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On Amending The Law Of Ukraine "about Court Of Arbitration"

Original Language Title: Про внесення змін до Закону України "Про арбітражний суд"

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C A C U A TO R S
(Law loses validity from 01.06.2002 except item 8)
"Final and transitional provisions" on the basis of the
Law N 3018-III 3018-14 ) 07.02.2002, VR, 2002,
N 27-28, pp. 180)
On Amendments to the Law of Ukraine
"The Court of Arbitration"
(Information of the Verkhovna Rada of Ukraine (VR), 2001, N 40, pp. 194)

Verkhovna Rada of Ukraine Oh, I am. :
I. Introduce to the Law of Ukraine "On the Arbitration Court" 1142-12 )
(Information of the Supreme Council of the Ukrainian SSR, 1991, N 36, st. 469;
The Verkhovna Rada of Ukraine, 1992, N 32, st. 455; 1993, N 33,
Oh, 348; 1997, N 18, pp. (124) Such changes:
1. The name of the Act shall be taught in such an editorial:
" With A C O U R A, A
"House Courts".
2. Article 2, after the words "Constitution of Ukraine" 254k/96-PL )
complemented by the words "Law of Ukraine" On the Judiciary " ( 2022-10 ), a
the words " interstate treaties and agreements ratified by the
"replace" with the words "with the words" by international instruments,
the consent of the Verkhovna Rada of Ukraine ".
3. In Article 4:
in the paragraph of the first word "forms on the basis of appointment"
all judges by the Verkhovna Rada of Ukraine and to " exclude;
Item 5:
" 5) complete fixing the judicial process by technical means in
the order established by the law ";
after paragraph 6 of the complement of paragraph 6-1 of this content:
" 6-1) Providing an appellate and concerning appeal
the decisions of the master court, other than cases established by law. "
4. Article 5 of the Board of Editors:
" Article 5. The host system
The hosts are specialized courts in the judiciary.
General jurisdiction.
The hosts constitute the only three-year system.
The specialised courts that make up:
Local courts;
The Court of Appeal;
"Supreme Court of Ukraine".
5. Add the Act of Article 5 to 1 such content:
" Article 5-1. Local courts
Local hosts are the host court.
Autonomous Republic of Crimea, host courts of areas, cities of Kiev
And Sevastopol.
Local courts are the courts of the first instance.
President of Ukraine for the post of the Chairman of the High Master
A court of Ukraine may form other local farms
(urban, inter-district, special (free) economic zones, etc.) "
6. In Article 6:
The title of the article is as follows:
" Article 6. The authority of the local hosts ";
Item 2:
" (2) views the newly discovered circumstances adopted by
the solution. "
7. Article 7 of the Board of Editors:
" Article 7. Warehouse of the local master court
The Court of Appeal of the Autonomous Republic of Crimea, Region, Bridge
Kiev and Sevastopol are made up of the head, the first deputy
Heads, heads and judges.
In the host court of the Autonomous Republic of Crimea, the region,
The cities of Kiev and Sevastopol may introduce specialization
The case of judges to consider cases of individual categories.
8. In Article 8:
The title of the article is as follows:
" Article 8. The head of the local master court ";
part of the first and second to replace part of this content:
" The State Court of the Autonomous Republic of Crimea, Region, Bridge
Kiev and Sevastopol heads the head of the respective master
" Court.
For this part, the third is considered part of the second;
In part two:
Item 1 of the Board of Editors:
" 1) carries the judge ' s function in the order set
The economic procedural code of Ukraine ";
paragraph 2 supplements with the words " in cases, predicted
The economic procedural code of Ukraine, forms the collegium
Judges and appoints a holocaust ";
in paragraph 6 of the words " by the Verkhovna Rada of Ukraine
and the arbiters "replace" with the words "and the election of judges".
9. Paragraph 1 of Article 9 is set out in this edition:
" 1) carry out the judge ' s function in the order set
"National Procedure Code of Ukraine".
