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About The Judicial System Of Ukraine

Original Language Title: Про судоустрій України

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C A C U A TO R S
{Law has lost validity on the basis of the Law
N 2453-VI ( 2453-17 ) from 07.07.2010, VR, 2010, N 41-42,
N 43, N 44-45, pp. 529}
The Court of Justice of Ukraine
(Information of the Verkhovna Rada of Ukraine (VR), 2002, N 27-28, pp. 180)

{For recognition of non-constitutional individual provisions.
Decision Of The Constitutional Court
N 20-p/ 2003 ( v020p710-03 ) From 11.12.2003}
{With changes made according to the Code
N 1618-IV ( 1618-15 ) from 18.03.2004, VCE, 2004, N 40-41, 42,
492
By law
N 1625-IV 1625-15 ) 18.03.2004, IWR, 2004, N 25, pp. 354
Code
N 2747-IV 2747-15 ) from 06.07.2005, VR, 2005, N 35-36, N 37,
446
Laws
N 3262-IV ( 3262-15 ) from 22.12.2005, VR, 2006, N 15, pp. 128
N 3552-IV ( 3552-15 ) of 16.03.2006, VR, 2006, N 35, pp. 299
N 489-V ( 489-16 ) from 19.12.2006, BBB, 2007, N 7-8, pp. 66
N 697-V 697-16 ) from 22.02.2007, OVR, 2007, N 16, pp. 220}
{For recognition of non-constitutional individual provisions.
Decision Of The Constitutional Court
N 1-p/ 2007 ( v001p710-07 ) From 16.05.2007}
{With changes under the Act
N 953-V 953-16 ) from 19.04.2007, VCE, 2007, N 27, pp. 369}
{Further see. Decision Of The Constitutional Court
N 4-p/ 2007 ( v004p710-07 ) 18.06.2007}
{With changes under the Act
N 107-VI ( 107-17 ) From 28.12.2007, VR, 2008, N 5-6, N 7-8, pp. 78
-changes valid on 31 December 2008}
{Further see. Decision Of The Constitutional Court
N 10-rp/ 2008 ( v010p710-08 ) From 22.05.2008}
{For recognition of non-constitutional individual provisions.
Decision Of The Constitutional Court
N 32-p/ 2009 ( v032p710-09 ) 17.12.2009}
{Official interpretation of the Act. in the solution
Constitutional Court
N 34-r/ 2009 ( v034p710-09 ) From 22.12.2009}

This Act defines the legal principles of the organization of the judiciary
and the exercise of justice in Ukraine, system of courts of general
jurisdiction, basic requirements for the formation of the Corps of Professional
Judges, system and procedure for the exercise of the judiciary,
and also establishes the general order of providing activities to the courts
and regulates other matters of the proceedings.
Section I
THE ESTABLISHMENT OF AN ORGANIZATION OF THE JUDICIARY
Chapter 1
GENERAL PROVISIONS
Article 1. Judicial power
1. State power in Ukraine is carried out on the basis of its division
Legislative, executive and judicial. Organs of the judiciary
carry out their powers solely on grounds, within and within and
Order stipulated by the Constitution of Ukraine 254k/96-PL ) and
The law.
2. The judiciary is implemented by doing justice in
form of civil, administrative, administrative,
Constitutional, as well as constitutional courts. Justice
In accordance with the Constitutional Court of Ukraine and the
Jurisdiction.
3. The jurisdiction of the courts is extended to all rights
It's a state.
Article 2. Court task
The court, exercising justice, on the grounds of the rule of law
provides protection to the guaranteed Constitution of Ukraine ( 254k/96-PL )
the rights and freedoms of human rights and citizens, rights and legal
interests of legal entities, interests of society and state.
Article 3. Judicial system of Ukraine
1. The judicial system of Ukraine is the courts of general jurisdiction
and the Constitutional Court of Ukraine.
2. The courts of general jurisdiction form a single system of courts.
The Constitutional Court of Ukraine is the only body of constitutional law
Jurisdiction in Ukraine.
3. The judicial system provides the availability of justice for
each person in the order established by the Constitution of Ukraine
( 254k/96-PL ) and laws.
4. The creation of extraordinary and special courts is not permitted.
5. Structure and activities of the Constitutional Court
Ukraine is established by the Constitution of Ukraine (Ukraine) 254k/96-PL ) and
Law on the Constitutional Court of Ukraine 422 /96-PL ).
Article 4. Justice of Ukraine legislation
Justice in Ukraine is defined by the Constitution of Ukraine
( 254k/96-PL ) and that Act.
