Chapter
12. POWERS AND ADMINISTRATION OF THE JUDICIAL
BOARDS OF EXPERTS
Article 77. Powers of a judicial board of
experts
1. A judicial board of experts shall:
1) check the adequacy of the candidates for
the post of a judge to the requirements set
forth by the Law, conduct the qualification
examinations and make the conclusion on adequacy
for judicial jobs of each candidate that is
proposed to hold this job for the first time
or is going to be elected to the post of a judge
for an unlimited term; draw the conclusions
on removal of a person from the post of a judge;
2) conduct the qualification certification of
judges of relevant courts and assign the qualification
categories (not over the second category) to
judges;
3) consider the requests and proposals on a
disciplinary liability of judges of local courts,
conduct the checks to this effect, mete out
the disciplinary punishments given the grounds
to do so and deal with the matters pertaining
to the disciplinary liability of a judge;
4) terminate the term of resignation of the
judges of local courts;
5) exercise other duties under the Law.
2. In order to exercise its powers, a judicial
board of experts has the right to call for and
receive the required information from chairmen
of courts, managers of institutions and enterprises
regardless of the forms of their ownership,
also from citizens and their associations. The
officials that refuse to provide such information
or evade doing so shall be liable to legal proceedings.
Article 78. Operation of a judicial board
of experts
1. A judicial board of experts shall elect from
its membership the chairman, his/her deputy
and secretary by open or secret ballot. The
candidate that has gained a majority of votes
of the board's members shall be considered as
elected to the post of chairman of the board.
Deputy chairman of the board and its secretary
are elected by a majority of votes of the members
that attended a board's meeting.
2. Chairman of a judicial board of experts shall
provide for the board's work, allocate the duties
of a board's members, convene a board's meetings
and preside over them; the chairman shall also
provide for the office work of a board.
3. The duties of chairman of a judicial board
of experts, in case of his/her absence, will
be carried out by the deputy chairman of a board,
while in the event of absence of the deputy
chairman such duties shall be performed by the
secretary of a board.
Article 79. Meeting of a judicial board of
experts
1. A judicial board of experts shall hold its
meetings as necessary, but not later than within
two months after a board received a relevant
request or proposal.
2. The meetings of a judicial board of experts
shall be prepared by chairman of a board or
by secretary of a board as ordered by chairman
of a board. Chairman of a judicial board of
experts shall fix the time and place of holding
a meeting, also the issues to be considered
by it; not later than 10 days before a meeting
the chairman shall inform about the said meeting
and issues the persons that submitted the issues
for consideration of a meeting and the official
press of a relevant local council.
3. A meeting of a judicial board of experts
shall be considered as duly competent if attended
by at least by two thirds of its members.
4. A board's meeting shall be transparent unless
decided otherwise by a judicial board of experts.
5. A board's meeting shall be chaired by chairman
of a board; in the event of absence of a board's
chairman a meeting shall be chaired by deputy
chairman or secretary of a board. Other persons
may be invited to participate in a board's meeting
if a board decides that the presence of such
persons is necessary.
6. Consideration of the issues at a meeting
of a judicial board of experts shall be done
in keeping with the procedure established by
the regulations of a judicial board of experts
passed by this board pursuant to the Standard
regulations of operation of a judicial board
of experts approved by the Chief Justice of
the Supreme Court of Ukraine in coordination
with the Council of judges of Ukraine and the
Ministry of Justice of Ukraine.
Article 80. The rights of member of a judicial
board of experts
A member of a judicial board of experts has
the right to:
1) study the materials submitted for consideration
of a board, participate in their analysis and
verification;
2) submit his/her requests and proposals, also
other documents concerning the issues to be
considered;
3) submit the proposals on a draft resolution
of a board pertaining to any issues, also vote
for or against a proposal;
4) sign the resolutions of a board;
5) express his/her personal opinion on any additional
resolutions of a board.
Article 81. Withdrawal of member of a judicial
board of experts
1. Member of a judicial board of experts has
no right to participate in consideration of
issues or in the decision making process and
shall be withdrawn (self-withdrawn) provided
the facts that put in doubt the impartiality
of such a member have been proved. Given the
said facts such member shall submit his/her
self-withdrawal. For the same reasons the withdrawal
of member of a board may be requested by the
person under a board's consideration, also the
persons that requested a board to do so.
