of February 22, 2018 No. 1-ps/2018
About Regulations of the Constitutional Court of Ukraine
Constitutional court of Ukraine as a part of judges:
Shevchuk Stanislav Vladimirovich - the chairman, Gorodovenko Victor Valentinovich, Gultaya Mikhail Miroslavovich, Zaporozhets Mikhail Petrovich, Kasminin Alexander Vladimirovich, Kolesnik Victor Pavlovich, Krivenko Victor Vasilyevich, Litvinov Alexander Nikolaevich, Melnik Nikolay Ivanovich, Moysik Vladimir Romanovich, Sergey Vladimirovich, Tupitsky Alexander Nikolaevich, Shaptala Natalya Konstantinovna's Sasa,
having heard at special plenary meeting of the Constitutional Court of Ukraine information of the Chairman of the Constitutional Court of Ukraine Shevchuk S. V. on Regulations of the Constitutional Court of Ukraine, according to Articles 3, of 39, of 83, 96 Laws of Ukraine "About the Constitutional Court of Ukraine"
decided:
1. Accept Regulations of the Constitutional Court of Ukraine it (is applied).
2. Declare invalid the Regulations of the Constitutional Court of Ukraine approved by the Solution of the Constitutional Court of Ukraine of March 5, 1997 No. 2-s with changes.
Constitutional court of Ukraine
No. 1-ps/2018 is accepted at special plenary meeting of the Constitutional Court of Ukraine by the Resolution of the Constitutional Court of Ukraine of February 22, 2018
The reducings applied in Regulations of the Constitutional Court of Ukraine:
Big chamber of the Constitutional Court of Ukraine - Big chamber;
The chairman of the Constitutional Court of Ukraine is the Chairman of justices;
The law of Ukraine "About the Constitutional Court of Ukraine" - the Law;
the bodies which are attracted to participate the Constitutional Court of Ukraine in consideration of the case and officials, witnesses, experts, specialists, translators and other persons whose participation is necessary for ensuring objective and complete examination of case - the attracted participants of the constitutional production;
the vice-chairman of the Constitutional Court of Ukraine - the vice-chairman of Court;
Board of judges of the Constitutional Court of Ukraine - Board;
the constitutional representation, the constitutional address, the constitutional claim - appeal to the court;
Constitutional court of Ukraine - the Constitutional Court or Court;
official website of the Constitutional Court of Ukraine - Website;
Regulations of the Constitutional Court of Ukraine - Regulations;
The secretariat of the Constitutional Court of Ukraine - the Secretariat;
The senate of the Constitutional Court of Ukraine - the Senate;
the person of law on the constitutional representation, the constitutional address, the constitutional claim (the authorized person operating from his name) and body or the official who adopted the act which is consideration subject in Court - the participant of the constitutional production;
the judge of the Constitutional Court of Ukraine is the Judge.
1. The judge takes the oath at the special plenary session of Court which takes place no later than the fifth working day from the date of appointment of the Judge to position.
2. The ceremony of bringing by the Judge of the oath takes place in the Courtroom in the presence of judges of the Constitutional Court. The requirement of the first offer of part three of article 39 of the Law on polnomochnost of special plenary session of Court does not extend to the special plenary session of Court at which the new appointed judges of the Constitutional Court take the oath.
3. The President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Chairman of the Supreme Court are invited to ceremony of bringing by the Judge of the oath.
At ceremony of bringing by the Judge of the oath there can be judges of the Constitutional Court at resignation, representatives of public authorities, local government bodies, mass media.
4. The next working day after day of appointment of the judge to position of the chairman of justices, and in case of its absence - the vice-chairman of Court or the judge who fulfills the Chairman's duties sends the invitation to persons specified in Item 3 of this paragraph.
5. The ceremony of bringing by the Judge of the oath begins execution of the National Anthem of Ukraine.
6. The chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices, invites the new appointed Judge (judges of the Constitutional Court) to adoption of the oath.
7. Each Judge who takes the oath, personally, standing behind tribune, reads the text of the oath determined by part one of article 17 of the Law.
8. The judge signs the text of the oath with indication of date of its acceptance.
The text of the oath signed by the Judge is stored in its personal record. Record about adoption of the oath by the Judge is made in its service record.
1. The certificate of the judge and Judge in resignation books of 186 x 65 mm in size have the form.
2. The outer side of the certificate is made of skin of claret color.
On the right side of outer side of the certificate of the Judge on the center - stamping golden foil capital letters: "The CONSTITUTIONAL COURT of UKRAINE".
On the right side of outer side of the certificate of the Judge in resignation on the center - stamping golden foil capital letters: "CERTIFICATE".
3. The inside of the certificate is made of solid paper and has the form of two rectangles of 85 x 60 mm in size.
Firm paper has yellow-blue color which flows from top to down from blue to yellow, and background grid with the microtext: "Constitutional court of Ukraine".
4. On the right part of inside of the certificate on the center surname, the name and middle name in the Nominative case, below - the corresponding text "the CHAIRMAN of the CONSTITUTIONAL COURT of UKRAINE", "the VICE-CHAIRMAN of the CONSTITUTIONAL COURT of UKRAINE", "the JUDGE of the CONSTITUTIONAL COURT of UKRAINE", "the JUDGE of the CONSTITUTIONAL COURT of UKRAINE IN RESIGNATION" are above entered. In the left bottom corner of the certificate it is specified to sign position of person, representative it, and in right - surname and initials of this person. The signature of such person is certified by impress of a seal.
