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Chapter
17. THE HIGHEST JUDICIAL SELF-GOVERNMENT AUTHORITIES
Article 112. The congress of judges of Ukraine
1. The highest judicial self-government authority
is the congress of judges of Ukraine that is
convened once in three years.
2. The congress of judges of Ukraine shall:
1) hear the report of the Council of judges
of Ukraine on fulfilling the tasks of the judicial
self-government authorities relating to the
provision of independence of courts and judges,
the state of affairs in the field of organizational,
financial, material, technical, personnel, scientific
and information support of courts;
2) hear the progress reports of the Higher judicial
board of experts of Ukraine and chairman of
the State judicial administration of Ukraine;
3) appoint and dismiss the judges of the Constitutional
Court of Ukraine in compliance with the Constitution
of Ukraine and the Law;
4) appoint and dismiss the members of the High
Council of Justice in compliance with the Constitution
of Ukraine and the law;
5) elect the members of the Higher judicial
board of experts of Ukraine;
6) submit the proposals on operation of courts
for consideration of the state bodies and officials;
7) determine the number of members of the Council
of judges of Ukraine and elect the Council of
judges of Ukraine;
8) consider other issues pertaining to the judicial
self-government.
3. The congress of judges of Ukraine takes the
decisions that shall be binding for all judicial
self-government authorities and the judges holding
the administrative posts in the courts of all
levels.
Article 113. Convocation of the council of
judges of Ukraine
1. A regular congress of judges of Ukraine shall
be convened by the Council of judges of Ukraine.
An extraordinary congress of judges of Ukraine
may be also convened at the request of at least
one third of the delegates to a conference of
judges of general courts, or at the request
of a conference of judges of specialized courts,
or as requested by a general meeting of the
Supreme Court of Ukraine.
2. The Council of judges of Ukraine shall decide
on convocation of a regular or an extraordinary
congress, approve the agenda of a congress,
fix the date and the place of holding a congress
and the norm of representation of judges at
it.
3. The President of Ukraine, people's deputies
of Ukraine, Commissioner for human rights of
the Verkhovna Rada of Ukraine, members of the
High Council of Justice, representatives of
the government and other central state bodies,
representatives of scientific and educational
institutions, public organizations may be invited
to participate in the work of a congress.
4. Provided the Council of judges of Ukraine
does not convene the Congress of judges at the
request of conferences or meetings of judges
as per Part one of this Article, the initiators
of convocation of an extraordinary congress
will set up the organizational committee for
convocation of a congress of judges of Ukraine
that shall have the powers of the Council of
judges of Ukraine concerning the convocation
of a congress. In this case the organizational
committee shall, without any delay, publish
the information about its establishment in central
official press and fix the date of holding an
extraordinary congress of judges not before
than two months from the day of establishment
of the organizational committee.
5. The judges of all courts shall be informed
about the date of holding a congress of judges
of Ukraine and its agenda not later than 30
days before the beginning of a congress.
Article 114. Election of delegates to a congress
of judges of Ukraine
1. The delegates to a congress of judges of
Ukraine shall be elected by the conferences
of judges while the delegates from the Court
of Appeal of Ukraine shall be elected by the
meeting of this court in accordance with the
norm of representation fixed by the Council
of judges of Ukraine. The general meeting of
the Constitutional Court of Ukraine shall elect
three delegates from among the judges of this
court to a congress of judges of Ukraine.
2. The delegates to a congress of judges of
Ukraine shall be elected by open or secret ballot,
on an alternative basis with free nomination
for election.
Article 115. The procedure of holding a congress
of judges of Ukraine
1. A congress of judges of Ukraine shall be
considered as legally competent if attended
by at least two thirds of the total number of
elected delegates.
2. A congress of judges of Ukraine shall be
opened by chairman of the Council of judges
of Ukraine; In case of absence of the chairman
this shall be done by the deputy chairman or
secretary of the Council of judges of Ukraine.
3. A congress shall elect by open ballot the
congress presidium whose membership is fixed
by a congress. The presidium shall supervise
the work of a congress of judges of Ukraine.
4. A congress shall discuss and approve its
agenda and standing orders, elect the credentials
commission, secretariat and other working bodies.
5. The work of a congress of judges of Ukraine
shall be duly recorded.
6. The decisions of a congress of judges of
Ukraine shall be taken by a majority of votes
by open or secret ballot. The issues indicated
in Items 3-5, Part 2, Article 104 of this Law
shall be settled by secret ballot.
7. Other issues relating to the procedure of
holding a congress of judges of Ukraine shall
be regulated by the standing orders of a congress
of judges of Ukraine approved by a congress.
Article 116. The Council of judges of Ukraine
1. The Council of judges of Ukraine shall be
the highest judicial self-government authority
within the period between the congresses of
judges of Ukraine.
2. The Council of judges of Ukraine shall be
elected by a congress of judges of Ukraine;
the members of this Council and their number
are determined by the decision of a congress.
The Council of judges of Ukraine shall include
at least one representative of the judges of
the Court of Appeal of Ukraine, the Court of
Cassation of Ukraine, the conference of judges
of military courts, the conference of judges
of specialized commercial courts and the conference
of judges of specialized administrative courts,
the judges of the Supreme Court of Ukraine,
also the judges of the Constitutional Court
of Ukraine. The representatives of judges of
general local courts and the courts of appeal
shall account for at least a half of the general
number of members of the Council of judges of
Ukraine. The proposals on nomination of the
candidates to the Council of judges of Ukraine
may be submitted by the delegations from a conference
or a meeting of judges, also by individual delegates
of the congress.
3. Members of the Council of judges of Ukraine
shall elect at its meeting from among its members
the chairman of the Council of judges of Ukraine,
deputy chairman and secretary, as well as the
presidium of the Council of judges of Ukraine.
The presidium members and their number are fixed
by the Council of judges of Ukraine pursuant
to the provisions about the Council of judges
of Ukraine that are approved by a congress of
judges of Ukraine.
4. Within the period between the congresses,
the Council of judges of Ukraine shall provide
for control and execution of the congress decisions,
also decide on the convocation of a congress.
The powers and procedure of work of the Council
of judges of Ukraine are determined by this
Law and the provisions on the Council of judges
of Ukraine.
5. The Council of judges of Ukraine shall:
1) provide for taking the measures essential
for independence of courts and judges, improvement
of the organizational, financial, material,
technical, personnel, scientific and information
support of courts;
2) consider the issues on legal and social protection
of judges and their families, take the decisions
to this effect;
3) exercise control over the operation of courts
and the state judicial administration, hear
the progress reports of court chairmen and officials
of the state judicial administration;
4) settle the issues on the appointment of judges
to the administrative posts in courts in the
manner prescribed by this Law.
5) hear the reports on the work of members of
the Higher judicial board of experts of Ukraine
in this Board.
6) submit the proposals pertaining to the operation
of courts for consideration of the state bodies
and local self-government authorities.
7) have the right to suspend the decisions made
by the councils of judges that run counter to
the Constitution of Ukraine and the laws in
force;
8) take other decisions on the issues within
the limits of its power.
6. The decisions taken by the Council of judges
of Ukraine shall be binding for all judicial
self-government authorities. A decision of the
Council of judges of Ukraine may be canceled
by a congress of judges of Ukraine.
Article 117. Support of operation of the judicial
self-government authorities
The work of a congress of judges of Ukraine,
the activities of the Council of judges of Ukraine,
the conferences of judges and the councils of
judges shall be financially backed by the state
judicial administration from the State budget
of Ukraine as per Section VI of this Law. |
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