Section
II. COURTS OF GENERAL JURISDICTION
Chapter 3. INSTITUTIONAL FRAMEWORK OF THE SYSTEM
OF COURTS OF GENERAL JURISDICTION
Article 18. Types of the courts of general
jurisdiction
1. In accordance with the Constitution of Ukraine,
the system of general jurisdiction courts is
based on the principles of territorial division
and specialization.
2. The system of courts of general jurisdiction
includes the following:
1) local courts;
2) courts of appeal;
3) the Court of Cassation of Ukraine;
4) higher specialized courts;
5) the Supreme Court of Ukraine.
3. The highest judicial authority in the system
of general jurisdiction courts is the Supreme
Court of Ukraine. The highest judicial authorities
of specialized courts are the relevant higher
courts.
4. The unity of the system of general jurisdiction
courts shall be secured by:
common principles of organization and operation
of courts;
single status of judges;
binding force of the rules of judicial procedure,
fixed by the law, for all courts;
identical application of laws by the courts
of general jurisdiction secured by the Supreme
Court of Ukraine;
binding force of the court rulings in the whole
territory of Ukraine;
establishment of the single procedure of support
of courts operation and funding of courts exclusively
from the State budget of Ukraine;
settlement of the issues relating to internal
operation of courts by the judicial self-government
authorities.
Article 19. Specialization of the courts of
general jurisdiction
1. In accordance with the Constitution of Ukraine,
general and specialized courts of different
jurisdictions are set up within the system of
courts of general jurisdiction. The military
courts are classified as the general courts,
and they shall administer justice in the Armed
Forces of Ukraine and other military units established
pursuant to the law.
2. The specialized courts are represented by
commercial, administrative and other courts
that are classified as the specialized courts.
3. Specialization of courts for consideration
of specific categories of cases of a given jurisdiction
may be implemented in the courts of different
jurisdictions.
Article 20. Establishment of courts
1.Courts of general jurisdiction shall be established
and dissolved by the President of Ukraine pursuant
to this Law and as recommended by the Minister
of Justice of Ukraine and agreed with the Chief
Justice of the Supreme Court of Ukraine or with
the chairman of a relevant higher specialized
court.
2.Court location and status shall be determined
accounting for administrative, territorial and
specialization principles.
3.Courts shall be established or dissolved on
such grounds as the changes in administrative
system and territorial division, redeployment
of troops, restructuring of Ukraine’s Armed
Forces or thee changes in the court system as
prescribed by this Law or on any other grounds
stipulated by the law.
4.The number of judges at courts shall be determined
by the President of Ukraine on the basis of
recommendations of the Head of Ukraine’s Judicial
Administration agreed with the Chief Justice
of the Supreme Court of Ukraine or with the
chairman of a relevant higher specialized court
in view of the suggested workload and within
the limits of state budget allocations for maintenance
of courts.
5. Chairman and deputy chairman of a court shall
be appointed to these posts for a term of 5
years by the President of Ukraine from a number
of the nominated judges; the said officials
shall be removed from the posts also by the
President of Ukraine; both the appointment and
removal are based on recommendations of the
Chief Justice of the Supreme Court of Ukraine
(or chairman of a relevant higher specialized
court as far as specialized courts are concerned)
originating from the Council of Judges of Ukraine
(or a relevant council of judges as far as specialized
courts are concerned.)
Appointments to other administrative positions
as well as appointments (elections) to administrative
posts at the Supreme Court of Ukraine and dismissals
from these posts shall be carried out in compliance
with this Law. A judge may be removed from his
administrative post (unless it is with the Supreme
Court of Ukraine) in compliance with the procedure
stipulated in this Article and also as initiated
by the Supreme Council of Justice.
A judge may be appointed to an administrative
post solely in compliance with and abidance
by the provisions stipulated in this Article.
6.Should a judge hold an administrative post
he/she shall not be relieved of exercising his/her
powers vested in him/her as a judge of relevant
court.
7.Should a judge be dismissed from his/her administrative
post the powers vested in him/her as a judge
shall not be terminated. Should his/her judicial
powers be terminated he/she shall not be entitled
to execute his/her duties as an administrative
official at court.
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