Chapter 2
PRINCIPLES OF JUSTICE IN UKRAINE
Article 5. Exercise of justice solely by the courts
1. Justice in Ukraine is carried out solely by the courts.
Delegating the functions of the courts, as well as the appropriation of these functions by others
The authorities or officials are not allowed.
2. Persons who have illegally assumed the fulfillment of the functions of the court,
The law is the responsibility of the law.
3. The people are directly involved in the implementation of justice
through the people ' s meetings and jurors. People's participation
The juries and jurors are their own.
Civil liability.
Article 6. Right to judicial protection
1. Eight subjects of law are guaranteed protection of their rights,
freedoms and legitimate interests of an independent and unbiased court,
by the law.
2. To ensure comprehensive, complete and objective information
review of cases, the legality of judicial decisions in Ukraine
First, appellate and Casalational Instations.
3. No one can be deprived of the right to consider it
cases in court, to which she is subdued by the procedural
by law. The refusal to apply for protection to the court is
invalid.
4. No one can be deprived of the right to participate in review
in accordance with the procedural law of the order in court
any level.
5. Innocent, persons without citizenship and foreign legal
Persons in Ukraine enjoy the right to judicial protection at the level of
Citizens and legal entities of Ukraine.
Article 7. Equality before the law and the courts
Justice in Ukraine is done on the basis of equality of all
participants of the trial before the law and the courts regardless of
gender, race, skin color, language, political, religious and other
beliefs, national or social origin, the mayors of
state, kind and character of classes, places of residence and other
Circumstances.
Article 8. Legal assistance in dealing with the courts
1. Everyone has the right to use law with
to solve his case in court.
2. To provide legal assistance when dealing with cases in courts
There are lawyers in Ukraine. In cases stipulated by the law,
Other persons also provide legal assistance. Order and Conditions
Providing legal assistance is determined by the law. In cases where
By the law, legal assistance is free of charge.
Article 9. Publicity of the trial
1. No one can be confined to the right to receive in court
Oral or written information on the results of its
-The court case.
2. The care of cases in the courts is open, except
The cases prescribed by the procedural law. Members of the
review and other persons present at the open court meeting,
have the right to make written notes. Trial in the courtroom.
meeting photo-and film shooting, TV, video, recording from
application of stationary equipment, as well as transmissions
The trial is allowed with the permission of the court, in order,
by the procedural law.
3. The conduct of the case in a closed court meeting is allowed
by the decision of the court in cases stipulated by the procedural law.
4. When examining cases, the trial of the trial is fixated
technical means in the order established by the process
by law.
Article 10. Language of justice
1. Sudochina in Ukraine is to be held in the state language.
2. The application of other languages in the proceedings
Cases and order defined by the law.
3. Persons who do not own or possess not enough
A state language, has the right to use their native language and
the service of the translator in the trial. In cases that are predicted
By the procedural law, this law is enforced by the state.
Article 11. Commitment to court decisions
1. The judicial decision, which ends in trial,
The name of Ukraine.
2. The decision made by the legitimate force is mandatory.
to comply with all government authorities, local authorities
self-government, their officials, the associations of citizens and
other organizations, citizens and legal entities at all
Ukraine. Binding duty (preemptive)
Court decisions for other courts, prosecution bodies, investigators,
The knowledge is determined by the procedural law.
3. The judgments of other states are binding
in the territory of Ukraine under the conditions defined by the law of Ukraine
In accordance with international treaties, consent to the binding
The Verkhovna Rada of Ukraine.
4. Failure to comply with the court decisions of the law
Responsibility.
Article 12. Right to challenge the judicial decision
Participants of the trial and other persons in cases and order,
by the prescribed procedural law, have the right to appeal and
Concerning the appeal of the judicial decision.
Article 13. Collegial and monotonous proceedings
1. The courts of first instance are considered by a judge
one-person, collegiate of judges or judge and people's meetings,
and in cases determined by the procedural law, is also the court
The jury.
2. Judge, who views the case of the one-person, acts as a trial.
3. The oversight of cases in the appeal, concerning the order, and
other cases stipulated by the law are carried out by the courts
A collegially composed of at least three professional judges, respectively
to the law. View cases due to exceptional circumstances
is carried out by the Supreme Court of Ukraine in the
The procedural law. (Part of the third article 13 with the changes,
In accordance with the Code N 1618-IV ( 1618-15 ) 18.03.2004)
Article 14. Independence of judges and independence of judges
1. Courts do justice on their own. Judges at
Making justice independent of any influence, no one
They are accountable and only subject to the law.
2. Guarantees and independence of judges
are defined by the Constitution of Ukraine 254k/96-PL ), by this and other
The law.