2. The withdrawal shall be well-grounded and
submitted in writing to a board prior to consideration
of this issue. The person presiding over a meeting
shall inform about this the board's member subject
to withdrawal.
3. The decision on withdrawal (self-withdrawal)
of a board's member shall be taken by a majority
of votes of the board's members attending a
meeting provided the board's member subject
to withdrawal (self-withdrawal) is absent.
Article 82. Decisions to be taken by a judicial
board of experts
1. The decisions of a judicial board of experts
shall be taken by a majority of votes of the
board's members attending a meeting. The voting
shall be conducted in the absence of the person
concerned and other persons invited to attend
the meeting.
2. While considering the issue about the judge
that is a board's member, such judge shall not
participate in the voting procedure.
3. The decision (conclusion) of a judicial board
of experts shall be taken in writing and contain
the following: the date and place of taking
this decision, the board's composition, the
issues under consideration, the grounds for
taking the decision. The decision (conclusion)
shall be signed by the chairman of a meeting
and members of a board that took part in a meeting.
4. Given a dissenting personal opinion, the
latter shall be presented in writing by the
member of a board concerned and attached to
the case; the person presiding over a meeting
shall inform the meeting about this but not
disclose the content of such opinion.
5. Within the space of 7 days the copy of the
decision (conclusion) of a judicial board of
experts shall be sent to the person that requested
to take the decision to this effect and the
person who was the subject of such a decision.
Article 83. Appeal against the decision of
a judicial board of experts
The person concerning whom the decision of a
judicial board of experts has been taken or
the person that requested to make such a decision
have the right, if such persons disagree with
this decision, to appeal against this decision
in compliance with the procedure and within
the terms fixed by this Law.
Article 84. Powers of the Higher judicial
board of experts of Ukraine
1. The Higher judicial board of experts of Ukraine
shall:
1) make the conclusion on the possibility of
election of the judges of the Supreme Court
of Ukraine, judges of Higher specialized courts
and the Court of Appeal of Ukraine, also on
removal of the said judges from their posts.
2) check the observance by candidates for the
posts of judges, specified in Item 1 of this
Article also by the judges of the said courts,
of the provisions of the Constitution Of Ukraine
and the laws on their status;
3) conduct, pursuant to this Law, the certification
of judges of the Supreme Court of Ukraine, Higher
specialized courts and the Court of Appeal of
Ukraine, and also assign the relevant qualification
categories to them;
4) consider the requests concerning the disciplinary
liability of judges of the courts of appeal;
conduct the checks to this effect; meet out,
given the sound reasons, the disciplinary punishments
and consider the cases pertaining to the disciplinary
liability of judges of the said courts;
5) consider the complaints against the decisions
(conclusions) of judicial board of experts;
6) check the cases considered by the judicial
boards of experts, that contain a dissenting
opinion of members of such boards.
7) grant the permission for passing the examination
and take a repeated examination by the judges
that were not recommended for election to their
posts for an unlimited term.
8) terminate the resignation of a judge;
9) exercise other powers in keeping with the
law.
2. On the basis of the results of consideration
of a complaint the Higher judicial board of
experts of Ukraine may leave a decision (conclusion)
of a judicial board of experts unchanged, change
such a decision (conclusion) or cancel it, also
terminate consideration of the cases involving
a disciplinary liability.
3. The procedure of operation of the Higher
judicial board of experts shall be determined
by its Regulations, passed by a majority of
votes of members of the Higher judicial board
of experts of Ukraine pursuant to the Standard
regulations relating to the operation of a judicial
board of experts.
Article 85. Appealing against a decision of
the Higher judicial board of experts
1. A decision of the Higher judicial board of
experts may be appealed in a court only in the
cases specified by this Law.
2. The decision of the Higher judicial board
of experts concerning the disciplinary liability
of a judge of a court of appeal may be appealed
by a judge at the High Council of Justice in
keeping with the procedure established by this
Law.
Article 86. Support of operation of the judicial
boards of experts
1. Operation of the qualifying commission for
judges and of the Supreme Qualifying Commission
for the judges of Ukraine shall be provided
by the State Judicial Administration whether
financially or administratively.
2. Any qualifying commission (whether Supreme
or the one meant for specialized courts) shall
establish its own secretariat to be in charge
of the commissions’ organizational functions.
Other qualifying commissions shall be backed
- on the organizational level - by relevant
territorial departments of the State Judicial
Administration. |
