Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

The document ceased to be valid since  September 30, 2016 according to the Law of Ukraine of  June 2, 2016 No. 1402-VIII, except the provisions specified in Items 7, of 23, of 25, 36 Sections X ІІ the Law of Ukraine of  June 2, 2016 to No. 1402-VIII

LAW OF UKRAINE

of July 7, 2010 No. 2453-VI

About judicial system and the status of judges

(as amended on 10-12-2015)

This Law determines the organization of judicial authority and implementation of justice in Ukraine, functioning on the principles of supremacy of law according to the European standards and provides the right of everyone to fair trial.

Section I. Bases of the organization of judicial authority

Article 1. Judicial authority

1. Judicial authority in Ukraine according to the constitutional principles of separation of the authorities is performed by the independent and just trials created according to the law.

2. Judicial authority is realized by professional judges and, in the cases determined by the law, jurymen and jurors by implementation of justice within the corresponding judicial processes.

3. Legal proceedings are performed by the Constitutional Court of Ukraine and courts of law.

Article 2. Tasks of court

1. Court, performing justice on the principles of supremacy of law, provides everyone the right to fair trial and respect for others of the rights and freedoms guaranteed by the Constitution and the laws of Ukraine, and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 3. Judicial system of Ukraine

1. Courts of law form single system. The constitutional court of Ukraine is the single body of the constitutional jurisdiction in Ukraine.

2. Creation of emergency and special courts is not allowed.

3. The procedure for the organization, activities of the Constitutional Court of Ukraine and the status of the judge of the Constitutional Court of Ukraine are established by the Constitution of Ukraine and the Law of Ukraine "About the Constitutional Court of Ukraine".

4. The court as state body has seal with the image of the State Emblem of Ukraine and the name.

Article 4. Legislation on judicial system and status of judges

1. The judicial system and the status of judges in Ukraine are determined by the Constitution of Ukraine, this Law and other laws of Ukraine.

Article 5. Justice implementation

1. Justice in Ukraine is performed only by courts. Delegation of functions of courts, and also assignment of these functions by other bodies or officials is not allowed.

2. Persons who appropriated functions of court bear the responsibility established by the law.

3. The people take part in implementation of justice through jurymen and jurors.

Article 6. Independence of the courts

1. Performing justice, courts are independent of any illegal influence. Courts perform justice on the basis of the Constitution and the laws of Ukraine and on the basis of supremacy of law.

2. Appeal to the court of citizens, the organizations or officials who according to the law are not participants of legal procedure concerning consideration of specific cases by court are not considered if other is not provided by the law.

3. Intervention in justice implementation, influence on court or judges in any manner, disrespect for court or judges, collection, storage, use and distribution of information orally, in writing or otherwise for the purpose of influence on impartiality of court is forbidden and involves the responsibility established by the law.

4. For the solution of questions of internal activity of the courts according to this Law judicial self-government is effective.

Article 7. Right to fair trial

1. Protection of its rights, freedoms and interests in reasonable time by the independent, just and fair trial created according to the law is guaranteed to everyone.

2. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal basis with citizens and legal entities of Ukraine.

3. The judicial system provides availability of justice to each person according to the Constitution and according to the procedure, established by the laws of Ukraine.

Article 8. Right to authorized court

1. Nobody can be deprived of the right to consideration of its case in court to which cognizance it is carried by the procedural law.

2. The judge considers the cases received according to the procedure for distribution of legal cases established according to the law. Desire of the judge or any other persons cannot influence distribution of legal cases between judges.

Article 9. Equality before the law and court

1. Justice in Ukraine is performed on the basis of equality of all participants of legal procedure before the law and court irrespective of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property condition, residence, language and other signs.

2. The court creates such conditions under which equality in realization of the granted procedural law and in accomplishment of the procedural obligations provided by the procedural law is guaranteed to each participant of legal procedure.

Article 10. Legal assistance in case of realization of the right to fair trial

1. Everyone has the right to legal assistance. In the cases determined by the law, this help is provided free of charge.

2. Everyone is free in the choice of the defender of the rights. The procedure and conditions of provision of legal assistance are determined by the law.

3. For ensuring right of defense from accusation and provision of legal assistance in case of the solution of cases in courts in Ukraine the legal profession is effective.

4. Expenses on legal assistance of participants of legal procedure are refunded according to the procedure and the size, determined by the law.

