Chapter
16. MEETINGS OF JUDGES AND CONFERENCES OF JUDGES
Article 105. The meeting of judges
1. The meetings of judges shall be understood
as the meeting of judges of a relevant court
at which they discuss the issues of internal
operation of this court and take the collective
decision on the issues under consideration.
2. The meetings of judges of a local court shall
be convened by the chairman of a relevant court
both on his/her initiative and at the request
of at least two thirds of the total number of
judges of a given court. The meetings of judges
of a court of appeal shall be convened by the
presidium of a relevant court on its own imitative
or as proposed by the chairman of a court, or
at the request of at least one third of the
total number of judges of this court.
3. The meetings of judges of a local court shall
be convened as necessary but at least once in
six months. The meetings of judges of a court
of appeal and the Court of Cassation of Ukraine
shall be convened at least once within a period
of three months.
4. A meeting of judges of a local court shall
be considered as duly competent if attended
by at least two thirds of the total number of
judges of this court. A meeting of judges of
a court of appeal and the Court of Cassation
of Ukraine shall be considered as duly competent
if attended by more that a half of the general
number of judges of a given court. The court
apparatus staff and other persons may be invited
to attend the meeting of judges but only the
judges of a given court may take part in the
vote.
5. The meetings of judges shall consider the
issues concerning the internal operation of
a court or the performance of individual judges
and the staffers of court apparatus and shall
take the pertinent decisions binding for the
meeting's executive body and the judges that
hold administrative posts in a given court.
The meetings shall hear the reports of judges
holding the administrative posts in a given
court, also the reports presented by heads of
structural divisions of the court apparatus.
The meetings of local courts and the courts
of appeal will elect the delegates to relevant
conferences of judges, while the meetings of
judges of the Court of Appeal of Ukraine and
the Court of Cassation of Ukraine will elect
the delegates to the congress of judges of Ukraine.
6. The meetings of judges may submit the proposals
on settlement of the issues concerning the internal
operation of a court to the state bodies and
local self-government authorities which shall
consider the proposals and comment on them
7. The meetings of judges may consider the practice
of application of the laws in force, work out
the proposals on improvement of this practice
and the laws in force, and submit the proposals
for consideration of the conferences of judges
and the congress of judges of Ukraine.
Article 106. The meetings and powers of judges
of the Supreme Court of Ukraine and higher courts
1. The meetings of judges of the Supreme Court
of Ukraine, the meetings of judges of higher
specialized court shall be convened by the presidium
of a relevant court on its own initiative, as
proposed by the chairman of a court or at the
request of at least one third of the total number
of judges of a given court.
2. The meetings of judges of the Supreme Court
of Ukraine, the meetings of judges of a higher
specialized court shall be convened as may be
necessary but al least once in three months.
3. The meetings of judges of the Supreme Court
of Ukraine and the meetings of judges of a higher
specialized court shall be considered as duly
competent if attended by more than a half of
the total number of judges of a given court.
The managerial staff of a court and other persons
may be invited to attend the meetings of judges
but only the judges of a given court have the
right to vote.
4. The meetings of judges shall consider the
issues concerning the internal operation of
a court or the performance of individual judges
and the staffers of court apparatus and shall
take the pertinent decisions binding for the
meeting's executive body and the judges that
hold administrative posts in a given court.
The meetings shall hear the reports of judges
holding the administrative posts in a given
court, also the reports presented by heads of
structural divisions of the court apparatus.
5. The meetings of judges of a higher specialized
court shall discuss the issues of judicial practice
and submit the proposals for consideration of
the conference of judges of relevant specialized
courts; the meetings shall also elect the delegates
to these conferences.
6. The meetings of judges of the Supreme Court
of Ukraine shall discuss applications of the
laws in force in judicial practice, the proposals
of judges of the Supreme Court of Ukraine concerning
the necessity of clarifications pertaining to
certain aspects of judicial practice, also elect
the delegates from the Supreme Court of Ukraine
to the Congress of judges of Ukraine.
7. The meetings of judges of the Supreme Court
of Ukraine and the judges of a higher specialized
courts may submit the proposals on solution
of the issues of court operation for consideration
of the state bodies and local self-government
authorities which shall study the proposals
and comment on them.
Article 107. Fulfillment of decisions made
by the meetings of judges
1. Fulfillment of decisions taken by the meetings
of judges of a local court shall be done by
the chairman of a relevant court as ordered
by the meetings.
2. Fulfillment of decisions taken by the meetings
of judges in the courts which have the presidiums
pursuant to this Law shall be done by this presidiums.
Article 108. Conferences of judges
1. A conference of judges shall be understood
as a meeting of representatives of judges (delegates)
of relevant courts at which they discuss the
operation of these courts and take a collective
decision on the issues under consideration.
