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THE RESOLUTION OF THE PLENUM OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of September 30, 2011 No. 6

About approval of the Regulations on Scientific and advisory council of the Supreme specialized court of Ukraine on consideration of civil and criminal cases and determination of its members

(as amended on 25-09-2015)

Having considered Regulations on Scientific and advisory council of the Supreme specialized court of Ukraine on consideration of civil and criminal cases and for the purpose of enhancement of work on preliminary consideration of drafts of resolutions of the Supreme specialized court of Ukraine on consideration of civil and criminal cases which preparation requires scientific providing, according to Articles 36, 37 Laws of Ukraine "About judicial system and the status of judges", the plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases DECIDES:

1. Form under the Supreme specialized court of Ukraine on consideration of civil and criminal cases Scientific and advisory council.

2. Approve Regulations on Scientific and advisory council of the Supreme specialized court of Ukraine on consideration of civil and criminal cases and determine staff of council (appendices No. 1 and No. 2).

Chairman of the Supreme specialized court

Ukraine on consideration of civil and criminal cases

 

L. I. Fesenko

Secretary of plenum of the Supreme specialized court

Ukraine on consideration of civil and criminal cases

 

D.D.Luspenik

Appendix No. 1

to the Resolution of plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases of September 30, 2011 No. 6

Regulations on Scientific and advisory council of the Supreme specialized court of Ukraine on consideration of civil and criminal cases

1. General provisions

1.1. This Provision determines procedure for the organization and activities of Scientific and advisory council under the Supreme specialized court of Ukraine by consideration of civil and criminal cases (further - Scientific and advisory council).

1.2. Scientific and advisory council is advisory body which is created according to article 37 of the Law of Ukraine "About judicial system and the status of judges" from specialists in the field of the right for consideration of problematic issues of application of rules of law, preliminary consideration of drafts of resolutions of plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases which preparation requires scientific providing. Treat powers of Scientific and advisory council:

- preparation of scientific conclusions concerning use of the corresponding norm of the right in case of the solution of separate categories of cases of the corresponding judicial specialization for the purpose of their uniform application;

- studying and study of projects of generalization of practice of application by courts of civil and criminal jurisdiction of regulations of substantive and procedural law for the purpose of ensuring their uniform application by hearing of cases;

- preliminary consideration of drafts of resolutions of plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases about provision of referral explanations concerning application of civil and criminal jurisdiction of the legislation of Ukraine by courts by hearing of cases;

- studying and provision of the recommendations about questions of legal nature arising in court practice;

- provision of the conclusions 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 other questions of activities of the Supreme specialized court of Ukraine for consideration of civil and criminal cases which preparation requires scientific reasons and providing.

Theoretical works and practical benefits on points of law, legal proceedings and the organization of judicial activities can be discussed at meetings of Scientific and advisory council.

1.3. Activities of Scientific and advisory council are intended to promote implementation of civil and criminal jurisdictions of justice by courts according to requirements of international standards in the sphere of legal proceedings and the current legislation of Ukraine.

2. Structure and structure of Scientific and advisory council

2.1. Scientific and advisory council is formed for a period of five years from among scientists, judges and other highly qualified specialists in the field of the right who on nature of the activities are connected with work of the courts of civil and criminal jurisdiction.

The structure of Scientific and advisory council is created in the voluntary consent of his members.

The judges of the Supreme specialized court of Ukraine on consideration of civil and criminal cases who are not his members can take part in work of Scientific and advisory council (section or working group).

Before participation in meeting of Scientific and advisory council the scientists and practicians, specialists in various knowledge domains who are not his members can be invited.

2.2. The staff of Scientific and advisory council into which the Chairman of Scientific and advisory council, his deputy, the scientific secretary and other members enter is determined by plenum of the Supreme specialized court of Ukraine by consideration of civil and criminal cases on provision of the Chairman of the Supreme specialized court of Ukraine on consideration of civil and criminal cases.

Powers of Scientific and advisory council stop after statement of its new structure. 

Powers of Scientific and advisory council stop in day of approval by plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases of its new structure.

2.3. The chairman of Scientific and advisory council is the Chairman of the Supreme specialized court of Ukraine on consideration of civil and criminal cases.

2.4. The chairman of Scientific and advisory council directs its work according to this Provision, presides over meetings of Scientific and advisory council, determines circle of the questions which are subject to consideration at meetings of council, procedure for development and implementation of its recommendations, gives instructions to the scientific secretary and members of council, takes measures concerning implementation of recommendations and decisions of Scientific and advisory council.

2.5. In case of absence of the Chairman of Scientific and advisory council its duties are fulfilled by the vice-chairman, and in case of its absence - the scientific secretary of Scientific and advisory council on the order of the Chairman or his deputy.

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