LAW OF UKRAINE
On the introduction of changes to certain legislative acts of Ukraine to increase the guarantees of the independence of judges
(Information of the Verkhovna Rada (VR), 2013, No. 17, pp. 153)
The Verkhovna Rada of Ukraine:
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; 2010, No. 26, pp. 272, No. 41-45, st. 529; with changes made by the Law of Ukraine dated 3 November 2011 No. 4001-VI):
(1) Article 25 after part of the fourth complement to a new part of this content:
" For the appeal of the prosecutor's bodies, the verification of violations of the justice system, the fact of the disciplinary misconduct of the judge of the Supreme Court of Ukraine or the judge of the supreme specialized court, was admitted when considering the proceedings in which the prosecution was taken. A prosecutor's participation is carried out only if such a court case is not in the proceedings of any instance or if the procedural law of the date of submission of appeal or the case of the complaint is over. Verification of such information cannot be entrusted to a member of the Supreme Justice Council, who is a prosecutor or was a prosecutor at the time of appointment as a member of the Supreme Justice Council. "
In this regard, the fifth is considered to be part of the sixth-ninth, respectively.
(2) Items 1 and 2 of the first article 30 are taught in such an editorial:
" (1) For the qualification commission of the judges of Ukraine, provided that such a decision was adopted by the results of the examination of the presence of the grounds for the dismissal of a judge from office;
2) a member of the Supreme Justice Council for the results of verification of the availability of a judge from the position on which he was entrusted to the Law ".
2. Article 214 of the Rules of the Verkhovna Rada of Ukraine The Decree of the Verkhovna Rada of Ukraine "On Rules of the Verkhovna Rada of Ukraine" (Information of the Verkhovna Rada of Ukraine, 2010, No. 14-17, art. 133; 2011, No. 10, pp. 64), supplementing parts of the third and fourth such content:
" 3. The issue of the election of the judge is permanently included in the weekly agenda of the plenary sessions of the Verkhovna Rada, the nearest day of submission of the Supreme Qualification Commission of Ukraine for the election of a judge without a distinction.
4. Decree of the Supreme Council for the election of a judge in a non-strict manner adopted before the end of the five-year term as judge (the position of the election of such persons-in case the decision of election judges is accepted in several cases) (a) The number of persons in the post of a five-year term as a judge ".
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):
(1) The text of Article 72 shall be taught in such an editorial:
" 1. The appointment of a judge is carried out by the President of Ukraine on the basis of and within the presentation of the Supreme Council of Justice, without checking the holder of the nomination requirements for the nomination of the judges and order of the nomination of candidates to the judge.
Any appeals against a candidate for the position of a judge shall not prevent him from being appointed to the position of judge. Statements made in such appeals may be basis for violation by the President of Ukraine in front of the competent authorities on the issue of the enforcement of these facts.
2. The President of Ukraine issues a decree appointing a judge not later than thirty days from the day of receipt of the appropriate submission of the Supreme Council of Justice ";
(2) In paragraph 5 of the third article 74 of the words "in accordance with the submission" would be replaced by the words "on the grounds and within the submission";
(3) Part of the second article 84 shall complement the paragraph by another such content:
" In the event of participation in the proceedings of the Prosecutor's Office, the prosecutor's office may refer to the High Qualification Commission of the Judges of Ukraine with a complaint (statement) concerning the inappropriate behavior of a judge, which may result in a violation of disciplinary proceedings against a judge, only if the case in which the case of a judge is held is not in the proceedings of any instance or if the procedural law of the lines of the filing or the complaint of the complaint is over. "
II. This Act will take effect from the day, the following day by the day of its publication.
President of Ukraine
Um ... Kyoto