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LAW OF UKRAINE

of April 8, 2014 No. 1188-VII

About recovery of trust to judicial authority in Ukraine

This Law determines legal and organizational basis of conducting special check of judges of courts of law (further - check of judges) as the temporary strengthened action with use of the existing procedures of consideration of questions of involvement of judges of courts of law to disciplinary responsibility and dismissal in connection with violation of the oath for the purpose of increase in the authority of judicial authority of Ukraine and trust of citizens to judicial branch of the power, recovery of legality and justice.

Section I General provisions

Article 1. Purpose of check of judges

1. The purpose of check of judges are:

1) approval of supremacy of law in society and legality in activity of the courts;

2) recovery of trust to judicial authority in Ukraine;

3) clarification of the facts testimonial of violation by judges of the oath, availability of the bases for involvement of judges to disciplinary or criminal liability;

4) approval in activities of judges of the principles of independence and impartiality.

Article 2. Review periods of judges

1. Judges are performed within one year from the date of forming of the structure of the Temporary special commission on check of judges of courts of law (further - the Temporary special commission) which is formed according to the procedure, determined by article 4 of this Law.

2. Applications for conducting check of individually certain judge (judges) according to article 3 of this Law are submitted by legal entities or physical persons in writing of the Temporary special commission within six months from the date of publication in the Golos Ukrainy newspaper of the message on its education and shall contain the following data:

1) the name (for legal entities) or name (surname, name, middle name for physical persons) person submitting the application, its location (for legal entities) or the residence (for physical persons), numbers of means of communication, e-mail addresses (in the presence);

2) surname, name, middle name of the judge (judges) on whom, (which) it shall be performed, its position;

3) the complete name of court in which the corresponding judge (judges) works;

4) reasons for need of conducting check of the corresponding judge (judges) with indication of the judgments constituting content of check of judges according to this Law;

5) the list of the materials enclosed to the application.

3. Copies of the judgment made by the judge on whose check the application is submitted which is taken out on cases on the questions determined in article 3 of this Law, and also the copy of decisions of appeal and cassation instances by these cases (in the presence) are enclosed to the application.

4. The temporary special commission can return the statement to the applicant without consideration only if copies of judgments are not enclosed to such application or if the statement does not conform to requirements, the established this Law. The applicant does not lose the right to file repeatedly such petition after correction of the specified shortcomings.

5. The statements which arrived after the term determined by this Article and also statements according to which the Temporary special commission did not manage to make the decision before the termination of the powers, are transferred to the Supreme council of justice for continuation of their consideration on general procedure.

Article 3. Content of check of judges

1. The judge of court of law is subject to check in case of acceptance by it solely or in board of judges of the following decisions:

1) about restriction of the rights of citizens for holding meetings, meetings, processions, demonstrations in Ukraine during the period from November 21, 2013 to day of entry into force of this Law;

2) about election of measure of restraint in the form of detention, their leaving without changes, prolongation of term of detention, convictions, decisions of the courts of appeal and cassation instances about review of convictions which consequence was their cancellations, concerning persons who are recognized as political prisoners, for the actions connected with their political and public work;

3) about election of measure of restraint in the form of detention, their leaving without changes, prolongation of term of detention, convictions against persons who were participants of mass protests during the period from November 21, 2013 to day of entry into force of this Law, in connection with their participation in such shares;

4) about imposing of administrative punishments on persons who were participants of mass protests during the period from November 21, 2013 to day of entry into force of this Law, in the form of deprivation of the right of control of vehicles based on article 122-2 of the Code of Ukraine about administrative offenses for failure to carry out by drivers of requirements of the employee of militia about stop of the vehicle and about leaving of the specified decisions without changes by Appeal Court during the period from November 21, 2013 to day of entry into force of this Law;

5) about imposing of administrative punishments on persons who were participants of mass protests during the period from November 21, 2013 to day of entry into force of this Law, based on article 185 of the Code of Ukraine about administrative offenses for malicious disobedience to the legal order or the requirement of the employee of militia, the member of public forming on protection of public order and frontier, the serviceman and about leaving of the specified decisions without changes by Appeal Court during the period from November 21, 2013 to day of entry into force of this Law;

6) about imposing of administrative punishments on persons who were participants of mass protests during the period from November 21, 2013 to day of entry into force of this Law, based on article 185-1 of the Code of Ukraine about administrative offenses for violation of procedure for the organization and holding meetings, meetings, street processions and demonstrations and about leaving of the specified decisions without changes by Appeal Court during the period from November 21, 2013 to day of entry into force of this Law;

7) about imposing of administrative punishments based on article 185-2 of the Code of Ukraine about administrative offenses on persons who were participants of mass protests during the period from November 21, 2013 to day of entry into force of this Law, for creation of conditions for the organization and carrying out with violation of established procedure of meetings, meetings, street processions or demonstrations and about leaving of the specified decisions without changes by Appeal Court during the period from November 21, 2013 to day of entry into force of this Law;

8) on the cases connected with elections to the Verkhovna Rada of Ukraine of the seventh convocation, cancellation of their results or deprivation of the status of the People's Deputy of Ukraine of person who was elected the People's Deputy of Ukraine in the Verkhovna Rada of Ukraine of the seventh convocation (judges are performed according to the statement of person, the rights or the interests of which were violated directly);

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