkhovna Rada of Ukraine "on the Rules of the Verkhovna Rada of Ukraine" (Information of the Verkhovna Rada of Ukraine, 2010, No. 14-17, art. 133 with the following changes):

(1) Text Article 214 Set out in this edition:

" 1. According to 27 part of the first article 85 , Article 128 of the Constitution , Law of Ukraine "On the Judiciary and Status of Judges" The Verkhovna Rada shall elect:

(1) The professional judge of the unbuilt, whose term of office as a judge is over;

2) as a judge, a person who had previously held the office of a judge for at least five years, but at the time of consideration the question of the election was not taken by a judge;

3) a judge previously elected permanently to the court of another level or to the court of the same level, but another specialization.

2. The submission of the election of judges is indifferent to the Supreme Council of the Supreme Qualification Commission of the Judges of Ukraine.

3. Along with the Chairman of the Supreme Qualification Commission of Judges of Ukraine to the Verkhovna Rada, documents are defined Article 75 of the Law of Ukraine "Justice and Status of Judges".

4. The Committee, to the subject of the removal of the prior consideration of the question of election of judges without distinction, examines the submission of the election of a candidate to the office of a magistrate in a month of unstopical terms on the day of his accession to the Verkhovna Rada. The decision of the Committee on recommending or abandonment in recommending the election of a candidate to the office of a candidate for the position of a judge is instrict to the Verkhovna Rada.

5. In the presence of a decision on recommending or abandonment of the election of the judges, to the subject of the preliminary examination, the previous consideration of the question of election of judges is irunitable, to make proposals for inclusion in The agenda of the plenary session of the Verkhovna Rada on the election of judges is instrict.

6. Discussion on the election of a candidate to the office of a judge in a plenary session of the Verkhovna Rada begins with the report of the committee, to the subject of the question the previous consideration of the election and dismissal of judges elected -It's no use

7. The Costa People's Deputy has the right to ask a question of the rapporteur and directly a candidate who is elected to the office of a judge instrict, to express his opinion on this nomination.

8. In the presence of a candidate, who is elected to the position of a judge in a plenary session of the Verkhovna Rada, which requires additional verification by the committee, to the subject of which the previous consideration is held on The judiciary, the status of judges and the enforcement of the courts, the vote on this candidate is not carried out. A reconsideration of the submission is carried out on the terms of the inspection by the Committee's compliance by the candidate's candidate for the appointment of a candidate. Article 127 of the Constitution , Article 53 of the Law "On the justice and status of judges" and the checks of the appeals of citizens and other appeals for the activities of the candidate to the office of the candidate, in accordance with the requirements of Article 214 - 1 That's the story. If reported by people's deputies at the plenary session of the Verkhovna Rada, they have not found their confirmation, and a discussion will be held without discussion.

9. The decision to elect a candidate for the position of a candidate to be a judge is ironably accepted by the vote by a majority of the votes of the People's Deputies from the constitutional composition of the Verkhovna Rada and shall be decorated with the ruling of the Verkhovna Rada. A vote on the election of a candidate to the office of a judge can be ironably held both on each nomination for office, and on the list of candidates for office.

10. In the case of a candidate for the position of a judge without ever elected, the Supreme Council of Justice shall be given the submission of the nomination of the candidate for the resignation of the candidate for the position of the Judge ";

(2) complement articles 214 - 1 , 214 - 2 and 214 - 3 such content:

" Article 214 - 1 . Verification by the Committee of the Supreme Council on the appeals of citizens and other materials on the activities of the candidate who is elected by the judge

1. The Committee exercises compliance with the candidate for the position of a non-strict compliance judge. Article 127 of the Constitution and Article 53 of the Law "On the justice and status of judges", as well as the inspection of the appeals of citizens, public organizations, enterprises, institutions, organizations of all forms of property, state authorities and local governments on the activities of the candidate.

2. In the case of the consideration of appeals, the committee decides to send them to the Supreme Justice Council, the Higher Qualification Commission of the Judges of Ukraine or the Council of Judges of Ukraine.

3. The line of consideration of such appeals and the granting of the response to the committee shall be evaluated according to the provisions prescribed by the law on the appeal of citizens.

4. The necessity of a committee can conduct direct inspection of the appeals by entrusted it with the membership of the committee (under its consent).

5. The candidate who is elected to the position of a judge is inviolable and has the right to familiarize himself with the material on his activities, requests of the committee on them and the answers given to the committee.

6. The secretariat of the committee in the three-day period from the day of submission is extended among the people's deputies through the Council of the Verkhovna Rada, which are proposed for the election of judges in a free manner, with the means of the day and time of the meeting of the committee.

