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LAW OF UKRAINE

of December 21, 2016 No. 1798-VIII

About the Supreme council of justice

(as amended on 14-07-2021)

This Law determines the status, powers, bases of the organization and procedure for activities of the Supreme council of justice.

Section I General part

Chapter 1. General provisions

Article 1. Status of the Supreme council of justice

1. The supreme council of justice is joint, independent constitutional public authority and judicial self-government which acts in Ukraine on the permanent basis for ensuring independence of judicial authority, its functioning on the principles of responsibility, accountability before society, forming of the fair and highly professional case of judges, observance of regulations of the Constitution and the laws of Ukraine, and also professional ethics in activities of judges and prosecutors.

2. The supreme council of justice is legal entity, expenses on its content are determined separately in the Government budget of Ukraine.

Article 2. Normative legal basis of activities of the Supreme council of justice

1. The status, powers, bases of the organization and procedure for activities of the Supreme council of justice are determined by the Constitution of Ukraine, this Law and the Law of Ukraine "About judicial system and the status of judges".

2. The supreme council of justice approves regulations of the Supreme council of justice which provisions regulate points of order of implementation of powers by it.

Article 3. Powers of the Supreme council of justice

1. The supreme council of justice:

1) is brought by idea of appointment of the judge to position;

2) makes decisions concerning violation by the judge or prosecutor of requirements concerning incompatibility;

3) is provided by implementation of disciplinary production by disciplinary body concerning the judge;

4) forms bodies for hearing of cases about disciplinary responsibility of judges;

5) considers claims to decisions of relevant organs on attraction to disciplinary responsibility of the judge or the prosecutor;

6) makes the decision on dismissal of the judge from position;

7) agrees to detention of the judge or its content under guards or arrest;

8) makes the decision on temporary discharge of the judge from justice implementation;

9) takes measures concerning ensuring authority of justice and independence of judges;

10) the decision on the judge's business trip in other court of the same level and specialization makes decisions on the translation of the judge from one court in another;

11) makes the decision on the termination of resignation of the judge;

12) is determined by the number of judges in the court according to the procedure determined by the Law of Ukraine "About judicial system and the status of judges";

13) is approved by Regulations on Single judicial information and telecommunication system and/or by the provisions determining procedure for functioning of its separate subsystems (modules), Regulations on Public judicial administration of Ukraine and standard regulations on its territorial administrations, Regulations on Service of judicial protection, the Provision about carrying out tenders for appointment to positions of government employees in courts, bodies and organizations of justice system, Regulations on the Commission on questions of the highest case of public service in justice system, the Procedure for maintaining the Unified state register of judgments;

13-1) No. 1629-IX is excluded according to the Law of Ukraine of 13.07.2021

14) is approved by Standard regulations on the office of court, Regulations on procedure for creation and activities of service of judicial managers;

15) draws advisory proceedings, obligatory to consideration, concerning bills concerning creation, reorganization or liquidation of courts, judicial system and the status of judges, generalizes offers of courts, bodies and organizations of justice system concerning the legislation concerning their status and functioning, judicial system and the status of judges;

16) performs functions of the main manager of means of the Government budget of Ukraine of rather financial provision of the activities; takes part in expense determination of the Government budget of Ukraine on content of courts, bodies and organizations of justice system according to the Budget code of Ukraine;

17) approves standard rates of personnel, financial, material and other provision of courts on representation to Public judicial administration of Ukraine;

18) is approved in accordance with the established procedure by redistribution of budgeted expenses between courts, except the Supreme Court;

19) appoints to position and dismisses the Chairman of Public judicial administration of Ukraine, his deputies;

20) determines the number of employees of Public judicial administration of Ukraine, including its territorial administrations by representation of the Chairman of Public judicial administration of limiting Ukraine;

Appoints 20-1) and dismisses from positions of members of the Highest qualification commission of judges of Ukraine;

20-2) makes decisions on release of high councilors of justice;

21) performs other powers determined by this Law and the Law of Ukraine "About judicial system and the status of judges".

2. The supreme council of justice in connection with realization of the powers determined by the law participates in international cooperation, including interacts with foreign institutions, organizations and the organizations for justice, can be the member of the relevant international associations.

3. The supreme council of justice can attract to accomplishment of support and advisory functions bodies of judicial self-government, organization and the organization, judges, judges in resignation, lawyers, prosecutors and other specialists, Public council of respectability in their consent on a voluntary basis.