2. A conference of judges of relevant courts
shall:
1) discuss and settle the issues concerning
the personnel, financial, organizational, material
and technical support of operation of relevant
courts;
2) hear the reports submitted by the relevant
bodies of a conference and the relevant boards
of the state judicial administration;
3) fix the number of members of a council of
judges and elect its members;
4) elect the members of a relevant judicial
board of experts;
5) work out the proposals to be submitted for
consideration of the congress of judges of Ukraine;
6) submit the proposals to the state bodies
and local self-government authorities concerning
the operation of relevant courts.
7) elect the delegates to the congress of judges
of Ukraine;
8) discuss other issues falling within jurisdiction
of the judicial self-government authorities.
3. A conference of judges takes the decisions
binding for its executive bodies and the judges
that hold the administrative posts in relevant
courts.
4. A conference of judges shall elect the council
of judges by open or secret ballot from among
the delegates of a conference; this council
is an executive body of a conference of judges.
Article 109. Convocation of the conferences
of judges
1. A conference of judges shall be convened
at least once a year by the decision made by
a relevant council of judges. A conference of
judges may be also convened at the request of
at least on third of the delegates that attended
the previous conference of judges. Provided
a council of judges avoids fulfilling the said
request, the persons who initiated the convocation
of a conference (at least one third of the delegates
of the previous conference) shall set up the
organizational bureau for convocation a conference
of judges. This bureau has the powers of a council
of judges concerning the convocation of a conference.
2. The judges of relevant courts shall be informed
about the date of beginning of a conference
and its agenda not later than 15 days before
the beginning of a conference.
Article 110. Procedure of holding the conferences
of judges
1. A conference of judges shall be considered
as duly competent if attended by at least two
thirds of the total number of delegates of relevant
courts. A conference may also be attended by
the judges who are not the delegates to a conference.
2. The delegates to a conference shall be elected
by the meetings of judges through secret or
open ballot on an alternative basis with free
nomination of the persons for election as the
delegates to a conference. The delegates to
a conference of military courts shall be represented
by all military judges of Ukraine.
3. A conference of judges is usually opened
by the chairman of a relevant council of judges;
provided a conference has been convened not
by the decision of a council of judges, it shall
be opened by the authorized representative of
the organizational bureau for convocation of
a conference of judges.
4. A conference of judges shall elect by open
ballot from among the delegates to a conference
the presidium of a conference and other working
bodies of a conference; the number of members
of the presidium is fixed by the decision of
a conference. The presidium shall supervise
the work of a conference of judges.
5. A conference of judges shall approve the
agenda of a conference and its regulations.
6. A conference of judges may be attended by
representatives of the state bodies, local self-government
authorities, scientific and educational institutions,
law-enforcement bodies, public organizations.
7. The decision of a conference of judges shall
be taken by a majority of votes of the delegates
to a conference by open or secret ballot.
8. Other issues of holding a conference of judges
are specified by the regulations of a relevant
conference of judges.
Article 111. The councils of judges
1. Within the period between the conferences
of judges the functions of a judicial self-government
shall be performed by a relevant council of
judges.
2. A council of judges shall elect from among
its members the chairman, deputy chairman and
secretary of a council of judges. Chairman and
deputy chairmen of the courts of appeal and
higher courts, head of the military chamber
of the Court of Appeal of Ukraine and head of
the military chamber of the Court of Cassation
of Ukraine shall not be elected to the post
of chairman of a relevant council of judges.
3. Within the period between the conferences
of judges a council of judges shall provide
for execution of the decisions taken by a conference
and control over their observance, also decide
on convocation of the next conference. The powers
and operation of a council of judges shall be
specified by this Law and the regulations of
a council of judges approved by a conference
of judges.
4. A council of judges shall:
1) consider the issues of legal and social protection
of judges, provision of consumer and household
services for judges and their families, and
take the decisions to this effect;
2) exercise control over the operation of relevant
courts and relevant departments of the state
and judicial administration, hear the progress
reports of chairmen of these courts and officials
of the state judicial administration;
3) consider the issues concerning the appointment
of judges to administrative posts in courts
in the manner prescribed by this law;
4) hear the reports of members of relevant judicial
boards of experts concerning their work in these
boards;
5) submit the proposals on operation of relevant
courts for consideration of the state bodies
and local self-government authorities;
6) hear, at least once a year, the information
of the state judicial administration of Ukraine
on support of operation of the courts of general
jurisdiction.
7) take other decisions falling within the limits
of its power.
5. The decisions taken by a council of judges
shall be binding for the judges holding the
administrative posts on relevant courts. Decision
of a council of judges may be canceled only
by a conference of judges and suspended by the
decision of the Council of judges of Ukraine.
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