10. To address the Act of Articles 9-1, 9-2, 9-3, 9-4, 9-5
content:
" Article 9-1. Courts of appeal
The courts of appeal are courts of appeal.
Appellate courts are formed by the President of Ukraine
for the post of the Chairman of the Supreme Court of Ukraine of Ukraine
determining the territory on which the powers of the appellate are distributed
The hosts, their whereabouts.
Article 9-2. Composition of the Court of Appeal
The Court of Appeal consists of the head of the court,
the first deputy head, heads of head and judges and exercises
the justice of the judges.
The Court of Appeal may introduce
Specialization of judges in individual categories of cases.
Article 9-3. Authority of the Court of Appeal
The Court of Appeal:
(1) Views in the appellate order of local
of the host courts, which are included in the territory to which the
His authority;
2) view the newly discovered circumstances adopted by
Decision
3) study and generalizes the practice of applying legislation,
analyzes the statistics of host disputes, delivers
Proposals for the High Master Court of Ukraine
Legal regulation of economic activities and practices
resolving the economic disputes and the violation of the
Constitutional Court of Ukraine on official interpretation
Laws of Ukraine
(4) To conduct a work aimed at prevention of offences
In the area of economic relations;
5) exercise other powers provided by the law.
Article 9-4. Head of the Court of Appeal
Head of the Court of Appeal:
1) carries the judge ' s function in the order set
The economic procedural code of Ukraine;
2) forms the collegiate of judges and appoints a holistic college;
(3) distributes judicial proceedings between the members of the judges;
4) shares the duties between the deputies of the head and the judges
The Court of Appeal;
(5) provides the selection and preparation of candidates for the judge;
6) approve the structure, state painting and cost savings costs.
Maintenance of the Court of Appeal;
7) organize the activities of the Court of Appeal and
is responsible for performing the tasks laid down.
The court of appeal, issued within its authority
Orders and other acts; appoints and dismiss
The staff of the Court of Appeal, applies
They are encouraged to promote and impose disciplinary lesions;
8) to bring the Head of the Supreme Court of Ukraine to the submission
concerning the appointment and election of judges, the setting of numbers
workers and appropriations for the relevant appellate
Court;
9) exercise other powers provided by the law.
Article 9-5. Deputy Head of the Court of Appeal
Deputies of the Head of the Court of Appeal
Implemented by:
1) the power of the judge in the order stipulated by the Lord
The procedural code of Ukraine;
2) according to the distribution of job management
The structural units of the Court of Appeal of the Court of Appeal;
"(3) Other powers provided by law".
11. Article 10 of the Board of Editors:
" Article 10. Supreme Court of Ukraine
The Supreme Court of Ukraine is the supreme judicial body
of the House of Justice of Ukraine in the
"economic relations".
12. Article 11 of the Board of Editors:
" Article 11. Composition of the Supreme Court of Ukraine
Supreme Court of Ukraine consists of Chairman, first
Deputy Chairman, deputies of the Chairman and judges and acts as a member of the
The panel of judges.
The High Court of Justice of Ukraine is formed by the Presidium of
Advisory and advisory body in the Head of the High Master
Court of Ukraine ".
13. In Article 12:
in part one:
Item 1 of the Board of Editors:
" (1) views in relation to the decision of the appellate and
Local hosts ";
Point 2 to exclude.
In this regard, paragraphs 3 to 7 were considered under paragraph 2 to 6.
in paragraph 2 of the word " The Birth of the High Arbitration Court is
Mandatory for judges and members of the public relations,
"The law of which the laws are to be applied, there is such a dissent."
exclude;
Paragraph 4 after the word "management"
"appellate hosts, as well as";
Add a part of paragraph 5-1 to this content:
" 5-1) provides the activities of the qualification commission of judges
Hosts ";
Part of the second exception.