3. Authorities and officials of public authority, local authorities
self-government, their officials, citizens and their union, and
also legal persons are required to respect the independence of judges and not
I'm sorry.
4. Appeal to the judgment of citizens, organizations or officials,
which according to the law are not participants of the trial, with
the Court is not considered to be the case in question
Other non-procedural law.
5. Intervention in the exercise of justice, effect on trial or judges
in any way, contempt of court or judges, assembly,
storage, use and dissemination of information in oral, written or
in another way to harm their authority or to affect the
The court ' s impartiality is prohibited and the burden is prescribed by the law
Responsibility.
6. Judges are provided by the freedom of an unbiased solution
Court cases according to their internal belief that
are based on the requirements of the law.
7. Guarantees and independence of judges
Ensure:
special order of purpose, election, attraction to
Responsibility and dismissal of judges;
The irrevocability of judges and their inviolability;
The order of the implementation of proceedings established by the procedural
The law, the secret of the decision of the judicial decision
Prohibition of interference in the exercise of justice;
responsibility for contempt of court or judge set up
Law;
special order of funding and organizational
To ensure the activities of the courts established by law;
The proper material and social media of the judges;
Functioning of the Judicial Government;
determined by the law by means of personal security
judges, their families, property, as well as other means of their legal
Protection.
8. When making new laws or amended changes to the current
laws are not allowed for the sound of content and the amount predicted
the law of the guarantee of independence of courts, independence and legal
The protection of the judges.
Article 15. Undertorment of judges
1. The untouched of judges is guaranteed by the Constitution of Ukraine
( 254k/96-PL ), by law on the status of judges and other laws.
2. At people ' s meetings and jurors at the time of performing
in the court of duties related to the implementation of justice,
are subject to the guarantee of justices of judges.
Article 16. Non-changing judges
1. Professional judges of the general jurisdiction are held
the posts are unbuilt, except for judges appointed to the position of judge
First.
2. Judgment, chosen without construction, are in charge of judge until
They are now sixty-five years old. To the end of this line
they can be dismissed from the post only from the grounds listed in
Paragraphs 3-9 of Part 5 of Article 126 of the Constitution of Ukraine
( 254k/96-PL ).
Article 17. Self-government of the United States
In order to address the issues of internal activity of the courts
The judge is under the authority of this Act.
Chapter II
COURTS OF GENERAL JURISDICTION
Chapter 3
ORGANIZATIONAL FOUNDATIONS OF THE GENERAL SYSTEM OF COURTS
JURISDICTION
Article 18. Types of courts of general jurisdiction
1. System of courts of general jurisdiction, according to
Constitution of Ukraine 254k/96-PL ) is built under the principles of
Territoriality and specialization.
2. The system of courts of general jurisdiction shall constitute:
(1) Local courts;
2) Court of Appeal, Court of Appeal of Ukraine;
(Paragraph 3 of the second article 18 lost the validity of
considered unconstitutional, on the basis of the decision
Constitutional Court N 20-pp/ 2003 v020p710-03 ) 11.12.2003)
(3) The Court of Cassation of Ukraine;
(4) Higher specialized courts;
5) Supreme Court of Ukraine.
3. The highest judicial authority in the general system
The jurisdiction is the Supreme Court of Ukraine. By the Supreme Judicial Authorities
The specialized courts are the higher specialized courts.
4. The validity of the system of courts of general jurisdiction is provided:
The only institutions and activities of the courts;
The only status of judges;
duty for all courts of rules of proceedings determined by the
Law;
Providing the same application by the Supreme Court of Ukraine
The laws of the general jurisdiction;
Binding on the territory of Ukraine of judicial decisions;
The only order of organizational support
Courts;
Funding of the courts exclusively from the State Budget of Ukraine;
Addressing the internal activities of courts
A judge of self-government.
Article 19. Specialization of courts of general jurisdiction
1. According to the Constitution of Ukraine ( 254k/96-PL ) in the system
The courts of general jurisdiction are common and specialized
Courts of individual court jurisdictions. Military courts belong to
General Courts and Justice in the Armed Forces of Ukraine
and other military formations formed in accordance with the law.
2. Special courts are economic, administrative and
Other courts defined as specialized courts.
3. Courts of various judicial jurisdictions may introduce
Specialization of judges for specific categories of cases
Jurisdiction.
Article 20. Order of courts
1. The courts of general jurisdiction are formed and liquidated
President of Ukraine in accordance with this Act of post
Minister of Justice of Ukraine, agreed with the Head of the Supreme Court
Ukraine or the head of the corresponding top specialist court.
2. The whereabouts and status of the Court are determined by
the principles of territorial (administrative and territorial)
Yes, and specialization.
