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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of September 16, 2011 No. 5

About approval of the Regulations on Scientific and advisory council under the Supreme Court of Ukraine

(as amended on 31-10-2016)

Having considered representation of the Chairman of the Supreme Court of Ukraine concerning approval of the Regulations on Scientific and advisory council under the Supreme Court of Ukraine, being guided by Article part eight 45, parts one and the second article 46 of the Law of Ukraine "About judicial system and the status of judges", the Plenum of the Supreme Court of Ukraine DECIDES:

Approve Regulations on Scientific and advisory council under the Supreme Court of Ukraine it (is applied).

Chairman of the Supreme Court of Ukraine

V. V. Onopenko

Secretary Plenuma of the Supreme Court of Ukraine

Yu.L.Senin

The Resolution of the Plenum of the Supreme Court of Ukraine of September 16, 2011 is approved No. 5

Regulations on Scientific and advisory council under the Supreme Court of Ukraine

This Provision determines legal principles of the organization and activities of Scientific and advisory council under the Supreme Court of Ukraine (further - respectively Council, Court).

1. Scientific and advisory council is formed under the Supreme Court of Ukraine for preparation of the scientific conclusions concerning activities of Court which preparation requires scientific providing. Treat powers of Council:

- preparation of the scientific conclusions of rather corresponding norm of the right;

- preliminary consideration of drafts of the conclusions of the Plenum of Court according to drafts of the legal acts concerning judicial system, legal proceedings, the status of judges, execution of the judgments and other questions connected with functioning of judicial system of Ukraine;

- preliminary consideration of projects of the constitutional representations of Court in the Constitutional Court of Ukraine concerning constitutionality of the laws, other legal acts, and also rather official interpretation of the Constitution and the laws of Ukraine;

- preliminary consideration of other questions of activities of Court which preparation requires scientific providing.

2. Council is formed for a period of five years from among highly qualified specialists in branch of law in quantity which will provide accomplishment by Council of the tasks assigned to it. Powers of Council stop in day of approval by the Plenum of Court of new structure of Council.

The specialist who has scientific degree of the doctor or Candidate of Law Sciences can be elected the member of council.

The staff of Council for representation of the Chairman of justices affirms the Plenum of Court by open voting and is appendix to this Provision. Offers concerning staff of Council can represent to the Chairman of justices of the judge of Court, the chief of staff of Court, heads of legal higher educational institutions and scientific institutions in coordination with the alternate member of Council.

Powers of the member of council stop in case:

1) the terminations of term for which it is chosen;

2) abdication according to its application in person;

3) introductions in legal force of conviction concerning it;

4) his death.

Powers of the member of council can be also ahead of schedule stopped according to the decision of the Plenum of Court in case of failure in duty of the member of council over six months.

3. Members of council according to certain judicial specialization in the address of judges of Court provide the scientific conclusions, on the questions determined by Item of 1 this provision. At the request of the chairman of the board members of council also study the questions arising in court practice and recommendations relatively file a lawsuit:

a) drafts of the legal acts concerning judicial system, legal proceedings, the status of judges, execution of the judgments and other questions connected with functioning of judicial system of Ukraine;

b) preliminary consideration of projects of the constitutional representations of Court in the Constitutional Court of Ukraine concerning constitutionality of the laws, other legal acts, and also rather official interpretation of the Constitution and the laws of Ukraine;

c) other questions of activities of Court which preparation requires scientific providing.

In case of need the chairman of the board can convene meeting of Council. The meeting of Council is considered authorized on condition of presence of more than a half of members of council on it. Prior to meeting to members of council mail or electronic communication the agenda and materials on questions which are submitted for discussion go in advance

4. The organization and ensuring work of Council are performed by its chairman, the vice-chairman and the scientific secretary. They are elected from among judges and workers of the office of court who have scientific degree of the doctor or Candidate of Law Sciences, and exempted at plenary meeting by open voting.

Belong to powers of the chairman of the board:

- determination of the agenda of meeting of Council;

- organization of preparation of drafts of recommendations and decisions of Council;

- chairmanship at meetings of Council;

- introduction of offers to the chief of staff of Court of rather organizational, financial, material and other support of activities of Council office of Court;

- implementation of other powers provided by this Provision.

5. In case of absence of the chairman of the board of its power the vice-chairman of Council, and in case of absence of the vice-chairman of Council - the scientific secretary of Council carries out.

6. The scientific secretary of Council performs organizational and methodical, documentary and information support of work of Council and its members.

Belong to powers of the scientific secretary of Council:

- the organization of the direction mail or electronic communication to members of council of materials on the questions determined by subitems "an" - "in" Item 3 this provision;

- preparation of materials on meeting of Council;

- notice of members of council on date, time, place, agenda of meeting of Council;

- preparation of draft documents of Council taking into account the recommendations provided by members of council;

The direction to members of council of materials on the questions determined by Item of 1 this provision exercises of mail or electronic communication control of ensuring activities of the relevant trial chamber of Court.

- in case of need providing members of council with official publications of Court, other legal literature and materials.

In case of temporary absence of the chairman of the board and his deputy the scientific secretary of Council carries out powers of the Chairman of the board.

7. Members of council have the right:

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