14. Article 13 is set out in this edition:
" Article 13. Head of the Supreme Court of Ukraine
Head of the Supreme Court of Ukraine:
1) performs the judge in the order set forth
The economic procedural code of Ukraine;
2) organises the activities of the Supreme Court of Ukraine
and is responsible for performing the tasks put on the High
The host court of Ukraine, issued within its powers of orders
and other acts; appoints and frees employees
The hardware of the High Court of Ukraine, takes measures
encourage and impose disciplinary lesions on workers
The apparatus of the High Court of Ukraine;
3) provides organizational leadership for the work of the hosts
The courts of Ukraine;
4) shares the duties between the deputies of the Chairman and the Judges
The Supreme Court of Ukraine; forms the composition of the panel of judges
The Supreme Court of Ukraine and distributes between them
Case
5) approve the structure, state painting, cost savings.
Detention of hosts of Ukraine, position on structural
Units of the Supreme Court of Ukraine;
(6) to be in the established order of order
concerning the appointment and election of judges of the host courts and to
To interpret the laws of Ukraine;
7) contribute to the approval of the quantitative and
Personal composition of the Presidium of the High Court of Ukraine,
Convening their meetings and heads on them;
(8) proposing proposals to the Supreme Court of Ukraine on
to the Constitutional Court of Ukraine on the review of
The Constitution of Ukraine 254k/96-PL )
(constitutionality) of the laws and decrees of the Verkhovna Rada of Ukraine,
Acts of the President of Ukraine, Cabinet of Ministers of Ukraine and the Verkhovna Rada of Ukraine
For the sake of the Autonomous Republic of Crimea;
9) exercise other powers established by law. "
15. In Article 14:
Item 1 of the Board of Editors:
" 1) carries out the functions of the judge and other powers predicted
The economic procedural code of Ukraine ";
Item 2:
" 2) powers the powers of the Head of the Supreme Court
on his behalf or in the case of his absence. "
16. Articles 15 and 16 to exclude.
17. Article 17 of the Board of Editors:
" Article 17. Presidium of the Supreme Court of Ukraine
The Presidium of the Supreme Court of Ukraine is formed in
Head of the Supreme Court of Ukraine of Ukraine (voice) and
" Deputies of the Heads of State and Several Judges.
Number of members and composition of the Presidium of the High Court
Ukraine is approved by the meeting of judges of the High Court
Ukraine by the Head of the Supreme Court of Ukraine.
The meeting of the Presidium of the Supreme Court of Ukraine is
As a commissioner, there is no less than two-thirds of the members of the presidency.
Decision of the Presidium of the Supreme Court of Ukraine
accepted by the open vote by the majority of the members
The presidium and the decisions of the Head of the High Master
the Court of Justice of Ukraine within its authority ".
18. Article 18 is set out in this edition:
" Article 18. Authority of the Presidium of the High Court
Ukraine
The Presidium of the Supreme Court of Ukraine:
1) examines the issues of organization and activities, selection
Personnel systems of Ukraine;
2) examines the materials of generational practice, analysis
statistics and gives a clarification about the practice of applying
legislation of Ukraine which regulates relations in the economic sector
And the order for the review of economic disputes;
3) examines other issues that are being made by Chairman or member
"Presidium of the Supreme Court of Ukraine".
19. Article 19 was set out in this edition:
" Article 19. List of judges of the Supreme Court of Ukraine
To consider cases in the High Master Court of Ukraine
are formed by the collegiate of judges of the judges of the High Master's
Ukraine court.
A panel of judges consists of three or five judges depending on the
from the category and complexity of the case.
The Board of Judges is formed by the Head of the Supreme Court
Ukraine ".
20. Article 21:
part of the third after the words "his deputies" to supplement the words
"the heads of the appellate hosts and their deputies";
in part of the fourth word "in captivity or presidium" to replace
"Vote".
21. Second sentence of Article 22 after the words "Right to employment"
The judges "complement the words" of the court of appeal,
as well. "
22. Part of the second article 32 after the words " High Arbitration Court
"to supplement" the words " appellate hosts, and
Also ".
