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UNOFFICIAL TRANSLATION

The Law of Ukraine

ON THE JUDICIAL SYSTEM OF UKRAINE

Section 1. FUNDAMENTALS OF THE JUDICIAL POWER

Chapter 1. GENERAL PROVISIONS

Article 1. Judicial power

1. The state power in Ukraine shall be exercised on the basis of its division into legislative, executive and judicial branches.

2. The judicial power shall be exercised through administration of justice in the form of civil, commercial, administrative, criminal and constitutional judicial procedure. The judicial procedure shall be administered by the Constitutional Court of Ukraine and the courts of general jurisdiction.

3. The jurisdiction of courts shall cover all legal relations that arise in the state.

Article 2. Objectives of a court

While administering justice in the name of Ukraine and on the basis of the rule of law, a court shall secure the protection of the rights and freedoms of a human being and citizen, as guaranteed by the Constitution and laws of Ukraine, the rights and legitimate interests of legal entities, and interests of the public and the State.

Article 3. The court system of Ukraine

1. The court system of Ukraine shall consist of the Constitutional Court of Ukraine and the courts of general jurisdiction.

2. The courts of general jurisdiction shall form the single system of courts. The Constitutional Court of Ukraine shall be the single body of constitutional jurisdiction in Ukraine.

3. The court system shall provide accessibility of justice for every person.

4. The creation of extraordinary and special courts shall not be permitted.

5. The procedure of organization and operation of the Constitutional Court of Ukraine shall be determined by the Constitution and the law on the Constitutional Court of Ukraine.

Article 4. Legislation on the judicial system of Ukraine

The judicial system of Ukraine shall be determined by the Constitution of Ukraine, this Law and other laws. The status of judges shall be determined by the law on the status of judges.

Chapter 2. PRINCIPLES OF ADMINISTRATION OF JUSTICE IN UKRAINE

Article 5. Justice administered exclusively by courts

1. Justice in Ukraine is administered exclusively by courts. The delegation of court functions, and also appropriation of these functions by other bodies or officials shall not be permitted.

2. The persons that have illegally assumed the court functions shall be liable under the law.

3. The people shall directly participate in administration of justice through people's assessors and jurors. The participation of people's assessors and jurors in administration of justice is their public duty.

Article 6. The right to judicial protection

1. All legal persons of law shall enjoy a guaranteed protection of their rights, freedoms and legitimate interests by an independent and unbiased court created pursuant to the law.

2. The courts of first instance [trial courts], the courts of appeal and the courts of cassation [review] shall operate in Ukraine for the purpose of comprehensive, complete and unbiased consideration of cases and the lawfulness of court rulings.

3. Nobody shall be denied the right to have his/their case heard in a court having the jurisdiction over that case prescribed by procedural law. The agreements on refusal of applying to court for judicial protection are regarded as invalid.

4. Nobody shall be denied the right to take part in consideration of his/their case in a court of any instance in line with the procedure established by the provisions of procedural law.

5. Foreign nationals, stateless persons and foreign legal entities enjoy the right in Ukraine to legal protection equally with the citizens and legal entities of Ukraine.

Article 7. Equality before the law and the court

Justice in Ukraine is administered on the principles of equality of all participants in legal proceedings before the law and the court without distinction of their sex, race, color, language, political, religious and other convictions and beliefs, national or social origin, property status, type and nature of occupation, domicile and other circumstances.

Article 8. Legal assistance during the court hearings

1. Each person has the right to legal assistance during the court hearings.

2. The Bar shall be available for rendering the legal assistance during the court hearings, while in cases, fixed by the law, such assistance may be also provided by other persons. The procedure and conditions of rendering the legal assistance are determined by the law. In cases provided for by the law the legal assistance may be given free of charge.

Article 9. Transparency of the court proceedings

1. Nobody shall be limited in the right to receive in a court the written or verbal information about the results of consideration of his/their case by court.

2. The proceedings in all courts shall be open to the public except the cases defined by procedural law. Participants in court proceedings and other persons, attending the public hearings, may make notes in writing. Photographing, filming, TV, video and sound recording in a courtroom with the use of standard equipment, also broadcasting of a court session may be allowed by permission of a court in the manner prescribed by procedural law.

3. Hearings in camera may be allowed by court's decision in cases set forth by procedural law.

4. When hearing a case, the court proceedings are registered by technical facilities in the manner prescribed by procedural law.

Article 10. Language of Judicial Procedure

1. Judicial procedure in Ukraine shall be carried out in the official national language.

2. Other languages may also be applied in cases provided for by the law and pursuant to the procedure stipulated thereby.

3.Persons that have no or incomplete command of the official language are entitled to use their natural languages and take advantage of translator/interpreter services in the course of a trial. In cases provided for by procedural law this right shall be secured by state.

Article 11. The binding force of court rulings

1. The court rulings that mean the end of hearing a case in a court shall be approved in the name of Ukraine.

2. The court rulings that have become legally valid are binding for all state bodies, local self-government authorities, their officials, public associations and other organizations, citizens and legal entities in the whole territory of Ukraine. The binding force of court rulings for other courts, prosecutor's offices, investigation and inquest bodies is specified by procedural law.

3. The court rulings of other countries are binding in the territory of Ukraine provided they are recognized by a relevant court of Ukraine in accordance with the procedure established by the Ukrainian legislation pursuant to the international treaties of Ukraine whose binding force has been approved by the Verkhovna Rada [parliament] of Ukraine.

4. Failure to comply with the court rulings shall entail legal liability under the law.

Article 12. The right to appeal against court rulings

Participants in court proceedings and other persons have the right to appeal against and take review of a court ruling in cases and according to the procedure set forth by procedural law.

Article 13. Collective and one justice consideration of cases

1. In the courts of first instance the cases may be considered individually by one judge, by the panel of judges or by a judge and people's assessors, also by the jury in cases fixed by procedural law.

2. In case of one justice examination a judge acts as a court.

3. The cases involving the appeals, cassation and other circumstances specified by the law shall be considered by a court collectively by at least three professional judges pursuant to the law. The cases involving the repeated cassation shall be heard by the judges of a relevant judicial chamber of the Supreme Court of Ukraine in the manner prescribed by procedural law.

Article 14. Independence of courts and judges

1. Courts administer justice independently. When administering justice, judges shall neither depend on any influence nor shall they be accountable to whatsoever authority; and they shall abide only by the law.

2. Guarantees of the independence of courts and judges are fixed by the Constitution of Ukraine, this Law and others laws currently effective in Ukraine.

3. State bodies and officials, local self-government authorities, their officials, also legal entities, citizens and their associations shall respect the independence of judges and not encroach upon it.

4. Courts shall not hear the cases submitted by the citizens, officials or institutions that are not the participants in the court proceedings pursuant to the law unless specified otherwise by procedural law.

5. Interference into administration of justice, influence upon a court or judges in any manner, contempt of court or against judges, collection, keeping, use and dissemination of the information in verbal, written or another form with the aim of damaging their authority and affecting the impartiality of justice shall be prohibited and legally liable pursuant to the law.

6. Judges are guaranteed the freedom of unbiased consideration of court cases pursuant to their personal convictions.

7. Independence of courts and judges shall be secured by the following:

special procedure of appointment, election, answerability and dismissal of judges;

permanent status of judges, immunity of judges;

procedure of administering justice, secrecy of making a court ruling in the manner prescribed by procedural law;

prohibition of interference into administration of justice;

legal liability for the contempt of a court or against a judge;

special procedure of funding, institutional, personnel, material, technical and information support of courts;

adequate material and social support of judges;

functioning of judicial self-administration authorities;

means of personal security of judges, protection of their families, property and other means of their legal protection set forth by the law.

8. When passing the new laws or amending the laws currently effective in Ukraine, it is prohibited to narrow the contents and scope of the guarantees of independence of courts, independence of judges and their legal protection specified by the law.

Article 15. Immunity of judges

1. The immunity of judges is guaranteed by the Constitution of Ukraine, the law on the status of judges and other pertinent laws.

2. the guarantees of immunity of judges also apply to people's assessors and jurors when they perform the duties in a court involving the administration of justice.

Article 16. Permanent status of judges

1. Professional judges of the courts of general jurisdiction shall hold their posts for an unlimited term with the exception of the judges that are appointed to the post for the first time.

2. The judges elected for an unlimited term shall hold the post of a judge until reaching the age of 65. Prior to termination of this term they may be dismissed only on the grounds specified in Article 126 of the Constitution of Ukraine.

Article 17. Judicial self-government

The judicial self-government shall be applied to solve the problems pertaining to the internal activity of courts pursuant to this Law.

Section II. COURTS OF GENERAL JURISDICTION

Chapter 3. INSTITUTIONAL FRAMEWORK OF THE SYSTEM OF COURTS OF GENERAL JURISDICTION

Article 18. Types of the courts of general jurisdiction

1. In accordance with the Constitution of Ukraine, the system of general jurisdiction courts is based on the principles of territorial division and specialization.

2. The system of courts of general jurisdiction includes the following:

1) local courts;

2) courts of appeal;

3) the Court of Cassation of Ukraine;

4) higher specialized courts;

5) the Supreme Court of Ukraine.

3. The highest judicial authority in the system of general jurisdiction courts is the Supreme Court of Ukraine. The highest judicial authorities of specialized courts are the relevant higher courts.

4. The unity of the system of general jurisdiction courts shall be secured by:

common principles of organization and operation of courts;

single status of judges;

binding force of the rules of judicial procedure, fixed by the law, for all courts;

identical application of laws by the courts of general jurisdiction secured by the Supreme Court of Ukraine;

binding force of the court rulings in the whole territory of Ukraine;

establishment of the single procedure of support of courts operation and funding of courts exclusively from the State budget of Ukraine;

settlement of the issues relating to internal operation of courts by the judicial self-government authorities.

Article 19. Specialization of the courts of general jurisdiction

1. In accordance with the Constitution of Ukraine, general and specialized courts of different jurisdictions are set up within the system of courts of general jurisdiction. The military courts are classified as the general courts, and they shall administer justice in the Armed Forces of Ukraine and other military units established pursuant to the law.

2. The specialized courts are represented by commercial, administrative and other courts that are classified as the specialized courts.

3. Specialization of courts for consideration of specific categories of cases of a given jurisdiction may be implemented in the courts of different jurisdictions.

Article 20. Establishment of courts

1.Courts of general jurisdiction shall be established and dissolved by the President of Ukraine pursuant to this Law and as recommended by the Minister of Justice of Ukraine and agreed with the Chief Justice of the Supreme Court of Ukraine or with the chairman of a relevant higher specialized court.

2.Court location and status shall be determined accounting for administrative, territorial and specialization principles.

3.Courts shall be established or dissolved on such grounds as the changes in administrative system and territorial division, redeployment of troops, restructuring of Ukraine’s Armed Forces or thee changes in the court system as prescribed by this Law or on any other grounds stipulated by the law.

4.The number of judges at courts shall be determined by the President of Ukraine on the basis of recommendations of the Head of Ukraine’s Judicial Administration agreed with the Chief Justice of the Supreme Court of Ukraine or with the chairman of a relevant higher specialized court in view of the suggested workload and within the limits of state budget allocations for maintenance of courts.

5. Chairman and deputy chairman of a court shall be appointed to these posts for a term of 5 years by the President of Ukraine from a number of the nominated judges; the said officials shall be removed from the posts also by the President of Ukraine; both the appointment and removal are based on recommendations of the Chief Justice of the Supreme Court of Ukraine (or chairman of a relevant higher specialized court as far as specialized courts are concerned) originating from the Council of Judges of Ukraine (or a relevant council of judges as far as specialized courts are concerned.)

Appointments to other administrative positions as well as appointments (elections) to administrative posts at the Supreme Court of Ukraine and dismissals from these posts shall be carried out in compliance with this Law. A judge may be removed from his administrative post (unless it is with the Supreme Court of Ukraine) in compliance with the procedure stipulated in this Article and also as initiated by the Supreme Council of Justice.

A judge may be appointed to an administrative post solely in compliance with and abidance by the provisions stipulated in this Article.

6.Should a judge hold an administrative post he/she shall not be relieved of exercising his/her powers vested in him/her as a judge of relevant court.

7.Should a judge be dismissed from his/her administrative post the powers vested in him/her as a judge shall not be terminated. Should his/her judicial powers be terminated he/she shall not be entitled to execute his/her duties as an administrative official at court.

Chapter 4. LOCAL COURTS

Article 21. Types and composition of local courts

1. The local general courts of law are represented by district, city district, city and district in city courts, also the military courts in garrisons.

2. The local commercial courts are represented by such courts in oblasts (regions), the cities of Kyiv and Sevastopol, while the local administrative courts are represented by the circuit courts that are formed in the judicial districts [circuits] as decreed by the President of Ukraine.

3. A local court shall consist of the judges of a local court, the chairman and deputy chairman of a court.

Article 22. Jurisdiction of Local Court

1.Local court shall be the first instance court (trial court) and it hear the cases that fall within its jurisdiction as prescribed by procedural law.

2.Local courts of general jurisdiction shall hear criminal and civil cases as well as administrative offences.

3.Local commercial courts shall hear the cases involving commercial (business) relations as well as other cases that fall within their jurisdiction pursuant to procedural law.

4.Local administrative courts shall hear administrative cases involving legal relations in state administration and local self-government issues (the cases of administrative jurisdiction), excluding the cases of administrative jurisdiction in the domain of military administration that shall be considered by military courts.

5.Jurisdiction of local courts over certain types of cases and the procedure of hearing are stipulated in procedural law.

Article 23. Judge of a local court

A judge of a local court shall:

1) administer justice in accordance with the procedure defined by procedural law;

2) conduct the court proceedings and take the organizational measures essential for hearing a case;

3) monitor the timely implementation of the rulings made under his/her chairmanship;

4) exercise other powers vested in him/her by the law.

Article 24. Chairman and deputy chairman of a local court

1. the chairman of a local court shall:

1) exercise administration of a court;

2) specify the duties of the deputy chairman;

3) issue a relevant order on the basis of reports on appointment or election of a judge for an unlimited term, or termination of duties of a judge;

4) employ and dismiss the members of court apparatus staff [managerial staff), assign to them the ranks of civil servants in accordance with the procedure established by the law, provide them with incentives and mete out disciplinary punishments;

5) take due measures for selection of people's assessors;

6) provide for keeping the court statistics;

7) provide for improvement of skills of the court apparatus staff;

8) represent a court in relations with other state bodies, local self-government authorities, citizens and institutions;

9) exercise other powers specified by the law.

The chairman of a local court issues the orders and instructions within the limits of power delegated to him.

2.Chairman of a local court shall have a deputy (deputies). Deputy chairman of a local court shall participate in organizing the court operation pursuant to his/her duties as determined by the court chairman. Should chairman of court be absent his/her responsibilities (duties) shall be exercised as prescribed by him/her in connection with the court operation.

3. The chairman and the deputy chairman of a local court shall be appointed to these posts and removed from them in the manner prescribed in Article 20 of this Law.

4. The chairman and the deputy chairman of a local court may be appointed to these posts repeatedly.

Chapter 5. THE COURTS OF APPEAL

Article 25. Types and composition of the courts of appeal

1. The general and specialized courts of appeal operate in the system of courts of general jurisdiction in Ukraine.

2. The general courts of appeal are the courts of appeal of oblasts (regional courts), the courts of appeal in the cities of Kyiv and Sevastopol, the Court of Appeal of the Autonomous Republic of the Crimea, the military courts of appeal in regions and the Navy Court of Ukraine, also the Court of Appeal of Ukraine.

3. Specialized courts of appeal are represented by the commercial courts of appeal and the administrative courts of appeal that are formed in the appellate districts [circuits] as decreed by the President of Ukraine.

4. The composition of a court of appeal includes the judges that are usually elected to the post of a judge for an unlimited term, the chairman of a court and his/her deputies.

5. The judicial chambers shall be created in the courts of appeal. The judicial chamber for consideration of civil cases and the judicial chamber for consideration of criminal cases shall be created in the structure of the general courts of appeal. The judicial chambers may be formed in a specialized court of appeal to consider different categories of cases within the limits of a relevant special jurisdiction.

6. The Court of Appeal of Ukraine shall include the following components:

1) the judicial chamber for consideration of civil cases;

2) the judicial chamber for consideration of criminal cases;

3) the military judicial chamber.

7. The judges of a court of appeal are included into the membership of a relevant judicial chamber by the order of the chairman of a court of appeal.

8. The presidium of a court of appeal shall function in the courts of appeal to deal with administrative matters as prescribed by this Law.

Article 26. Powers of the courts of appeal

1. The courts of appeal shall:

1) consider the cases of appeal pursuant to the provisions of procedural law;

2) consider the first instance cases fixed by the law (with the exception of the commercial courts of appeal);

3) keep and analyze the court statistics, study and generalize the judicial practice;

4) render the legal assistance to local courts;

5) perform other functions pursuant to the law.

2. The Court of Appeal of Ukraine shall hear the cases falling within its jurisdiction according to the appellate procedure pursuant to the provisions of procedural law.

Article 27. Judge of a court of appeal

Judge of a court of appeal shall:

1) administer justice in accordance with the procedure established by procedural law;

2) conduct the court proceedings and take the organizational measures essential for hearing a case;

3) monitor, pursuant to the law, the timely implementation of the court rulings approved with his/her participation;

4) exercise other powers vested in him/her under the law.