3. Undertakes for the formation or liquidation of the court
administrative and territorial administration, redeployment of troops or
Reorganization of the Armed Forces of Ukraine
the system of courts, as well as other grounds prescribed by law.
4. The number of judges in the courts is determined by the President of Ukraine
For the post of Chairman of the State Judicial Administration of Ukraine,
Agreed with the Head of the Supreme Court of Ukraine or the Chairman of the
a suitable higher specialized court, subject to volume
the work of the court, and within the costs approved by the State
Budget of Ukraine for the maintenance of courts.
{Position of the fifth article 20, according to
head of court, deputy head of court appointed to office and
Dismissed from the post of the President of Ukraine, lost the validity of
such that are unconstitutional, based on the decision of the Constitutional Court
Court N 1-p/ 2007 ( v001p710-07 ) From 16.05.2007} 5. Head of the court,
Deputy chairman of the court is appointed for the position of five
years of judges and dismissed from the post of the President of Ukraine
For the post of the Chairman of the Supreme Court of Ukraine (and for specialized
courts-the heads of the corresponding top specialist court) on the
Based on the recommendation of the Council of Judges of Ukraine (concerning specialized
courts-the recommendation of a suitable board of judges). Other appointments
administrative positions in the courts, as well as the appointment (election) on
administrative positions in the Verkhovna Rada of Ukraine and liberation from
These positions are in the order established by this Act. Judge
may be released from administrative office (except
administrative posts in the Verkhovna Rada of Ukraine) in the order of
by this article, also on the initiative of the Supreme Council of Justice.
Appointment of a judge to an administrative office without hold
the requirements of this article are not allowed.
6. The resignation of a judge in the administrative post does not release
From his authority to the judge of the relevant court,
To be foreseen by this Act.
7. The dismissal of a judge from the administrative office does not stop
His authority to the judge Termination of the judge's authority ceases
To take office in court.
Chapter 4
LOCAL COURTS
Article 21. Species and composition of local courts
1. Local general courts are district, district in cities,
City and city courts, as well as military courts of garrisons.
2. Local hosts are the host courts
Autonomous Republic of Crimea, areas, cities of Kyiv and Sevastopol, and
the local administrative courts are the county courts forming
in the districts according to the decree of the President of Ukraine.
3. The local court consists of local court judges, heads
And the Deputy Head of the Court. In the local court, in which the number of
The judges exceeds fifteen, can be appointed more than one
Deputy head of court.
Article 22. Jurisdiction of the local court
1. The Local Court is the court of the first instance and is considering cases,
By the procedural law, before the trial.
2. The other common courts are considering civil,
administrative and criminal cases, as well as cases of
Administrative offences. (Part of the second article 22 of the changes made according to the Code)
N 2747-IV 2747-15 ) 06.07.2005)
3. The local courts are considering cases arising from the
of economic relations, as well as other cases, withheld
The procedural law prior to their subjusivity.
4. Places administrative courts are considering administrative
Matters relating to human rights relations
(the case of administrative jurisdiction). (Part 4 of Article 22 of the changes made according to
Code N 2747-IV 2747-15 ) 06.07.2005)
5. Subjury of individual categories of cases to local courts, and
The procedure is also in accordance with the law.
Article 23. Local court judge
The Court of Justice shall:
(1) Justice in the order established by the procedural law;
2) procedural actions and organizational measures
To ensure the case;
3) control according to the law by timely appeal to
The execution of judicial decisions made under his presidency;
(4) Other stipulated by law.
Article 24. Head of the local court and his deputy
(Deputies)
1. Head of the local court:
1) exercise the organizational leadership of the proceedings;
2) determine the scope of the deputy (deputies) of the head
Court;
3) on the basis of an act of appointment to a judge or
the election of a judge without strict or dissenting the authority of the judge
Order of information
4) takes to work and frees workers in the court of the court,
Awarding the ranks of the civil servant in established law
The order applies to the promotion and the discipline of the
The lesion;
5) take measures to ensure the formation of the composition
People's meetings;
(6) Organizing the conduct of judicial statistics;
7) Organize work to boost the qualifications
The staff of the court;
8) represents the court in the sewers with other bodies of the State
authorities, local governments, citizens and other countries
Organizations;
9) exercise other stipulated authority.
Head of the local court on matters belonging to his
authority, issuing orders and orders.
2. The Head of the Local Court shall have a deputy (deputies).
Deputy head of the local court according to the designated head
The Court of Justice participates in the organization of the proceedings. In case
Absence of the head of the court
in accordance with the established distribution of duties on
Organizing the proceedings.
