Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF UKRAINE

of June 2, 2016 No. 1402-VIII

About judicial system and the status of judges

(as amended on 04-06-2020)

About judicial system and the status of judges This Law determines the organization of judicial authority and implementation of justice in Ukraine which functions on the principles of supremacy of law according to the European standards and provides the right of everyone to fair trial.

Section I Principles of the organization of judicial authority

Article 1. Judicial authority

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

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

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 of other 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. System of judicial system of Ukraine

1. Courts form single system.

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

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 and the law.

2. Changes can be made to this Law only by the laws on introduction of amendments to the Law of Ukraine "About judicial system and the status of judges".

Article 5. Justice implementation

1. Justice in Ukraine is performed only by courts and according to the procedures of legal proceedings determined by the law.

2. Delegation of functions of courts, and also assignment of these functions by other bodies or officials are not allowed. Persons who appropriated functions of court bear the responsibility established by the law.

3. The people participate in implementation of justice through 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 on the principles of supremacy of law.

2. Appeals 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 discredit of court or influence on impartiality of court, appeals to non-execution of judgments are prohibited and attracts the responsibility established by the law.

4. Public authorities and local government bodies, their officials shall abstain from statements and actions which can undermine independence of judicial authority.

5. For protection of professional interests of judges and 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 by 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. Availability of justice to each person is provided according to the Constitution of Ukraine 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 jurisdiction 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 person 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 or other signs.

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

Article 10. Professional legal aid in case of realization of the right to fair trial

1. Everyone has the right to professional legal aid. In the cases determined by the law, the state provides provision of professional legal aid gratuitously.

2. Everyone is free in the choice of the defender of the rights and person giving legal aid.

3. For rendering professional legal aid the legal profession is effective. Ensuring right of defense from criminal charge and representation in court are performed by the lawyer, except as specified, established by the law.

4. Expenses of participants of legal procedure on professional legal aid are refunded according to the procedure, determined by the law.

Article 11. Publicity and openness of legal procedure

1. Judgments, judicial information on cases which are considered by court are open, except the cases 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, case referral from one court in another is open and shall be instantly promulgated on the official web portal 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 actions which testify to disrespect for court or participants of legal procedure such person according to the motivated judgment can be removed from courtroom.

4. Persons which are present at courtroom representatives of mass media can carry out in courtroom photographing, video and audio recording with use of portable video 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. If all participants of case take part in judicial session in the video conference mode, is performed broadcasts of the course of judicial session on the Internet without fail.

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. The court can determine the place in the hall of judicial sessions from which shall be carried out photographing, video.

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

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

7. 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 court which made such decision.

8. 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 gives the chance to exercise the procedural law granted to them and to carry out procedural obligations.

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

1. Legal proceedings and clerical work in courts of Ukraine are conducted 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. 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. Control of execution of the judgment is exercised by court within the powers conferred to it by the law.

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

5. The conclusions concerning application of rules of law stated in resolutions of the Supreme Court 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.

6. The conclusions concerning application of rules of law stated in resolutions of the Supreme Court are considered by other courts in case of application of such rules of law.

7. Judgments cannot be reviewed by other bodies or persons out of legal proceedings, except for decisions on amnesty and pardon.

Public authorities and local government bodies, their officials cannot make decisions which cancel judgments or stop their accomplishment.

8. 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 mandatory in the territory of Ukraine under 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 reconsideration of the case and appeal of the judgment

1. Participants of case which is cognizance item and other persons have the right to appeal reconsideration of the case and in the cases determined by the law - to cassation appeal of the judgment.

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 jurors.

2. The judge who considers case solely acts as court.

3. It is excluded.

4. Determination of the judge or board of judges for consideration of specific case is performed by Single judicial information and telecommunication system according to the procedure, determined by the procedural law.

5. Cases are distributed taking into account specialization of judges, loads 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 (except review on newly discovered facts), stay of judges in leave, absence in connection with temporary disability, the business trips and also provided by the law of other cases in which the judge cannot perform justice is brought up or participate in consideration of legal cases.