Article 11. Publicity and openness of legal procedure

1. Judicial the decision, judicial sessions and information on cases which are considered by court are open, except as specified, established by the law. Nobody can be limited in the right in court of oral or written information on results of consideration of its legal case. Any person has the right to open entry to the judgment according to the procedure, established by the law.

2. Information on court which considers case, the parties of dispute and subject of action, receipt date of the action for declaration, appeal, the writ of appeal, the statement for review of the judgment, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court in another is open and is subject to immediate promulgation on the official website of judicial authority of Ukraine, except the cases established by the law.

3. Hearing of cases happens in courts openly, except the cases established by the law. In proceeding in open court have the right to be present any persons. In case of committing by person of the actions testimonial of disrespect for court or participants of legal procedure, such person on the motivated judgment it can be removed from courtroom.

The participants of legal procedure, other persons which are present at courtroom representatives of mass media can carry out in courtroom photographing, video and audio recording with use of portable videos and audiotechnical means without receipt of the separate leave of court, but taking into account the restrictions established by the law. Broadcast of judicial session is performed from the leave of court. Carrying out in courtroom of photographing, video, and also broadcast of judicial session shall be performed without creation of hindrances under the authority of meeting and implementation by participants of legal procedure of their procedural law.

4. Consideration of the case in the closed judicial session is allowed on the motivated judgment only in the cases provided by the law.

5. By hearing of cases the course of legal procedure is fixed by technical means according to the procedure, established by the law.

6. Opportunity to take part in judicial session in the video conference mode according to the procedure established by the law is provided to participants of legal procedure based on the judgment. Obligation provide carrying out video conference it is assigned to court which received the judgment on carrying out video conference, irrespective of specialization and instance of the court which made such decision.

7. Judicial sessions are held only in the court house which is specially equipped for this purpose - assembly hall which is suitable for placement of the parties and other participants of legal procedure and allows to exercise the procedural law granted to them and to fulfill the procedural duties provided by the law.


 

Article 12. Language of legal proceedings and clerical work in courts

1. Legal proceedings and clerical work in courts of Ukraine are performed in state language.

2. Courts provide equal rights of citizens in legal procedure on language sign.

3. Courts use state language in the course of legal proceedings and guarantee the right of citizens to use by them in legal procedure of the native language or language which they know.

Article 13. Obligation of judgments

1. The judgment with which consideration of the case in court comes to an end is accepted by name of Ukraine.

2. The judgments which took legal effect are obligatory to execution by all public authorities, local government bodies, their official and officials, physical persons and legal entities and their associations in all territory of Ukraine. Obligation of accounting (pre-judiction) of judgments for other courts is determined by the law.

3. Failure to carry out of judgments attracts the legal responsibility established by the law.

4. The conclusions on application of rules of law stated in resolutions of the Supreme Court of Ukraine are obligatory for all subjects of powers of authority which apply the regulatory legal act containing the corresponding norm of the right in the activities.

5. The conclusions on application of rules of law stated in resolutions of the Supreme Court of Ukraine are considered by other courts of law in case of application of such rules of law. The court has the right to depart from the legal line item stated in conclusions of the Supreme Court of Ukraine with simultaneous targeting of the corresponding motives.

6. Judgments of other states, solutions of international arbitrations, decisions of the international legal agencies and similar decisions of other international organizations for the dispute resolution are obligatory to execution in the territory of Ukraine in the conditions determined by the law and also according to international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 14. Right to appeal of the judgment

1. Participants of legal procedure and other persons in the cases and procedure established by the law have the right to appeal and cassation appeal of the judgment, and also to reconsideration of the case by the Supreme Court of Ukraine.

Article 15. Structure of court and its determination

1. Cases in courts are considered by the judge solely, and in the cases determined by the procedural law - board of judges, and also with participation of jurymen and jurors.

2. The judge considering case solely acts as court.

3. In courts of law the automated system of document flow of court functions.

4. Determination of the judge or board of judges for consideration of specific case is performed by the automated system of document flow of court in case of registration of the relevant documents, and also in other cases of determination of court at any stage of legal procedure, by the principle of accident and in chronological procedure for receipt of cases.

Cases are distributed taking into account specialization of judges, load of each judge, prohibition to participate in review of decisions for the judge who took part in adoption of the judgment about which review the question is put, stay of judges in leave, on the sick-list, in business trip, the end of term of office of the judge, and also in other cases provided by the law in which the judge cannot perform justice or participate in consideration of legal cases.

5. In case of consideration of the case with participation of jurors and jurymen their members are determined by means of the automated system.