3. Head of the local court and his deputies are appointed to the
post and release from office in the order established by Article 20
of this Act.
4. Head and deputies of the local court may be
The administrative office is reappointed.
Chapter 5
APPELLATE COURTS
Article 25. Species and composition of appellate courts
1. In the system of courts of general jurisdiction, in Ukraine
General and specialized appellate courts.
2. The courts of appeal are: appellate courts
areas, appellate courts of cities Kyiv and Sevastopol, Appellate
Court of Autonomous Republic of Crimea, military appellate courts
and the Court of Appeal of the Naval Forces of Ukraine, as well as
Court of Appeal of Ukraine. If necessary instead of appellate
The court of the region may form appellate general courts,
territorial jurisdiction over several districts
regions.
3. Appellate specialized courts are appellate.
The host courts and appellate administrative courts, which
are formed in appellate districts according to the decree of the President
Ukraine.
4. The Court of Appeal consists of judges, usually
elected to the position of judge ironworks, the head of the court and his
-Deputy.
5. The Court of Appeal is formed in appellate courts. In the warehouse
The general appellate court is formed by the Chamber of Justice in the
Cases and judicial chamber in criminal cases. In the warehouse
A specialized court of appeal may form a court
the House of Review of individual categories of cases for the established
Specialization within the appropriate special judicial jurisdiction.
6. The Court of Appeal of Ukraine acts as a part of:

(Paragraph 1 of the sixth article 25 is excluded from
Codes N 1618-IV ( 1618-15 ) 18.03.2004)

(2) The judicial chamber in criminal matters;
3) of the military judicial chamber.
7. The judges of the Court of Appeal are appointed to the
Order of the Court of Appeal of the Court of Appeal
Court.
8. In appellate courts to address organizational issues
The Court of Appeal shall be held in accordance with the requirements of this Act.
Article 26. Jurisdiction of the Court of Appeal
1. Court of Appeal:
1) view cases in the appellate order according to
The procedural law;
2) view the first instance of the case defined by the law
(other than the Court of Appeal);
3) lead and analyze the judicial statistics, study and
Generalize the judicial practice;
4) provide methodical assistance in the application of legislation
Local courts;
5) carry out other powers provided by the law.
2. The Court of Appeal of Ukraine examines the cases taken to
its subduality, in an appeal order according to the requirements of
The procedural law.
Article 27. Judge of the Court of Appeal
The Court of Appeal shall:
(1) Justice in the order established by the procedural law;
2) procedural actions and organizational measures
To ensure the case;
3) control according to the law by timely appeal to
The execution of the decisions made by the court decision;
(4) Other stipulated by law.
Article 28. Head of the Court of Appeal
1. Head of the Court of Appeal:
1) exercise the organizational leadership of the proceedings;
2) distributes the duties between the deputies of the head of the court;
3) on the basis of the act of election (appointment) by the judge or
The termination of the authority of the judge issued an appropriate order; forms
The Court of Justice and the Court of Justice
Personal storage
4) organize the work of the presidium of the court, to consider it
Questions and heads at the sessions of presidium;
5) organize the conduct and analysis of judicial statistics, study
and a generalization of the judicial practice, has the right to extract from
the relevant court case, the court decisions that have taken legal
Forces;
6) takes to work and frees workers in the court of the court,
Awarding the ranks of the civil servant in order established
by law, applies to them by the promotion and impose disciplinary
The lesion;
7) Organize the promotion of the qualifications of judges and workers
The relevant court;
8) delivers in the established order of funding proposals
costs for the maintenance of the court and the organizational support of its
Activities
9) presents the court in the sewers with other organs of the State
authorities, local governments, citizens and other countries
Organizations;
(10) to propose to the Chairman of the Supreme Court of Ukraine or
Head of the relevant specialized court for the candidature of
for the appointment of heads of heads of local courts and their deputies;
11) exercise other stipulated by law.
The head of the appellate court on matters belonging to his
authority, issuing orders and orders.
2. The Head of the Court of Appeal shall have the first deputy and
The deputies of the head of the court are the heads of court chambers.
3. The Head of the Court of Appeal is appointed for office and
is released from office in the order set by Article 20 of this
The law. The head of the appeal court may be appointed to this
No, no
4. In case of absence of the head of the appellate court, his duties
performs the first deputy chairman and in his absence is Senior
at the age of the Deputy Head of the Court of Appeal-Head of the Judiciary
Please.
Article 29. Members of the Court of Appeal
1. First Deputy Chairman of the Court of Appeal, according to
distribution of duties makes organizational leadership work
structural units of the court and executes other duties determined by the
head of court.