Under the job title of person signing the certificate number of this certificate and date of its signing is placed.
5. On the left part of inside of the certificate of the Judge, Judge contain in resignation:
on the right from above - the color photo of the Judge or Judge in resignation executed on light background, 30 x 40 mm in size, under seal on the bottom left edge;
at the left from above - the small State Emblem of Ukraine;
at the left from below - number of the certificate, term of its action (on the certificate of the Judge in resignation the term of its action is not specified).
6. Samples of certificates of the Chairman of justices, vice-chairman of Court, the Judge, Judge in resignation are applied to Regulations, are its integral part.
1. The cloak of the Judge is made of fabric of cherry color.
Cloak silhouette - trapezoid, collar - "rack".
Sleeves - sewed with wide cuffs.
Length of cloak shall be such that the distance from floor to bottom edge of cloak made 19 centimeters.
Cloak details (breed, fabrics) are determined by the court order.
2. The breastplate of the Judge has the form of circle with a diameter of 70 mm in which center the Ancient Greek goddess of justice and justice Themis with the eyes which are tied with a scarf by tape as symbol of impartiality of Court with scales in hands is represented.
On circle of the breastplate of the Judge oak leaves - the dreena of the Ukrainian symbol of force of the Ukrainian people are placed. In the upper part of the breastplate of the Judge - the small State Emblem of Ukraine. In the lower part of the breastplate of the Judge on the developed tape - the words "Constitutional Court of Ukraine" and year of its creation. On reverse side of the breastplate of the Judge the surname and initials of the Judge and date of its introduction in position vygravirovyvatsya.
The breastplate of the Judge is made of silver with use of blue hot enamel and gilding.
The breastplate of the Judge rushes over cloak on chain.
1. Powers of the Judge stop in case of the expiration of its powers. Last afternoon of powers of the Judge day in which nine years from the date of bringing by the Judge of the oath are performed is.
2. The chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices publishes the order about the termination of employment relationships with the Judge in the last day of powers of the Judge.
3. The chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices notifies body which appointed the Judge, about need of carrying out tender for selection of candidates for judgeship not later than four months about day of the expiration of powers of the Judge.
1. Powers of the Judge stop from the next day after achievement of seventy years by him.
2. The chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices publishes the order about the termination of employment relationships with the Judge in the last day of powers of the Judge.
3. The chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices notifies body which appointed the Judge, about need of carrying out tender for selection of candidates for judgeship not later than four months about day of achievement of continuance in office by the age Judge of limit.
1. Powers of the Judge stop in case of the termination of citizenship of Ukraine or acquisition of nationality of other state by it as it is established according to the procedure, determined by the law.
2. After receipt of the documents confirming the fact of the termination by the Judge of citizenship of Ukraine or acquisition of nationality of other state by it, the Chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices publishes the order about the termination of employment relationships with the Judge in connection with the termination of powers of the Judge.
1. Powers of the Judge stop based on the judgment about recognition of the Judge is unknown absent or announcements the dead, recognitions or is limited by incapacitated capable from the date of the introduction in legal force.
2. After receipt of the copy of the judgment about recognition of the Judge it is unknown absent or the announcement the dead, recognitions by incapacitated or it is limited capable, taken legal effect, the Chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices, publishes the order about the termination of employment relationships with the Judge in connection with the termination of powers of the Judge.
The copy of the judgment about recognition of the Judge it is unknown absent or the announcement the dead, recognition by incapacitated or it is limited by capable it shall be certified in accordance with the established procedure by court which accepted it.
1. Powers of the Judge stop based on conviction concerning it for making of crime by it from the date of the introduction of such sentence in legal force.
2. After receipt of the copy of the conviction which took legal effect, the Chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices publishes the order about the termination of employment relationships with the Judge in connection with the termination of powers of the Judge.
The copy of conviction shall be certified in accordance with the established procedure by court which accepted it.
1. Powers of the Judge stop in day of his death.
2. After receipt of the copy of the document confirming the fact of death of the Judge, the Chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices publishes the order about the termination of employment relationships with the Judge in connection with the termination of powers of the Judge.
The copy of the document confirming the fact of death of the Judge shall be attested in the procedure established by the law.
3. The court takes part in the organization of burial of the Judge, Judge in resignation according to the procedure, approved by the court order.
1. If the Judge for health reasons does not perform the powers within four months and more, the Chairman of justices, and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices, addresses to the central executive body which provides forming and realizes state policy in health sector, with the petition for creation of medical commission and provision by her in a month the medical certificate about capability of the Judge to perform the powers.
2. No later than the seventh working day from the date of receipt of the medical certificate to which inability of the Judge to perform the powers for health reasons, the Chairman of justices is confirmed and in case of its absence - the vice-chairman of Court or the Judge who fulfills duties of the Chairman of justices convenes the special plenary session of Court for consideration of question of dismissal of the Judge from position based on Item of 1 part two of article 149-1-of the Constitution of Ukraine.
3. The judge concerning whom the medical commission drew the conclusion on court session has the right to offer explanations on the specified question, and in case of impossibility to be present at court session has the right to provide them in writing.
4. Having considered the medical certificate and having recognized that the Judge is not capable to perform the powers for health reasons, the Court accepts at least two thirds of its constitutional structure the decision on dismissal of the Judge from position.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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