Article 28. Chairman of a court of appeal

1. The chairman of a court of appeal shall:

1) exercise administration of a court;

2) assign the duties of the deputy chairmen of a court;

3) issue a relevant order on the basis of reports on election of a judge or termination of duties of a judge; form the judicial chambers and their staff;

4) organize the work of a court presidium, submit the issues for its consideration, preside at its meetings;

5) provide for keeping and analysis of the court statistics, the study and generalization of judicial practice, also shall have the right to call for and receive from courts the materials of cases and the rulings that have come into force;

6) employ and dismiss the members of court apparatus staff, assign to them the ranks of civil servants in accordance with the procedure established by the law, also provide them with incentives and mete out disciplinary punishments;

7) take due measures for improving the skills of judges of a relevant court;

8) submit, according to the established procedure, the proposals on covering the expenditures for maintenance of a court and support of its operation;

9) represent a court in its relations with other state bodies, local self-government authorities, citizens and institutions;

10) Chairman of the court of appeal submits the proposals to the Chief Justice of the Supreme Court of Ukraine or chairman of a relevant higher court concerning the persons to be appointed to the posts of chairmen of local courts and their deputies;

11) exercises other duties as stipulated by law.

Chairman of the court of appeals shall issue orders and instructions on the matters within the limits of his/her power.

2. The chairman of a court of appeal shall have the first deputy chairman and the deputy chairmen of a court that act as the heads of judicial chambers.

3. The chairman of a court of appeal shall be appointed to this post and removed from it in the manner prescribed by Article 20 of this law. The chairman of a court of appeal may be appointed to this post repeatedly.

4. In case of absence of the chairman of a court of appeal, his/her duties shall be performed by the first deputy chairman, while in the event of absence of the latter such duties shall be performed by the deputy chairman of senior age of a court of appeal who acts as the head of a judicial chamber.

Article 29. Deputy chairmen of a court of appeal

1. In accordance with the allocation of functions, the deputy chairman of a court shall be in charge of operation of structural divisions of a court and perform other duties fixed by the chairman of a court.

2. The deputy chairman of a court of appeal (the head of a judicial chamber) shall:

1) organize the work of a relevant judicial chamber;

2) form the boards of justices to hear the cases, preside at court sessions or appoint the judges for this purpose;

3) provide for keeping the court statistics, the analysis and generalization of the judicial practice for the cases falling within the chamber's jurisdiction; have the right to call for and receive from courts the materials of cases and the court rulings that have come into force;

4) inform the court presidium about the operation of a judicial chamber;

5) perform other duties under the law.

3. The first deputy and deputy chairmen of a court of appeal shall be appointed to the posts from among the judges of a given court and shall be removed from the post in accordance with the procedure established by Article 20 of this Law. They may be appointed to administrative posts repeatedly.

4. Should the necessity arise and given the approval of the presidium of a court of appeal, the chairman of a court of appeal may appoint a judge of this court to the post of the deputy head of a judicial chamber.

5. The deputy head of a judicial chamber of a court of appeal shall fulfill the functions of the head of a judicial chamber in the event of his/her absence and other instructions of the head of a judicial chamber pertaining to its operation. In case of absence of the deputy head of a judicial chamber the functions of the head of a judicial chamber shall be performed by the chamber's judge of senior age.

Article 30. Presidium of a court of appeal

1. The presidium of a court of appeal shall include the chairman of a court, deputy chairmen, also the judges whose number is determined by the general meetings of judges of this court. The judges are elected to the presidium by general meetings of the judges of this court through the vote by secret ballot.

2. The presidium of a court of appeal shall:

1) consider the organizational issues of operation of a court, judicial chambers and the court apparatus;

2) approve, as submitted by the chairman of a court of appeal, the composition of each judicial chamber, fix the number of deputy heads of the judicial chambers;

3) hear the progress reports of the heads of judicial chambers;

4) consider the materials pertaining to the generalization of judicial practice and the analysis of court statistics, make recommendations to this effect;

5) consider the matters relating to the material, technical and financial support of a court, make the proposals on improvement of such support;

6) settle the personnel issues, deal with the matters of improving the skills of judges and the court apparatus staff;

7) hear the progress reports of the chairmen of local courts;

8) render the legal [methodological] assistance to the local courts for correct application of the laws in force;

9) provide for implementation of the decisions taken by the meetings of judges of a relevant court;

10) exercise other powers under the law.

3. The meetings of the presidium of a court of appeal shall be held at least once a month. A meeting of the presidium shall be regarded as legally competent if such meeting has been attended by at least two thirds of the presidium members. The presidium decisions shall be taken by open or secret ballot by a majority of votes of the presidium members that have attended the meeting; the decisions shall be signed by the chairman of a court of appeal or the deputy chairman that presided over the meeting.

Article 31. The jury

1. The jury shall operate in the general courts of appeal (with the exception of the Court of Appeal of Ukraine) to hear the cases specified by the provisions of procedural law.

2. The procedure of selection of the jurors is established by this Law while the procedure of their participation in the process of administration of justice is established by procedural law.

Chapter 6. THE COURT OF CASSATION OF UKRAINE

Article 32. The Court of Cassation of Ukraine

1. The Court of cassation of Ukraine shall consist of the judges elected to their post for an unlimited term, the chairman and the deputy chairmen of the court.

2. The structure of the Court of Cassation of Ukraine shall include:

1) judicial chamber for consideration of civil cases;

2) judicial chamber for consideration of criminal cases;

3) military judicial chamber.

3. The judges of the Court of Cassation of Ukraine shall be included into the membership of a relevant judicial chamber by the order of the chairman of the court.

4. The presidium shall be available in the Court of Cassation of Ukraine to deal with administrative matters in the manner prescribed by this Law.

Article 33. Powers of the Cassation Court of Ukraine

1. The Court of Cassation of Ukraine shall:

1) consider the cassation cases falling within its jurisdiction, also other cases specified by the provisions of procedural law;

2) keep and analyze the court statistics, study and generalize the judicial practice;

3) render the legal assistance to the courts of lower level for proper application of the laws in force;

4) exercise other powers prescribed by the law.

2. The cases in the Court of Cassation of Ukraine shall be heard collectively by three judges.

Article 34. Judge of the Court of Cassation of Ukraine

A judge of the Court of Cassation of Ukraine shall:

1) administer justice in the manner prescribed by procedural law;

2) conduct the court proceedings and take the organizational measures essential for hearing a case;

3) monitor the timely implementation of the court rulings made with his/her participation pursuant to the law;

4) exercise other powers delegated to him/her by the law.

Article 35. Chairman of the Court of Cassation of Ukraine

1.Chairman of the Court of Cassation of Ukraine shall exercise his/her power as per Article 28 of this Law.

2. Chairman of the Court of Cassation of Ukraine shall be appointed and discharged according to the procedure provided for in Article 20 of this Law. Chairman of the Court of Cassation may be appointed for another term in office.

3. The chairman of the Court of cassation of Ukraine shall have the first deputy chairman and the deputy chairmen that act as the heads of judicial chambers.

4. In case of absence of the chairman of the Court of Cassation of Ukraine his/her duties shall be performed by the first deputy chairman; provided the first deputy chairman is absent as well, such duties shall be carried out by the deputy chairman of senior age (the head of a judicial chamber).

Article 36. Deputy chairmen of the Court of Cassation of Ukraine

1. In accordance with the allocation of functions, the first deputy chairman of the Court of Cassation of Ukraine shall be in charge of operation of structural divisions of the court and perform other duties fixed by the chairman of this court.

2. The deputy chairman of the Court of Cassation of Ukraine (the head of a judicial chamber) shall carry out the duties specified by Article 29 of this Law.

3. The first deputy chairman and the deputy chairmen of the Court of Cassation of Ukraine shall be appointed to these posts from among the judges of this court and shall be removed from these posts in accordance with the procedure established by Article 20 of this Law. They may be appointed to administrative posts repeatedly.

4. Should the necessity arise and given the approval of the presidium of the Court of Cassation of Ukraine, the chairman of the Court of Cassation of Ukraine may appoint a judge of this court to the post of the deputy head of a judicial chamber.

5. The deputy head of a judicial chamber of the Court of Cassation of Ukraine shall perform the functions of the head of a judicial chamber in case of the head's absence. Provided the deputy head of a judicial chamber is absent as well, the functions of the head of a judicial chamber shall be performed by the judge of senior age of this chamber.

Article 37. Presidium of the Court of Cassation of Ukraine

1.The Presidium of the Court of Cassation of Ukraine shall consist of the chairman of the court, the deputy chairmen of the court and the judges whose number shall be determined by the decision of a general meeting of the judges of this court.

2. The Presidium of the Court of Cassation of Ukraine shall exercise the powers specified by Article 30 of this law.

3. The meetings of the Presidium of the Court of Cassation of Ukraine shall be held at least once a month. A meeting of the Presidium shall be regarded as legally competent if attended by at least two thirds of the presidium members. Resolutions of the Presidium shall be passed by open or secret ballot by a majority of votes of is members that attended the meeting; the resolutions shall be signed by the chairman of the court or the deputy chairman that presided over the meeting.

Chapter 7. HIGHER SPECIALIZED COURTS

Article 38. The highest judicial bodies of specialized courts

1. The highest judicial bodies of specialized courts are represented by the Higher commercial court of Ukraine, the Higher administrative court of Ukraine, also the relevant higher courts that are formed by the President of Ukraine in the manner prescribed by this Law.

2. The higher specialized courts shall consist of the judges elected to the posts for an unlimited term, the chairman of a court and the deputy chairmen of a court.

3. The judicial chambers may be created in the higher specialized courts to consider specific categories of cases falling within special court jurisdiction.

4. The judges of a higher specialized court shall be included into the composition of a relevant judicial chamber by the order of the chairman of a court.

5. The presidium of a higher specialized court shall be available to settle the organizational issues. The presidium consists of the chairman of a court, the deputy chairmen, the deputy heads of judicial chambers and the judges of this court elected to the presidium pursuant to this Law.

6. The plenary meeting of a higher specialized court shall be held to settle the general issues of operation of relevant specialized courts.

7. The higher specialized courts may publish their official editions.

8. Consultative councils and scientific research divisions may be set up at the higher specialized courts.

9. The higher specialized courts shall be located in the city of Kyiv.

Article 39. Powers of a higher specialized court

1. The higher specialized courts shall:

1) hear the cases of a relevant jurisdiction in keeping with the cassation [reviewing] procedure, also other cases specified by the law;

2) keep and analyze the court statistics, study and generalize the judicial practice;

3) render the legal assistance to the courts of lower level with the aim of identical application of the constitutional and legal norms in judicial practice on the basis of its generalization and analysis of the court statistics; provide the specialized courts of lower level with clarifications concerning application of the law;

4) exercise other powers as specified by the law.

2. The cases in a higher specialized court shall be considered in a collective manner.

Article 40. Judge of a higher specialized court

1. A judge of a higher specialized court shall:

1) administer justice in keeping with the judicial procedure established by procedural law.

2) conduct the judicial proceedings and take the organizational measures essential for the timely and adequate consideration of cases;

3) monitor, pursuant to the law, the timely implementation of the courts rulings approved with his/her participation;

4) perform other duties specified by the law.

2. Judge of Higher Specialized Court shall have an assistant. This post may be filled by a national of Ukraine with an academic background ( higher education ) in law.

Article 41. Chairman of a higher specialized court

1. The chairman of a higher specialized court shall:

1) exercise administration of a court;

2) allocate the functions of the deputy chairmen of a court;

3) issue a relevant order on the basis of the reports on election of a judge of a higher specialized court or termination of the duties of judge; shall form the judicial chambers and submit the proposals on their composition for approval of the court presidium;

4) provide for the work of the court presidium, submit the issues for its consideration and preside over its meetings; convene the plenary meeting of a higher specialized court, submit the issues for its consideration and preside over its sessions; may preside at the court sessions during consideration of any case falling within the jurisdiction of a given court;

5)shall be in charge of organizing the work to be done by judicial chambers; shall be in charge of the work to be performed by the staff of a relevant higher specialized court;

6) provide for keeping and analysis of the court statistics, the study and generalization of the judicial practice, have the right to call for and receive from a relevant court the materials of cases, the court rulings that have come into force;

7) employ and dismiss the members of court apparatus staff, assign to them the ranks of civil servants, provide them with incentives and mete out disciplinary punishments;

8) coordinate the proposals on the creation and dissolution of relevant local courts and specialized courts of appeal;

9) shall introduce the proposals regarding the appointment and election of judges with no time limit for local courts, higher specialized courts of appeal and higher specialized courts; the chairman shall also introduce proposals as to their dismissal;

10) submit the proposals on appointment of judges to administrative posts in keeping with the procedure established by this Law;

11) approve the manning table and the estimate of expenses essential for the maintenance of a given higher specialized court;

12) provide for improvement of skills of the judges and the apparatus staff of a higher specialized court;

13) submit, in keeping with the established procedure, the proposals on covering the expenses essential for maintenance of a court and support of its operation;

14) inform the plenary meeting of the Supreme Court of Ukraine on the performance of a higher specialized court;

15) represent a higher specialized court and the relevant system of specialized courts in the relations with other state bodies, local self-government authorities, citizens and institutions, also the state bodies and institutions of other countries;

16) exercise other powers set forth by the law.

The chairman of a higher specialized court shall issue orders and instructions concerning the issues within the limits of power delegated to him.

2. The chairman of a higher specialized court shall be appointed to this post from among the judges of this court and shall be removed from the post as per Article 20 of this Law.

3. Chairman of higher specialized court may be appointed for another term in office.

4. The chairman of a higher specialized court shall have the first deputy chairman and the deputy chairmen.

5. In case of absence of the chairman of a higher specialized court, the chairman's duties shall be performed by the first deputy chairman while during the absence of the first deputy chairman the chairman's duties shall be performed by a deputy chairman in line with the allocation of duties.

Article 42. Deputy chairmen of a higher specialized court

1. The first deputy chairman and a deputy chairman of a higher specialized court shall run the operation of structural divisions of a court pursuant to the fixed allocation of duties, also perform other functions specified by the chairman of a court; they may preside over the sessions of the boards of justices of a given higher specialized court.

2. A deputy chairman of a higher specialized court (the head of a judicial chamber) shall:

1) exercise the administration of a relevant judicial chamber;

2) form the boards of justices for hearing the court cases, preside over the court sessions or assign the judges to do this job;

3) provide for keeping the court statistical data and their analysis, the study and generalization of the judicial practice concerning the cases falling within the jurisdiction of a judicial chamber; have the right to call for and receive from a relevant court the materials of cases, the court rulings that have come into force;

4) inform the presidium of a higher specialized court about the performance of a judicial chamber;

5) render the legal assistance to specialized courts with the aim of adequate application of the laws in force;

6) exercise other powers delegated to him/her by the law.

3. The first deputy chairman and the deputy chairmen of a higher specialized court shall be appointed to the posts from among the judges of this court at the suggestion of the chairman of a higher specialized court as per Article 20 of this Law. They may be appointed to administrative posts repeatedly.

4. Deputy chairman of higher specialized court shall be entitled to choose a judge of that court to be appointed deputy head of judicial chamber as agreed with the court presidium.

5.The deputy head of a judicial chamber of a higher specialized court shall carry out the duties of the head of a judicial chamber in case of his/her absence, also fulfill the instructions of the head of a judicial chamber relating to its operation. In the event of absence of the deputy head of a judicial chamber, the functions of the head of a judicial chamber shall be performed by the chamber's judge of senior age.

Article 43. Presidium of a higher specialized court

1.Presidium of higher specialized court shall consist of chairman, his/her deputies and judges whose number shall be determined by the higher specialized court at its Plenum (plenary meeting). The judges shall be elected to the presidium at the general meeting of the court judges by secret vote.

2. Presidium of higher specialized court:

1) consider the issues of operation of a court, judicial chambers and court apparatus;

2) approve the composition [membership] of each judicial chamber as submitted by the chairman of a higher specialized court;

3) hear the progress reports of the heads of judicial chambers;

4) consider the materials pertaining to generalization of the judicial practice and analysis of court statistics, make the recommendations to this effect;

5) deal with the matters of material, technical and financial support of a court, put forward the proposals on improvement of such support;

6) consider the personnel issues relating to the judges and the court apparatus staff of a higher specialized court, and improvement of their skills;

7) hear the progress reports of the chairmen of the courts of appeal and local specialized courts;

8) assess the proposals concerning the number of judges in relevant specialized local courts and the courts of appeal;

9) shall provide procedural assistance to courts of appeals and local courts so as to ensure that they can properly administer justice;

10) shall exercise other powers pursuant to law.

3. Meetings of the presidium of a higher specialized court shall be held at least once in two months. The meetings shall be considered as legally valid if attended by at least two thirds of the presidium members. Resolutions of the presidium shall be passed by open or secret ballot by a majority of votes of the presidium members that attended the meeting; the resolutions shall be signed by the chairman of the court or the deputy chairman that presided over the meeting.

Article 44. Plenary meeting of a higher specialized court

1. The plenary meeting [plenum] of a higher specialized court shall be convened with participation of all judges of a higher specialized court and the chairmen of specialized courts of appeal.

2. The plenary meeting of a higher specialized court shall:

1) clarify the issues of application of the laws in force by specialized courts while hearing the cases of a relevant jurisdiction;

2) approve the membership of the Scientific and consultative council at a higher specialized court and the regulations thereof; approve the staff of the editorial board of the official editions of a higher specialized court;

3) determine the number of judges that are the members of the presidium of a higher specialized board;

4) hear the progress report of the chairman of a higher specialized court concerning the operation of relevant specialized courts, also the information of the deputy chairmen of a higher specialized court and the chairmen of local specialized courts and specialized courts of appeal on the practice of conducting the court proceedings;

5) submit, in keeping with the established procedure, the proposals on the necessity of amending the laws in force;

6) take the decisions on submitting for consideration of the Constitutional Court of Ukraine the proposals on interpretation of the Constitution and laws of Ukraine;

7) consider and settle other issues falling within the plenum's jurisdiction pursuant to the law.

