Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC


of June 2, 2016 No. 1402-VIII

About judicial system and the status of judges

(The last edition from 16-10-2019)

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.

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