In courts which location are several settlements in case of distribution of cases the arrangement of workplaces of judges in the respective settlements, and also the criteria established by the law for determination of court jurisdiction is considered

6. In case of consideration of the case with participation of jurors their members are determined by means of Single judicial information and telecommunication system if other is not established by the law.

7. Data on results of distribution are stored in Single judicial information and telecommunication system and shall be protected from unauthorized access and intervention.

8. It is excluded.

9. The single judicial information and telecommunication system 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 made impossible its functioning and more than five working days proceed. Features of distribution of legal cases in such cases are determined by Regulations on Single judicial information and telecommunication system.

10. It is excluded.

Article 15-1. Single judicial information and telecommunication system

1. In courts, the Supreme council of justice, the Highest qualification commission of judges of Ukraine, Public judicial administration of Ukraine, their bodies and divisions the Single judicial information and telecommunication system providing functions:

1) maintaining electronic clerical work, including movement of electronic documents within relevant organs and organizations and between them, registration of the entering and outgoing documents and stages of their movement;

2) centralized storage of procedural and other documents and information in the single database;

3) the protected storage, the automated analytical and statistical information processing;

4) safety of cases and other documents in electronic archive;

5) exchange of documents and information (transfer and receipt of documents and information, joint operation with documents electronically between courts, other bodies of justice system, participants of legal procedure, and also carrying out video conference in real time;

6) automation of work of the courts, the Supreme council of justice, the Highest qualification commission of judges of Ukraine, Public judicial administration of Ukraine, their bodies and divisions;

7) forming and maintaining the judicial file (file of the candidate for judgeship) electronically;

8) remote access for users of this system to any information which is stored in it, electronically according to the differentiated access rights;

9) determination of the judge (judge-speaker) for consideration of specific case according to the procedure, determined by the procedural law;

10) selection of persons for the invitation to participation in implementation of justice as jurors;

11) distribution of cases in the Highest qualification commission of judges of Ukraine, to the Highest council of justice, its bodies;

12) audio-and video fixing of judicial sessions, meetings of the Highest qualification commission of judges of Ukraine, the Supreme council of justice, its bodies, their broadcasting on the Internet according to the procedure, determined by the law;

13) maintaining the Unified state register of judgments;

14) functioning of the official web portal of judicial authority of Ukraine, websites of organization of the Supreme council of justice and the Highest qualification commission of judges of Ukraine;

15) functioning of single contact center for management of requests, other addresses;

16) possibility of the automated interaction of this system with other automated, information, information and telecommunication systems of bodies and organizations of justice system, law enforcement bodies, the Ministries of Justice of Ukraine and bodies and organizations subordinated to it;

17) opportunity to participants of case who have intention to take part in judicial session in the video conference mode, to beforehand check communication with court in the test mode;

18) other functions provided by Regulations on Single judicial information and telecommunication system.

2. Registration of persons in Single judicial information and telecommunication system is performed according to Regulations on Single judicial information and telecommunication system gratuitously no later than the next working day after receipt of the corresponding statement from such person.

3. Representation, transfer, exchange of documents, making of other actions electronically by means of Single judicial information and telecommunication system are performed with use of the digital signature equated to the sign manual according to the law.

Features of use of the digital signature in Single judicial information and telecommunication system are determined by Regulations on Single judicial information and telecommunication system.

4. Courts, the Supreme council of justice, the Highest qualification commission of judges of Ukraine, their bodies conduct hearing of cases on materials electronically. Procedural and other documents and proofs in paper form no later than the next day from the date of their receipt in court, the Supreme council of justice, the Highest qualification commission of judges of Ukraine, their bodies are transferred to electronic form and join materials of electronic case according to the procedure, determined by Regulations on Single judicial information and telecommunication system. In case of need the relevant organ can request, inspect and attach to case papers the document in paper form.

