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Chapter
19. THE STATE JUDICIAL ADMINISTRATION
Article 125. Status of the State judicial
administration
1. The State judicial administration of Ukraine
is a central executive body providing for the
organizational support of the courts of general
jurisdiction, also other bodies and institutions
of the court system pursuant to this Law. The
operation of the Supreme Court of Ukraine and
the Constitutional Court of Ukraine shall be
provided by the apparatus of these courts.
2. The State judicial administration shall consist
of the State judicial administration of Ukraine
and the boards of the State judicial administration
in the Autonomous Republic of Crimea, regions,
the cities of Kyiv and Sevastopol (territorial
boards of this administration). The territorial
boards shall be subordinate to the State judicial
administration of Ukraine. The structure of
the State judicial administration of Ukraine
shall also include the divisions for administration
of military courts.
3. The officials of the state judicial administration
shall have the status of civil servants.
4. The State judicial administration of Ukraine
shall be a legal entity; it shall also have
the seal showing the State Emblem of Ukraine
and its own name, its own balance sheet and
bank accounts.
Article 126. Powers of the State judicial
administration
1. The State judicial administration shall:
1) provide for the proper conditions essential
for operation of the courts of general jurisdiction,
the judicial boards of experts, the judicial
self-government authorities and the Academy
of justices of Ukraine;
2) study the practical aspects of operation
of courts, work out and submit the proposals
on improvement of the judicial practice in accordance
with the established procedure;
3) analyze the personnel issues of court apparatus,
determine the number of experts, make the requests
for training the specialists through the Ministry
of Justice and other pertinent institutions.
4) consider the issues concerning the court
apparatus staff, forecast the need for specialists,
submit the requests for training the specialists
through the Ministry of Justice of Ukraine and
other state bodies.
5) keep the statistical and personal registration
of the information about judges, prepare the
materials on the assignment, election and dismissal
of judges;
6) provide for the conditions essential for
the improvement of skills of judges and court
apparatus personnel, create the system of advanced
training;
7) organize the practical training in judicial
institutions and elaborate the relevant curricula;
8) provide for keeping the court statistics,
office work and records; supervise the office
work in the courts of general jurisdiction;
9) prepare the materials for the proposals concerning
the budget of courts, provide for funding the
courts pursuant to this Law;
10) perform the functions of the main manager
of funds of the State budget of Ukraine in the
manner prescribed by this Law;
11) provide for the material and social security
of judges and the court apparatus staff, including
the retired judges.
12) provide for the medical services, sanatorium-and-spa
treatment of judges and the court apparatus
staff, take due measures for providing them
with adequate housing;
13) ensure the independence, immunity and security
of judges in coordination with the judicial
self-government authorities, courts and law-enforcement
bodies;
14) organize and finance the construction and
repair of the court buildings and premises,
provide them with proper technical facilities;
15) provide the courts with computer-aided support
essential for legal proceedings, office work
and operation of courts; provide the courts
with technical facilities for recording the
court's sessions.
16) maintain contacts with relevant bodies and
institutions, including those of other countries
with the aim of improving the operation and
support of courts;
17) organize the work of the officers of court;
18) exercise other powers specified by the Law.
2. The State judicial administration shall exercise
its powers in compliance with the Constitution
of Ukraine, this Law, enactments of the President
of Ukraine, the Cabinet of Ministers of Ukraine,
other pertinent enactments, the Regulations
on the State judicial administration, enactments
of the Supreme Court of Ukraine, decisions of
a congress of judges of Ukraine and The Council
of judges of Ukraine.
Article 127. Chairman of the State judicial
administration of Ukraine
1. The State judicial administration shall be
headed by the Chairman of the State judicial
administration of Ukraine.
2. The Chairman of the State judicial administration
of Ukraine shall be appointed to this post and
dismissed from it by the President of Ukraine
pursuant to the procedure, established for appointment
of the heads of central executive bodies on
the basis of the proposal submitted by the Prime-Minister
of Ukraine in coordination with The Council
of judges of Ukraine. The Chairman of the State
judicial administration of Ukraine may be also
removed from the post as recommended by a congress
of judges of Ukraine.
3. The Chairman of the State judicial administration
of Ukraine shall not be a member of other state
bodies and judicial self-government authorities,
also shall not engage in entrepreneurship and
other activities with the exception of the teaching,
scientific and other kinds of paid creative
activity in his/her free time.
4. The Chairman of the State judicial administration
of Ukraine shall:
1) supervise the operation of the State judicial
administration of Ukraine, be responsible for
the execution of tasks placed upon it;
2) organize the operation of the State judicial
administration of Ukraine;
3) appoint and dismiss the employees of the
State judicial administration of Ukraine pursuant
to the law and the Regulations on the State
judicial administration of Ukraine;
4) approve the rules on structural divisions
of the State judicial administration of Ukraine,
specify the duties of employees of the State
judicial administration of Ukraine;
5) fix the salaries of employees of the State
judicial administration of Ukraine, assign to
the them the ranks of a civil servant, provide
them with incentives and mete out the disciplinary
punishments pursuant to the labor law;
6) submit the progress reports to the Council
of judges of Ukraine;
7) participate in elaboration of the proposals
to the draft State budget of Ukraine on financial
backing of the court system;
8) exercise other powers under the law.
4. The Chairman of the State judicial administration
of Ukraine issues the orders and instructions
falling within his/her jurisdiction.
5. The Chairman of the State judicial administration
shall have the deputy chairmen that are appointed
and dismissed by the Chairman of the State judicial
administration of Ukraine with the consent of
the Council of judges of Ukraine. The duties
of deputy chairmen of the State judicial administration
of Ukraine shall be assigned by the Chairman
of the State judicial administration of Ukraine.
Article 128. Territorial boards of the state
judicial administration
1. The territorial boards of the state judicial
administration shall be the territorial bodies
of the State judicial administration of Ukraine.
2. The territorial boards of the State judicial
administration shall be run by the manager that
shall be appointed to this post and removed
from it by the Head of the State judicial administration
of Ukraine in coordination with the Council
of judges of Ukraine.
3. The structure and manning table of a territorial
board of the state judicial administration shall
be approved by the Head of the State judicial
administration of Ukraine following the proposal
of the manager of a territorial board of the
state judicial administration.
4. A territorial board of the state judicial
administration shall be a legal entity, have
its own seal showing the State Emblem of Ukraine
with its own name, its own balance sheet and
bank accounts.
5. Territorial boards of the state judicial
administration shall function pursuant to the
regulations on the state judicial administration
that shall be approved by the decree of the
President of Ukraine as submitted by the Prime
Minister of Ukraine agreed with the Council
of judges of Ukraine. |
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