6. The legal cases which arrived are not distributed to the specific judge:

1) in two months prior to the expiration of powers of the judge;

2) in fourteen days if other is not established by meeting of judges of the relevant court, prior to leave (if its duration constitutes at least fourteen calendar days);

3) in three working days prior to leave if its duration constitutes less than fourteen calendar days;

4) during leave of the judge;

5) in one working day prior to business trip (in three working days - if duration of business trip constitutes more than seven calendar days) and in days of stay of the judge in business trip;

6) in case of temporary disability of the judge;

7) during the judge's business trip;

8) in other cases provided by the law in which the judge cannot perform justice or participate in consideration of legal cases.

7. Unresolved legal cases according to the motivated order of the chief of staff of court who is applied to case papers, are transferred for the repeated automated distribution only in case the judge (judges) in the cases provided by the law cannot continue consideration of the case. If the court considered case jointly, then repeated the automated distribution happens for determination of the judge (judges) for the purpose of replacement of the judge or judges who were disposed.

8. The meeting of judges of the relevant court has the right to reduce load on hearing of cases by the judges holding managerial positions in court, but no more than for sixty percent in comparison with load of other judges.

9. Data on results of distribution are stored in the automated system of document flow of court and shall be protected from unauthorized access.

Results of the automated distribution of case and repeated distribution (repeated divisions) of case (in case of its carrying out) are drawn up by the protocol which is signed by authorized persons of the office of court and is attached to case papers.

Unauthorized intervention in work of the automated system of document flow of court and in distribution of cases between judges involves the responsibility established by the law.

10. The automated system of document flow of court is not applied to determination of the judge (structure of board of judges if case is considered jointly) for consideration of specific case only in case of approach of circumstances, which objectively impossible its functioning and more than five working days proceed. Features of distribution of legal cases in such cases are determined by Regulations on the automated system of document flow of court.

11. The regulations on the automated system of document flow of court affirm Judicial council of Ukraine in coordination with Public judicial administration of Ukraine.

Article 16. Symbols of judicial authority

1. Symbols of judicial authority are the state symbols of Ukraine - the State Emblem of Ukraine and National Flag of Ukraine.

2. The judge performs justice in cloak and with the breastplate. Samples of cloak and the breastplate affirm Judicial council of Ukraine.

Section II. Courts of law

Chapter 1. Organizational bases of system of courts of law

Article 17. System of courts of law

1. The system of courts of law according to the Constitution of Ukraine is based on the principles of territoriality, specialization and instantsionnost.

2. System of courts of law constitute:

1) local courts;

2) Appeal Courts;

3) the supreme specialized courts;

4) Supreme Court of Ukraine.

3. The supreme judicial authority in system of courts of law is the Supreme Court of Ukraine. The supreme judicial authorities of specialized freighters are the relevant supreme specialized courts.

4. The unity of system of courts of law is provided:

single principles of the organization and activity of the courts;

single status of judges;

obligation for all courts of the rules of practice determined by the law;

unity of court practice;

obligation of execution in the territory of Ukraine of judgments;

single procedure for organizational support of activity of the courts;

financing of the courts only from the Government budget of Ukraine;

solution of questions of internal activity of the courts by bodies of judicial self-government.

Article 18. Specialization of courts of law

1. Courts of law specialize in consideration of civil, criminal, economic, administrative cases, and also cases on administrative offenses.

2. In courts of law according to the decision of meeting of judges of the relevant court specialization of judges in consideration of specific categories of cases can be entered.

3. In local general courts and Appeal Courts specialization in implementation of criminal proceedings concerning minors is effective.

Judges (judge), representatives to perform criminal proceedings concerning minors, are elected from among judges of the relevant court meeting of judges of this court according to the proposal of the chairman of justices or on the proposal of any judge of this court if the proposal of the chairman of justices was not supported, for the term of no more than three years and can be re-elected repeatedly. The number of judges, representatives to perform criminal proceedings concerning minors, it is determined separately for each court by meeting of judges of this court. The judge, the representative to perform criminal proceedings concerning minors, the judge with length of service the judge at least ten years, experience of implementation of criminal proceedings in court both high moral and business and professional qualities can be elected. In case of absence in court of judges with necessary length of service the judge, the representative to perform criminal proceedings concerning minors, it is chosen from among judges who have the most long standing of work in judgeship.