The paper documents filed to relevant organ are stored in appendix to electronic case.

5. Unauthorized intervention in work of Single judicial information and telecommunication system and in the automated distribution of cases in court, the Highest qualification commission of judges of Ukraine, the Supreme council of justice, its bodies involves the responsibility established by the law.

6. The single judicial information and telecommunication system is subject to protection using complex system of information security with the confirmed compliance.

7. The regulations on Single judicial information and telecommunication system affirm the Supreme council of justice on representation to Public judicial administration of Ukraine and after consultations with Judicial council 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.

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

Section II Judicial system

Chapter 1. Organizational bases of judicial system

Article 17. System of judicial system

1. Judicial system is based on the principles of territoriality, specialization and instantsionnost.

2. The supreme court in system of judicial system is the Supreme Court.

3. The system of judicial system is constituted:

1) local courts;

2) Appeal Courts;

3) Supreme Court. For consideration of separate categories of cases according to this Law in system of judicial system the supreme specialized courts are effective.

4. The unity of system of judicial system is provided:

1) single principles of the organization and activity of the courts;

2) single status of judges;

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

4) unity of court practice;

5) obligation of execution in the territory of Ukraine of judgments;

6) single procedure for organizational support of activity of the courts;

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

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

Article 18. Specialization of courts

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

2. In the cases determined by the law and also 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 of judges in implementation of criminal proceedings concerning minors is effective.

4. 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.

5. 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.

6. 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 greatest length of service on judgeship.

7. 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 by them is considered in case of distribution of legal cases and has priority value.

Article 19. Procedure for education and liquidation of court

1. The court will be formed and liquidated by the law.

2. The bill on creation or liquidation of court brings in the Verkhovna Rada of Ukraine the president of Ukraine after consultations with the Supreme council of justice.

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

4. The bases for education or liquidation of court is change of the system of judicial system determined by this Law, need of ensuring availability of justice, expense optimization of the government budget or change of the administrative-territorial device.

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

6. The number of judges in court is determined by Public judicial administration of Ukraine in coordination with the Supreme council of justice taking into account judicial loading and in the expense limits determined in the Government budget of Ukraine on content of courts and compensation of judges.

7. The maximum number of judges of the Supreme Court is established by this Law.

8. The court is legal entity if other is not determined by the law.

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

1. Managerial positions in court are positions of the chairman of justices and the deputy (deputies) of the chairman of justices.

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.

3. 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 by secret vote by the majority from the number of judges of the relevant court for a period of three years, but no more than for term of office of the judge, according to the procedure, determined by the law.

4. 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 quantity of judges of the relevant court by secret vote by at least than two thirds of judges of this court.

5. The basis for dismissal of the judge from managerial position is its statement or the continuing unsatisfactory fulfillment of duties of the chairman of justices, vice-chairman of court, respectively, systematic or rough single violation of the law in case of their accomplishment.

6. The judge who is ahead of schedule dismissed from managerial position in court (except dismissal from managerial position according to its statement) cannot be elected to any managerial position in courts within two years from the date of such early release.

7. Dismissal from judgeship, the termination of its powers as judges, and also the term for which the judge is elected to managerial position in court stops its powers on managerial position.

8. Elects the chairman of the Supreme Court and his deputy to position and the Plenum of the Supreme Court according to the procedure, established by this Law dismisses.

9. The judge elected to managerial position cannot hold one managerial position of the relevant court more than two terms in a row if other is not provided by the law.

10. 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.

11. Election of the judge on managerial position without observance of requirements of the law is not allowed.

12. 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 courts which are formed in one or several areas or areas in the cities, either in the city, or in the area (areas) and the city (cities).

2. Local economic courts are district economic courts.

3. Local administrative courts are district administrative courts, and also other courts determined 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 determined by the law, the deputy or vice-chairmen of court is appointed.