2. Deputy Chairman of the Court of Appeal-Head of the Judiciary
Chambers:
(1) Organize the work of the relevant judicial chamber;
2) forms the collegiate of judges to consider cases, heads in
Court meetings or appoints the judges;
3) organizes the conduct of judicial statistics, analysis and
The generalization of judicial practice in cases taken to the competence
House, has the right to remove from the relevant court,
Decisions taken by the legitimate force;
(4) To inform the pretext of the court on the activities of the Court of Justice;
5) exercise other stipulated authority.
3. First Deputy and Deputy Chairman of the Court of Appeal
appointed by the number of judges and exempt from office in
of the order established by Article 20 of this Act. They can be.
The administrative office is reappointed.
4. In case of necessity of the head of the Court of Appeal for
The court's consent may be from the judges of the court
Assign as part of the judicial chamber of the Deputy Head of the Judiciary
Please.
5. The Deputy Head of the Judicial Chamber of the Court of Appeal performs
The Head of the Court of Justice concerning the organization of its activities and
Acting as chairman of the Court of Justice in the case of his absence.
In the absence of a deputy head of the judiciary
The Court of Justice is held by the House of Justice.
Article 30. Presidium of the Court of Appeal
1. Prior to the presidium of the appellate court, the head of the court,
Deputy, as well as judges whose quantification is determined by
Decision of the General Assembly of the Court. Judges elected to
of the Court of Justice of the Court of Justice
Secret ballot.
2. Presidium of the Court of Appeal:
1) examines the matters of organization of court activities,
Chambers and apparatus of the court;
2) by the post of the head of the Court of Appeal approves
The personal composition of the court chambers, determines the number of deputies
Head of the Court of Justice;
3) hears the information of the heads of court chambers on the activities
Chambers;
4) examines the materials of the generalization of judicial practice and
Analysis of judicial statistics, accepts relevant recommendations;
5) examines the issue of organizational support
The court makes suggestions for his improvement;
6) examines the issue of work with frames of judges and workers
The Court of Justice and the promotion of their qualifications;
7) hears the information of the heads of local courts on
The organization of these courts;
8) provides methodical assistance to local courts for the purpose of
To ensure the correct application of legislation;
9) provide decision making decisions of the judges of the relevant
Court;
10) exercise other stipulated by law.
3. The meeting of the presidium of the Court of Appeal is not held less frequently
once a month. The Bureau of Presidium is authorized if
The meeting is at least two-thirds of its composition. Productions
The presidium is accepted by an open or secret vote by a majority
the votes of its members who participated in the meeting, and are signed
the head of the court or his deputy, who presided over the meeting.
Article 31. Jury trial
1. To review cases defined by the procedural law, in
General appellate courts (except the Court of Appeal of Ukraine)
Jury courts.
2. The order of jury formation is set by this
By law, and the order of participation in the
The procedural law.
Chapter 6
COURT OF CASSATION OF UKRAINE
(Article 32 lost the validity of what was deemed to be
unconstitutional, based on the decision of the Constitutional Court
N 20-p/ 2003 ( v020p710-03 ) 11.12.2003)
Article 32. Proceedings of the Court of Cassation of Ukraine
1. The Court of Cassation of Ukraine acts as a member of the judiciary
The office of the Court of Justice and its deputies.
2. The Court of Cassation of Ukraine acts as follows:
(1) The judicial chamber in civil cases;
(2) The judicial chamber in criminal matters;
3) military judiciary.
3. The court ' s treasure is formed by the post of the head of the court in
Order of paragraph 2 of Part Two Article 30 of this
The law.
4. In the Court of Cassation of Ukraine to address organizational decisions
The question of question shall be in accordance with the requirements of this Act
(Article 33 lost its validity as recognized by the
unconstitutional, based on the decision of the Constitutional Court
N 20-p/ 2003 ( v020p710-03 ) 11.12.2003)
Article 33. Jurisdiction of the Court of Justice of Ukraine
1. The Court of Cassation of Ukraine:
1) views in the case of the case, attributed to its
subduality, as well as other cases in cases defined by
The procedural law;
2) lead and analyzes the judicial statistics, studies and generalizes
Judicial practice;
3) provides methodical assistance in the application of legislation
Lower level courts;
4) exercise other powers provided by the law.
2. The care of cases in the Court of Cassation of Ukraine is carried out
There are no fewer than three judges.
(Article 34 lost its validity as deemed to be true)
unconstitutional, based on the decision of the Constitutional Court
N 20-p/ 2003 ( v020p710-03 ) 11.12.2003)
Article 34. Judge for the Court of Justice of Ukraine
The Justice of the Court of Cassation of Ukraine shall:
(1) Justice in the order established by the procedural law;
2) procedural actions and organizational measures
To ensure the case;
3) control according to the law by timely appeal to
The execution of the decisions made by the court decision;
(4) Other stipulated by law.