3. The plenary meeting shall be convened at least twice a year. Members of the plenary meeting shall be informed about the date of its convocation not later than ten days before holding the meeting. The materials concerning the issues to be considered by the plenary meeting shall be submitted within this period of time.

4. The plenary meetings shall be considered as legally valid if attended by at least two thirds of their members. The Procurator-General of Ukraine and the minister of justice of Ukraine shall take part in the plenary meetings of higher specialized courts that consider the clarifications about the application of relevant laws for conducting the court proceedings.

5. Resolutions of the plenary meetings of a higher specialized court shall be passed by open ballot by a majority of votes of the plenum members and shall be signed by the person that presided over the meeting.

Article 45. Scientific and consultative council of a higher specialized board

1. The scientific and consultative council will be created at a higher specialized court to analyze the issues concerning the interpretation of the laws in force, to draw the conclusions relating to the draft laws and other enactments, also to consider the issues involving the need for scientific support of operation of a higher specialized court.

2. The structure and operation of the scientific and consultative council shall be established by the regulations that are approved by the plenary meeting of a higher specialized court.

Article 46. Official edition of a higher specialized court

A higher specialized court shall run the official periodical containing the information on judicial practice, the decisions on administration of a higher specialized court and relevant specialized courts.

Chapter 8. THE SUPREME COURT OF UKRAINE

Article 47. The Supreme Court of Ukraine – the highest judicial authority

1. The Supreme Court of Ukraine is the highest judicial authority within the system of courts of general jurisdiction. The Supreme Court of Ukraine shall administer justice, provide for identical application of the laws in force by all courts of general jurisdiction.

2. The Supreme Court of Ukraine shall:

1) consider, in accordance with the cassation [reviewing] procedure, the rulings of general courts concerning the cases that fall within its jurisdiction pursuant to procedural law; repeatedly review all other cases heard by the courts of general jurisdiction as cassations [reversals]; examine other cases involving the exceptional circumstances in the manner prescribed by the law;

2) clarify for the courts the application of the laws in force in judicial practice on the basis of its generalization and analysis of the court statistics; invalidate, if necessary, the clarifications made by the plenary meeting of a higher specialized court as per Item 1, Part 2, Article 38 of this Law.

3) make a conclusion about the availability or absence of the evidences of high treason or another crime in the actions of the President of Ukraine which he is charged with; submit, as requested by the Verkhovna Rada of Ukraine, the written judgment on the impossibility for the President of Ukraine to exercise his powers on medical grounds;

4) apply to the Constitutional Court of Ukraine provided the courts of general jurisdiction have some doubts in the course of administration of justice about the constitutional validity of the laws and other enactments, also apply to the Constitutional Court for official interpretation of the Constitution and laws of Ukraine provided such interpretation is essential for administration of justice by courts;

5) keep and analyze the court statistics, study and generalize the judicial practice, and practical application of the laws in force by courts;

6) deal, within the limits of its power, with the issues pertaining to the international treaties of Ukraine; represent the courts of general jurisdiction in relations with the courts of other countries;

7) exercise other powers pursuant to the law.

Article 48. Composition of the Supreme Court of Ukraine

1. The Supreme Court of Ukraine shall be headed by the Chief Justice of the Supreme Court of Ukraine. The composition [membership] of the Supreme Court of Ukraine shall include the judges of the Supreme Court of Ukraine elected for an unlimited term whose number is fixed by the decree of the President of Ukraine as submitted by the Chief Justice of the Supreme Court of Ukraine on the basis of recommendations of the Council of judges of Ukraine. The membership of the judicial chambers that consider the cases falling within the jurisdiction of specialized courts shall consist of the judges that have the experience of working as the judges in a higher court of at least three years, or such experience in a specialized court of appeal of least five years.

2. The structure of the Supreme Court of Ukraine shall include:

1) judicial chamber for consideration of civil cases;

2) judicial chamber for consideration of criminal cases;

3) judicial chamber for consideration of commercial cases;

4) judicial chamber for consideration of administrative cases.

The structure of the Supreme Court of Ukraine shall also include the military board of justices.

3. The presidium of the Supreme Court of Ukraine shall be available to provide for internal administration of the Supreme Court of Ukraine. Membership and work of the Presidium are specified pursuant to this Law.

4. The Plenary meeting of the Supreme Court of Ukraine shall function at the Supreme Court of Ukraine as an organizational and collective body to consider the issues falling within the jurisdiction of the Supreme Court of Ukraine. Membership and work of the Plenary meeting are specified pursuant to this Law.

5. The scientific and consultative council shall be formed at the Supreme Court of Ukraine whose status is determined pursuant to this Law.

6. The Supreme Court of Ukraine shall have the official edition of the Supreme Court of Ukraine and may be a co-founder of other publications.

7. The Supreme Court of Ukraine shall be located in the city of Kyiv.

Article 49. Judge of the Supreme Court of Ukraine

A judge of the Supreme Court of Ukraine shall:

1) administer justice concerning the cases falling with the jurisdiction of a relevant Judicial chamber of the Supreme Court of Ukraine in the manner prescribed by procedural law;

2) conduct the court proceedings and take organizational measures essential for the timely and qualitative consideration of cases;

3) participate in discussion of the issues submitted for consideration of the meeting of a relevant Judicial chamber and the plenary session of the Supreme Court of Ukraine;

4) study the judicial procedure at the courts of lower level, render the methodological [legal] assistance to these courts;

5) analyze the judicial practice, put forward the proposals, in keeping with the established procedure, concerning the improvement of such practice and the laws in force;

6) exercise other powers set forth by the law.

2.A judge of the Supreme Court of Ukraine shall have an assistant. Any national of Ukraine with academic background (higher education) in law and at least a 3 year work experience in legal sphere shall be qualified for the job.

Article 50. Chief Justice of the Supreme court of Ukraine

1. The Chief Justice of the Supreme court of Ukraine shall:

1) provide for administration of the Supreme Court of Ukraine;

2) allocate the duties among the Deputy Chief Justices of the Supreme Court of Ukraine;

3) organize the work of the Presidium and convene the Plenary meeting of the Supreme Court of Ukraine, submit the issues for their consideration and preside over their meetings;

4) the Chief Justice of the Supreme court of Ukraine may preside over the sessions of the boards of justices of the Supreme Court of Ukraine during consideration of any case;

5) coordinate, pursuant to this Law, the proposals on creation and dissolution of the courts of general jurisdiction, approval of the list of official posts in military courts and the military ranks thereof;

6) submit the issues concerning the appointment, election and dismissal of judges as per this Law; put forward the proposals on the appointment of judges to administrative posts in cases and in accordance with the procedure specified by this Law; request a relevant judicial board of experts [qualifying commission] to make a conclusion about the possibility of election or appointment of judges to the posts;

7) issue a relevant order on the basis of reports on election of a person to the post of a judge of the Supreme Court of Ukraine or termination of the powers of a judge;

8) submit for consideration of the Plenary meeting of the Supreme Court of Ukraine the proposals pertaining to the number of judges in the Presidium of the Supreme Court of Ukraine, also the number of judges in the Judicial chambers of the Supreme Court of Ukraine;

9) submit the proposals to the Highest judicial board of experts of Ukraine to conduct the qualifying certification of judges in relevant courts;

10) approach the President of Ukraine with the proposals on advancing the military judges in rank;

11) provide for the material, technical and financial support of the Supreme Court of Ukraine, approve the manning table and the estimate of expenditures essential for maintenance of the Supreme Court of Ukraine;

12) approve the rules concerning the operation of structural divisions of the Supreme Court of Ukraine;

13) be in charge of the operation of the judicial chambers and the apparatus of the Supreme Council of Ukraine; employ and dismiss the members of court apparatus staff, assign to them the ranks of public servants, provide them with incentives and mete out disciplinary punishment in the manner prescribed by labor laws;

14) inform the Plenary meeting of the Supreme Court of Ukraine and the Presidium of the Supreme Court of Ukraine about the performance of the Supreme Court of Ukraine;

15) represent the Supreme Court of Ukraine and the system of the courts of general jurisdiction in their relations with other state bodies of Ukraine, local self-government authorities, also with judicial authorities of other countries and international organizations;

16) exercise other powers under the law.

2. The Chief Justice of the Supreme court of Ukraine shall issue orders and instructions concerning the matters falling within his/her jurisdiction.

3. The Chief Justice of the Supreme court of Ukraine shall be member of the Highest council of justice ex officio.

4. The Chief Justice of the Supreme Court of Ukraine shall have the First Deputy Chief Justice and the Deputy Chief Justices of the Supreme Court of Ukraine. In case of absence of the Chief Justice of the Supreme Court of Ukraine his/her duties shall be performed by the First Deputy Chief Justice, while in the event of absence of the First Deputy Chief Justice the said duties shall be performed by a Deputy Chief Justice of the Supreme Court of Ukraine in accordance with the allocation of functions.

Article 51. Election of Chief Justice of the Supreme court of Ukraine

1. The Chief Justice of the Supreme Court of Ukraine shall be elected at that court Plenary meeting for a term of five years by secret vote. The Chief Justice shall be deemed elected if the majority of the total Plenum membership have voted for him /her.

2. The procedure of election of the Chief Justice of the Supreme Court of Ukraine and his/her removal from the post shall be established as per the standing orders of the Plenary meeting of the Supreme Court of Ukraine passed by the Plenary meeting. No changes shall be allowed in the said procedure within six months before expiry of the term of office of the Chief Justice of the Supreme Court of Ukraine.

3. The Chief Justice of the Supreme Court of Ukraine shall not be elected to this post for more than two terms in succession.

Article 52. Deputy Chief Justices of the Supreme Court of Ukraine

1. The First Deputy Chief Justice of the Supreme Court of Ukraine and the Deputy Chief Justices of the Supreme Court of Ukraine shall run the operation of structural divisions of the court pursuant to the fixed procedure of allocation of duties; they may preside over the sessions of the boards of justices of the Supreme Court of Ukraine, provide for administration of relevant judicial chambers and perform other functions determined by the instructions issued by Chief Justice of the Supreme Court of Ukraine.

The First Deputy Justice and the Deputy Chief Justices of the Supreme Court of Ukraine shall issue the orders and instructions falling within the limits of their power.

2. The First Deputy Chief Justice and the Deputy Chief Justices of the Supreme Court of Ukraine shall be appointed to the posts from among the judges of the Supreme Court of Ukraine for a term of five years and be removed from the posts by the Plenary meeting of the Supreme Court of Ukraine on the basis of the proposal submitted by the Chief Justice of the Supreme Court of Ukraine and in coordination with the Council of judges of Ukraine. The decision of the Plenary meeting of the Supreme Court of Ukraine on appointment of the First Deputy Justice and a Deputy Chief Justice of the Supreme Court of Ukraine shall be passed by secret ballot not later than within a period of three months from the date of creation of a relevant vacant post.

3.First and other deputies Chief Justice of the Supreme Court may be removed from their respective posts before their terms in office expire also as initiated by the Council of Judges of Ukraine in compliance with the procedure stipulated by Regulations of the Supreme Court Plenum.

Article 53. Judicial chambers of the Supreme Court of Ukraine

1. The Judicial chambers of the Supreme Court of Ukraine shall:

1) administer justice concerning the cases falling within their jurisdiction in compliance with the procedure established by procedural law;

2) analyze the court statistics and study the judicial practice;

3) work out the draft resolutions of the Plenary meeting of the Supreme Court of Ukraine;

4) exercise other powers under the law.

2. A Judicial chamber of the Supreme Court of Ukraine shall be created by the decision of the Presidium of the Supreme Court of Ukraine as submitted by the Chief Justice of the Supreme Court of Ukraine. A Judicial chamber of the Supreme Court of Ukraine shall be run by the head of a Judicial chamber.

3. The head of a Judicial chamber shall:

1) provide for operation of a relevant judicial chamber;

2) form the boards of justices to consider the court cases, preside over the court sessions or assign the judges to do this job;

3) provide for keeping the court statistical data and their analysis, the study and generalization of the judicial practice pertaining to the jurisdiction of a Judicial chamber; have the right to call for and receive from the courts the material of cases, the court rulings that have come into force;

4) inform the Presidium of the Supreme Court of Ukraine about the operation of a Judicial chamber;

5) submit for consideration of the Plenary meeting of the Supreme Court of Ukraine the proposals on the necessity for clarifying specific issues of application of the law in judicial practice by courts;

6) render the methodological assistance to the courts of lower level with the aim of correct application of the law;

7) exercise other powers under the law;

4. The head of a Judicial chamber of the Supreme Court of Ukraine shall be appointed to the post on the recommendation of the Presidium of the Supreme Court of Ukraine from among the judges of the Supreme Court of Ukraine for a term of five years and be removed from the post by the Plenary meeting of the Supreme Court of Ukraine by secret ballot.

5. The head of a Judicial chamber shall have the deputy that should provide for consideration of cases in the court sessions, perform the duties of the head of a Judicial chamber during his/her absence, also execute other orders of the head concerning the operation of a Judicial chamber. The deputy head of a Judicial chamber shall be appointed to the post from among the judges of the Supreme Court of Ukraine and be removed from the post in conformity with the procedure established for election of the head of a judicial chamber.

6. The proposal on removal of a judge from the post of the head or the deputy head of a Judicial chamber may be submitted by the Chief Justice of the Supreme Court of Ukraine; the said proposal may be also submitted and shall be signed by at least a half of the judges of a relevant chamber.

7. The head and the deputy head of a Judicial chamber may be elected to administrative posts repeatedly.

8. Panel of military judges shall be presided by its chairman who would be equal in rank to the deputy chairman of the judicial chamber.

9.A group of scientific consultants of the Supreme Court of Ukraine shall function at a Judicial chamber.

Article 54. Presidium of the Supreme Court of Ukraine

1. The Presidium of the Supreme Court of Ukraine shall consist of the Chief Justice of the Supreme court of Ukraine, his/her deputies, the heads of the Judicial chambers, the secretary of the Plenary meeting of the Supreme Court of Ukraine and the judges of the Supreme Court of Ukraine whose number is fixed by the Plenary meeting of the Supreme Court of Ukraine.

2. The judges of the Supreme Court of Ukraine shall be elected to the Presidium of the Supreme Court of Ukraine for a term of five years through secret ballot by the Plenary meeting of the Supreme Court of Ukraine on the basis of proposals submitted by the Chief Justice of the Supreme court of Ukraine or the judges of the Supreme Court of Ukraine. A judge is considered as elected to the Presidium if he/she has received a majority of votes of the judges that attended the Plenary meeting. The same procedure shall be applied for removing a judge from the post of a Presidium member.

3. The Presidium of the Supreme Court of Ukraine shall:

1) consider the issues of operation of the Supreme Court of Ukraine, the Judicial chambers and apparatus of the Supreme Court of Ukraine;

2) approve the membership of the Judicial chambers; hear the progress reports of the heads of Judicial chambers;

3) consider the materials on generalization of the judicial practice and analysis of court statistics, make the recommendations to this effect;

4) consider the issues of material, technical and financial support of the Supreme Court of Ukraine and elaborate the proposals on improvement of such support; consider the draft State budget of Ukraine and approve the proposals on funding the courts of general jurisdiction;

5) consider the personnel issues concerning the judges and managerial staff [members of the court apparatus staff] of the Supreme Court of Ukraine, also the issues of improvement of their skills;

6) shall approve the decisions on bonuses and material support due to the Supreme Court judges and personnel as well as the decisions on additions to the salaries of judges holding administrative posts.

7) hear the progress reports of chairmen of general courts of appeal and higher specialized courts;

8) determine the amount of work of judges in the courts of all levels, draw up the proposals on the number of judges in relevant courts;

9) deal with the issues on publishing the official editions of the Supreme Court of Ukraine and hear the progress reports of editorial boards of such editions; approve, as proposed by the Chief Justice of the Supreme Court of Ukraine, the regulations on the Scientific and consultative council at the Supreme Court of Ukraine and its membership;

10) submit for consideration of the Plenary meeting the issues falling within the limits of its power;

11) exercise other powers under the law.

4. The meetings of Presidium of the Supreme Court of Ukraine shall be held at least twice in two months. The meeting of Presidium shall be legally competent if attended by at least two thirds of its members. Resolutions of the Presidium shall be passed by open or secret ballot by a majority of votes of members of the Presidium attending the meeting; the resolutions shall be signed by the Chief Justice of the Supreme Court of Ukraine or the Deputy Chief Justice that presided over the meeting. Chairmen of the Higher specialized courts shall attend the meetings of the Presidium that consider the issues of operation of specialized courts.

5. The Presidium of the Supreme Court of Ukraine may create the working groups from among the judges and law experts to elaborate the draft resolutions of the Plenary meeting of the Supreme Court of Ukraine and to study specific issues connected with improvement of the procedure of administration of justice.

Article 55. Plenary meeting of the Supreme Court of Ukraine

1.Plenum of the Supreme Court of Ukraine is a collective body whose powers and duties are stated in Ukraine’s Constitution and this Law. Its membership comprises all judges of the Supreme Court of Ukraine, chairmen of higher specialized courts, their first deputies, Chairman of Ukraine’s Court of Cassation and Chairman of Court of Appeal of Ukraine.