5. From among judges of local general court the investigative judges (judge) performing powers on judicial control of observance of the rights, freedoms and interests of persons in the criminal proceedings according to the procedure determined by the procedural law are elected.

6. The number of investigative judges is determined separately for each court by meeting of judges of this court.

7. 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.

8. 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 determined 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 jurisdiction.

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

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

Article 23. Judge of local court

1. The judge of local court performs justice according to the procedure, established by the procedural law, and also other powers determined by the law.

Article 24. Chairman of local court

1. Chairman of local court:

1) is represented by court as public authority in the relations with other public authorities, local government bodies, physical persons and legal entities;

2) determines administrative powers of the vice-chairman of local court;

3) is controlled by efficiency of activities of the office of court, approves position assignment of the chief of staff of court, the deputy manager of the office of court, and also brings idea of application to the chief of staff of court, his deputy of encouragement or imposing of authority punishment according to the legislation;

4) is issued based on the act of appointment of the judge to position, transfer of the judge, dismissal of the judge from position, and also in connection with the termination of powers of the judge by the relevant order;

5) notifies the Highest qualification commission of judges of Ukraine and Public judicial administration of Ukraine, and also through the web portal of judicial authority on vacant positions of judges in court in three-day time from the date of their education;

6) is provided by accomplishment of decisions of meeting of judges of local court;

7) will be organized by maintaining in court of legal statistics and information and analytical providing judges for the purpose of legal proceedings improvement of quality;

8) promotes fulfillment of requirements on advanced training of judges of local court;

Submits 9) for consideration of collection of the offer of court concerning quantity and members of investigative judges;

10) performs other powers determined by the law.

2. The chairman of local court on the questions relating to its administrative powers issues orders and orders.

3. In case of absence of the chairman of local court its administrative powers are performed by one of vice-chairmen of court by determination of the chairman of justices, in the absence of such determination - the vice-chairman of court having the greatest length of service on judgeship, and in case of absence of the vice-chairman of court the judge of this court which has the greatest length of service on judgeship.

Article 25. Vice-chairman of local court

1. The vice-chairman of local court performs the administrative powers determined by the chairman of justices.

Chapter 3. Appeal Courts

Article 26. Types and structure of Appeal Courts

1. Appeal Courts are effective as Appeal Courts, and in the cases determined by the procedural law as Trial Courts on consideration of civil, criminal, economic, administrative cases, and also cases on administrative offenses.

2. Appeal Courts on consideration of civil and criminal cases, and also cases on administrative offenses are Appeal Courts which are formed in appeal districts.

3. Appeal Courts on consideration of economic cases, Appeal Courts on consideration of administrative cases are respectively Economic Courts of Appeal and Appeal administrative courts which are formed in the respective appeal districts.

4. As a part of Appeal Court trial chambers on consideration of separate categories of cases can be formed.

5. The trial chamber is headed by the secretary of trial chamber who is elected from among judges of this court for a period of three years.

6. The decision on formation of trial chamber, its structure, and also on election of the secretary of trial chamber are accepted by meeting of lord justices of appeal according to the proposal of the chairman of justices.

7. Secretary of trial chamber:

1) will organize work of the relevant chamber;

2) is controlled by implementation of the analysis and generalization of court practice in the cases referred to competence of chamber;

3) is informed by meeting of lord justices of appeal on activities of trial chamber.

Article 27. Powers of Appeal Court

1. Appeal Court:

1) is performed by justice according to the procedure, established by the procedural law;

2) analyzes legal statistics, studies and generalizes court practice, informs the relevant local courts, the Supreme Court on results of generalization of court practice;

3) provides to local courts the methodical help in application of the legislation;

4) performs other powers determined by the law.

Article 28. Lord justice of appeal

1. The lord justice of appeal can be person who conforms to requirements to candidates for judgeship, by results of qualification estimation confirmed capability to perform justice in Appeal Court, and also answers one of the following requirements:

Length of service in judgeship has at least five years 1);

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.