Section
VI. SUPPORT OF COURTS AND OTHER ISSUES PERTAINING
TO THE JUDICIAL SYSTEM
Chapter 18. GENERAL ISSUES OF SUPPORT OF COURTS
Article 118. Peculiarities of functioning
of the judicial power
1.Judicial power in Ukraine functions due to
a unified system composed of courts of general
jurisdiction and Constitutional Court of Ukraine..
2. Organizational provisions for judicial system
are vested with the State Judicial Administration
established and run pursuant to this Law. Organizational
provisions are understood as those referred
to financing, material and technical support,
human resources, information and aimed at creating
the environment for law and justice to be administered
freely and in full.
3. Organizational provisions for the judicial
power are secured by judicial as well as other
competent authorities in compliance with this
and other laws.
Ukraine’s Constitutional Court implements its
activities in the order stipulated by this Law,
by the Law on the Constitutional Court of Ukraine
and other legal acts.
Article 119. Unity of the system of support
of judicial power
1. The single system shall be available in Ukraine
to support the judicial power represented by
the courts of general jurisdiction and the Constitutional
Court of Ukraine.
2. The state body in charge of the organizational
support of courts shall be the State judicial
administration of Ukraine that is created and
functions pursuant to this Law. According to
this Law the organizational support of courts
shall include the measures of financial, material,
technical, personnel, informational and organizational-technical
nature aimed at creation of the conditions for
adequate and independent administration of justice.
3. The Ministry of Justice of Ukraine, other
state executive bodies may participate in the
support of operation of courts in the manner
prescribed by this and other laws. The procedure
of organizational support of operation of the
Constitutional Court of Ukraine shall be established
by this Law, the Law of Ukraine "On the
Constitutional Court of Ukraine", other
laws.
Article 120. Principles of funding the courts
1. All courts in Ukraine shall be financially
backed from the State budget of Ukraine.
2. The functions of the main manager of the
funds of the State budget of Ukraine allocated
for the financial support of courts shall be
performed by:
1) the Supreme Court of Ukraine, the Constitutional
Court of Ukraine, the higher specialized courts
– concerning the financial support of these
judicial institutions;
2) the State judicial administration of Ukraine
concerning the financial support of all other
courts of general jurisdiction, also the financial
support of the judicial boards of experts of
all levels, the judicial self-government authorities
and the State judicial administration of Ukraine.
3. Should Ukraine’s State Budget for any current
year be not approved the courts are to be financed
in compliance with the procedure stipulated
in Ukraine’s Budgetary Code. (2542-14).
Article 121. The procedure of funding the
courts
1. The courts of general jurisdiction shall
be funded on the basis of the cost estimates
and monthly lists [specifications] of the expenditures
approved pursuant to this Law within the limits
of a monthly amount of expenditures fixed by
the State budget of Ukraine for a current fiscal
year.
2. The expenditures for the maintenance of courts
shall, not later than the tenth day of each
month, be transferred by the State treasury
of Ukraine and its local offices to the accounts
of the Supreme Court of Ukraine, the higher
specialized courts, other judicial institutions
having the status of a legal entity, also to
the accounts of territorial boards of the State
for financing other courts, bodies and institutions
specified by this Law.
3. Provided the State budget of Ukraine for
a current fiscal year has not been adopted,
the courts shall be monthly financed at the
rate of one twelfth of the total amount of expenses
for their maintenance allocated for the previous
fiscal year pursuant to the Law of Ukraine "On
the State budget of Ukraine"; this shall
be done in compliance with the procedure established
by Part two of this Article prior to adoption
of the Law of Ukraine "On the State budget
of Ukraine" for a current year.
4. In the event of violation of the term of
funds transfer, fixed by Part two of this Article
such funds shall be indisputably taken from
the single treasury account and passed to the
relevant accounts within the space of five days
by a relevant financial and credit institution
at which the account was opened on the basis
of payment order of the account holder.
Article 122. Material and technical support
of the courts
1. The material and technical support of local
courts shall be provided by the state judicial
administration and conducted on the basis of
orders made by a relevant court within the limits
of the cost estimate for the maintenance of
a given court. As regards the support of military
courts, the State judicial administration shall
act together with relevant institutions of the
Ministry of Defense of Ukraine. The members
of military courts shall be entitled to all
kinds of allowances as the personnel of military
units and institutions of the Ministry of Defense
of Ukraine.
2. The courts and other judicial institutions
having the status of a legal entity shall provide
for their current needs either independently
or on the basis of individual orders through
the State judicial administration. The expenditures
essential for overhauls, reconstruction and
construction of the premises for courts, also
other capital expenditures shall be effected
through the State judicial administration.
Article 123. Salaries, consumer services,
social protection of judges and court personnel
1. The amount of salary (cash security) of judges
shall be adequate for their financial independence
and fixed pursuant to the law of Ukraine "On
the status of judges" and other enactments
concerning the conditions of remuneration of
labor of judges; the said amount shall not be
reduced.
2. The amount of salaries of the staffers of
court apparatus and the State judicial administration,
the consumer and household services rendered
to them and the level of their social protection
are specified by the law on the government service
and other enactments. The said amount shall
not be less than that of the relevant categories
of civil servants engaged in the system of legislative
and executive power.
3. The State judicial administration of Ukraine
shall cover the expenses for burial and perpetuation
of the memory of judges, including the retired
judges.
Article 124. Expense account of judges
The cost estimate of the Supreme Court of Ukraine
and the cost estimates of higher specialized
courts shall include the cost account (expenses
of representation) of judges. |