2. The Plenary meeting of the Supreme Court of Ukraine shall:

1) in keeping with the Constitution of Ukraine, elect the Chief Justice of the Supreme Court of Ukraine and remove him/her from the post by secret ballot, also appoint to and remove persons from the administrative posts at the Supreme Court of Ukraine in accordance with the procedure established by this Law;

2) create the Judicial chambers of the Supreme Court of Ukraine, fix the number of their members, elect the head and deputy heads of the Judicial chambers;

3) fix the number of judges in the Presidium of the Supreme Court of Ukraine, elect them in the manner specified by this Law;

4) appoints and dismisses Secretary for the Plenum of the Supreme Court of Ukraine understanding that he/she is chosen from among the judges of the Supreme Court of Ukraine

5) hear the progress reports of the Chief Justice of the Supreme Court of Ukraine, the heads of Judicial chambers of the Supreme Court of Ukraine, the chairmen of higher specialized courts and the courts of appeal;

6) clarify for the courts of general jurisdiction the issues on application of the law, invalidate, if necessary, the clarifications of the higher specialized courts;

7) decide on applying to the Constitutional Court to consider the issues on constitutional validity of the laws in force, also on official interpretation of the Constitution and laws of Ukraine;

8) approve, in keeping with the Constitution of Ukraine, the conclusion on absence or presence the evidences of high treason or other crimes in the actions of the President of Ukraine which he is charged with, also approve the submission for consideration of the Verkhovna Rada the judgment about the impossibility for the President of Ukraine to exercise his powers on medical grounds;

9) approve the standing orders of Plenary meeting of the Supreme Court of Ukraine;

10) exercise other powers under the law.

3. A session of the Plenary meeting of the Supreme Court of Ukraine shall be considered as legally competent if attended by at least two thirds if its members. The Chairman of the Highest council of justice, the Prosecutor-General of Ukraine and the Minister of Justice of Ukraine shall take part in the work of a Plenary meeting of the Supreme Court of Ukraine.

4. A Plenary meeting of the Supreme Court of Ukraine shall be convened if necessary but at least once in three months. The participants in a Plenary meeting shall be informed about its date and the issues to be discussed at it not later than ten days before holding the meeting.

5. The draft resolutions of a Plenary meeting of the Supreme Court of Ukraine concerning the clarifications of the issues on application of the law for hearing the cases shall be sent to the Prosecutor-General of Ukraine and the Minister of Justice of Ukraine not later than 10 days before the date of holding the meeting.

6. The Plenary meetings shall be chaired by the Chief Justice of the Supreme Court of Ukraine or, in case of his/her absence, by the First Deputy Chief Justice or a Deputy Chief Justice of the Supreme court of Ukraine pursuant to the Regulations.

7. The procedure of work of a Plenary meeting of the Supreme Court of Ukraine shall be established by this Law and the standing orders of the Plenary meeting of the Supreme Court of Ukraine adopted in conformity with this Law.

8. A Plenary meeting of the Supreme Court of Ukraine shall pass the resolutions on the basis of the issues considered by it. The resolutions of a Plenary meeting of the Supreme Court of Ukraine shall be published in the official edition of the Supreme Court of Ukraine.

9. The secretary of Plenary meeting of the Supreme Court of Ukraine, along with exercising the powers of a judge, shall organize the s Plenary meetings, keep the meeting minutes and exercise control over fulfillment of the decisions taken by a Plenary meeting of the Supreme Court of Ukraine.

Article 56. Apparatus of the Supreme Court of Ukraine

1. The apparatus of the Supreme Court of Ukraine shall be available to provide for administrative, methodological and information support of operation of the Supreme Court of Ukraine. The number of apparatus staff and the apparatus structure shall be approved by the Presidium of the Supreme Court of Ukraine as proposed by the Chief Justice of the Supreme Court of Ukraine; the apparatus regulations shall be approved by the Chief Justice of the Supreme Court of Ukraine in coordination with the Presidium of Supreme Court of Ukraine.

2. The library of the Supreme Court of Ukraine shall be available to provide the Supreme Court of Ukraine with enactments, scientific, special literature and the materials of judicial practice. The rules concerning the library operation shall be approved by the Chief Justice of the Supreme court of Ukraine.

3. The materials pertaining to operation of the Supreme Court of Ukraine shall be kept in the Archives of the Supreme Court of Ukraine.

Article 57. Scientific and consultative council and editions of the Supreme Court of Ukraine

1. The Scientific and consultative council shall be set up at the Supreme Court of Ukraine that consists of the law experts for preliminary consideration of the draft resolutions of a Plenary meeting of the Supreme Council of Ukraine concerning the interpretation of the laws in force, drawing the conclusions on the draft enactments and other aspects of operations of the Supreme Court of Ukraine that require scientific support.

2. The procedure of organization and work of the Scientific and consultative council shall be determined by the regulations to be approved by Presidium of the Supreme Council of Ukraine.

3. The Supreme Court of Ukraine has its official edition that publishes the materials pertaining to judicial practice of the Supreme Court and other courts of general jurisdiction as well as the materials on the issues connected with operation of courts of general jurisdiction ,etc.

Section III. PROFESSIONAL JUDGES, PEOPLE'S ASSESSORS AND JURORS

Chapter 9. PARTICIPATION OF PROFESSIONAL JUDGES IN ADMINISTRATION OF JUSTICE

Article 58. Administration of justice by professional judges, people's assessors and jurors

1. Justice in Ukraine is administered by professional judges and, in cases specified by the law, by people's assessors and jurors.

2. Consideration of cases in keeping with the appealing and cassation procedure shall be done exclusively by professional judges.

Article 59. Professional judges

1. Professional judges shall be represented by the citizens that, pursuant to the Constitution of Ukraine, have been appointed or elected to the official post of a judge and hold a judicial post in one of the courts specified by this Law.

2. The judicial board of experts may recommend to the post of a judge a citizen of Ukraine of at least 25 years of age who has higher judicial education and experience of working in the domain of law for no less than three years, the person who has been living in Ukraine for at least ten years and has proper command of the national language.

3. Apart from the categories of persons meeting the job requirements of judges with specialized courts as per part 2 of this Article, qualified for the job are also those who have adequate professional skills and knowledge in the field covered by these courts’ jurisdiction. Should that be the case, a relevant qualifying commission may nominate for the post a national of Ukraine that is supposed to meet the requirements as follows: age - at least 30 ; resident of Ukraine for ten years (minimum); academic background - higher education in the field that falls within the jurisdiction of a relevant specialized court and at least a 5 year professional employment. Such judges shall administer justice solely as members of boards of justices.

4. Some categories of citizens shall not be nominated for the job of a judge and in particular:

1) those having no or limited capability as claimed by court;

2) suffering from chronic or mental diseases preventing him/her from executing the duties of a judge;

3) those subject to inquest, pre-trial investigation, hearing in criminal case or those with a standing conviction.

5. The requirements placed upon professional judges, the procedure of protection of professional interests of judges and their social protection are set forth in the Law of Ukraine "On the status of judges".

Article 60. Selection of candidates for the posts of professional judges

1. Candidates for the posts of professional judges shall be selected from among the judges that meet the general requirements as per parts two and three of Article 53 of this Law. A candidate for the post of a judge in military courts shall in addition be on active military service and have an officer's rank.

2. During selection of the candidates they shall have equal rights without distinction of their origin, social and property status, race, nationality, political convictions, religious beliefs and other circumstances.

3.Any person meeting the requirements for the job of a judge is entitled to apply to a relevant qualifying commission for nomination or election to the post.

4. A judge whose term of office has expired shall, given his/her application, be recommended for election to the post of a judge for an unlimited term provided there are no circumstances, specified by the law, that hamper such procedure.

Article 61. Appointment (election) of judges

1. The first appointment to the post of a professional judge for a term of five years shall be done by the President of Ukraine on the basis of the recommendation of a relevant judicial board of experts as proposed by the Highest council of justice. All other judges shall be elected for an unlimited period of time by the Verkhovna Rada of Ukraine on the basis of the recommendation of the Highest judicial board of experts of Ukraine as proposed by the Chief Justice of the Supreme court of Ukraine.

2. The procedure of submitting the proposals on appointment of judges to the posts is established by the Law of Ukraine "On the Highest council of justice".

3. The person, appointed to the post of a judge or elected to this post for an unlimited term in keeping with this Law, shall acquire the status of a professional judge of a court of relevant level and specialization: the judges of general local courts, general courts of appeal or military courts, the judges of the Court of Appeal of Ukraine, the judges of the Court of Cassation of Ukraine, the judges of local courts, the local courts of appeal or a higher specialized court, the judges of the Supreme Court of Ukraine.

4. The post of a judge and the terms of his/her labor contract shall be specified in the order issued by the chairman of a relevant court. A judge may be transferred to another court in conformity with the procedure established by this law.

5. A judge appointed to the post shall receive the certificate pursuant to this Law.

6. The reasons and procedure of removing a judge from a post, the conditions of legal liability, social protection and other issues of the status of judges are set forth by the Law of Ukraine "On the status of judges" in keeping with the Constitution of Ukraine.

Article 62. Transfer of judges to another court

1. A judge may be transferred to another court at his/her written request.

2. A judge may apply for a transfer to another court of the same level and specialization; should that be the case the transfer is to be implemented by the President of Ukraine as recommended by the Chief Justice of the Supreme Court of Ukraine or chairman of a relevant higher specialized court pursuant to provisions stipulated by law.

3. Any other transfers of judges shall be implemented pursuant to judge appointment or election procedures stipulated in this Law.

4. A judge may be temporarily transferred to another court without his/her consent, including the transfer to another locality, only in case of necessity and for a term not over two months in a calendar year. Temporary transfer of a judge to a court of a lower level, even in case of necessity, shall not be allowed without his/her consent.

Article 63. Peculiarities of the status of military judges

1. The judges of military courts shall be on active military service and be the servicemen of the Armed Forces of Ukraine.

2. The military ranks of military judges shall be conferred by the President of Ukraine as proposed by the Chief Justice of the Supreme Court of Ukraine. The terms and procedure of conferring the military ranks, the procedure of discharging the judges from military service are specified by the Law of Ukraine "On the general military duty and military service".

3. A military judge shall not be engaged in performance of other military duties except those of administration of justice.

Article 64. Administration of justice by professional judges

Cases of first instance shall be considered by a professional judge acting either individually or as member of a relevant board of justices in compliance with provisions stipulated by procedural law.

Chapter 10. PARTICIPATION OF PEOPLE'S ASSESSORS AND JURORS IN ADMINISTRATION OF JUSTICE

Article 65. People's assessors

1. People's assessors shall be represented by the citizens of Ukraine that, pursuant to procedural law, consider the cases in courts together with professional judges thus ensuring the direct participation of the people in administration of justice in accordance with the Constitution of Ukraine.

2. In the course of administration of justice the people's assessors shall enjoy all rights of a judge.

3. The list of people's assessors shall be approved by a relevant city council as proposed by the chairman of a local court. The list includes the citizens whose number is indicated in the proposal of the chairman of this court that permanently reside in the territory of jurisdiction of a given court, meet the requirements as per Article 60 of this Law and that have agreed to act as people's assessors.

4. Garrison commander shall approve a list of assessors with a local military court as recommended by chairman of that court. The list shall comprise the servicemen of the garrison that meet the requirements indicated in Article 66 of this Law, understanding that the number of assessors shall be indicated in the proposal submitted by chairman of that court.

5. the lists of people's assessors shall be approved for a term of four years and reviewed as necessary but at least within the space of two years. The list of people's assessors shall be published in local official press.

Article 66. Requirements placed upon people's assessors

1. A citizen of Ukraine, that has reached the age of 25 and permanently resides in the territory falling with the jurisdiction of a given court, may be a people's assessor

2. The following persons shall not be included into the lists of people's assessors:

1) the persons recognized by court as partially legally capable or legally incapable;

2) the persons with chronic mental disorders or other diseases that prevent them from performing the duties of a people's assessor;

3) the persons under inquest, pretrial investigation or court examination, or the persons with outstanding previous conviction;

4) the people's deputies of all levels, members of the Cabinet of Ministers of Ukraine, managerial staff of courts, employees of the bodies of internal affairs and other law enforcement bodies, lawyers, notaries.

3. The person, included into the list of people's assessors, shall inform the court about the circumstances that make it impossible for such a person to participate in administration of justice.

Article 67. Procedure and reasons for discharge from the duties of people's assessor

1. The following persons shall be subject to the discharge, at their request, from the duties of people's assessor by the order of the chairman of a court:

1) the citizens above 65 years of age;

2) the women on maternity or children care leave, the women having the children of preschool or junior school age, also the women maintaining the disabled children, other sick or elderly family members;

3) the heads and deputy heads of the state executive bodies and local-self-government authorities;

4) the persons who do not know the official national language;

5) the persons that deem it impossible for them to participate in administration of justice as a result to their religious beliefs;

6) other persons if the chairman of a court believes that the reasons such persons refer to are sound enough.

2. The persons indicated in this Article shall submit the application about their discharge from the duties of people's assessors in a specific case prior to engagement of such persons in the performance of these duties.

Article 68. Jurors

1. The jurors shall be the citizens of Ukraine that, in cases determined by procedural law, are engaged in administration of justice thus ensuring the direct participation of the people in the process of administration of justice in accordance with the Constitution of Ukraine.

2. Court of the Jury shall be established to consider the first instance cases as prescribed by procedural law.

3. As submitted by the chairman of a court of appeal, the list of jurors shall be drawn up on the basis of the lists of electors by the commission whose membership is approved by the Chairman of the Verkhovna Rada of the Autonomous Republic of the Crimea, the chairmen of a regional, Kyiv and Sevastopol city councils. The lists of jurors shall include the citizens that permanently reside in the territory of a relevant council and meet the requirements as per Article 69 of this Law. The list of jurors shall be approved by the decision of a relevant council.

4. The lists of jurors of the military courts of appeal shall, by the proposal of the chairmen of these courts, include the servicemen recommended by the meetings of military units and military institutions of the garrisons located in the territory falling within the jurisdiction of a relevant military court of appeal. The list of jurors shall include from fifteen to twenty servicemen from each garrison that meet the requirements as per Article 69 of this Law. The list of jurors of a military court of appeal shall be approved by the decision of a relevant council in whose territory a garrison is located.

5. The lists of jurors shall be approved not later that within one month from the day of receiving the proposal of the chairman of a court and shall be sent to a court within the same period of time; the lists shall be published in official press.

6. The lists of jurors shall be approved for a term of four years and reviewed each two years.

Article 69. Requirements placed upon jurors

1. A citizen that has reached the age of 30 may act as a juror.

2. The persons specified in Part two, Article 66 of this Law shall not be allowed to be the jurors.

3. One and the same person shall not be simultaneously included into the list of people's assessors and the list of jurors.

4. The person, included into the list of jurors, shall inform the chairman of a court of appeal about the circumstances making it impossible for such person to participate in administration of justice.

Article 70. Procedure and reasons for discharge from the duties of juror

1. The persons, specified in part one, Article 67 of this Law, are subject to the discharge from the juror's duties at the request of these persons.

2. The persons, specified in Part one of this Article, shall submit the request about their discharge from the juror's duties concerning a specific case prior to their engagement in performance of these duties.

Article 71. Engagement of people's assessors and jurors in performance of duties in courts

1. People's assessors shall be engaged in administration of justice in order of sequence for a term not exceeding one month in a year except the cases when prolongation of this term is caused by the necessity to finish the consideration of a case initiated by people's assessors. People's assessors shall not participate in administration of justice by specialized courts.

2. A court shall send a written invitation to a people's assessor or a juror for participation in administration of justice not later than two weeks before the beginning of a court session. The invitation shall specify the rights and duties of a people's assessor or a juror, the list of requirements placed upon people's assessors and jurors, also the reasons for discharging them from performance of their official duties.

3. The court that invites a people's assessor or a juror shall inform in writing about this their superiors not later than two weeks before the beginning of a court session.

4. Any manager at enterprises, institutions, companies irrespective of their types of ownership are obliged to relieve assessors or jurors of their job responsibilities for a period when they are bound to execute their duties in court. Should managers refuse to do so this could be qualified as disrespect for court which shall entail their further liability pursuant to the law.

5. Having received the invitation, people's assessors and jurors shall timely appear in a court for taking part in a court session. Failure to appear in a court without sound reasons shall be regarded as the contempt of court.

6. The procedure of selection of jurors for consideration of a case, swearing an oath and its content are determined by procedural law.

Article 72. The rights of people's assessors and jurors, guarantees of their protection

1. During the settlement of all issues connected with consideration of a case and making the a court ruling, the people's assessors and jurors shall have equal rights with professional judges.

2. The guarantees of independence and immunity of professional judges, specified by the law, shall cover the people's assessors and jurors in the course of performance of their duties relating to administration of justice.

3. While performing their duties in courts, the people's assessors and jurors shall receive the remuneration proportionally to an average monthly salary of the professional judge presiding over a court session. They should also receive per diem and be compensated for their travel and accommodation expenses. These payments are effected by a court using the state budget funds.

3. Dismissal of people's assessors or jurors, or transferring them to another job without their consent in the course of performance of their duties in court, also on the grounds of performance of the duties of people's assessors or jurors shall be considered as gross violation of labor laws and shall be legally liable under the law.

Section IV. JUDICIAL BOARDS OF EXPERTS

Chapter 11. THE SYSTEM OF JUDICIAL BOARDS OF EXPERTS

Article 73. The status of judicial boards of experts

1. The judicial boards of experts are the standing bodies in the judicial system of Ukraine whose powers are prescribed by the Constitution of Ukraine and this Law.