(Article 35 lost the validity of what was deemed to be
unconstitutional, based on the decision of the Constitutional Court
N 20-p/ 2003 ( v020p710-03 ) 11.12.2003)
Article 35. Head of the Court of Cassation of Ukraine
1. Head of the Court of Cassation of Ukraine commits the authority to
Under article 28 of this Act.
2. Head of the Court of Cassation of Ukraine is appointed for office and
is released from office in the order set by Article 20 of this
The law. The Head of the Court of Justice of Ukraine may be appointed to
That's the job again
3. Head of the Court of Cassation of Ukraine has the first deputy and
The deputies of the head of the court are the heads of court chambers.
4. In case of absence of the head of the Court of Cassation of Ukraine,
the duties perform the first deputy chairman, and in his absence-
The senior deputy head of the court is the head of the judicial chamber.
(Article 36 lost the validity of what is deemed to be
unconstitutional, based on the decision of the Constitutional Court
N 20-p/ 2003 ( v020p710-03 ) 11.12.2003)
Article 36. Deputies of the Head of the Court of Cassation of Ukraine
1. First Deputy Head of the Court of Cassation of Ukraine
in accordance with the distribution of duties for organizational
management of the court ' s structural units and other
the powers defined by the head of the court
2. Deputy Head of the Court of Cassation of Ukraine-Head of the Judiciary
The Chamber is exercised by article 29 of that Act.
3. First Deputy and Deputy Head of the Court of Cassation
Ukraine is appointed to the post on the number of judges of this court and
be dismissed from office in the order set by Article 20 of this
The law. They can be assigned to administrative positions
Again.
4. Head of the Court of Cassation of Ukraine with the approval of the Presidency
court may appoint the judges of this court to the court
the Deputy Head of the Judiciary.
5. Deputy Head of the Judicial Chamber of the Court of Cassation of Ukraine
executes the head of the Court of Justice concerning the organization of its
And in his absence, responsibilities of the head
The Court of Justice. In the absence of a deputy head of the judiciary
The Chief Justice of the Judiciary
Please.
(Article 37) lost its validity as deemed to be
unconstitutional, based on the decision of the Constitutional Court
N 20-p/ 2003 ( v020p710-03 ) 11.12.2003)
Article 37. Presidium of the Court of Justice of Ukraine
1. Before the presidium of the Court of Cassation of Ukraine, the Head of the Court
his deputies as well as judge, quantitative and personal warehouse
The President of the Court of Justice
2. The Presidium of the Court of Cassation of Ukraine commits the authority to
Under article 30 of this Act.
3. Meeting of the Presidium of the Court of Cassation of Ukraine is not held
less than once a month. The session of the presidium is the Plenipotentiary,
If the meeting is at least two-thirds of its composition.
Orders of presidium are made open or secret ballot
the majority of the votes of its members who participated in the meeting, and
signed by the head of court or his deputy, who presided
The meeting
Chapter 7
HIGHER SPECIALISED COURTS
Article 38. Higher courts of specialized courts
1. High courts of specialized courts are the Supreme Court
Judicial Court of Ukraine, Supreme Administrative Court of Ukraine, and
also other relevant higher specialized courts forming the
The President of Ukraine is in the order established by this Act.
2. High specialised courts consist of judges elected to the
The office of the Court of Justice and its deputies.
3. In a higher specialized court may form judicial proceedings
House to review individual categories of cases by definition
Specialization within the appropriate special judicial jurisdiction.
4. Proceedings of the Court Chambers of the High Specialized Court
is formed by the post of the head of the court in order stipulated
Part 2 of the Second Article 43 of this Act.
5. In a higher specialized court to address
the organisational issues of the court ' s presidency as part of the head of court, his
Deputies, deputies of the heads of chambers, as well as judges of the court,
The President of the General Council of the Republic of the United States of America
6. To address the general issues of the activities of the
The specialized courts in the top specialized court acts Plenum
a top specialist court.
7. Higher specialized courts may have printed organs.
8. Higher specialised courts may form
Scientific advisory structures.
9. Higher specialised courts are in the city of Kiev.
Article 39. Jurisdiction of the Supreme Specialized Court
1. High Specialized Court:
(1) views in relation to the case of the relevant judicial system
jurisdiction, as well as other cases in cases defined by the
The procedural law;
2) lead and analyzes the judicial statistics, studies and generalizes
Judicial practice;
3) provides methodical assistance to lower-level courts with the purpose of
the same application of the norms of the Constitution of Ukraine and laws
judicial practice on the basis of its generalization and analysis of
statistics; gives specialized vessels lower-level recommendation
Clarification on the application of legislation to address the
Cases of relevant judicial jurisdiction;
4) exercise other powers provided by the law.
