Chapter
2. PRINCIPLES OF ADMINISTRATION OF JUSTICE IN
UKRAINE
Article 5. Justice administered exclusively
by courts
1. Justice in Ukraine is administered exclusively
by courts. The delegation of court functions,
and also appropriation of these functions by
other bodies or officials shall not be permitted.
2. The persons that have illegally assumed the
court functions shall be liable under the law.
3. The people shall directly participate in
administration of justice through people's assessors
and jurors. The participation of people's assessors
and jurors in administration of justice is their
public duty.
Article 6. The right to judicial protection
1. All legal persons of law shall enjoy a guaranteed
protection of their rights, freedoms and legitimate
interests by an independent and unbiased court
created pursuant to the law.
2. The courts of first instance [trial courts],
the courts of appeal and the courts of cassation
[review] shall operate in Ukraine for the purpose
of comprehensive, complete and unbiased consideration
of cases and the lawfulness of court rulings.
3. Nobody shall be denied the right to have
his/their case heard in a court having the jurisdiction
over that case prescribed by procedural law.
The agreements on refusal of applying to court
for judicial protection are regarded as invalid.
4. Nobody shall be denied the right to take
part in consideration of his/their case in a
court of any instance in line with the procedure
established by the provisions of procedural
law.
5. Foreign nationals, stateless persons and
foreign legal entities enjoy the right in Ukraine
to legal protection equally with the citizens
and legal entities of Ukraine.
Article 7. Equality before the law and the
court
Justice in Ukraine is administered on the principles
of equality of all participants in legal proceedings
before the law and the court without distinction
of their sex, race, color, language, political,
religious and other convictions and beliefs,
national or social origin, property status,
type and nature of occupation, domicile and
other circumstances.
Article 8. Legal assistance during the court
hearings
1. Each person has the right to legal assistance
during the court hearings.
2. The Bar shall be available for rendering
the legal assistance during the court hearings,
while in cases, fixed by the law, such assistance
may be also provided by other persons. The procedure
and conditions of rendering the legal assistance
are determined by the law. In cases provided
for by the law the legal assistance may be given
free of charge.
Article 9. Transparency of the court proceedings
1. Nobody shall be limited in the right to receive
in a court the written or verbal information
about the results of consideration of his/their
case by court.
2. The proceedings in all courts shall be open
to the public except the cases defined by procedural
law. Participants in court proceedings and other
persons, attending the public hearings, may
make notes in writing. Photographing, filming,
TV, video and sound recording in a courtroom
with the use of standard equipment, also broadcasting
of a court session may be allowed by permission
of a court in the manner prescribed by procedural
law.
3. Hearings in camera may be allowed by court's
decision in cases set forth by procedural law.
4. When hearing a case, the court proceedings
are registered by technical facilities in the
manner prescribed by procedural law.
Article 10. Language of Judicial Procedure
1. Judicial procedure in Ukraine shall be carried
out in the official national language.
2. Other languages may also be applied in cases
provided for by the law and pursuant to the
procedure stipulated thereby.
3.Persons that have no or incomplete command
of the official language are entitled to use
their natural languages and take advantage of
translator/interpreter services in the course
of a trial. In cases provided for by procedural
law this right shall be secured by state.
Article 11. The binding force of court rulings
1. The court rulings that mean the end of hearing
a case in a court shall be approved in the name
of Ukraine.
2. The court rulings that have become legally
valid are binding for all state bodies, local
self-government authorities, their officials,
public associations and other organizations,
citizens and legal entities in the whole territory
of Ukraine. The binding force of court rulings
for other courts, prosecutor's offices, investigation
and inquest bodies is specified by procedural
law.
3. The court rulings of other countries are
binding in the territory of Ukraine provided
they are recognized by a relevant court of Ukraine
in accordance with the procedure established
by the Ukrainian legislation pursuant to the
international treaties of Ukraine whose binding
force has been approved by the Verkhovna Rada
[parliament] of Ukraine.
4. Failure to comply with the court rulings
shall entail legal liability under the law.
Article 12. The right to appeal against court
rulings
Participants in court proceedings and other
persons have the right to appeal against and
take review of a court ruling in cases and according
to the procedure set forth by procedural law.
Article 13. Collective and one justice consideration
of cases
1. In the courts of first instance the cases
may be considered individually by one judge,
by the panel of judges or by a judge and people's
assessors, also by the jury in cases fixed by
procedural law.
2. In case of one justice examination a judge
acts as a court.
3. The cases involving the appeals, cassation
and other circumstances specified by the law
shall be considered by a court collectively
by at least three professional judges pursuant
to the law. The cases involving the repeated
cassation shall be heard by the judges of a
relevant judicial chamber of the Supreme Court
of Ukraine in the manner prescribed by procedural
law.
Article 14. Independence of courts and judges
1. Courts administer justice independently.
When administering justice, judges shall neither
depend on any influence nor shall they be accountable
to whatsoever authority; and they shall abide
only by the law.
2. Guarantees of the independence of courts
and judges are fixed by the Constitution of
Ukraine, this Law and others laws currently
effective in Ukraine.
3. State bodies and officials, local self-government
authorities, their officials, also legal entities,
citizens and their associations shall respect
the independence of judges and not encroach
upon it.
4. Courts shall not hear the cases submitted
by the citizens, officials or institutions that
are not the participants in the court proceedings
pursuant to the law unless specified otherwise
by procedural law.
5. Interference into administration of justice,
influence upon a court or judges in any manner,
contempt of court or against judges, collection,
keeping, use and dissemination of the information
in verbal, written or another form with the
aim of damaging their authority and affecting
the impartiality of justice shall be prohibited
and legally liable pursuant to the law.
6. Judges are guaranteed the freedom of unbiased
consideration of court cases pursuant to their
personal convictions.
7. Independence of courts and judges shall be
secured by the following:
special procedure of appointment, election,
answerability and dismissal of judges;
permanent status of judges, immunity of judges;
procedure of administering justice, secrecy
of making a court ruling in the manner prescribed
by procedural law;
prohibition of interference into administration
of justice;
legal liability for the contempt of a court
or against a judge;
special procedure of funding, institutional,
personnel, material, technical and information
support of courts;
adequate material and social support of judges;
functioning of judicial self-administration
authorities;
means of personal security of judges, protection
of their families, property and other means
of their legal protection set forth by the law.
8. When passing the new laws or amending the
laws currently effective in Ukraine, it is prohibited
to narrow the contents and scope of the guarantees
of independence of courts, independence of judges
and their legal protection specified by the
law.
Article 15. Immunity of judges
1. The immunity of judges is guaranteed by the
Constitution of Ukraine, the law on the status
of judges and other pertinent laws.
2. the guarantees of immunity of judges also
apply to people's assessors and jurors when
they perform the duties in a court involving
the administration of justice.
Article 16. Permanent status of judges
1. Professional judges of the courts of general
jurisdiction shall hold their posts for an unlimited
term with the exception of the judges that are
appointed to the post for the first time.
2. The judges elected for an unlimited term
shall hold the post of a judge until reaching
the age of 65. Prior to termination of this
term they may be dismissed only on the grounds
specified in Article 126 of the Constitution
of Ukraine.
Article 17. Judicial self-government
The judicial self-government shall be applied
to solve the problems pertaining to the internal
activity of courts pursuant to this Law.
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