2. Qualifying commissions are assigned with a task of establishing corps of judges that are able to administer law in good faith, efficiently and impartially. To achieve this goal the commissions shall select and recommend nominees to hold the posts of professional judges; shall determine level of the nominees’ professional skills. The said commissions shall also deal with the issues connected with the judges’ disciplinary liability that might entail decisions on their dismissal (should that be the case).

3. Members of the judicial boards of experts shall exercise their powers on a voluntary basis; during the work in the judicial boards of experts, their members shall be discharged from the duties at the place of their employment and shall receive their average salary.

Article 74. Types of the judicial boards of experts

1. The following judicial boards of experts shall function within the judicial system of Ukraine:

- judicial boards of experts of general courts; judicial board of experts of military courts; judicial boards of experts of relevant specialized courts;

- Higher judicial board of experts of Ukraine.

2. The judicial boards of experts of general courts shall operate at the centers of the appellate circuits specified in Part three, Article 25 of this Law. All other judicial boards of experts shall function in the city of Kyiv.

3. The term of office of the Higher judicial board of experts of Ukraine shall be four years from the date of its establishment.

Article 75. Membership of the judicial boards of experts

1. The judicial boards of experts shall include 11 members that have a higher judicial education. A judicial board of experts shall consist of:

- six judges elected to a judicial board of experts pursuant to this Law;

- two persons from the ministry of justice of Ukraine;

- two persons authorized by a relevant regional (Kyiv city) council at the place of location of a judicial board of experts;

- one person appointed by the Commissioner for human rights of the Verkhovna Rada of Ukraine;

2. The Higher judicial board of experts of Ukraine shall include 13 members that have a higher judicial education. This board shall consist of:

- seven judges elected to the Board pursuant to this Law;

- two persons authorized by the Verkhovna Rada of Ukraine;

- two persons authorized by the President of Ukraine;

- one person authorized by the Commissioner for human rights of the Verkhovna Rada of Ukraine;

- one person from the ministry of justice of Ukraine.

Article 76. Formation of the judicial boards of experts

1. Members of the judicial boards of experts from among the judges shall be elected by secret or open ballot by the conferences of judges of relevant courts while members of the Higher board of experts of Ukraine shall be elected by the congress of judges of Ukraine through open or secret ballot. In case of withdrawal of a member of the Higher judicial board of experts prior to the termination of its term of office, another person from among the judges shall be appointed by the Council of judges of Ukraine for the remaining term.

The Chief Justice of the Supreme Court of Ukraine, chairmen of the higher specialized courts, chairmen of the courts of appeal, also their deputies shall not be elected to the judicial boards of experts and the Higher judicial board of experts of Ukraine.

2. The Verkhovna Rada of Ukraine will pass the resolution on appointment of two members of the Higher judicial board of Ukraine from among the persons having a higher judicial education and that are not the deputies of Ukraine.

3. The President of Ukraine shall appoint by his decree the two members of the Higher judicial board of experts of Ukraine.

4. Commissioner of the Verkhovna Rada of Ukraine for human rights shall appoint the members of a relevant judicial board of experts as per Article 74 of this Law.

5. The Minister of Justice of Ukraine shall issue the order on appointment of members of the judicial boards of experts.

6. A relevant board, indicated in Item 3, Article 75 of this Law shall decide on appointment of the required number of members of a judicial board of experts as per Article 74 in keeping with the procedure established by its regulations.

7. A judicial board of expert shall be considered as duly competent provided at least nine persons have been appointed (elected) to its membership, while the Higher judicial board of experts of Ukraine shall be considered as duly competent provided at least eleven persons have been appointed (elected) to its membership.

8. The powers of a new membership of a judicial board of experts shall commence from the day of termination of the powers of the previous membership of this board, while the powers of a newly established board shall commence from the day of appointment of its competent membership as per this Article.

Chapter 12. POWERS AND ADMINISTRATION OF THE JUDICIAL BOARDS OF EXPERTS

Article 77. Powers of a judicial board of experts

1. A judicial board of experts shall:

1) check the adequacy of the candidates for the post of a judge to the requirements set forth by the Law, conduct the qualification examinations and make the conclusion on adequacy for judicial jobs of each candidate that is proposed to hold this job for the first time or is going to be elected to the post of a judge for an unlimited term; draw the conclusions on removal of a person from the post of a judge;

2) conduct the qualification certification of judges of relevant courts and assign the qualification categories (not over the second category) to judges;

3) consider the requests and proposals on a disciplinary liability of judges of local courts, conduct the checks to this effect, mete out the disciplinary punishments given the grounds to do so and deal with the matters pertaining to the disciplinary liability of a judge;

4) terminate the term of resignation of the judges of local courts;

5) exercise other duties under the Law.

2. In order to exercise its powers, a judicial board of experts has the right to call for and receive the required information from chairmen of courts, managers of institutions and enterprises regardless of the forms of their ownership, also from citizens and their associations. The officials that refuse to provide such information or evade doing so shall be liable to legal proceedings.

Article 78. Operation of a judicial board of experts

1. A judicial board of experts shall elect from its membership the chairman, his/her deputy and secretary by open or secret ballot. The candidate that has gained a majority of votes of the board's members shall be considered as elected to the post of chairman of the board. Deputy chairman of the board and its secretary are elected by a majority of votes of the members that attended a board's meeting.

2. Chairman of a judicial board of experts shall provide for the board's work, allocate the duties of a board's members, convene a board's meetings and preside over them; the chairman shall also provide for the office work of a board.

3. The duties of chairman of a judicial board of experts, in case of his/her absence, will be carried out by the deputy chairman of a board, while in the event of absence of the deputy chairman such duties shall be performed by the secretary of a board.

Article 79. Meeting of a judicial board of experts

1. A judicial board of experts shall hold its meetings as necessary, but not later than within two months after a board received a relevant request or proposal.

2. The meetings of a judicial board of experts shall be prepared by chairman of a board or by secretary of a board as ordered by chairman of a board. Chairman of a judicial board of experts shall fix the time and place of holding a meeting, also the issues to be considered by it; not later than 10 days before a meeting the chairman shall inform about the said meeting and issues the persons that submitted the issues for consideration of a meeting and the official press of a relevant local council.

3. A meeting of a judicial board of experts shall be considered as duly competent if attended by at least by two thirds of its members.

4. A board's meeting shall be transparent unless decided otherwise by a judicial board of experts.

5. A board's meeting shall be chaired by chairman of a board; in the event of absence of a board's chairman a meeting shall be chaired by deputy chairman or secretary of a board. Other persons may be invited to participate in a board's meeting if a board decides that the presence of such persons is necessary.

6. Consideration of the issues at a meeting of a judicial board of experts shall be done in keeping with the procedure established by the regulations of a judicial board of experts passed by this board pursuant to the Standard regulations of operation of a judicial board of experts approved by the Chief Justice of the Supreme Court of Ukraine in coordination with the Council of judges of Ukraine and the Ministry of Justice of Ukraine.

Article 80. The rights of member of a judicial board of experts

A member of a judicial board of experts has the right to:

1) study the materials submitted for consideration of a board, participate in their analysis and verification;

2) submit his/her requests and proposals, also other documents concerning the issues to be considered;

3) submit the proposals on a draft resolution of a board pertaining to any issues, also vote for or against a proposal;

4) sign the resolutions of a board;

5) express his/her personal opinion on any additional resolutions of a board.

Article 81. Withdrawal of member of a judicial board of experts

1. Member of a judicial board of experts has no right to participate in consideration of issues or in the decision making process and shall be withdrawn (self-withdrawn) provided the facts that put in doubt the impartiality of such a member have been proved. Given the said facts such member shall submit his/her self-withdrawal. For the same reasons the withdrawal of member of a board may be requested by the person under a board's consideration, also the persons that requested a board to do so.

2. The withdrawal shall be well-grounded and submitted in writing to a board prior to consideration of this issue. The person presiding over a meeting shall inform about this the board's member subject to withdrawal.

3. The decision on withdrawal (self-withdrawal) of a board's member shall be taken by a majority of votes of the board's members attending a meeting provided the board's member subject to withdrawal (self-withdrawal) is absent.

Article 82. Decisions to be taken by a judicial board of experts

1. The decisions of a judicial board of experts shall be taken by a majority of votes of the board's members attending a meeting. The voting shall be conducted in the absence of the person concerned and other persons invited to attend the meeting.

2. While considering the issue about the judge that is a board's member, such judge shall not participate in the voting procedure.

3. The decision (conclusion) of a judicial board of experts shall be taken in writing and contain the following: the date and place of taking this decision, the board's composition, the issues under consideration, the grounds for taking the decision. The decision (conclusion) shall be signed by the chairman of a meeting and members of a board that took part in a meeting.

4. Given a dissenting personal opinion, the latter shall be presented in writing by the member of a board concerned and attached to the case; the person presiding over a meeting shall inform the meeting about this but not disclose the content of such opinion.

5. Within the space of 7 days the copy of the decision (conclusion) of a judicial board of experts shall be sent to the person that requested to take the decision to this effect and the person who was the subject of such a decision.

Article 83. Appeal against the decision of a judicial board of experts

The person concerning whom the decision of a judicial board of experts has been taken or the person that requested to make such a decision have the right, if such persons disagree with this decision, to appeal against this decision in compliance with the procedure and within the terms fixed by this Law.

Article 84. Powers of the Higher judicial board of experts of Ukraine

1. The Higher judicial board of experts of Ukraine shall:

1) make the conclusion on the possibility of election of the judges of the Supreme Court of Ukraine, judges of Higher specialized courts and the Court of Appeal of Ukraine, also on removal of the said judges from their posts.

2) check the observance by candidates for the posts of judges, specified in Item 1 of this Article also by the judges of the said courts, of the provisions of the Constitution Of Ukraine and the laws on their status;

3) conduct, pursuant to this Law, the certification of judges of the Supreme Court of Ukraine, Higher specialized courts and the Court of Appeal of Ukraine, and also assign the relevant qualification categories to them;

4) consider the requests concerning the disciplinary liability of judges of the courts of appeal; conduct the checks to this effect; meet out, given the sound reasons, the disciplinary punishments and consider the cases pertaining to the disciplinary liability of judges of the said courts;

5) consider the complaints against the decisions (conclusions) of judicial board of experts;

6) check the cases considered by the judicial boards of experts, that contain a dissenting opinion of members of such boards.

7) grant the permission for passing the examination and take a repeated examination by the judges that were not recommended for election to their posts for an unlimited term.

8) terminate the resignation of a judge;

9) exercise other powers in keeping with the law.

2. On the basis of the results of consideration of a complaint the Higher judicial board of experts of Ukraine may leave a decision (conclusion) of a judicial board of experts unchanged, change such a decision (conclusion) or cancel it, also terminate consideration of the cases involving a disciplinary liability.

3. The procedure of operation of the Higher judicial board of experts shall be determined by its Regulations, passed by a majority of votes of members of the Higher judicial board of experts of Ukraine pursuant to the Standard regulations relating to the operation of a judicial board of experts.

Article 85. Appealing against a decision of the Higher judicial board of experts

1. A decision of the Higher judicial board of experts may be appealed in a court only in the cases specified by this Law.

2. The decision of the Higher judicial board of experts concerning the disciplinary liability of a judge of a court of appeal may be appealed by a judge at the High Council of Justice in keeping with the procedure established by this Law.

Article 86. Support of operation of the judicial boards of experts

1. Operation of the qualifying commission for judges and of the Supreme Qualifying Commission for the judges of Ukraine shall be provided by the State Judicial Administration whether financially or administratively.

2. Any qualifying commission (whether Supreme or the one meant for specialized courts) shall establish its own secretariat to be in charge of the commissions’ organizational functions. Other qualifying commissions shall be backed - on the organizational level - by relevant territorial departments of the State Judicial Administration.

Chapter 13. CERTIFICATION OF JUDGES

Article 87. Objectives and grounds for certification of judges

1. Certification of judges shall be conducted by the judicial boards of experts for assessing the professional level of judges and assigning a relevant qualification class [category] to them in order to stimulate their professional development and to raise their responsibility in the course of administration of justice.

2. The following are the grounds for certification of judges:

1) requirements of the law regarding the assignment of a qualification class to the judge appointed to the post for the first time;

2) termination of the term of validity of a relevant qualification class fixed by the law;

3) appointment of a judge to the post in a court of higher level;

4) the request for reschedule assignment of a qualification class or the assignment of a higher qualification class;

5) the decision on imposition of a disciplinary punishment upon a judge;

6) the request of a judge for renewal [continuation] of a qualification class.

Article 88. Qualification classes of judges

1. Depending upon the professional level, post, length of service and experience of work, the following six classes shall be fixed for judges: the highest, the first, the second, the third, the forth and the fifth.

2. Qualification classes shall be assigned to the following persons:

- the judges of the Supreme Court of Ukraine and the judges of higher specialized courts: the highest, the first and the second qualification classes;

- the judges of the Court of Appeal of Ukraine, the judges of specialized courts of appeal and general courts: the first, the second and the third qualification classes;

- the judges of local courts: the second, the third, the fourth and the fifth qualification classes.

2. The Chief Justice of the Supreme Court of Ukraine, the chairmen of the higher specialized courts shall be the judges of the highest qualification class ex officio.

Article 89. The term of validity of qualification classes

1. The persons that have been assigned to their posts for the first time shall be certified within the first year of holding such posts but not later than within six months from the date of appointment.

2. The minimal term of validity of a qualification class that gives the right to assignment of the next class shall be: the fifth and the forth classes – three years; the third and the second classes – five years. The term of validity of the first qualification class is not limited.

3. The judge that has resigned or retired will retain his/her qualification class.

4. Termination of resignation shall entail deprivation of a qualification class with the exception of a repeated election to the post of judge or the loss of citizenship.

5. Taking into account the experience and professional level of a judge, it is allowed to raise a qualification class without observing the fixed sequence but not more than by two classes.

6. A decrease in a qualification class is allowed only in the form of a disciplinary punishment and not more than by one class only.

7. A judge shall be deprived of a qualification class provided such judge is removed from the post on the grounds specified in Items 5, 6, Part five, Article 126 of the Constitution of Ukraine in compliance with the procedure established by the Law of Ukraine "On the status of judges".

Article 90. The procedure and ways of conducting the certification of judges

1. A regular certification of judges shall be conducted not later than within one month after termination of the term of validity of a qualification class assigned to a judge. The preschedule certification of a judge may be conducted only after two years since the day of the last certification of a judge.

2. The unscheduled certification of judges shall be conducted only provided a judicial board of experts is ready to consider the proposal to this effect but not later than within two months from the date of submitting such a proposal.

3. The chairman of a relevant court shall prepare the reference of the judge to be certified that describes his/her moral qualities and professional level. The reference may be supplemented with the decision made by the meeting of judges of a given court.

4. The reference of the chairman of a court in charge of certification shall be made by the chairman of a court of higher level. The reference shall be supplemented with the decision made by the meeting of judges of a given court.

5. The judges subject to certification shall be able to read his/her reference and receive its copy not later than fifteen days before the date of certification.

6. Certification shall be conducted in the presence of the judge that is being certified. The chairman of a court who made the reference of a judge, also the representatives of a relevant judicial self-government authority may participate in consideration of the certification issues.

7. Provided the judge to be certified has failed to attend the meeting of a judicial board of experts for sound reasons, such judge may be certified in absentia if the board believes it possible in case the issue of certification does not involve a disciplinary punishment.

8. Certification is conducted in the form of a qualification examination, qualification interview or a repeated examination.

Article 91. Qualification examination

1. The qualification examination shall be understood as certification of the person that expressed his/her wish to be recommended for holding the post of a judge for the first time.

2. The qualification examination is intended for the determination of knowledge and professional level of the candidate for the post of a judge, the degree of his/her preparedness for administration of justice concerning the issues falling within the jurisdiction of a relevant court.

3. After fulfilling a written task by the candidate, the interview with the candidate and putting oral questions to the candidate, a judicial board of experts, depending on the results of a qualification examination, shall make the conclusion on passing of the examination and the adequacy of such candidate for judicial work, also recommend a candidate for appointment to the post of a judge, or make a well-grounded conclusion concerning the refusal of such recommendation. The examination procedure shall be duly recorded while all the materials relating to the examination shall be kept in the archives as official documents. The results of the qualifying examination shall be valid for a period of 3 years.

4. The qualification examination shall be passed by the persons that are nominated for appointment to the post of a judge for the first time, also the persons that had been removed from the post of a judge more than 5 years ago.

5. Persons that have passed the said examination but have not been nominated due to a lack vacancies shall be deemed nominated by the qualifying commission in the course of 3 years if they don’t revoke their applications within this period of time.

6. The person that failed to pass the qualification examination may be allowed to pass such examination again only after the period of one year. Prior to passing the examination repeatedly, the documents necessary for selection of the candidates for the post of a judge shall be prepared taking into account the information about the candidate within the period between the qualification examinations.

7. The person that failed to pass the repeated qualification examination may be allowed to pass the next qualification examination only after two years.

Article 92. Qualification interview

1. The qualification interview is intended for checking the knowledge of a professional judge, determination of his/her professional adequacy, also the ability to improve his/her skills and administer justice in relevant courts and the courts of a higher level.

2. The qualification interview with the judge laying claim to the assignment of a qualification class for the first time shall concentrate on the professional orientation of this judge in judicial work and his basic judicial skills.

3. The qualification interview shall be conducted orally and concentrate on the basic provisions of law and the materials relating to practical administration of justice and performance of official duties of the judge.