7. The meeting is also invited by the representatives of the Supreme Court of Ukraine, the Supreme Justice Council, the Higher Qualification Commission of the Judges of Ukraine, the highest specialized courts, the State Judicial Administration of Ukraine, the Council of Judges of Ukraine, and Also a candidate for the position of judge whose presence at the meeting is mandatory.

8. The meeting of the Committee on the request of the People's Deputies may be invited by representatives of government authorities, local governments, and the public.

9. Persons noted in part seven of this article report on the day and time of the meeting is not later written three days before the day of the meeting.

Article 214 - 2 . A review of the submission of the election of a candidate to the office of the Verkhovna Rada of Ukraine at the meeting of the Verkhovna Rada Committee

1. The Committee shall consider the submission of the election of a candidate to the position of a candidate for the position of a judge in a lunar row from the day of their accession. In case of the need to test facts that fail to make a decision, this term may be extended by this committee, but not more than two months, except when the pending inspection lines account for an intersectional period of work. The Verkhovna Rada.

2. The view of the submission of election of a candidate to the office of a judge is ironclably held at the meeting of the committee for each candidate individually.

3. Under discussion of committee members, invited persons have the right to ask questions to the report and directly to the candidate.

4. The Committee's decision on recommending or abandonment of the nomination of a candidate for the position of a judge is instrict after discussing the nomination and consideration of the proposed appeals for his activities in the presence of the candidate.

5. The decision of the Committee on the Uncomment of the Candidate for the election to a judge is introcably not an obstacle to the consideration of the matter at the plenary session of the Verkhovna Rada.

Article 214 - 3 . Mandatory decision of the Verkhovna Rada Committee on election of judges to be untenable to the Verkhovna Rada

1. In the presence of a decision on recommending or refusal to recommend the election of judges, the unappointed committee will make proposals for inclusion in the agenda of the plenary meeting of the Verkhovna Rada of the question concerning the election of these judges.

2. The Verkhovna Rada of the Verkhovna Rada elected or rejects the election of judges without the decision of the committee. "

3. In The Law of Ukraine "On the Judiciary and Status of Judges" (Information of the Verkhovna Rada of Ukraine, 2010, No. 41-45, art. 529; 2013, No. 17, pp. 153):

1) in in the first part of the second article 20 "The Supreme Council of Justice" is replaced by the words "Verkhovna Rada of Ukraine";

2) in third article 74 :

para. 5 Set out in this edition:

" 5) The Committee of the Verkhovna Rada of Ukraine, prior to the resolution of the questions of the election of judges and the dismissal of judges, is chosen without parole, considering the submission of the election of a candidate to the position of a judge without strict, taking decisions on the recommendation or Refusal to consider the election of a candidate to the position of a judge without a strict and amending decision to consider the Verkhovna Rada of Ukraine ";

Complement paragraph 6 of this content:

"(6) The Verkhovna Rada of Ukraine accepts the decision on the election of a candidate or a refusal to elect to the position of Judge untitled";

3) part two , Third and Sixth Article 79 Set out in this edition:

" 2. The question of the election of a candidate to the office of a judge is indifferent in the plenary session of the Verkhovna Rada of Ukraine in the presence of the Committee of the Verkhovna Rada of Ukraine.

3. The review of the question of election of a candidate to the office of a judge in plenary session of the Verkhovna Rada of Ukraine begins with a report defined by the Committee of the Verkhovna Rada of Ukraine to the rapporteur ";

" 6. In case of a candidate for the position of a judge unappointed, the Supreme Council of Justice shall be given the submission of the nomination of the candidate from the position of the judge ";

4) first article 101 Complement paragraph 3 of this content:

"(3) The candidate for the position of the judge is instrict not elected by the Verkhovna Rada of Ukraine."

4. After Fifth paragraph 5 of the annex to the Verkhovna Rada of Ukraine "On the Committees of the Verkhovna Rada of Ukraine of the seventh convocation" (Verkhovna Rada of Ukraine, 2013, No. 38, art. 506) complement the new paragraph of this content:

"election of judges without strict, dismissal of judges, appointment of judges to administrative office".

In this regard, the sixth is the sixteenth to be considered by the seventh and seventeenth paragraphs.

II. Final Position

1. This Act will take effect from the day, the following day by the day of its publication.

2. The heads of courts and their deputies appointed as head of the court or deputy head of the court to take effect by this Act shall exercise the power of the head of the court, the deputy head of the court, to the end of the line on which they are appointed, if not established by law.