Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of December 9, 2023 No. 3511-IX

About introduction of amendments to the Law of Ukraine "About judicial system and the status of judges" and some legal acts of Ukraine concerning enhancement of procedures of judicial career

The Verkhovna Rada of Ukraine decides:

I. Introduce in the Law of Ukraine "About judicial system and the status of judges" (Sheets of the Verkhovna Rada of Ukraine, 2016, No. 31, Art. 545 with the following changes) the following changes:

1. The ninth Article 56 to state part in the following edition:

"9. The judge before dismissal from position or the termination of its powers can be awarded by the state awards only for the personal courage shown by it and heroism in the conditions connected with risk for life for the actions connected with participation and/or assistance to defense of Ukraine, protection of its territorial integrity and immunity, and also any other awards, distinctions, letters which are not connected with justice implementation".

2. The paragraph one of part one of Article 57 to state in the following edition:

"1. Person appointed to judgeship takes the oath to the judge of the following content".

3. In part one of Article 61 and part one of Article to replace the 62nd figure and the word "February 1" with figure and the word "May 1".

4. State the Section IV in the following edition:

"Section IV. PROCEDURE for HOLDING THE POST of the JUDGE

Chapter 1. Candidate for judgeship

Article 69. Requirements to candidates for judgeship

1. The citizen of Ukraine can be appointed to judgeship, not younger to thirty and not the senior of sixty five years having the higher legal education and years of service of professional activity in the field of the right at least five years is competent, virtuous and knows state language according to the level determined by the National commission on standards of state language.

2. Cannot be appointed the judge the citizen who:

1) recognized as court it is limited capable or incapacitated;

2) has the chronic mental or other diseases interfering accomplishment of functions on justice implementation;

3) has not removed or unspent conviction.

3. Person to whom under the law the prohibition is applied cannot apply for judgeship to hold the corresponding position.

4. Person holding position of the high councilor of justice, the member of the Highest qualification commission of judges of Ukraine during stay time on the corresponding position and within one year after dismissal or the termination of powers cannot apply for judgeship.

5. Person who was dismissed from judgeship for making of essential minor offense, gross or systematic neglect obligations cannot apply for judgeship that is incompatible with the status of the judge or revealed its discrepancy of post, violation of requirements concerning incompatibility, violation of obligation to confirm legality of source of origin of property or in connection with the introduction of legal force conviction against such person, except recognition cases judicially illegal decisions on dismissal on the specified bases or cancellation of conviction of court.

6. Person who was dismissed from judgeship by results of qualification estimation cannot apply for judgeship.

7. For the purposes of this Law it is considered:

1) the higher legal education - the higher legal education of degree of the master (or the education equated the higher to it on educational qualification level of the specialist) got in Ukraine and also the higher legal education of the corresponding degree got in foreign states and recognized in Ukraine in the procedure established by the law;

2) years of service of professional activity in the field of the right years of service of professional activity of person in the specialty after receipt of the higher legal education by it;

3) scientific degree - the scientific degree in the field of the right received in institution of the higher education (university, academy or institute, except the highest military educational institutions) or scientific institution of Ukraine or in similar institution of the higher education or scientific institution of foreign state. The scientific degree received in institution of higher education or scientific institution of foreign state shall be acknowledged in Ukraine in the procedure established by the legislation;

4) years of service of scientific work - years of service of professional activity in the field of the right on positions of scientific (scientific and pedagogical) workers in institution of the higher education (university, academy or institute, except the highest military educational institutions) or scientific institution of Ukraine or in similar institution of the higher education or scientific institution of foreign state, on positions of workers of the office of court (the chief specialist, the scientific consultant, the head of the structural unit) which job responsibilities provide only implementation of scientific and analytical activities in courts of Ukraine (the analysis of drafts of legal acts, systematization of court practice, its generalization, provision of the analytical help to judges concerning law enforcement), on condition of availability of academic degree, on positions of scientific teachers of National school of judges of Ukraine, on condition of availability of academic degree, and also training time in postgraduate study or doctoral studies on day (internal) form of education of graduates of postgraduate study, doctoral studies, on condition of public defense of a thesis.

8. The candidate for judgeship corresponds to criterion of competence if it has knowledge in the field of the right and is able to apply them, has skills of the legal letter and legal argumentation, cognitive capabilities.

9. The candidate for judgeship corresponds to criterion of respectability if there are no reasonable doubts in its independence, honesty, impartiality, integrity, conscientiousness, in respect of ethical standards by it, in his irreproachable conduct in professional activity and private life, and also concerning legality of sources of origin of its property, compliance of level of living of the candidate for judgeship or members of his family to the declared income, compliance of conduct of life of the candidate for judgeship to its previous status.

Chapter 2. Selection on judgeship of local court

Article 70. Procedure for selection on judgeship of local court

1. Selection on judgeship of local court (further - selection on judgeship) is performed according to the procedure, determined by this Law, and includes the following stages:

1) the announcement of selection on judgeship;

2) representation by persons who expressed intention to become the judge, the statement and documents for participation in selection on judgeship;

3) the admission to participation in selection on judgeship;

4) passing qualification examination;

5) conducting the special check provided by this Law;

6) conducting check of personal moral and psychological qualities of candidates for judgeship (in case of determination of judges of Ukraine by the Highest qualification commission of such need);

7) approval of rating of candidates for judgeship;

8) transfer of candidates for judgeship for reserve on occupation of vacant positions of judges.

2. The highest qualification commission of judges of Ukraine provides transparency and openness of selection on judgeship.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info