4. The qualification interview with the judge that wishes to receive a qualification class before the appointed time shall concentrate on raising the professional level of such judge, the methods and forms of improvement of judicial procedure and the learning of judicial practice.

5. The qualification interview with the judge laying claim to the assignment of a higher qualification class shall concentrate on the successes attained by the judge during the performance of his/her duties, the nature and complexity of the cases being considered by the judge, the analysis of judicial practice within the limits of his/her specialization and the proposals on improvement of such practice.

6. The qualification interview with the judge that is a candidate for the post in a court of higher level shall concentrate on the knowledge of law, judicial practice and legal analytics; the level of knowledge of such a candidate shall be sufficient for proper performance of judicial duties in a court of higher level.

7. The qualification interview with the judge wishing to be elected to the post of a judge for an unlimited term shall involve the assessment of his/her work at the post of a judge within the space of 5 years, his/her professional level and other circumstances, connected with an unlimited status of a judge.

Article 93. Repeated examination

1. The repeated examination shall be understood as passing a qualification examination by the person that, in accordance with the decision of a judicial board of experts, is not recommended for election to the post of a judge for an unlimited term.

2. The repeated examination may be assigned by the Higher judicial board of experts of Ukraine in compliance with complaint lodged by a judge that disagrees with the decision of a judicial board of experts on the refusal of recommendation of such judge for his/her election for an unlimited term.

3. The repeated examination shall be passed by a judge to the Higher judicial board of experts of Ukraine within the space of one month from the day of adoption of the decision on permission to pass the repeated examination.

4. Should a judge fail to pass the repeated examination, the recommendation on removal of this judge from the post shall be submitted to the Higher board of justice.

Article 94. Decision of a judicial board of experts concerning the issues of certification

1. Depending on the professional level, length of service, post and experience of the judge that is being certified, a judicial board of experts shall:

1) assign a relevant qualification class to a judge;

2) leave the previously assigned qualification class of a judge unchanged;

3) recommend a candidate for the post of a judge or deny such recommendation;

4) postpone the certification (in case of inadequate professional level of a judge) for a term not over 6 months.

5) other decisions pursuant to Article 87 of this Law.

2. Deciding on recommendations to elect or appoint a person to an post of judge the qualifying commission shall take into account not only his/her professional skills and knowledge but also his/her personal moral qualities.

3. The qualifying commission is entitled to conclude that a certain judge does not meet the professional requirements pertinent to the post and as such may be subject to dismissal provided that the judge in question has already been given an opportunity (time) to improve his/her skills and knowledge and that the commission would nevertheless deem them insufficient

4. In some cases the qualifying commission may decide on granting a higher qualification grade than that indicated in recommendations or to approve a recommendation on any other incentive to be provided.

5. When certifying a judge and deciding on his/her certification degree the commission shall account for issues such as former work experience as judge , state arbiter, prosecutor as well other professional experience gained in offices usually held by persons with the academic background (higher education) in law.

Article 95. Appeal against the decisions of judicial boards of experts on the issues of certification of judges

1. The judge that disagrees with the decision of a judicial board of experts concerning his/her certification may appeal against this decision at the Higher judicial board of experts of Ukraine within the space of fifteen days from the day of receiving the copy of such decision.

2. The complaint shall be submitted through the judicial board of experts that has taken the decision. Having received the complaint, this judicial board of experts shall, within the period of three days, send the complaint and other pertinent materials of the case to the Higher judicial board of experts of Ukraine.

3. The Higher judicial board of Ukraine shall consider the complaints against the decision on certification of judges within the space of one month from the day of filing the complaint and submission of other relevant materials. The board may invite the judge who lodged the complaint to take part in the board's session that considers the complaint.

4. The Higher judicial board of experts of Ukraine has the right:

1) to reject a complaint;

2) to change the decision and assign a qualification class to a judge.

3) to leave the previously assigned qualification class of a judge unchanged.

4) to assign a repeated examination.

5. Decisions of the Higher judicial board of experts of Ukraine shall, within the space of ten days, be sent to the judge who lodged the complaint and to chairman of the court where the judge works.

6. Decisions of the Higher judicial board of experts of Ukraine concerning the issues of certification may be appealed in court only in case of violation of the procedure of consideration of such issues established by the Law.

Chapter 14. POWERS OF THE JUDICIAL BOARD OF EXPERTS PERTAINING TO THE DISCIPLINARY LIABILITY OF JUDGES

Article 96. General conditions of the disciplinary liability of judges

A judge may incur a disciplinary liability in compliance with the disciplinary procedure on the grounds specified by the Law of Ukraine "On the status of judges".

Article 97. Disciplinary proceedings against judges

1. The disciplinary proceedings shall be understood as the procedure of consideration by the body, specified by the law, of a statement containing the information on breaking the judicial status, official duties or the oath by a judge.

2. The right to initiate the disciplinary proceedings against a judge shall belong to the following persons: people's deputies of Ukraine; Commissioner for human rights of the Verkhovna Rada of Ukraine; Minister of Justice of Ukraine; chairman of a higher specialized court – against a judge of a relevant specialized court where the judge holds a post except the initiation of dismissal of a judge; chairman of a relevant council of judges, also members of the Council of judges of Ukraine.

3. It is not allowed to abuse the right specified in Part two of this Article, in particular, to initiate consideration of the issue concerning the legal liability of a judge without sound reasons, also to use the said right for exerting pressure upon a judge in connection with administration of justice by a such judge.

4. Disciplinary actions in respect of a judge may be initiated by persons such as: People’s Deputies of Ukraine, Ombudsman with Verkhovna Rada of Ukraine, Chief Justice of the Supreme Court of Ukraine (by chairman of higher specialized court - in respect of a judge of a relevant specialized court except for the judge dismissal ) by the Minister of Justice of Ukraine; Head of relevant council of Judges, by members of the Council of Justice of Ukraine

Article 98. The authorities that conduct disciplinary proceedings

The disciplinary proceedings shall be conducted by the following authorities:

1) judicial boards of experts – against the judges of local courts;

2) The Higher judicial board of experts of Ukraine – against the judges of the courts of appeal;

3) The High Council of Justice – against the judges of higher specialized courts and the judges of the Supreme Court of Ukraine.

Article 99. The way of conducting the disciplinary proceedings against judges

1. The disciplinary proceedings shall involve checking the information on availability of the grounds for making a judge answerable for disciplinary misdeeds, opening a disciplinary case and its consideration, also taking an appropriate decision by the body conducting such proceedings.

2. The High Council of Justice shall conduct disciplinary proceedings against the judges of the Supreme Court of Ukraine and the judges of higher specialized courts in keeping with the procedure established by the Law of Ukraine "On the High Council of Justice".

Article 100. Decision on the substance of a disciplinary case of a judge

1. The decision on the substance of a disciplinary case of judge shall be taken by a majority of votes of members of a judicial board of experts that attend its meeting.

2. The decision on the substance of a disciplinary case shall indicate the name of a board, family name, first name and patronymic of the judge subject to disciplinary proceedings, the actions involving the disciplinary misdeeds, explanations of the judge and the information characterizing the judge, the grounds for taking the decision with relevant evidences, the measures of disciplinary liability taken against the judge, or the grounds for termination of the case, also the procedure and terms of appealing against the decision.

3. When imposing a disciplinary punishment on a judge, the board shall take into account the nature of misdeed , its consequences, personal traits of a judge, the degree of his/her guilt, also the circumstances essential for determining the degree of a disciplinary liability.

4. Provided a judicial board of experts has decided that there exist no grounds for making a judge answerable for a disciplinary misdeed, the board shall terminate the proceedings and inform the parties concerned about this.

5. Disciplinary punishment shall be imposed on a judge not later than within a period of six months after exposure of the judge's actions classified as a disciplinary misdeed; this period shall not include the time of temporary disability of a judge or the time when a judge was on leave.

6. The appeal of a judge against the decision of a judicial board of experts also against the decision of the Higher board of experts of Ukraine initiating the disciplinary proceedings against a judge shall be filed pursuant to this Law.

Article 101. Appeal against the decisions on disciplinary liability of a judge

1. A judge of a local court may appeal against the decision of a judicial board of experts on his/her disciplinary liability to the High Council of Justice not later than within one month from the next day after receiving a copy of such decision. The appeal shall be submitted through the judicial board of experts that has made the decision.

2. A judicial board of experts shall, within a period of three days after receiving the appeal, send it, together with the materials of a disciplinary case, to the High Council of Justice.

3. A judge brought to account as a result of disciplinary actions pursuant to a decision of the Supreme Qualifying Commission of Ukraine shall be entitled to appeal against such a decision to the Supreme Judicial Council as indicated in part one of this Article. Should that be the case the Supreme Qualifying Commission of Ukraine is supposed to send the said appeal with all the pertaining materials to the Supreme Judicial Council within three days at most upon the receipt of the appeal.

4. A judge of a court of appeal may lodge a complaint to the High Council of Justice against the decision of the Higher judicial board experts of Ukraine on initiating the disciplinary proceedings against such judge; this shall be done in compliance with the procedure specified in Part one of this Article. Within the space of three days after receiving the complaint, the Higher judicial board of experts of Ukraine shall send the complaint, together with other materials of a disciplinary case, to the High Council of Justice.

5. Consideration of appeals by the High Council of Justice shall be done pursuant to the Law of Ukraine "On the High Council of Justice".

Section V. JUDICIAL SELF-GOVERNMENT

Chapter 15. THE PRINCIPLES OF JUDICIAL SELF-GOVERNMENT

Article 102. The concept of judicial self-government

1. The judicial self-government system shall be available in Ukraine to solve the issues of internal operation of courts, that is, the system for collective settlement of these issues by professional judges.

2. The issues of internal operation of courts include the organizational support of courts and the work of judges, social protection of judges and members of their families, also other issues that are not directly connected with administration of justice. The decisions on said issues by the judicial self-administration authorities shall be taken pursuant to the law.

3. The procedure of implementation of the judicial self-government shall be established pursuant to the Constitution of Ukraine, this Law, the Law of Ukraine "On the status of judges", other laws, also the regulations passed by the judicial self-government authorities pursuant to this Law.

Article 103. Objectives of the judicial self-government authorities

1. The judicial self-government is one of the most import guarantees of independence of courts and judges. Objectives of the judicial self-government authorities pertaining to the issues of internal operation of courts are as follows:

1) to provide for organizational unity of operation of judicial bodies; to strengthen the independence of courts, to protect them from any interference into their operation;

2) to participate in determination of the requirements concerning the personnel, financial, material, technical and other kinds of support of courts, to exercise control over the observance of fixed norms of such support;

3) to deal with the matters pertaining to the appointment of judges to the posts in courts of general jurisdiction, election of the judges to the Constitutional Court of Ukraine, to the High Council of Justice and judicial boards of experts;

4) to settle the issues on material encouragement of judges and managerial personnel of courts;

5) to exercise control over operation of courts and other bodies within the court system.

2. Activity of the judicial self-government authorities shall promote the creation of adequate organizational and other conditions essential for normal operation of courts and judges, firmly establish the independence of courts, protect judges from interference into the judicial activity, also raise the quality of work with the court personnel.

Article 104. Organizational forms of the judicial self-government

1. The organizational forms of the judicial self-government include the meetings of judges, conferences of judges, the Congress of judges of Ukraine, councils of judges and their executive bodies.

2. The judicial self-government in Ukraine is implemented through:

1) the meetings of judges of a local court, a court of appeal (The Court of Appeal of Ukraine), a higher court, the Supreme Court of Ukraine;

2) the conferences of judges of general (excluding the military) local courts and the courts of appeal of the Autonomous Republic of the Crimea, regions [oblasts), the cities of Kyiv and Sevastopol;

3) the conferences of judges of military courts;

4) the conferences of judges of specialized courts;

5) the congress of judges of Ukraine.

Chapter 16. MEETINGS OF JUDGES AND CONFERENCES OF JUDGES

Article 105. The meeting of judges

1. The meetings of judges shall be understood as the meeting of judges of a relevant court at which they discuss the issues of internal operation of this court and take the collective decision on the issues under consideration.

2. The meetings of judges of a local court shall be convened by the chairman of a relevant court both on his/her initiative and at the request of at least two thirds of the total number of judges of a given court. The meetings of judges of a court of appeal shall be convened by the presidium of a relevant court on its own imitative or as proposed by the chairman of a court, or at the request of at least one third of the total number of judges of this court.

3. The meetings of judges of a local court shall be convened as necessary but at least once in six months. The meetings of judges of a court of appeal and the Court of Cassation of Ukraine shall be convened at least once within a period of three months.

4. A meeting of judges of a local court shall be considered as duly competent if attended by at least two thirds of the total number of judges of this court. A meeting of judges of a court of appeal and the Court of Cassation of Ukraine shall be considered as duly competent if attended by more that a half of the general number of judges of a given court. The court apparatus staff and other persons may be invited to attend the meeting of judges but only the judges of a given court may take part in the vote.

5. The meetings of judges shall consider the issues concerning the internal operation of a court or the performance of individual judges and the staffers of court apparatus and shall take the pertinent decisions binding for the meeting's executive body and the judges that hold administrative posts in a given court. The meetings shall hear the reports of judges holding the administrative posts in a given court, also the reports presented by heads of structural divisions of the court apparatus. The meetings of local courts and the courts of appeal will elect the delegates to relevant conferences of judges, while the meetings of judges of the Court of Appeal of Ukraine and the Court of Cassation of Ukraine will elect the delegates to the congress of judges of Ukraine.

6. The meetings of judges may submit the proposals on settlement of the issues concerning the internal operation of a court to the state bodies and local self-government authorities which shall consider the proposals and comment on them

7. The meetings of judges may consider the practice of application of the laws in force, work out the proposals on improvement of this practice and the laws in force, and submit the proposals for consideration of the conferences of judges and the congress of judges of Ukraine.

Article 106. The meetings and powers of judges of the Supreme Court of Ukraine and higher courts

1. The meetings of judges of the Supreme Court of Ukraine, the meetings of judges of higher specialized court shall be convened by the presidium of a relevant court on its own initiative, as proposed by the chairman of a court or at the request of at least one third of the total number of judges of a given court.

2. The meetings of judges of the Supreme Court of Ukraine, the meetings of judges of a higher specialized court shall be convened as may be necessary but al least once in three months.

3. The meetings of judges of the Supreme Court of Ukraine and the meetings of judges of a higher specialized court shall be considered as duly competent if attended by more than a half of the total number of judges of a given court. The managerial staff of a court and other persons may be invited to attend the meetings of judges but only the judges of a given court have the right to vote.

4. The meetings of judges shall consider the issues concerning the internal operation of a court or the performance of individual judges and the staffers of court apparatus and shall take the pertinent decisions binding for the meeting's executive body and the judges that hold administrative posts in a given court. The meetings shall hear the reports of judges holding the administrative posts in a given court, also the reports presented by heads of structural divisions of the court apparatus.

5. The meetings of judges of a higher specialized court shall discuss the issues of judicial practice and submit the proposals for consideration of the conference of judges of relevant specialized courts; the meetings shall also elect the delegates to these conferences.

6. The meetings of judges of the Supreme Court of Ukraine shall discuss applications of the laws in force in judicial practice, the proposals of judges of the Supreme Court of Ukraine concerning the necessity of clarifications pertaining to certain aspects of judicial practice, also elect the delegates from the Supreme Court of Ukraine to the Congress of judges of Ukraine.

7. The meetings of judges of the Supreme Court of Ukraine and the judges of a higher specialized courts may submit the proposals on solution of the issues of court operation for consideration of the state bodies and local self-government authorities which shall study the proposals and comment on them.

Article 107. Fulfillment of decisions made by the meetings of judges

1. Fulfillment of decisions taken by the meetings of judges of a local court shall be done by the chairman of a relevant court as ordered by the meetings.

2. Fulfillment of decisions taken by the meetings of judges in the courts which have the presidiums pursuant to this Law shall be done by this presidiums.

Article 108. Conferences of judges

1. A conference of judges shall be understood as a meeting of representatives of judges (delegates) of relevant courts at which they discuss the operation of these courts and take a collective decision on the issues under consideration.

2. A conference of judges of relevant courts shall:

1) discuss and settle the issues concerning the personnel, financial, organizational, material and technical support of operation of relevant courts;

2) hear the reports submitted by the relevant bodies of a conference and the relevant boards of the state judicial administration;

3) fix the number of members of a council of judges and elect its members;

4) elect the members of a relevant judicial board of experts;

5) work out the proposals to be submitted for consideration of the congress of judges of Ukraine;

6) submit the proposals to the state bodies and local self-government authorities concerning the operation of relevant courts.

7) elect the delegates to the congress of judges of Ukraine;

8) discuss other issues falling within jurisdiction of the judicial self-government authorities.

3. A conference of judges takes the decisions binding for its executive bodies and the judges that hold the administrative posts in relevant courts.

4. A conference of judges shall elect the council of judges by open or secret ballot from among the delegates of a conference; this council is an executive body of a conference of judges.

Article 109. Convocation of the conferences of judges

1. A conference of judges shall be convened at least once a year by the decision made by a relevant council of judges. A conference of judges may be also convened at the request of at least on third of the delegates that attended the previous conference of judges. Provided a council of judges avoids fulfilling the said request, the persons who initiated the convocation of a conference (at least one third of the delegates of the previous conference) shall set up the organizational bureau for convocation a conference of judges. This bureau has the powers of a council of judges concerning the convocation of a conference.

2. The judges of relevant courts shall be informed about the date of beginning of a conference and its agenda not later than 15 days before the beginning of a conference.