2. The care of cases in the top specialized court is carried out
A collegiate.
Article 40. Supreme Specialized Court Judge
1. Judge of the High Specialized Court:
1) exercise justice in the order defined by the procedural
Law;
2) fail the procedural action and make organizational actions
measures necessary to ensure timely and qualitative information
Review of cases
3) commits to the law on the timely basis of
An appeal to the fulfillment of his participation in the
Decisions;
(4) authorship other stipulated powers.
2. The Judge of the High Specialized Court has an assistant.
An assistant judge can be a Ukrainian citizen who has a higher
Legal education.
Article 41. Head of the Supreme Specialized Court
1. Head of the High Specialized Court:
1) exercise the organizational leadership of the proceedings;
2) distributes the duties between the deputies of the head of the court;
3) on the basis of the act of election to the judge of the highest
of a specialized court or termination of the authority of the Court of
Gives an appropriate order; forms the judicial chambers
approval of the pretext of the court of proposal for their personal
Composition;
4) organize the work of the presidium of the court, to consider it
questions and heads at its meetings; call the Plenum of higher
of a specialized court, put on his consideration of the question and famines
in its meetings; it may be presided over in the court meetings of the colleges
The judges of the highest specialized court in consideration of any case,
Report of the President of the United States of America
5) manages the organization of the work of the courts, commits
Management of the corresponding top specialist equipment
Court;
6) organize the conduct and analysis of judicial statistics, study
and a generalization of the judicial practice, has the right to extract from
the relevant court case, the court decisions that have taken legal
Forces;
7) takes to work and frees the staff of the court,
Awarding them the ranks of the civil servant in the order set forth
by law, applies to them by the promotion and impose disciplinary
The lesion;
8) agree on the presentation on the formation and elimination of the relevant
Local and appellate specialist courts;
9) contribute to the appointment and election without construction
Judges of relevant local and appellate specialized courts,
The supreme court of law, as well as the dismissal of them from the office;
(10) to submit to the appointment of judges on administrative
Positions in the order established by this Act;
11) approves the staffing and cost of the cost of maintenance
The corresponding supreme court;
12) Organize the promotion of the qualifications of judges and workers
The apparatus of the highest specialized court;
13) gives in the prescribed order of proposals for
Funding for the costs of holding a court and organizational
Ensuring its activities;
14) inform the Plenum of the Supreme Court of Ukraine about the activities
The highest specialized court;
15) presents a higher specialized court and appropriate
a system of specialized courts in the sewers with other organs
public authorities, local government bodies, citizens and citizens
Organizations, authorities and organizations of other states;
16) exercise other stipulated by law.
Head of the top specialized court on issues belonging to the
his powers, issued orders and orders.
2. Head of the top specialist court is appointed by
the position of judges of the court and is dismissed from the office of
Representation of the President of the Supreme Court of Ukraine in the order established
Article 20 of this Act.
3. Head of the top specialized court may be appointed
That's the job again.
4. Head of the High Specialized Court has the first deputy
and the Deputy Head of the Court.
5. In case of absence of the head of a higher specialized court
his duties fulfills the first deputy head of the court, and for his
Absence-one of the deputies of the head of this court, according to
distribution of duties.
Article 42. Deputies of the High Specialized Court
1. First deputy and deputy head of higher
A specialized court is carried out by the leadership of the structural
departments of the court according to the established distribution of duties
and fulfill other duties defined by the head of the court; may
to be presided over by the courts of judges of the
a specialist court.
2. Deputy Head of Higher Specialized Court-Chairman
The Court of Justice:
(1) Organize the work of the relevant judicial chamber;
2) forms the collegiate of judges to review court cases, heads the
In court meetings or appoints the judges;
3) organize the conduct and analysis of judicial statistics, study
and the generalization of judicial practice in cases taken to
the competence of the Chamber of Justice; has the right to extract from the relevant
The Court of Justice, whose decisions were made of the legitimate force;
4) inform the presidium of a top specialist court of
Activities of the judicial chamber;
5) provides methodical assistance to specialized courts with the purpose of
The correct application of legislation
(6) authorship other stipulated powers.
3. First deputy and deputy head chairmen
of a specialized court appointed to the office of judges
the given court and is dismissed from the post at the suggestion of the head of the highest
of a specialized court in the order established by Article 20 of this
The law. They can be assigned to administrative positions
Again.