Article 4. Symbols and location of the Supreme council of justice

1. The supreme council of justice has seal with the image of the State Emblem of Ukraine and the name and emblem of the Supreme council of justice which affirms its decision.

2. The integral attributes of assembly hall of the Supreme council of justice is the State Emblem of Ukraine and National Flag of Ukraine.

3. The supreme council of justice is in the city of Kiev.

Chapter 2. Structure of the Supreme council of justice

Article 5. Structure of the Supreme council of justice

1. The supreme council of justice consists of twenty one member from which ten are elected by congress of judges of Ukraine from among judges or judges in resignation, two are appointed by the President of Ukraine, two are elected by the Verkhovna Rada of Ukraine, two are elected by congress of lawyers of Ukraine, two are elected by All-Ukrainian conference of prosecutors, two are elected by congress of representatives of legal higher educational institutions and scientific institutions.

The chairman of the Supreme Court is part of the Supreme council of justice on position.

2. High councilors of justice are elected (are appointed) for a period of four years. The same person two terms in a row cannot hold position of the high councilor of justice.

3. If the Supreme council of justice can become not authorized because of the end of term of office of the high councilor of justice, such high councilor of justice continues to carry out the powers about day of election (appointment) to its position of other person, but anyway it is no more than three months from the date of the termination of term for which such high councilor of justice was elected (is appointed).

Article 6. Requirements and restrictions concerning high councilors of justice

1. To position of the high councilor of justice it can be elected the citizen of Ukraine (is appointed) at least fifteen years which belongs to legal profession and corresponds to criterion of political neutrality, and also criteria of professional competence, professional ethics and respectability are not younger than thirty five years, the higher legal education and the years of service of professional activity knowing state language, having in the sphere of the right.

2. High councilors of justice, except the Chairman of the Supreme Court, perform the powers on permanent basis.

3. Requirements and the restrictions set by the legislation in the sphere of prevention of corruption extend to high councilors of justice.

4. High councilors of justice in the activities and out of it shall adhere to the ethical standards established for the judge.

5. The high councilor of justice shall answer criterion of political neutrality. In particular, it cannot be chosen person who on the date of election (appointment) (is designated) by the high councilor of justice:

1) is member or holds position in political party, other organization which has political goals or takes part in political activities;

2) is the electee on elective office in public authority (except judicial) or local government body, has the representative mandate;

3) takes part in the organization or financing of political propaganda or other political activities.

6. The high councilor of justice has no right to combine the position with any position in public authority or local government body, body of judicial, lawyer or public prosecutor's self-government, with the status of the People's Deputy of Ukraine, the deputy of the Verkhovna Rada of the Autonomous Republic of Crimea, regional, district, city, district in the city, village, settlement council, with business activity, to hold any other paid position (except position of the Chairman of the Supreme Court), to perform any other paid work or to earn other reward, except remuneration of the high councilor of justice (except for implementation of teaching, scientific or creative activities and receipt of remuneration for it), and also to be part of governing body or supervisory board of the legal entity aiming at profit earning. The high councilor of justice cannot belong to political parties, labor unions, take part in any political activities.

7. Person who is shareholder or has other corporate laws has other property rights or other valuable interest in activities of any legal entity aiming at profit earning shall transfer such stocks (corporate laws) or other appropriate rights in management to the impartial third party (without the right of provision of instructions to such person according to the order such shares, corporate or other laws, or on realization of the rights which of them arises) for the period of stay to positions of the high councilor of justice. The high councilor of justice can draw interest, dividends and other passive incomes from property which owner he is.

8. The high councilor of justice who is judge cannot perform justice (except the Chairman of the Supreme Court).

9. The high councilor of justice who is lawyer shall stop for the period of implementation of powers of the high councilor of justice in accordance with the established procedure lawyer activities.

For the period of making by the judge, prosecutor, lawyer of powers of the high councilor of justice he cannot take part in bodies of judicial, lawyer or public prosecutor's self-government.