Article 110. Procedure of holding the conferences of judges

1. A conference of judges shall be considered as duly competent if attended by at least two thirds of the total number of delegates of relevant courts. A conference may also be attended by the judges who are not the delegates to a conference.

2. The delegates to a conference shall be elected by the meetings of judges through secret or open ballot on an alternative basis with free nomination of the persons for election as the delegates to a conference. The delegates to a conference of military courts shall be represented by all military judges of Ukraine.

3. A conference of judges is usually opened by the chairman of a relevant council of judges; provided a conference has been convened not by the decision of a council of judges, it shall be opened by the authorized representative of the organizational bureau for convocation of a conference of judges.

4. A conference of judges shall elect by open ballot from among the delegates to a conference the presidium of a conference and other working bodies of a conference; the number of members of the presidium is fixed by the decision of a conference. The presidium shall supervise the work of a conference of judges.

5. A conference of judges shall approve the agenda of a conference and its regulations.

6. A conference of judges may be attended by representatives of the state bodies, local self-government authorities, scientific and educational institutions, law-enforcement bodies, public organizations.

7. The decision of a conference of judges shall be taken by a majority of votes of the delegates to a conference by open or secret ballot.

8. Other issues of holding a conference of judges are specified by the regulations of a relevant conference of judges.

Article 111. The councils of judges

1. Within the period between the conferences of judges the functions of a judicial self-government shall be performed by a relevant council of judges.

2. A council of judges shall elect from among its members the chairman, deputy chairman and secretary of a council of judges. Chairman and deputy chairmen of the courts of appeal and higher courts, head of the military chamber of the Court of Appeal of Ukraine and head of the military chamber of the Court of Cassation of Ukraine shall not be elected to the post of chairman of a relevant council of judges.

3. Within the period between the conferences of judges a council of judges shall provide for execution of the decisions taken by a conference and control over their observance, also decide on convocation of the next conference. The powers and operation of a council of judges shall be specified by this Law and the regulations of a council of judges approved by a conference of judges.

4. A council of judges shall:

1) consider the issues of legal and social protection of judges, provision of consumer and household services for judges and their families, and take the decisions to this effect;

2) exercise control over the operation of relevant courts and relevant departments of the state and judicial administration, hear the progress reports of chairmen of these courts and officials of the state judicial administration;

3) consider the issues concerning the appointment of judges to administrative posts in courts in the manner prescribed by this law;

4) hear the reports of members of relevant judicial boards of experts concerning their work in these boards;

5) submit the proposals on operation of relevant courts for consideration of the state bodies and local self-government authorities;

6) hear, at least once a year, the information of the state judicial administration of Ukraine on support of operation of the courts of general jurisdiction.

7) take other decisions falling within the limits of its power.

5. The decisions taken by a council of judges shall be binding for the judges holding the administrative posts on relevant courts. Decision of a council of judges may be canceled only by a conference of judges and suspended by the decision of the Council of judges of Ukraine.

Chapter 17. THE HIGHEST JUDICIAL SELF-GOVERNMENT AUTHORITIES

Article 112. The congress of judges of Ukraine

1. The highest judicial self-government authority is the congress of judges of Ukraine that is convened once in three years.

2. The congress of judges of Ukraine shall:

1) hear the report of the Council of judges of Ukraine on fulfilling the tasks of the judicial self-government authorities relating to the provision of independence of courts and judges, the state of affairs in the field of organizational, financial, material, technical, personnel, scientific and information support of courts;

2) hear the progress reports of the Higher judicial board of experts of Ukraine and chairman of the State judicial administration of Ukraine;

3) appoint and dismiss the judges of the Constitutional Court of Ukraine in compliance with the Constitution of Ukraine and the Law;

4) appoint and dismiss the members of the High Council of Justice in compliance with the Constitution of Ukraine and the law;

5) elect the members of the Higher judicial board of experts of Ukraine;

6) submit the proposals on operation of courts for consideration of the state bodies and officials;

7) determine the number of members of the Council of judges of Ukraine and elect the Council of judges of Ukraine;

8) consider other issues pertaining to the judicial self-government.

3. The congress of judges of Ukraine takes the decisions that shall be binding for all judicial self-government authorities and the judges holding the administrative posts in the courts of all levels.

Article 113. Convocation of the council of judges of Ukraine

1. A regular congress of judges of Ukraine shall be convened by the Council of judges of Ukraine. An extraordinary congress of judges of Ukraine may be also convened at the request of at least one third of the delegates to a conference of judges of general courts, or at the request of a conference of judges of specialized courts, or as requested by a general meeting of the Supreme Court of Ukraine.

2. The Council of judges of Ukraine shall decide on convocation of a regular or an extraordinary congress, approve the agenda of a congress, fix the date and the place of holding a congress and the norm of representation of judges at it.

3. The President of Ukraine, people's deputies of Ukraine, Commissioner for human rights of the Verkhovna Rada of Ukraine, members of the High Council of Justice, representatives of the government and other central state bodies, representatives of scientific and educational institutions, public organizations may be invited to participate in the work of a congress.

4. Provided the Council of judges of Ukraine does not convene the Congress of judges at the request of conferences or meetings of judges as per Part one of this Article, the initiators of convocation of an extraordinary congress will set up the organizational committee for convocation of a congress of judges of Ukraine that shall have the powers of the Council of judges of Ukraine concerning the convocation of a congress. In this case the organizational committee shall, without any delay, publish the information about its establishment in central official press and fix the date of holding an extraordinary congress of judges not before than two months from the day of establishment of the organizational committee.

5. The judges of all courts shall be informed about the date of holding a congress of judges of Ukraine and its agenda not later than 30 days before the beginning of a congress.

Article 114. Election of delegates to a congress of judges of Ukraine

1. The delegates to a congress of judges of Ukraine shall be elected by the conferences of judges while the delegates from the Court of Appeal of Ukraine shall be elected by the meeting of this court in accordance with the norm of representation fixed by the Council of judges of Ukraine. The general meeting of the Constitutional Court of Ukraine shall elect three delegates from among the judges of this court to a congress of judges of Ukraine.

2. The delegates to a congress of judges of Ukraine shall be elected by open or secret ballot, on an alternative basis with free nomination for election.

Article 115. The procedure of holding a congress of judges of Ukraine

1. A congress of judges of Ukraine shall be considered as legally competent if attended by at least two thirds of the total number of elected delegates.

2. A congress of judges of Ukraine shall be opened by chairman of the Council of judges of Ukraine; In case of absence of the chairman this shall be done by the deputy chairman or secretary of the Council of judges of Ukraine.

3. A congress shall elect by open ballot the congress presidium whose membership is fixed by a congress. The presidium shall supervise the work of a congress of judges of Ukraine.

4. A congress shall discuss and approve its agenda and standing orders, elect the credentials commission, secretariat and other working bodies.

5. The work of a congress of judges of Ukraine shall be duly recorded.

6. The decisions of a congress of judges of Ukraine shall be taken by a majority of votes by open or secret ballot. The issues indicated in Items 3-5, Part 2, Article 104 of this Law shall be settled by secret ballot.

7. Other issues relating to the procedure of holding a congress of judges of Ukraine shall be regulated by the standing orders of a congress of judges of Ukraine approved by a congress.

Article 116. The Council of judges of Ukraine

1. The Council of judges of Ukraine shall be the highest judicial self-government authority within the period between the congresses of judges of Ukraine.

2. The Council of judges of Ukraine shall be elected by a congress of judges of Ukraine; the members of this Council and their number are determined by the decision of a congress. The Council of judges of Ukraine shall include at least one representative of the judges of the Court of Appeal of Ukraine, the Court of Cassation of Ukraine, the conference of judges of military courts, the conference of judges of specialized commercial courts and the conference of judges of specialized administrative courts, the judges of the Supreme Court of Ukraine, also the judges of the Constitutional Court of Ukraine. The representatives of judges of general local courts and the courts of appeal shall account for at least a half of the general number of members of the Council of judges of Ukraine. The proposals on nomination of the candidates to the Council of judges of Ukraine may be submitted by the delegations from a conference or a meeting of judges, also by individual delegates of the congress.

3. Members of the Council of judges of Ukraine shall elect at its meeting from among its members the chairman of the Council of judges of Ukraine, deputy chairman and secretary, as well as the presidium of the Council of judges of Ukraine. The presidium members and their number are fixed by the Council of judges of Ukraine pursuant to the provisions about the Council of judges of Ukraine that are approved by a congress of judges of Ukraine.

4. Within the period between the congresses, the Council of judges of Ukraine shall provide for control and execution of the congress decisions, also decide on the convocation of a congress. The powers and procedure of work of the Council of judges of Ukraine are determined by this Law and the provisions on the Council of judges of Ukraine.

5. The Council of judges of Ukraine shall:

1) provide for taking the measures essential for independence of courts and judges, improvement of the organizational, financial, material, technical, personnel, scientific and information support of courts;

2) consider the issues on legal and social protection of judges and their families, take the decisions to this effect;

3) exercise control over the operation of courts and the state judicial administration, hear the progress reports of court chairmen and officials of the state judicial administration;

4) settle the issues on the appointment of judges to the administrative posts in courts in the manner prescribed by this Law.

5) hear the reports on the work of members of the Higher judicial board of experts of Ukraine in this Board.

6) submit the proposals pertaining to the operation of courts for consideration of the state bodies and local self-government authorities.

7) have the right to suspend the decisions made by the councils of judges that run counter to the Constitution of Ukraine and the laws in force;

8) take other decisions on the issues within the limits of its power.

6. The decisions taken by the Council of judges of Ukraine shall be binding for all judicial self-government authorities. A decision of the Council of judges of Ukraine may be canceled by a congress of judges of Ukraine.

Article 117. Support of operation of the judicial self-government authorities

The work of a congress of judges of Ukraine, the activities of the Council of judges of Ukraine, the conferences of judges and the councils of judges shall be financially backed by the state judicial administration from the State budget of Ukraine as per Section VI of this Law.

Section VI. SUPPORT OF COURTS AND OTHER ISSUES PERTAINING TO THE JUDICIAL SYSTEM

Chapter 18. GENERAL ISSUES OF SUPPORT OF COURTS

Article 118. Peculiarities of functioning of the judicial power

1.Judicial power in Ukraine functions due to a unified system composed of courts of general jurisdiction and Constitutional Court of Ukraine..

2. Organizational provisions for judicial system are vested with the State Judicial Administration established and run pursuant to this Law. Organizational provisions are understood as those referred to financing, material and technical support, human resources, information and aimed at creating the environment for law and justice to be administered freely and in full.

3. Organizational provisions for the judicial power are secured by judicial as well as other competent authorities in compliance with this and other laws.

Ukraine’s Constitutional Court implements its activities in the order stipulated by this Law, by the Law on the Constitutional Court of Ukraine and other legal acts.

Article 119. Unity of the system of support of judicial power

1. The single system shall be available in Ukraine to support the judicial power represented by the courts of general jurisdiction and the Constitutional Court of Ukraine.

2. The state body in charge of the organizational support of courts shall be the State judicial administration of Ukraine that is created and functions pursuant to this Law. According to this Law the organizational support of courts shall include the measures of financial, material, technical, personnel, informational and organizational-technical nature aimed at creation of the conditions for adequate and independent administration of justice.

3. The Ministry of Justice of Ukraine, other state executive bodies may participate in the support of operation of courts in the manner prescribed by this and other laws. The procedure of organizational support of operation of the Constitutional Court of Ukraine shall be established by this Law, the Law of Ukraine "On the Constitutional Court of Ukraine", other laws.

Article 120. Principles of funding the courts

1. All courts in Ukraine shall be financially backed from the State budget of Ukraine.

2. The functions of the main manager of the funds of the State budget of Ukraine allocated for the financial support of courts shall be performed by:

1) the Supreme Court of Ukraine, the Constitutional Court of Ukraine, the higher specialized courts – concerning the financial support of these judicial institutions;

2) the State judicial administration of Ukraine concerning the financial support of all other courts of general jurisdiction, also the financial support of the judicial boards of experts of all levels, the judicial self-government authorities and the State judicial administration of Ukraine.

3. Should Ukraine’s State Budget for any current year be not approved the courts are to be financed in compliance with the procedure stipulated in Ukraine’s Budgetary Code. (2542-14).

Article 121. The procedure of funding the courts

1. The courts of general jurisdiction shall be funded on the basis of the cost estimates and monthly lists [specifications] of the expenditures approved pursuant to this Law within the limits of a monthly amount of expenditures fixed by the State budget of Ukraine for a current fiscal year.

2. The expenditures for the maintenance of courts shall, not later than the tenth day of each month, be transferred by the State treasury of Ukraine and its local offices to the accounts of the Supreme Court of Ukraine, the higher specialized courts, other judicial institutions having the status of a legal entity, also to the accounts of territorial boards of the State for financing other courts, bodies and institutions specified by this Law.

3. Provided the State budget of Ukraine for a current fiscal year has not been adopted, the courts shall be monthly financed at the rate of one twelfth of the total amount of expenses for their maintenance allocated for the previous fiscal year pursuant to the Law of Ukraine "On the State budget of Ukraine"; this shall be done in compliance with the procedure established by Part two of this Article prior to adoption of the Law of Ukraine "On the State budget of Ukraine" for a current year.

4. In the event of violation of the term of funds transfer, fixed by Part two of this Article such funds shall be indisputably taken from the single treasury account and passed to the relevant accounts within the space of five days by a relevant financial and credit institution at which the account was opened on the basis of payment order of the account holder.

Article 122. Material and technical support of the courts

1. The material and technical support of local courts shall be provided by the state judicial administration and conducted on the basis of orders made by a relevant court within the limits of the cost estimate for the maintenance of a given court. As regards the support of military courts, the State judicial administration shall act together with relevant institutions of the Ministry of Defense of Ukraine. The members of military courts shall be entitled to all kinds of allowances as the personnel of military units and institutions of the Ministry of Defense of Ukraine.

2. The courts and other judicial institutions having the status of a legal entity shall provide for their current needs either independently or on the basis of individual orders through the State judicial administration. The expenditures essential for overhauls, reconstruction and construction of the premises for courts, also other capital expenditures shall be effected through the State judicial administration.

Article 123. Salaries, consumer services, social protection of judges and court personnel

1. The amount of salary (cash security) of judges shall be adequate for their financial independence and fixed pursuant to the law of Ukraine "On the status of judges" and other enactments concerning the conditions of remuneration of labor of judges; the said amount shall not be reduced.

2. The amount of salaries of the staffers of court apparatus and the State judicial administration, the consumer and household services rendered to them and the level of their social protection are specified by the law on the government service and other enactments. The said amount shall not be less than that of the relevant categories of civil servants engaged in the system of legislative and executive power.

3. The State judicial administration of Ukraine shall cover the expenses for burial and perpetuation of the memory of judges, including the retired judges.

Article 124. Expense account of judges

The cost estimate of the Supreme Court of Ukraine and the cost estimates of higher specialized courts shall include the cost account (expenses of representation) of judges.

Chapter 19. THE STATE JUDICIAL ADMINISTRATION

Article 125. Status of the State judicial administration

1. The State judicial administration of Ukraine is a central executive body providing for the organizational support of the courts of general jurisdiction, also other bodies and institutions of the court system pursuant to this Law. The operation of the Supreme Court of Ukraine and the Constitutional Court of Ukraine shall be provided by the apparatus of these courts.

2. The State judicial administration shall consist of the State judicial administration of Ukraine and the boards of the State judicial administration in the Autonomous Republic of Crimea, regions, the cities of Kyiv and Sevastopol (territorial boards of this administration). The territorial boards shall be subordinate to the State judicial administration of Ukraine. The structure of the State judicial administration of Ukraine shall also include the divisions for administration of military courts.

3. The officials of the state judicial administration shall have the status of civil servants.

4. The State judicial administration of Ukraine shall be a legal entity; it shall also have the seal showing the State Emblem of Ukraine and its own name, its own balance sheet and bank accounts.

Article 126. Powers of the State judicial administration

1. The State judicial administration shall:

1) provide for the proper conditions essential for operation of the courts of general jurisdiction, the judicial boards of experts, the judicial self-government authorities and the Academy of justices of Ukraine;

2) study the practical aspects of operation of courts, work out and submit the proposals on improvement of the judicial practice in accordance with the established procedure;

3) analyze the personnel issues of court apparatus, determine the number of experts, make the requests for training the specialists through the Ministry of Justice and other pertinent institutions.

4) consider the issues concerning the court apparatus staff, forecast the need for specialists, submit the requests for training the specialists through the Ministry of Justice of Ukraine and other state bodies.

5) keep the statistical and personal registration of the information about judges, prepare the materials on the assignment, election and dismissal of judges;

6) provide for the conditions essential for the improvement of skills of judges and court apparatus personnel, create the system of advanced training;

7) organize the practical training in judicial institutions and elaborate the relevant curricula;

8) provide for keeping the court statistics, office work and records; supervise the office work in the courts of general jurisdiction;

9) prepare the materials for the proposals concerning the budget of courts, provide for funding the courts pursuant to this Law;

10) perform the functions of the main manager of funds of the State budget of Ukraine in the manner prescribed by this Law;

11) provide for the material and social security of judges and the court apparatus staff, including the retired judges.

12) provide for the medical services, sanatorium-and-spa treatment of judges and the court apparatus staff, take due measures for providing them with adequate housing;

13) ensure the independence, immunity and security of judges in coordination with the judicial self-government authorities, courts and law-enforcement bodies;

14) organize and finance the construction and repair of the court buildings and premises, provide them with proper technical facilities;

15) provide the courts with computer-aided support essential for legal proceedings, office work and operation of courts; provide the courts with technical facilities for recording the court's sessions.

