RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of January 23, 1998 No. 2

About approval of Temporary regulations of the Plenum of the Supreme Court of Ukraine

According to Art. 130 of the Constitution of Ukraine the solution of questions of internal activity of the courts is carried to competence of bodies of judicial self-government.

Article 128 of the Constitution of Ukraine determines the principle according to which election of judges on managerial positions in the Supreme Court of Ukraine and their release from these positions is performed by the Plenum of the Supreme Court of Ukraine.

The judicial council of Ukraine made the decision on need of election on managerial positions and releases from these positions as the Plenum of the Supreme Court of Ukraine also of judges of the Supreme Court of the Autonomous Republic of Crimea, the regional and equated to them courts, and also on transfer of judges from one court in another and on determination quantitative and staff of presidiums of the relevant courts.

Approve Temporary regulations of the Plenum of the Supreme Court of Ukraine which text is attached.

Approved by the resolution of the Plenum of the Supreme Court of Ukraine of January 23, 1998, No. 2

Temporary regulations of the Plenum of the Supreme Court of Ukraine

Chapter I. General provisions

Paragraph 1. Legal basis of activities of the Plenum of the Supreme Court of Ukraine

The procedure for activities of the Plenum of the Supreme Court of Ukraine (further the Plenum) is determined by the Constitution of Ukraine, the Law of Ukraine "About judicial system of Ukraine", Procedure Codes, other legal acts and Temporary regulations of the Plenum.

Paragraph 2. Purpose of Temporary regulations of the Plenum

The temporary regulations of the Plenum determine procedure for convocation of the Plenum, holding its meetings, solutions of questions which belong to powers of the Plenum according to the current legislation, and also single questions of internal activities of the Supreme Court of Ukraine and other courts of law.

Paragraph 3. Issues which are resolved by the Plenum

1. Plenum at the meetings:

1) considers legal cases in the cases provided by the procedural legislation - according to the procedure of supervision and in connection with the new revealed circumstances;

2) considers materials of generalization of court practice and legal statistics; makes the leading explanations to general courts in questions of application of the legislation; hears messages of chairmen of the Supreme Court of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city courts, public vessels of regions and Naval forces on practice of application by courts of the legislation;

3) appeals to the Constitutional Court of Ukraine with the constitutional representation concerning constitutionality of the laws and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea;

4) appeals to the Constitutional Court of Ukraine with the constitutional representation of rather official interpretation of the Constitution of Ukraine and the laws of Ukraine in case of origin at judges of courts of law of need of such interpretation;

Brings 5) in the Verkhovna Rada of Ukraine in cases, stipulated in Article 110 Constitutions of Ukraine, idea of impossibility of accomplishment by the President of Ukraine of the powers for health reasons;

6) draws the conclusion in the case provided by part 6 of article 111 of the Constitution of Ukraine;

7) is considered by idea of the Chairman of the Supreme Court of Ukraine of discrepancy of the leading Plenum explanations to the legislation of Ukraine;

8) chooses and exempts from position of the Chairman of the Supreme Court of Ukraine;

9) establishes the quantitative list of vice-chairmen of the Supreme Court of Ukraine, deputy chairmen of judicial boards and presidium of this court;

Chooses 10) from among judges of the Supreme Court of Ukraine and exempts from position of the first deputy and vice-chairmen of the Supreme Court of Ukraine, chairmen of judicial boards, their deputies, the secretary Plenum and members of presidium of this court;

11) is approved by structure of judicial boards, Scientific and advisory council under the Supreme Court of Ukraine, editorial council and the editor-in-chief of the magazine "In? drooped Supreme to Ukra¾ni's Court";

12) hears messages of the Chairman of the Supreme Court of Ukraine on work of presidium of this court and on accomplishment of other administrative powers conferred to it; reports of chairmen of judicial boards of the Supreme Court of Ukraine on activities of boards; messages of the editor-in-chief of the magazine "In? drooped Supreme to Ukra¾ni's Court" about work of editorial council;

Elects 13) to managerial positions and exempts from these positions of chairmen of the Supreme Court of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city courts, interregional court, public vessels of regions, Naval forces, garrisons and deputy chairmen of these courts;

14) makes transfer of professional judges at will in courts of one level or from courts of higher level in courts of lower level;

15) is approved quantitative also by staff of presidiums of the Supreme Court of the Autonomous Republic of Crimea, regional, Kiev And Sevastopol city courts;

16) performs other powers conferred by the law.

Paragraph 4. Structure and competences of the Plenum

1. The plenum is effective as a part of judges of the Supreme Court of Ukraine.

2. Meetings of the Plenum are competent in the presence at least than two thirds of its structure.

3. The Attorney-General of Ukraine or his deputy participates in work of the Plenum by consideration of legal cases, and also questions of giving to courts of the leading explanations concerning application of the legislation in case of the solution of legal cases.

4. According to the existing procedural legislation can be invited to meeting of the Plenum and participate in consideration of legal cases participants of process.

5. The Minister of Justice, judges of courts of law, members of Scientific and advisory council under the Supreme Court of Ukraine, representatives of the ministries, departments and other state bodies, scientific institutions, public organizations can participate in the meetings of the Plenum which are not connected with consideration of legal cases.

6. At meetings of the Plenum there can be representatives of mass media.

Paragraph 5. Language in which Plenum meetings are held

1. Meetings of the Plenum are held in Ukrainian.

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