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Chapter
14. POWERS OF THE JUDICIAL BOARD OF EXPERTS
PERTAINING TO THE DISCIPLINARY LIABILITY OF
JUDGES
Article 96. General conditions of the disciplinary
liability of judges
A judge may incur a disciplinary liability in
compliance with the disciplinary procedure on
the grounds specified by the Law of Ukraine
"On the status of judges".
Article 97. Disciplinary proceedings against
judges
1. The disciplinary proceedings shall be understood
as the procedure of consideration by the body,
specified by the law, of a statement containing
the information on breaking the judicial status,
official duties or the oath by a judge.
2. The right to initiate the disciplinary proceedings
against a judge shall belong to the following
persons: people's deputies of Ukraine; Commissioner
for human rights of the Verkhovna Rada of Ukraine;
Minister of Justice of Ukraine; chairman of
a higher specialized court – against a judge
of a relevant specialized court where the judge
holds a post except the initiation of dismissal
of a judge; chairman of a relevant council of
judges, also members of the Council of judges
of Ukraine.
3. It is not allowed to abuse the right specified
in Part two of this Article, in particular,
to initiate consideration of the issue concerning
the legal liability of a judge without sound
reasons, also to use the said right for exerting
pressure upon a judge in connection with administration
of justice by a such judge.
4. Disciplinary actions in respect of a judge
may be initiated by persons such as: People’s
Deputies of Ukraine, Ombudsman with Verkhovna
Rada of Ukraine, Chief Justice of the Supreme
Court of Ukraine (by chairman of higher specialized
court - in respect of a judge of a relevant
specialized court except for the judge dismissal
) by the Minister of Justice of Ukraine; Head
of relevant council of Judges, by members of
the Council of Justice of Ukraine
Article 98. The authorities that conduct disciplinary
proceedings
The disciplinary proceedings shall be conducted
by the following authorities:
1) judicial boards of experts – against the
judges of local courts;
2) The Higher judicial board of experts of Ukraine
– against the judges of the courts of appeal;
3) The High Council of Justice – against the
judges of higher specialized courts and the
judges of the Supreme Court of Ukraine.
Article 99. The way of conducting the disciplinary
proceedings against judges
1. The disciplinary proceedings shall involve
checking the information on availability of
the grounds for making a judge answerable for
disciplinary misdeeds, opening a disciplinary
case and its consideration, also taking an appropriate
decision by the body conducting such proceedings.
2. The High Council of Justice shall conduct
disciplinary proceedings against the judges
of the Supreme Court of Ukraine and the judges
of higher specialized courts in keeping with
the procedure established by the Law of Ukraine
"On the High Council of Justice".
Article 100. Decision on the substance of
a disciplinary case of a judge
1. The decision on the substance of a disciplinary
case of judge shall be taken by a majority of
votes of members of a judicial board of experts
that attend its meeting.
2. The decision on the substance of a disciplinary
case shall indicate the name of a board, family
name, first name and patronymic of the judge
subject to disciplinary proceedings, the actions
involving the disciplinary misdeeds, explanations
of the judge and the information characterizing
the judge, the grounds for taking the decision
with relevant evidences, the measures of disciplinary
liability taken against the judge, or the grounds
for termination of the case, also the procedure
and terms of appealing against the decision.
3. When imposing a disciplinary punishment on
a judge, the board shall take into account the
nature of misdeed , its consequences, personal
traits of a judge, the degree of his/her guilt,
also the circumstances essential for determining
the degree of a disciplinary liability.
4. Provided a judicial board of experts has
decided that there exist no grounds for making
a judge answerable for a disciplinary misdeed,
the board shall terminate the proceedings and
inform the parties concerned about this.
5. Disciplinary punishment shall be imposed
on a judge not later than within a period of
six months after exposure of the judge's actions
classified as a disciplinary misdeed; this period
shall not include the time of temporary disability
of a judge or the time when a judge was on leave.
6. The appeal of a judge against the decision
of a judicial board of experts also against
the decision of the Higher board of experts
of Ukraine initiating the disciplinary proceedings
against a judge shall be filed pursuant to this
Law.
Article 101. Appeal against the decisions
on disciplinary liability of a judge
1. A judge of a local court may appeal against
the decision of a judicial board of experts
on his/her disciplinary liability to the High
Council of Justice not later than within one
month from the next day after receiving a copy
of such decision. The appeal shall be submitted
through the judicial board of experts that has
made the decision.
2. A judicial board of experts shall, within
a period of three days after receiving the appeal,
send it, together with the materials of a disciplinary
case, to the High Council of Justice.
3. A judge brought to account as a result of
disciplinary actions pursuant to a decision
of the Supreme Qualifying Commission of Ukraine
shall be entitled to appeal against such a decision
to the Supreme Judicial Council as indicated
in part one of this Article. Should that be
the case the Supreme Qualifying Commission of
Ukraine is supposed to send the said appeal
with all the pertaining materials to the Supreme
Judicial Council within three days at most upon
the receipt of the appeal.
4. A judge of a court of appeal may lodge a
complaint to the High Council of Justice against
the decision of the Higher judicial board experts
of Ukraine on initiating the disciplinary proceedings
against such judge; this shall be done in compliance
with the procedure specified in Part one of
this Article. Within the space of three days
after receiving the complaint, the Higher judicial
board of experts of Ukraine shall send the complaint,
together with other materials of a disciplinary
case, to the High Council of Justice.
5. Consideration of appeals by the High Council
of Justice shall be done pursuant to the Law
of Ukraine "On the High Council of Justice".
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