16) maintain contacts with relevant bodies and institutions, including those of other countries with the aim of improving the operation and support of courts;

17) organize the work of the officers of court;

18) exercise other powers specified by the Law.

2. The State judicial administration shall exercise its powers in compliance with the Constitution of Ukraine, this Law, enactments of the President of Ukraine, the Cabinet of Ministers of Ukraine, other pertinent enactments, the Regulations on the State judicial administration, enactments of the Supreme Court of Ukraine, decisions of a congress of judges of Ukraine and The Council of judges of Ukraine.

Article 127. Chairman of the State judicial administration of Ukraine

1. The State judicial administration shall be headed by the Chairman of the State judicial administration of Ukraine.

2. The Chairman of the State judicial administration of Ukraine shall be appointed to this post and dismissed from it by the President of Ukraine pursuant to the procedure, established for appointment of the heads of central executive bodies on the basis of the proposal submitted by the Prime-Minister of Ukraine in coordination with The Council of judges of Ukraine. The Chairman of the State judicial administration of Ukraine may be also removed from the post as recommended by a congress of judges of Ukraine.

3. The Chairman of the State judicial administration of Ukraine shall not be a member of other state bodies and judicial self-government authorities, also shall not engage in entrepreneurship and other activities with the exception of the teaching, scientific and other kinds of paid creative activity in his/her free time.

4. The Chairman of the State judicial administration of Ukraine shall:

1) supervise the operation of the State judicial administration of Ukraine, be responsible for the execution of tasks placed upon it;

2) organize the operation of the State judicial administration of Ukraine;

3) appoint and dismiss the employees of the State judicial administration of Ukraine pursuant to the law and the Regulations on the State judicial administration of Ukraine;

4) approve the rules on structural divisions of the State judicial administration of Ukraine, specify the duties of employees of the State judicial administration of Ukraine;

5) fix the salaries of employees of the State judicial administration of Ukraine, assign to the them the ranks of a civil servant, provide them with incentives and mete out the disciplinary punishments pursuant to the labor law;

6) submit the progress reports to the Council of judges of Ukraine;

7) participate in elaboration of the proposals to the draft State budget of Ukraine on financial backing of the court system;

8) exercise other powers under the law.

4. The Chairman of the State judicial administration of Ukraine issues the orders and instructions falling within his/her jurisdiction.

5. The Chairman of the State judicial administration shall have the deputy chairmen that are appointed and dismissed by the Chairman of the State judicial administration of Ukraine with the consent of the Council of judges of Ukraine. The duties of deputy chairmen of the State judicial administration of Ukraine shall be assigned by the Chairman of the State judicial administration of Ukraine.

Article 128. Territorial boards of the state judicial administration

1. The territorial boards of the state judicial administration shall be the territorial bodies of the State judicial administration of Ukraine.

2. The territorial boards of the State judicial administration shall be run by the manager that shall be appointed to this post and removed from it by the Head of the State judicial administration of Ukraine in coordination with the Council of judges of Ukraine.

3. The structure and manning table of a territorial board of the state judicial administration shall be approved by the Head of the State judicial administration of Ukraine following the proposal of the manager of a territorial board of the state judicial administration.

4. A territorial board of the state judicial administration shall be a legal entity, have its own seal showing the State Emblem of Ukraine with its own name, its own balance sheet and bank accounts.

5. Territorial boards of the state judicial administration shall function pursuant to the regulations on the state judicial administration that shall be approved by the decree of the President of Ukraine as submitted by the Prime Minister of Ukraine agreed with the Council of judges of Ukraine.

Chapter 20. OTHER ISSUES RELATING TO THE JUDICIAL SYSTEM OF UKRAINE

Article 130. The Academy of justices of Ukraine

1. The Academy of judges of Ukraine shall be available at the State judicial administration of Ukraine to provide the courts with skilled judges and staffers. The Academy of judges of Ukraine shall be a state institution of a higher learning to train and improve the skills of judges and court staffers.

2. The following shall be the main tasks of the Academy of judges of Ukraine:

1) Training the persons for the posts of judges having the higher law education and meeting the requirements set forth by the law for the candidates to a position of a judge;

2) Improving the skills of judges and court staffers;

3) Conducting the research into the improvement of court performance;

4) Analyzing the world experience of court performance;

5) Scientific and procedural support of operation of the courts of general jurisdiction and the Constitutional Court of Ukraine.

3. The Academy of judges of Ukraine shall function pursuant to its statute that shall be approved by the Head of the State judicial administration of Ukraine and the Chief Justice of the Supreme Court of Ukraine as agreed with the Council of judges of Ukraine.

4. The Academy of judges of Ukraine shall be a legal entity with its own seal and bank accounts.

Article 131. The court apparatus

1. Organizational support of courts operation shall be provided by the court apparatus headed by the business manager. The business manager is subordinate to the chairman of a court. The business manager shall coordinate his/her work with the relevant boards of the state judicial administration.

2. The legal status of the court apparatus staff shall be determined pursuant to the law on the government service. As far as the amount of salaries, the material, transportation, medical, sanatorium-and-spa treatment support are concerned, the court apparatus staff shall be placed on the same footing as the relevant categories of the managerial [apparatus] staff of central state executive bodies.

3. The structure and numerical composition of the apparatus of a local court, the apparatus of the courts of appeal and the Court of cassation of Ukraine shall be approved according to the established procedure as proposed by the chairman of a court within the limits of expenditures for maintenance of a given court.

4. The structure and the manning table of the apparatus of the Supreme Court of Ukraine and the apparatus of a higher specialized court shall be approved by the presidium of a relevant court as proposed by the chairman of such a court within the limits of expenditures for maintenance of a given court.

5. The boards, departments and other structural divisions may be set up in the apparatus of the Supreme Court of Ukraine and the apparatus of a higher specialized court that perform their functions pursuant to the regulations on a relevant structural division approved by the Chief Justice of the Supreme Court of Ukraine or the chairman of a relevant specialized court.

6. The court apparatus staff also includes the assistants of judges, scientific consultants and officers of court.

7. The courts shall be the legal entities; they shall have the official seal showing the State Emblem of Ukraine and their own names, their own balance sheet and bank accounts.

Article 132. Libraries of courts

1. The library shall be created at each court to provide the courts with enactments, special scientific literature and the materials of judicial practice. The library stocks include printed editions and computer database.

2. The regulations on court libraries are approved by the Chief Justice of the Supreme Court of Ukraine.

Article 133. Officers of court

1. The service of officers of court shall be available in each court. The officers of court shall provide for observance of the fixed rules in the court premises by the persons that are present in a court, also fulfillment of the orders of a court session chairman by such persons.

2. The officers of court shall be appointed to their posts and removed from them by the chairman of a relevant court.

3. The officers of court shall be provided with the uniform whose models are approved by the presidium of the Supreme Court of Ukraine.

4. The officers of court shall perform their functions pursuant to this Law, procedural legislation of Ukraine, relevant rules, also the orders of the chairman of a relevant court and judges.

5. The procedure of establishment and operation of the service of court officers shall be established by the Regulations that are approved by the Chief Justice of the Supreme Court of Ukraine in coordination with the presidium of the Supreme Court of Ukraine.

Article 134. Security and maintenance of public order in courts

1. The symbols of judicial power shall be the state symbols of Ukraine - The State Emblem of Ukraine and the State Flag of Ukraine that shall be used in courts pursuant to the law and as prescribed by Article 20 of the Constitution of Ukraine (254k/96-BP).

2. The powers of the court police and its operation are determined by the Law.

3. Guarding of the premises of military courts shall be provided by the military units of the garrison on whose territory a relevant military court is located.

Article 135. Symbols of the judicial power

1. The State Flag of Ukraine shall be hoisted on a court building. The courtrooms shall be provided with the picture of the State Emblem of Ukraine, while the courtrooms of the Supreme Court of Ukraine shall also be provided with the State Flag of Ukraine.

2. While administering justice, a judge shall wear the mantle with a breastplate of a set pattern. Specimens of the mantle and the breastplate shall be approved by the Council of judges of Ukraine as proposed by the Chief Justice of the Supreme Court of Ukraine.

Article 136. Certificates of judges, people's assessors and jurors

1. Professional judges, also people's assessors and jurors shall have the certificates of a set pattern.

2. The specimens of certificates of judges, people's assessors and jurors shall be approved by the Chief Justice of the Supreme Court of Ukraine in coordination with the Council of judges of Ukraine.

3. Certificates of the judges elected for an unlimited term shall be signed by the Chairman of the Verkhovna Rada of Ukraine. Certificates of the judges appointed to the post by the President of Ukraine shall be signed by the President of Ukraine. Certificates of the judges of general courts appointed to the post for the first time shall be signed by the Chief Justice of the Supreme Court of Ukraine; certificates of the judges of a specialized court appointed to the post for the first time shall be signed by the chairman of a relevant specialized court.

4. The certificates of people's assessors and jurors shall be signed by the chairman of the court in which people's assessors or jurors administer justice.

Section VII. FINAL AND TRANSITIONAL PROVISIONS

1. This law shall come into force and be enacted from June 1, 2002 with the exception of the provisions indicated in Item 2 of this section.

2. The provisions of this law pertaining to the organization and functions of specialized administrative courts, also the judicial self-government pertaining to the said courts shall be effected after establishing the system of administrative courts pursuant to this Law.

3. After enacting this law:

1) District in city, city and city district courts, also the military courts of garrisons shall operate as local courts of general jurisdiction and provide examination of criminal and civil cases, also the cases pertaining to administrative and legal relations falling within the jurisdiction of said courts in accordance with the procedure established by the law, prior to the enactment of the relevant procedural laws specifying the new judicial procedures pursuant to this Law;

2) The Court of Appeal of the Autonomous Republic of Crimea, the courts of regions, the cities of Kyiv and Sevastopol, the military courts of appeal in regions and the Navy Court of Appeal of Ukraine shall operate as the courts of appeal of general jurisdiction and perform their duties as regards criminal and civil cases, also the cases pertaining to administrative and legal relations falling within the jurisdiction of said courts pursuant to the laws in force, prior to enactment of the relevant procedural laws establishing the new judicial procedure pursuant to this Law;

3) Presidiums of the courts of appeal shall be created under this Law in the space of three months and perform the functions of a presidium of a court of appeal specified by this Law;

4) The Court of appeal of Ukraine shall be set up under this law in the space of six months and examine the cases of appeal falling within its jurisdiction by procedural law from the time fixed by this law.

5) The Court of Cassation of Ukraine shall be set up under this law in the space of six months and examine the cases of appeal falling within its jurisdiction by procedural law from the time fixed by this law.

6) Commercial courts of the Autonomous Republic of the Crimea, regions, the cities of Kyiv and Sevastopol, commercial courts of appeal, Supreme Court of Ukraine shall operate as local specialized courts, specialized courts of appeal, Supreme specialized court, and shall also consider the commercial cases within their jurisdiction as specified by the Commercial procedural code of Ukraine pursuant to the law;

7) Presidium and Plenum of the Supreme commercial court of Ukraine shall be set up within the space of 3 months pursuant to this Law and function as the presidium and plenum of a higher specialized court;

8) Judges of all courts of general jurisdiction shall perform the functions of a judge of a relevant court pursuant to this law prior to termination of the term for which these judges have been elected or appointed;

The judges, having been transferred to the courts of a lower level, being set up pursuant to this law shall, at the moment of transfer, have the material, social and medical support of a judge until amending the law on the status of judges.

Chairmen of all courts and their deputies (except Chief Justice of the Supreme Court of Ukraine and his/her deputies), elected or appointed to the post of Chairman of a court or a deputy of a court prior to enactment of this law, shall fulfill their functions under this Law until the term of their election or appointment expires, but not longer than 5 years.

9) The Supreme Court of Ukraine shall perform its functions under this Law.

Prior to establishment of the Court of Cassation of Ukraine the Supreme Court of Ukraine shall consider the cases, following within the jurisdiction of the Court if Cassation of Ukraine in accordance with the procedure under procedural law.

Judicial chambers of the Supreme Court of Ukraine will be set up and named under this law.

10) The presidium of the Supreme Court of Ukraine shall be established pursuant to this Law in the space of 3 months and perform the functions thereof;

11) The Plenum of the Supreme Court of Ukraine shall be established pursuant to this Law in the space of 3 months and perform the functions thereof;

12) Chief justice of the Supreme Court of Ukraine, elected to this post, prior to the enactment of this Law, shall fulfill his/her functions prior to the election of Chief Justice of the Supreme Court of Ukraine under this Law but no longer than 2 years;

13) The first deputy and deputies Chief Justice of the Supreme Court of Ukraine, elected or appointed to these posts prior to enactment of this Law shall perform their duties in compliance with this Law prior to appointment to these posts under this Law but no longer than 3 years;

14) Heads of the judicial chambers of the Supreme Court of Ukraine appointed to these posts prior to the enactment of this Law shall perform their duties under this Law until termination of the term for which they had been appointed but no longer than 3 years. Deputy heads of the judicial chambers appointed to these posts prior to the enactment of this Law shall perform their duties under this Law until termination of the term for which they had been appointed but no longer than for 5 years.

15) Each of the judicial chambers of the Supreme Court of Ukraine dealing with the matters of specialized courts shall include no more than 12 judges.

The judicial commercial chamber of the Supreme Court of Ukraine shall be set up within 3 months and within the limits of its manning table.

The judicial administrative chamber of the Supreme Court of Ukraine shall be set up within the limits of its manning table after the creation of the higher administrative court of Ukraine pursuant to this Law.

The judges that worked in the relevant courts of appeal less than 5 years may be appointed, within the space of 5 years, to the posts in the judicial chambers of the Supreme Court of Ukraine dealing with the cases of specialized jurisdiction.

16) Prior to establishment of the system of administrative courts pursuant to this law, the cases falling within the jurisdiction of administrative local courts, shall be considered by the courts of general jurisdiction, while the cases, falling within the jurisdiction of administrative courts of appeal and the Higher Administrative court of Ukraine shall be considered by the general courts of appeal and the Court of Cassation of Ukraine pursuant to procedural law. This shall be done through specialization of judges to consider the administrative cases including the establishment of judicial boards to consider such cases, prior to enactment of the procedural law to this effect in line with this Law.

The administrative courts shall be created within 3 years;

17) The list of people's assessors shall be drawn up pursuant to this Law, not longer than within 6 months, while the list of jurors shall be drawn up within a term fixed by procedural law;

18) The qualification commission of judges and the Higher qualification commission of judges of Ukraine shall perform their functions prior to establishment of these commissions pursuant to this Law but no longer than 6 months (the higher qualification commission shall do so in the period of time not exceeding 1 year);

19) The councils of judges and the Council of judges of Ukraine shall be set up and function pursuant to this Law;

20) The state judicial administration shall be set up pursuant to this Law by January 1, 2003. The courts shall function and be supported according to the existing procedure prior to the establishment of the state judicial administration.

Up to January 1, 2003 the local courts and the courts of appeal shall be financed, materially and technically supported under the law of Ukraine "On the State Budget of Ukraine for the year 2002" (2905-14).

4. The Cabinet of Ministers of Ukraine shall:

provide, by September 1, 2002 the Court of Appeal of Ukraine, the Court of Cassation of Ukraine, the State judicial administration of Ukraine and territorial boards of the State judicial administration of Ukraine with premises, transport and other essential material and technical facilities;

provide in the annual draft law on the State budget of Ukraine special funds for conducting the judicial and legal reform prior to completing the establishment of Court system pursuant to this Law, and introduction, in full scope, a new order of judicial procedure pursuant to the constitution of Ukraine (254k/96-BP);

bring, within the space of three months, after enactment of this Law its regulations in line with this Law and review the relevant resolutions;

approve the regulations on the salaries of people's assessors and jurors;

submit, within the space of three months after enactment of this Law, for consideration of Verkhovna Rada of Ukraine, the draft laws on amending the relevant laws in order to bring them in line with this law.

5. The Verkhovna Rada Committee shall, within three months after enactment of this Law, work out and submit to the Verkhovna Rada of Ukraine the draft law on amending the Law of Ukraine "On the status of judges".

6. Recognize as invalid, from the date of enactment of this Law.

The Law of Ukraine "On the judicial system" (2022-10) (news of the Verkhovna Rada of the Ukrainian Soviet Socialist Republic, 1981, Annex 2, #24, Article 357; news of the Verkhovna Rada of Ukraine, 1992, #35, Article 508; 1994, #26, Article 204; 1999, #4, Article 35; 2000, #50, page 436; 2001, #9, page 38, #40, page 191);

The Law of Ukraine "On commercial courts" (1142-12) (news of the Verkhovna Rada of the Ukrainian Soviet Socialist Republic, 1991, #36, page 469; news of the Verkhovna Rada of Ukraine 1992, #32, page 455, #48, Article 661; 1993, #33, Article348; 1997, #18, Article 124; 2001, #40, article 194), except for Article 8 of the Section II "Final and transitional provisions".

The Law of Ukraine on the qualification commissions, qualification certification and disciplinary liability of judges of the courts of Ukraine (3911-12) (news of the Verkhovna Rada of Ukraine 1994, #22, Article 138; 2001, #40, page 1192);

The Law of Ukraine "On the institutions of judicial self-government" (3909-12) ((news of the Verkhovna Rada of Ukraine, 1994, #22, Article 138; 2001, #33, Article 181)

President of Ukraine

L. Kuchma

City of Kyiv, February 7, 2002

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