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Chapter 10. PARTICIPATION OF PEOPLE'S ASSESSORS AND JURORS IN ADMINISTRATION OF JUSTICE

Article 65. People's assessors
1. People's assessors shall be represented by the citizens of Ukraine that, pursuant to procedural law, consider the cases in courts together with professional judges thus ensuring the direct participation of the people in administration of justice in accordance with the Constitution of Ukraine.
2. In the course of administration of justice the people's assessors shall enjoy all rights of a judge.
3. The list of people's assessors shall be approved by a relevant city council as proposed by the chairman of a local court. The list includes the citizens whose number is indicated in the proposal of the chairman of this court that permanently reside in the territory of jurisdiction of a given court, meet the requirements as per Article 60 of this Law and that have agreed to act as people's assessors.
4. Garrison commander shall approve a list of assessors with a local military court as recommended by chairman of that court. The list shall comprise the servicemen of the garrison that meet the requirements indicated in Article 66 of this Law, understanding that the number of assessors shall be indicated in the proposal submitted by chairman of that court.
5. the lists of people's assessors shall be approved for a term of four years and reviewed as necessary but at least within the space of two years. The list of people's assessors shall be published in local official press.

Article 66. Requirements placed upon people's assessors
1. A citizen of Ukraine, that has reached the age of 25 and permanently resides in the territory falling with the jurisdiction of a given court, may be a people's assessor
2. The following persons shall not be included into the lists of people's assessors:
1) the persons recognized by court as partially legally capable or legally incapable;
2) the persons with chronic mental disorders or other diseases that prevent them from performing the duties of a people's assessor;
3) the persons under inquest, pretrial investigation or court examination, or the persons with outstanding previous conviction;
4) the people's deputies of all levels, members of the Cabinet of Ministers of Ukraine, managerial staff of courts, employees of the bodies of internal affairs and other law enforcement bodies, lawyers, notaries.
3. The person, included into the list of people's assessors, shall inform the court about the circumstances that make it impossible for such a person to participate in administration of justice.

Article 67. Procedure and reasons for discharge from the duties of people's assessor
1. The following persons shall be subject to the discharge, at their request, from the duties of people's assessor by the order of the chairman of a court:
1) the citizens above 65 years of age;
2) the women on maternity or children care leave, the women having the children of preschool or junior school age, also the women maintaining the disabled children, other sick or elderly family members;
3) the heads and deputy heads of the state executive bodies and local-self-government authorities;
4) the persons who do not know the official national language;
5) the persons that deem it impossible for them to participate in administration of justice as a result to their religious beliefs;
6) other persons if the chairman of a court believes that the reasons such persons refer to are sound enough.
2. The persons indicated in this Article shall submit the application about their discharge from the duties of people's assessors in a specific case prior to engagement of such persons in the performance of these duties.

Article 68. Jurors
1. The jurors shall be the citizens of Ukraine that, in cases determined by procedural law, are engaged in administration of justice thus ensuring the direct participation of the people in the process of administration of justice in accordance with the Constitution of Ukraine.
2. Court of the Jury shall be established to consider the first instance cases as prescribed by procedural law.
3. As submitted by the chairman of a court of appeal, the list of jurors shall be drawn up on the basis of the lists of electors by the commission whose membership is approved by the Chairman of the Verkhovna Rada of the Autonomous Republic of the Crimea, the chairmen of a regional, Kyiv and Sevastopol city councils. The lists of jurors shall include the citizens that permanently reside in the territory of a relevant council and meet the requirements as per Article 69 of this Law. The list of jurors shall be approved by the decision of a relevant council.
4. The lists of jurors of the military courts of appeal shall, by the proposal of the chairmen of these courts, include the servicemen recommended by the meetings of military units and military institutions of the garrisons located in the territory falling within the jurisdiction of a relevant military court of appeal. The list of jurors shall include from fifteen to twenty servicemen from each garrison that meet the requirements as per Article 69 of this Law. The list of jurors of a military court of appeal shall be approved by the decision of a relevant council in whose territory a garrison is located.
5. The lists of jurors shall be approved not later that within one month from the day of receiving the proposal of the chairman of a court and shall be sent to a court within the same period of time; the lists shall be published in official press.
6. The lists of jurors shall be approved for a term of four years and reviewed each two years.

Article 69. Requirements placed upon jurors
1. A citizen that has reached the age of 30 may act as a juror.
2. The persons specified in Part two, Article 66 of this Law shall not be allowed to be the jurors.
3. One and the same person shall not be simultaneously included into the list of people's assessors and the list of jurors.
4. The person, included into the list of jurors, shall inform the chairman of a court of appeal about the circumstances making it impossible for such person to participate in administration of justice.

Article 70. Procedure and reasons for discharge from the duties of juror
1. The persons, specified in part one, Article 67 of this Law, are subject to the discharge from the juror's duties at the request of these persons.
2. The persons, specified in Part one of this Article, shall submit the request about their discharge from the juror's duties concerning a specific case prior to their engagement in performance of these duties.

Article 71. Engagement of people's assessors and jurors in performance of duties in courts
1. People's assessors shall be engaged in administration of justice in order of sequence for a term not exceeding one month in a year except the cases when prolongation of this term is caused by the necessity to finish the consideration of a case initiated by people's assessors. People's assessors shall not participate in administration of justice by specialized courts.
2. A court shall send a written invitation to a people's assessor or a juror for participation in administration of justice not later than two weeks before the beginning of a court session. The invitation shall specify the rights and duties of a people's assessor or a juror, the list of requirements placed upon people's assessors and jurors, also the reasons for discharging them from performance of their official duties.
3. The court that invites a people's assessor or a juror shall inform in writing about this their superiors not later than two weeks before the beginning of a court session.
4. Any manager at enterprises, institutions, companies irrespective of their types of ownership are obliged to relieve assessors or jurors of their job responsibilities for a period when they are bound to execute their duties in court. Should managers refuse to do so this could be qualified as disrespect for court which shall entail their further liability pursuant to the law.
5. Having received the invitation, people's assessors and jurors shall timely appear in a court for taking part in a court session. Failure to appear in a court without sound reasons shall be regarded as the contempt of court.
6. The procedure of selection of jurors for consideration of a case, swearing an oath and its content are determined by procedural law.

Article 72. The rights of people's assessors and jurors, guarantees of their protection
1. During the settlement of all issues connected with consideration of a case and making the a court ruling, the people's assessors and jurors shall have equal rights with professional judges.
2. The guarantees of independence and immunity of professional judges, specified by the law, shall cover the people's assessors and jurors in the course of performance of their duties relating to administration of justice.
3. While performing their duties in courts, the people's assessors and jurors shall receive the remuneration proportionally to an average monthly salary of the professional judge presiding over a court session. They should also receive per diem and be compensated for their travel and accommodation expenses. These payments are effected by a court using the state budget funds.
3. Dismissal of people's assessors or jurors, or transferring them to another job without their consent in the course of performance of their duties in court, also on the grounds of performance of the duties of people's assessors or jurors shall be considered as gross violation of labor laws and shall be legally liable under the law.