23. Article 34:
in part of the first word "and other workers" to exclude, but
after the words "Higher arbitration court of Ukraine"
"The appellate hosts, as well" and the words "Supreme Court"
The Council of Ukraine "replace the words" by the President of Ukraine ";
the second sentence of the third part after the word "post"
The words "assistant judges";
In part four:
the first sentence after the word "painting"
"The Court of Appeal, as well as";
a second sentence after the words "In the apparatus", in addition to the words
"The Court of Appeal", and after "posts"
Please, add to the words "Judges of Judges".
24. Article 35:
Part three after the words "High arbitration court" supplement
The words "appellate courts, as well as";
part of the fourth after the words "High Arbitration Court"
complemented by the words "appellate courts", and
"Cabinet of Ministers of Ukraine" to replace "
"Cabinet of Ministers of Ukraine";
in part five of the word " Office of the Affairs of the Council of Ministers
The Autonomous Republic of Crimea "replace the words" by the Council of Ministers
The Autonomous Republic of Crimea ";
in part six words " executive committees of the regional and
Kiev City Council of People's Deputies "replace the words"
"Cloud, Kiev and Sevastopol city government"
"administrations".
25. Article 37, after the words "High Arbitration Court of Ukraine"
In addition to the words "Court of Appeal, as well as".
26. In the text of the Law the word "arbitration" in all differences
replace the word "host" in their respective differences.
II. Final and Transitional Provisions
1. This Act will take effect from the day of its publication.
2. Arbitration Courts of the Autonomous Republic of Crimea, Regions, Cities
Kiev and Sevastopol acquire status of local host courts.
and continue to carry out the proceedings from the cases taken to their
Under the jurisdiction of the Criminal Code of Ukraine.
3. Judges of the arbitration courts of the Autonomous Republic of Crimea,
areas, cities of Kiev and Sevastopol exercise the power of judges
the local master court until the end of the line they
the selected or intended.
The judges of these courts are kept existing to the dress.
the Act of the Law of the Material and Social and
Secure.
4. Heads and deputies of heads of arbitration courts
Republic of Crimea, areas, cities of Kiev and Sevastopol are carried out
Powers of Heads and Deputies of Heads of Local
courts.
5. Court of Appeal established by the President of Ukraine
in accordance with Article 9-1 of this Act, exercised the authority
Courts of appeal.
Recommend Head of the Supreme Court of Ukraine
assign temporary acting duties to the heads of the newly formed
Appellate hosts for the period of the formation of their composition,
but not longer than one year on the day of the Act.
6. According to the judges of the High Arbitration Court of Ukraine.
Judges on the positions of judges of the Court of Appeal are held
conditions of material, social and medical and medical
The judge of the Supreme Court of Justice of Ukraine.
7. The Supreme Court of Arbitration of Ukraine acquires the status of Higher
of the Court of Justice of Ukraine as a higher specialized court and
concerning the information of the Convention, and other powers provided
That and other laws of Ukraine.
8. Judges of the Higher Arbitration Court of Ukraine
the authority of the Judge of the High Court as a relation to the
to the end of the line at which they are chosen or assigned.
According to the judges of the Supreme Arbitration Court of Ukraine,
Existing prior to the Act of the Law of the
Welfare and health care.
9. Head of the Supreme Arbitration Court of Ukraine, his deputies
Exercising the power according to the Head of the High Master
court of Ukraine, his deputies provided by this Act, before
end of the line on which they are selected on the specified position, but not
Longer than five years.
10. The Presidium of the Supreme Court of Justice of Ukraine is exercised
Established by the Law of Presidium of the High Commissioner
the Court of Justice of Ukraine in the squad approved prior to the
By law.
11. Cabinet of Ministers of Ukraine provides for the
the order of funding and proper conditions for the exercise of justice
Appellate hosts.

President of Ukraine
Um ... Kiev, 21 June 2001
N 2538-III