Chapter
20. OTHER ISSUES RELATING TO THE JUDICIAL SYSTEM
OF UKRAINE
Article 130. The Academy of justices of Ukraine
1. The Academy of judges of Ukraine shall be
available at the State judicial administration
of Ukraine to provide the courts with skilled
judges and staffers. The Academy of judges of
Ukraine shall be a state institution of a higher
learning to train and improve the skills of
judges and court staffers.
2. The following shall be the main tasks of
the Academy of judges of Ukraine:
1) Training the persons for the posts of judges
having the higher law education and meeting
the requirements set forth by the law for the
candidates to a position of a judge;
2) Improving the skills of judges and court
staffers;
3) Conducting the research into the improvement
of court performance;
4) Analyzing the world experience of court performance;
5) Scientific and procedural support of operation
of the courts of general jurisdiction and the
Constitutional Court of Ukraine.
3. The Academy of judges of Ukraine shall function
pursuant to its statute that shall be approved
by the Head of the State judicial administration
of Ukraine and the Chief Justice of the Supreme
Court of Ukraine as agreed with the Council
of judges of Ukraine.
4. The Academy of judges of Ukraine shall be
a legal entity with its own seal and bank accounts.
Article 131. The court apparatus
1. Organizational support of courts operation
shall be provided by the court apparatus headed
by the business manager. The business manager
is subordinate to the chairman of a court. The
business manager shall coordinate his/her work
with the relevant boards of the state judicial
administration.
2. The legal status of the court apparatus staff
shall be determined pursuant to the law on the
government service. As far as the amount of
salaries, the material, transportation, medical,
sanatorium-and-spa treatment support are concerned,
the court apparatus staff shall be placed on
the same footing as the relevant categories
of the managerial [apparatus] staff of central
state executive bodies.
3. The structure and numerical composition of
the apparatus of a local court, the apparatus
of the courts of appeal and the Court of cassation
of Ukraine shall be approved according to the
established procedure as proposed by the chairman
of a court within the limits of expenditures
for maintenance of a given court.
4. The structure and the manning table of the
apparatus of the Supreme Court of Ukraine and
the apparatus of a higher specialized court
shall be approved by the presidium of a relevant
court as proposed by the chairman of such a
court within the limits of expenditures for
maintenance of a given court.
5. The boards, departments and other structural
divisions may be set up in the apparatus of
the Supreme Court of Ukraine and the apparatus
of a higher specialized court that perform their
functions pursuant to the regulations on a relevant
structural division approved by the Chief Justice
of the Supreme Court of Ukraine or the chairman
of a relevant specialized court.
6. The court apparatus staff also includes the
assistants of judges, scientific consultants
and officers of court.
7. The courts shall be the legal entities; they
shall have the official seal showing the State
Emblem of Ukraine and their own names, their
own balance sheet and bank accounts.
Article 132. Libraries of courts
1. The library shall be created at each court
to provide the courts with enactments, special
scientific literature and the materials of judicial
practice. The library stocks include printed
editions and computer database.
2. The regulations on court libraries are approved
by the Chief Justice of the Supreme Court of
Ukraine.
Article 133. Officers of court
1. The service of officers of court shall be
available in each court. The officers of court
shall provide for observance of the fixed rules
in the court premises by the persons that are
present in a court, also fulfillment of the
orders of a court session chairman by such persons.
2. The officers of court shall be appointed
to their posts and removed from them by the
chairman of a relevant court.
3. The officers of court shall be provided with
the uniform whose models are approved by the
presidium of the Supreme Court of Ukraine.
4. The officers of court shall perform their
functions pursuant to this Law, procedural legislation
of Ukraine, relevant rules, also the orders
of the chairman of a relevant court and judges.
5. The procedure of establishment and operation
of the service of court officers shall be established
by the Regulations that are approved by the
Chief Justice of the Supreme Court of Ukraine
in coordination with the presidium of the Supreme
Court of Ukraine.
Article 134. Security and maintenance of public
order in courts
1. The symbols of judicial power shall be the
state symbols of Ukraine - The State Emblem
of Ukraine and the State Flag of Ukraine that
shall be used in courts pursuant to the law
and as prescribed by Article 20 of the Constitution
of Ukraine (254k/96-BP).
2. The powers of the court police and its operation
are determined by the Law.
3. Guarding of the premises of military courts
shall be provided by the military units of the
garrison on whose territory a relevant military
court is located.
Article 135. Symbols of the judicial power
1. The State Flag of Ukraine shall be hoisted
on a court building. The courtrooms shall be
provided with the picture of the State Emblem
of Ukraine, while the courtrooms of the Supreme
Court of Ukraine shall also be provided with
the State Flag of Ukraine.
2. While administering justice, a judge shall
wear the mantle with a breastplate of a set
pattern. Specimens of the mantle and the breastplate
shall be approved by the Council of judges of
Ukraine as proposed by the Chief Justice of
the Supreme Court of Ukraine.