Judges, representatives to perform criminal proceedings concerning minors, are not exempted from fulfillment of duties of the judge of relevant authorities, however implementation of such powers is considered by them in case of distribution of legal cases and has priority value.

Article 19. Procedure for education and liquidation of courts of law

1. Courts of law are formed, including by reorganization, and liquidated by the President of Ukraine based on the offer of Public judicial administration of Ukraine.

2. The location, territorial jurisdiction and the status of court are determined taking into account the principles of territoriality, specialization and instantsionnost.

3. The bases for education or liquidation of court is change of the system of courts determined by this Law, requirement to improve availability of justice, need of expense optimization of the government budget or change of the administrative-territorial device.

Formation of court can happen by creation of new court or reorganization (merge, separation) courts.

4. The number of judges in court of law the Public judicial administration of Ukraine in coordination with Judicial council of Ukraine taking into account judicial determines loadings and in the expense limits provided in the Government budget of Ukraine on content of courts and compensation of judges.

The number of judges in the Supreme Court of Ukraine is established by this Law.

Article 20. Procedure for election of judges on managerial positions and releases from these positions

1. In court positions of the chairman of justices and the deputy (deputies) of the chairman of justices are considered as managerial positions.

2. The chairman of local court, his deputy, the chairman of Appeal Court, his deputies, the chairman of the supreme specialized court, his deputies are elected to positions by meeting of judges of the relevant court from among judges of this court.

The chairman of local court, his deputy, the chairman of Appeal Court, his deputies, the chairman of the supreme specialized court, his deputies are elected to positions for a period of two years, but no more than for term of office of the judge, by secret vote by the majority from the number of judges who work in the relevant court.

The chairman of local court, his deputy, the chairman of Appeal Court, his deputies, the chairman of the supreme specialized court, his deputies can be ahead of schedule dismissed at the initiative of at least one third of total number of judges of the relevant court by secret vote by at least than two thirds of the judges working in the relevant court.

Dismissal of the judge, and also term for which the judge is elected to managerial position in court stops its powers on managerial position.

3. The chairman of the Supreme Court of Ukraine and his deputies are elected to position and dismissed by the Plenum of the Supreme Court of Ukraine according to the procedure, established by this Law.

4. The judge elected to managerial position according to the procedure, determined by this Article, cannot hold one managerial position of the relevant court more than two terms in a row.

5. In court, the number of judges in which exceeds ten judges, one vice-chairman of court, and in court, the number of judges in which exceeds thirty judges - no more than two vice-chairmen of court, can be elected.

6. Election of the judge on managerial position without observance of requirements of this Law is not allowed.

7. Stay of the judge on managerial position in court does not exempt it from implementation of the powers of the judge of the relevant court provided by this Law.

 

Chapter 2. Local courts

Article 21. Types and structure of local courts

1. Local general courts are district, interdistrict, district in the cities, city and district courts.

2. Local economic courts are economic courts of the Autonomous Republic of Crimea, areas, cities of Kiev and Sevastopol.

3. Local administrative courts are district administrative courts, and also other courts provided by the procedural law.

4. The local court consists of judges of local court from among whom the chairman of justices and, in the cases provided by the law, the deputy or vice-chairmen of court is elected.

5. From among judges of local general court investigative judges (judge) who perform powers of judicial control of observance of the rights, freedoms and interests of persons in the criminal proceedings according to the procedure provided by the procedural law are elected. The number of investigative judges is determined separately for each court by meeting of judges of this court. Investigative judges (judge) are elected by meeting of judges of this court according to the proposal of the chairman of justices or on the proposal of any judge of this court if the proposal of the chairman of justices was not supported, for the term of no more than three years and can be re-elected repeatedly. Before election of the investigative judge of the relevant court of its power the senior on age the judge of this court performs. The investigative judge is not exempted from fulfillment of duties of the judge of the first instance, however implementation of powers by it on judicial control of observance of the rights, freedoms and interests of persons in criminal proceedings is considered in case of distribution of legal cases and has priority value.


 

Article 22. Powers of local court

1. The local court is Trial Court and performs justice according to the procedure, established by the procedural law.

2. Local general courts consider civil, criminal, administrative cases, and also cases on administrative offenses in the cases and procedure provided by the procedural law.

3. Local economic courts consider the cases arising from economic legal relationship and also the another matters carried by the law to their cognizance.

4. Local administrative courts consider cases of administrative jurisdiction (administrative cases).

5. Cognizance of separate categories of cases to local courts, and also procedure for their consideration are determined by the law.

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