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The document ceased to be valid since January 5, 2017 according to Item 2 of the Section III of the Law of Ukraine of  December 21, 2016 No. 1798-VIII

LAW OF UKRAINE

of January 15, 1998 No. 22/98-BP

About the Supreme council of justice

(as amended on 21-05-2015)

Section I. General provisions

Article 1. Status of the Supreme council of justice

Part one is excluded according to the Law of Ukraine of 12.02.2015 No. 192-VIII

The supreme council of justice is the collegiate, permanent, independent organ responsible for forming of the independent highly professional judicial case capable competently, honesty and impartially to perform justice on professional basis, and also for decision making about violations by judges and prosecutors of requirements concerning incompatibility and within the competence about their disciplinary responsibility.

Members of the High Council of Justice, except those which are its part on position are appointed for a period of four years and can be appointed only to one term.

Article 2. Normative legal principles of activities of the Supreme council of justice

Powers, the organization and procedure for activities of the Supreme council of justice are determined by the Constitution of Ukraine and this Law.

The supreme council of justice approves regulations of the Supreme council of justice which provisions regulate points of order of implementation by it provided by the Constitution of Ukraine and this Law of powers.

Article 3. Powers of the Supreme council of justice

The supreme council of justice:

1) brings representation to the President of Ukraine about appointment of judges to positions or about release them from positions;

1-1)  No. 769-VII is excluded according to the Law of Ukraine of 23.02.2014

2) considers cases and makes decisions on violation by judges and prosecutors of requirements concerning incompatibility;

3) is performed by disciplinary production concerning judges of the Supreme Court of Ukraine and judges of the supreme specialized courts;

4) considers claims to decisions on attraction (and about refusal in attraction) to disciplinary responsibility of judges of Appeal and local courts, and also prosecutors.

The part two is excluded according to the Law of Ukraine of 12.02.2015 No. 192-VIII

Article 4. Symbols and location of the Supreme council of justice

The supreme council of justice has seal with the image of the State Emblem of Ukraine and the name and emblem of the Supreme council of justice which affirms its decision. The integral attributes of assembly hall of the Supreme council of justice are the State Emblem of Ukraine and National Flag of Ukraine. The supreme council of justice is in the city of Kiev.

Article 5. Structure of the Supreme council of justice

According to the Constitution of Ukraine the Supreme council of justice consists of twenty members. The Verkhovna Rada of Ukraine, the President of Ukraine, the congress of judges of Ukraine, congress of lawyers of Ukraine, congress of representatives of legal higher educational institutions and scientific institutions appoint in the Supreme council of justice three members, All-Ukrainian conference of prosecutors - two members of the High Council of Justice.

The Chairman of the Supreme Court of Ukraine, the Minister of Justice of Ukraine, the Attorney-General of Ukraine are part of the Supreme council of justice on position.

Article 6. Requirements to members of the High Council of Justice and to guarantee of their activities

The citizen of Ukraine can be recommended for position of the member of the High Council of Justice, at least fifteen years are not younger than thirty five years, the higher legal education and the length of service living in Ukraine at least ten last years, knowing state language, having in the field of the right, is acknowledged specialist in the field of the right and has faultless professional reputation.

If according to this Law the judge shall be appointed to position of the member of the High Council of Justice, it is appointed from among the judges elected to judgeship is termless which have at least fifteen years of length of service the judge or judges in resignation.

Requirements of parts one and the second this Article do not extend to persons who are part of the Supreme council of justice on position.

Members of the High Council of Justice, except those which are its part on position perform the powers on permanent basis. For the period of accomplishment of these powers of the member of the High Council of Justice from among judges and prosecutors go to the Supreme council of justice with preserving behind them positions which they held at the time of appointment as members of the High Council of Justice. The official pay rate of the member of the High Council of Justice is established in the amount of remuneration of the judge of the Supreme Court of Ukraine.

Requirements and the restrictions set by the legislation in the sphere of prevention of corruption extend to members of the High Council of Justice.

Members of the High Council of Justice in the activities and beyond its limits shall adhere to the ethical standards established for the judge.

Members of the High Council of Justice have no right to combine the position with any positions in public authorities and local government bodies (except persons which are part of the Supreme council of justice on position), with the status of the People's Deputy of Ukraine, the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, regional, district, city, district in the city, village, settlement council, business activity, with any other paid work or to earn reward (except implementation of teaching, scientific and creative activities in time off and receipts of remuneration for it), and also to be part of governing body or supervisory board of the legal entity which aims at profit earning. Persons who are shareholders or have other corporate laws have other valuable interest in activities of any legal entity aiming at profit earning shall transfer such shares (corporate laws) to the control to the impartial third party for the period of stay to positions of the member of the High Council of Justice. Members of the High Council of Justice can draw interest, dividends and other passive incomes from property which owners they are.

Influence on members of the High Council of Justice is in any manner forbidden.

Article 6-1. The principles of candidate screen for appointment as members of the High Council of Justice

Candidate screen for appointment as members of the High Council of Justice is performed according to the procedure, provided by this Law, on the basis of the principles of supremacy of law, publicity and publicity, political neutrality.

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