10. Cannot be high councilors of justice:

1) persons recognized by court incapacitated or it is limited by capable;

2) persons who have the criminal record which is not extinguished or not removed in the procedure established by the law;

3) persons on whom within the last year administrative punishment for making of the offense connected with corruption was imposed;

4) persons who were members of the Highest qualification commission of judges of Ukraine or the Supreme council of justice before entry into force of the Law of Ukraine "About recovery of trust to judicial authority in Ukraine";

5) persons which are on managerial positions in courts (except position of the Chairman of the Supreme Court);

6) persons who do not meet the requirements of this Law concerning incompatibility with other types of activity and did not eliminate such discrepancy during reasonable time, but no more than within thirty calendar days from the date of emergence of the circumstances leading to violation of requirements concerning incompatibility, or other term established by the Supreme council of justice according to this Law.

11. According to the statement of person which does not meet the requirements of this Law concerning incompatibility with other types of activity and has no opportunity owing to circumstances to eliminate this discrepancy within thirty calendar days, the Supreme council of justice has the right to extend this term, but no more than for thirty calendar days.

12. Stay of person to positions of the high councilor of justice is also incompatible with prohibition availability to such person to hold positions concerning which cleaning of the power according to the procedure is performed, determined by the Law of Ukraine "About cleaning of the power".

Chapter 3. Procedure for election (appointment) to positions of high councilors of justice

Article 7. Principles of election (appointment) to positions of high councilors of justice

1. Election (appointment) to positions of high councilors of justice is performed according to the procedure, provided by this Law, on the basis of the principles of supremacy of law, professionalism, publicity and political neutrality.

Article 8. Representation by the candidate for position of the high councilor of justice of documents for election (appointment)

1. For participation in the procedure of election (appointment) of high councilors of justice the candidate for position of the high councilor of justice gives:

1) the written application concerning election (appointment) to position of the high councilor of justice;

2) autobiography;

3) the motivational letter in which motives are stated to be elected (appointed) high councilor of justice;

4) the copy of the identity document and confirming citizenship of Ukraine;

5) data on labor activity from the register of insured persons of the State register of obligatory national social insurance, the copy of the record of service (in the presence);

6) the declaration of person authorized on accomplishment of functions of the state or local self-government in the year preceding year in which the announcement of tender, in the form determined by the Law of Ukraine "About prevention of corruption", the declaration of family relations and the declaration of respectability of the judge was published;

7) the copy of the diploma about the higher legal education (with appendices) got in Ukraine and/or the copy of documents on the higher legal education got abroad together with copies of the documents confirming their recognition in Ukraine and also copies of documents on academic degree, academic status (in the presence);

8) the certificate of medical institution of the state of health of the candidate with the conclusion about its suitability to work on the position connected with accomplishment of functions of the state;

9) the copy of the military ID (for military personnel or persons liable for call-up);

10) the written consent to processing of personal data and promulgation of copies of the documents determined by this Article except copies of the documents determined by Items 4, of 8, of the 9th this part;

11) the written application about lack of restrictions concerning membership in the Supreme council of justice according to article 6 of this Law, and also about compliance to requirements concerning incompatibility or the obligation to fulfill requirements concerning incompatibility in case of election (appointment) as the high councilor of justice;

12) the statement for conducting the check provided by the Law of Ukraine "About cleaning of the power" or the conclusion by results of such check;

13) consent to conducting special check according to the law;

14) the copy of the document confirming the corresponding status (for judges, lawyers and prosecutors).

2. The application form about election (appointment) to position of the high councilor of justice affirms the Supreme council of justice and is posted on its official website.

3. It is forbidden demand from the candidate of provision of the documents which are not determined by this Article.

Article 9. The competitive principles of selection of candidates for election (appointment) of the high councilor of justice

1. Candidate screen to positions of the high councilor of justice is made by criteria of professional competence, professional ethics and respectability. For election of the high councilor of justice as congress of judges of Ukraine, congress of lawyers of Ukraine, congress of representatives of legal higher educational institutions and scientific institutions or All-Ukrainian conference of prosecutors the body which convenes respectively congress or conference not later than forty five calendar days notifies the secretariat of the Supreme council of justice on date and the place of their carrying out.

2. No later than the next working day after receipt of the notification on date and the venue according to congress or conference the secretariat of the Supreme council of justice publishes the announcement in which are specified on its official website:

1) date and venue of congress or conference;

2) information on the beginning of documents acceptance for participation in tender to position of high councilors of justice.