Article 136. Certificates of judges, people's
assessors and jurors
1. Professional judges, also people's assessors
and jurors shall have the certificates of a
set pattern.
2. The specimens of certificates of judges,
people's assessors and jurors shall be approved
by the Chief Justice of the Supreme Court of
Ukraine in coordination with the Council of
judges of Ukraine.
3. Certificates of the judges elected for an
unlimited term shall be signed by the Chairman
of the Verkhovna Rada of Ukraine. Certificates
of the judges appointed to the post by the President
of Ukraine shall be signed by the President
of Ukraine. Certificates of the judges of general
courts appointed to the post for the first time
shall be signed by the Chief Justice of the
Supreme Court of Ukraine; certificates of the
judges of a specialized court appointed to the
post for the first time shall be signed by the
chairman of a relevant specialized court.
4. The certificates of people's assessors and
jurors shall be signed by the chairman of the
court in which people's assessors or jurors
administer justice.
Section VII. FINAL
AND TRANSITIONAL PROVISIONS
1. This law shall come into force and be enacted
from June 1, 2002 with the exception of the
provisions indicated in Item 2 of this section.
2. The provisions of this law pertaining to
the organization and functions of specialized
administrative courts, also the judicial self-government
pertaining to the said courts shall be effected
after establishing the system of administrative
courts pursuant to this Law.
3. After enacting this law:
1) District in city, city and city district
courts, also the military courts of garrisons
shall operate as local courts of general jurisdiction
and provide examination of criminal and civil
cases, also the cases pertaining to administrative
and legal relations falling within the jurisdiction
of said courts in accordance with the procedure
established by the law, prior to the enactment
of the relevant procedural laws specifying the
new judicial procedures pursuant to this Law;
2) The Court of Appeal of the Autonomous Republic
of Crimea, the courts of regions, the cities
of Kyiv and Sevastopol, the military courts
of appeal in regions and the Navy Court of Appeal
of Ukraine shall operate as the courts of appeal
of general jurisdiction and perform their duties
as regards criminal and civil cases, also the
cases pertaining to administrative and legal
relations falling within the jurisdiction of
said courts pursuant to the laws in force, prior
to enactment of the relevant procedural laws
establishing the new judicial procedure pursuant
to this Law;
3) Presidiums of the courts of appeal shall
be created under this Law in the space of three
months and perform the functions of a presidium
of a court of appeal specified by this Law;
4) The Court of appeal of Ukraine shall be set
up under this law in the space of six months
and examine the cases of appeal falling within
its jurisdiction by procedural law from the
time fixed by this law.
5) The Court of Cassation of Ukraine shall be
set up under this law in the space of six months
and examine the cases of appeal falling within
its jurisdiction by procedural law from the
time fixed by this law.
6) Commercial courts of the Autonomous Republic
of the Crimea, regions, the cities of Kyiv and
Sevastopol, commercial courts of appeal, Supreme
Court of Ukraine shall operate as local specialized
courts, specialized courts of appeal, Supreme
specialized court, and shall also consider the
commercial cases within their jurisdiction as
specified by the Commercial procedural code
of Ukraine pursuant to the law;
7) Presidium and Plenum of the Supreme commercial
court of Ukraine shall be set up within the
space of 3 months pursuant to this Law and function
as the presidium and plenum of a higher specialized
court;
8) Judges of all courts of general jurisdiction
shall perform the functions of a judge of a
relevant court pursuant to this law prior to
termination of the term for which these judges
have been elected or appointed;
The judges, having been transferred to the courts
of a lower level, being set up pursuant to this
law shall, at the moment of transfer, have the
material, social and medical support of a judge
until amending the law on the status of judges.
Chairmen of all courts and their deputies (except
Chief Justice of the Supreme Court of Ukraine
and his/her deputies), elected or appointed
to the post of Chairman of a court or a deputy
of a court prior to enactment of this law, shall
fulfill their functions under this Law until
the term of their election or appointment expires,
but not longer than 5 years.
9) The Supreme Court of Ukraine shall perform
its functions under this Law.
Prior to establishment of the Court of Cassation
of Ukraine the Supreme Court of Ukraine shall
consider the cases, following within the jurisdiction
of the Court if Cassation of Ukraine in accordance
with the procedure under procedural law.
Judicial chambers of the Supreme Court of Ukraine
will be set up and named under this law.
10) The presidium of the Supreme Court of Ukraine
shall be established pursuant to this Law in
the space of 3 months and perform the functions
thereof;
11) The Plenum of the Supreme Court of Ukraine
shall be established pursuant to this Law in
the space of 3 months and perform the functions
thereof;
12) Chief justice of the Supreme Court of Ukraine,
elected to this post, prior to the enactment
of this Law, shall fulfill his/her functions
prior to the election of Chief Justice of the
Supreme Court of Ukraine under this Law but
no longer than 2 years;
13) The first deputy and deputies Chief Justice
of the Supreme Court of Ukraine, elected or
appointed to these posts prior to enactment
of this Law shall perform their duties in compliance
with this Law prior to appointment to these
posts under this Law but no longer than 3 years;
14) Heads of the judicial chambers of the Supreme
Court of Ukraine appointed to these posts prior
to the enactment of this Law shall perform their
duties under this Law until termination of the
term for which they had been appointed but no
longer than 3 years. Deputy heads of the judicial
chambers appointed to these posts prior to the
enactment of this Law shall perform their duties
under this Law until termination of the term
for which they had been appointed but no longer
than for 5 years.
