Section
IV. JUDICIAL BOARDS OF EXPERTS
Chapter 11. THE SYSTEM OF JUDICIAL BOARDS OF
EXPERTS
Article 73. The status of judicial boards
of experts
1. The judicial boards of experts are the standing
bodies in the judicial system of Ukraine whose
powers are prescribed by the Constitution of
Ukraine and this Law.
2. Qualifying commissions are assigned with
a task of establishing corps of judges that
are able to administer law in good faith, efficiently
and impartially. To achieve this goal the commissions
shall select and recommend nominees to hold
the posts of professional judges; shall determine
level of the nominees’ professional skills.
The said commissions shall also deal with the
issues connected with the judges’ disciplinary
liability that might entail decisions on their
dismissal (should that be the case).
3. Members of the judicial boards of experts
shall exercise their powers on a voluntary basis;
during the work in the judicial boards of experts,
their members shall be discharged from the duties
at the place of their employment and shall receive
their average salary.
Article 74. Types of the judicial boards of
experts
1. The following judicial boards of experts
shall function within the judicial system of
Ukraine:
- judicial boards of experts of general courts;
judicial board of experts of military courts;
judicial boards of experts of relevant specialized
courts;
- Higher judicial board of experts of Ukraine.
2. The judicial boards of experts of general
courts shall operate at the centers of the appellate
circuits specified in Part three, Article 25
of this Law. All other judicial boards of experts
shall function in the city of Kyiv.
3. The term of office of the Higher judicial
board of experts of Ukraine shall be four years
from the date of its establishment.
Article 75. Membership of the judicial boards
of experts
1. The judicial boards of experts shall include
11 members that have a higher judicial education.
A judicial board of experts shall consist of:
- six judges elected to a judicial board of
experts pursuant to this Law;
- two persons from the ministry of justice of
Ukraine;
- two persons authorized by a relevant regional
(Kyiv city) council at the place of location
of a judicial board of experts;
- one person appointed by the Commissioner for
human rights of the Verkhovna Rada of Ukraine;
2. The Higher judicial board of experts of Ukraine
shall include 13 members that have a higher
judicial education. This board shall consist
of:
- seven judges elected to the Board pursuant
to this Law;
- two persons authorized by the Verkhovna Rada
of Ukraine;
- two persons authorized by the President of
Ukraine;
- one person authorized by the Commissioner
for human rights of the Verkhovna Rada of Ukraine;
- one person from the ministry of justice of
Ukraine.
Article 76. Formation of the judicial boards
of experts
1. Members of the judicial boards of experts
from among the judges shall be elected by secret
or open ballot by the conferences of judges
of relevant courts while members of the Higher
board of experts of Ukraine shall be elected
by the congress of judges of Ukraine through
open or secret ballot. In case of withdrawal
of a member of the Higher judicial board of
experts prior to the termination of its term
of office, another person from among the judges
shall be appointed by the Council of judges
of Ukraine for the remaining term.
The Chief Justice of the Supreme Court of Ukraine,
chairmen of the higher specialized courts, chairmen
of the courts of appeal, also their deputies
shall not be elected to the judicial boards
of experts and the Higher judicial board of
experts of Ukraine.
2. The Verkhovna Rada of Ukraine will pass the
resolution on appointment of two members of
the Higher judicial board of Ukraine from among
the persons having a higher judicial education
and that are not the deputies of Ukraine.
3. The President of Ukraine shall appoint by
his decree the two members of the Higher judicial
board of experts of Ukraine.
4. Commissioner of the Verkhovna Rada of Ukraine
for human rights shall appoint the members of
a relevant judicial board of experts as per
Article 74 of this Law.
5. The Minister of Justice of Ukraine shall
issue the order on appointment of members of
the judicial boards of experts.
6. A relevant board, indicated in Item 3, Article
75 of this Law shall decide on appointment of
the required number of members of a judicial
board of experts as per Article 74 in keeping
with the procedure established by its regulations.
7. A judicial board of expert shall be considered
as duly competent provided at least nine persons
have been appointed (elected) to its membership,
while the Higher judicial board of experts of
Ukraine shall be considered as duly competent
provided at least eleven persons have been appointed
(elected) to its membership.
8. The powers of a new membership of a judicial
board of experts shall commence from the day
of termination of the powers of the previous
membership of this board, while the powers of
a newly established board shall commence from
the day of appointment of its competent membership
as per this Article.
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