3. The candidate for position of the high councilor of justice personally files the documents determined by part one of article 8 of this Law to the Supreme council of justice or sends their means to electronic communication not later than thirty calendar days before date according to congress or conference.

4. The secretariat of the Supreme council of justice accepts and registers documents of candidates for position of the high councilor of justice on first come of statements and no later than the next working day publishes on the official website of the Supreme council of justice information on the candidate for position of the high councilor of justice together with copies of the submitted documents, except the documents determined by Items 4, of 8, 9 parts one of article 8 of this Law.

5. Documents acceptance of candidates for position of the high councilor of justice comes to the end at 24 o'clock the last day of the term provided by part three of this Article if documents are filed electronically or at the time of the termination of working hours of the secretariat of the Supreme council of justice of the last day provided by part three of this Article. The secretariat of the Supreme council of justice has no right to refuse documents acceptance on other bases, than the expiration of the specified term.

6. No later than the next working day after documents acceptance completion the secretariat of the Supreme council of justice creates candidate lists to position of high councilors of justice who will instantly be promulgated on the official website of the Supreme council of justice and go to body which convenes the corresponding congress or conference, and also are published in the Golos Ukrainy newspaper.

7. The secretariat of the Supreme council of justice provides conducting special check concerning candidates for positions of high councilors of justice according to the Law of Ukraine "About prevention of corruption". The secretariat of the Supreme council of justice transfers to body which convenes the corresponding congress or conference, and to Ethical council the conclusion about results of special check of the candidate for position of the high councilor of justice, and also the conclusion about compliance of the candidate and his documents to the requirements established by this Law.

8. No later than the next working day after documents acceptance completion the secretariat of the Supreme council of justice sends to the copy of the high councilors of justice of documents provided by candidates for positions for Ethical council for establishment of compliance of candidates to criteria of professional ethics and respectability.

Ethical council provides to body which convenes the corresponding congress or conference, the conclusion about compliance of each candidate to criteria of professional ethics and respectability, and also the candidate list, recommended for election for position of the high councilor of justice. Such list shall contain the number of candidates which, at least, twice exceeds quantity of vacant positions of high councilors of justice.

If the number of the candidates recommended by Ethical council who correspond to criteria of professional ethics and respectability are less than number of candidates determined by the paragraph the second this part new competition which is held according to the procedure, provided by this Law is announced.

9. In case of establishment by results of special verification of information about the candidate which do not meet the requirements established by the legislation for holding the post, and/or in case of non-inclusion of the candidate for the candidate list, recommended by Ethical council for election for position of the high councilor of justice such candidate stops participation in tender to position of the high councilor of justice.

10. For implementation by the President of Ukraine of appointment of the high councilor of justice on the website of Official Internet representation of the President of Ukraine the announcement of carrying out tender to position of the high councilor of justice is placed.

11. Person applying for participation in tender files the documents determined by part one of article 8 of this Law within fifteen calendar days from the date of placement of the announcement on the website of Official Internet representation of the President of Ukraine of carrying out tender to position of the high councilor of justice.

12. Information on persons applying for participation in tender together with copies of the submitted documents, except the documents determined by Items 4, of 8, 9 parts one of article 8 of this Law are published on the website of Official Internet representation of the President of Ukraine no later than the next working day from the date of receipt of documents.

13. The president of Ukraine approves regulations on carrying out tender on candidate screen for implementation by the President of Ukraine of position assignment of the high councilor of justice and forms the contest committee.

14. The contest committee considers the documents of persons applying for participation in tender on candidate screen for implementation by the President of Ukraine of position assignment of the high councilor of justice determined by part one of article 8 of this Law and makes the decision on compliance of documents of candidates to the requirements established by this Law.

Persons applying for participation in tender on candidate screen for implementation by the President of Ukraine of position assignment of the high councilor of justice on which the contest committee on the basis of the submitted documents makes the decision on discrepancy to the requirements established by this Law stop participation in tender.

15. The organization of conducting special check concerning candidates for position of the high councilor of justice on whom the contest committee makes the decision on compliance to the requirements established by this Law is performed according to the Law of Ukraine "About prevention of corruption".

The contest committee instantly directs copies of documents of candidates for position of the high councilor of justice, and also the conclusion about results of special check of the candidate for position of the high councilor of justice for Ethical council for establishment of compliance of the candidate to criteria of professional ethics and respectability to holding the post of the high councilor of justice.

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