15) Each of the judicial chambers of the Supreme
Court of Ukraine dealing with the matters of
specialized courts shall include no more than
12 judges.
The judicial commercial chamber of the Supreme
Court of Ukraine shall be set up within 3 months
and within the limits of its manning table.
The judicial administrative chamber of the Supreme
Court of Ukraine shall be set up within the
limits of its manning table after the creation
of the higher administrative court of Ukraine
pursuant to this Law.
The judges that worked in the relevant courts
of appeal less than 5 years may be appointed,
within the space of 5 years, to the posts in
the judicial chambers of the Supreme Court of
Ukraine dealing with the cases of specialized
jurisdiction.
16) Prior to establishment of the system of
administrative courts pursuant to this law,
the cases falling within the jurisdiction of
administrative local courts, shall be considered
by the courts of general jurisdiction, while
the cases, falling within the jurisdiction of
administrative courts of appeal and the Higher
Administrative court of Ukraine shall be considered
by the general courts of appeal and the Court
of Cassation of Ukraine pursuant to procedural
law. This shall be done through specialization
of judges to consider the administrative cases
including the establishment of judicial boards
to consider such cases, prior to enactment of
the procedural law to this effect in line with
this Law.
The administrative courts shall be created within
3 years;
17) The list of people's assessors shall be
drawn up pursuant to this Law, not longer than
within 6 months, while the list of jurors shall
be drawn up within a term fixed by procedural
law;
18) The qualification commission of judges and
the Higher qualification commission of judges
of Ukraine shall perform their functions prior
to establishment of these commissions pursuant
to this Law but no longer than 6 months (the
higher qualification commission shall do so
in the period of time not exceeding 1 year);
19) The councils of judges and the Council of
judges of Ukraine shall be set up and function
pursuant to this Law;
20) The state judicial administration shall
be set up pursuant to this Law by January 1,
2003. The courts shall function and be supported
according to the existing procedure prior to
the establishment of the state judicial administration.
Up to January 1, 2003 the local courts and the
courts of appeal shall be financed, materially
and technically supported under the law of Ukraine
"On the State Budget of Ukraine for the
year 2002" (2905-14).
4. The Cabinet of Ministers of Ukraine shall:
provide, by September 1, 2002 the Court of Appeal
of Ukraine, the Court of Cassation of Ukraine,
the State judicial administration of Ukraine
and territorial boards of the State judicial
administration of Ukraine with premises, transport
and other essential material and technical facilities;
provide in the annual draft law on the State
budget of Ukraine special funds for conducting
the judicial and legal reform prior to completing
the establishment of Court system pursuant to
this Law, and introduction, in full scope, a
new order of judicial procedure pursuant to
the constitution of Ukraine (254k/96-BP);
bring, within the space of three months, after
enactment of this Law its regulations in line
with this Law and review the relevant resolutions;
approve the regulations on the salaries of people's
assessors and jurors;
submit, within the space of three months after
enactment of this Law, for consideration of
Verkhovna Rada of Ukraine, the draft laws on
amending the relevant laws in order to bring
them in line with this law.
5. The Verkhovna Rada Committee shall, within
three months after enactment of this Law, work
out and submit to the Verkhovna Rada of Ukraine
the draft law on amending the Law of Ukraine
"On the status of judges".
6. Recognize as invalid, from the date of enactment
of this Law.
The Law of Ukraine "On the judicial system"
(2022-10) (news of the Verkhovna Rada of the
Ukrainian Soviet Socialist Republic, 1981, Annex
2, #24, Article 357; news of the Verkhovna Rada
of Ukraine, 1992, #35, Article 508; 1994, #26,
Article 204; 1999, #4, Article 35; 2000, #50,
page 436; 2001, #9, page 38, #40, page 191);
The Law of Ukraine "On commercial courts"
(1142-12) (news of the Verkhovna Rada of the
Ukrainian Soviet Socialist Republic, 1991, #36,
page 469; news of the Verkhovna Rada of Ukraine
1992, #32, page 455, #48, Article 661; 1993,
#33, Article348; 1997, #18, Article 124; 2001,
#40, article 194), except for Article 8 of the
Section II "Final and transitional provisions".
The Law of Ukraine on the qualification commissions,
qualification certification and disciplinary
liability of judges of the courts of Ukraine
(3911-12) (news of the Verkhovna Rada of Ukraine
1994, #22, Article 138; 2001, #40, page 1192);
The Law of Ukraine "On the institutions
of judicial self-government" (3909-12)
((news of the Verkhovna Rada of Ukraine, 1994,
#22, Article 138; 2001, #33, Article 181)
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