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Chapter
5. THE COURTS OF APPEAL
Article 25. Types and composition of the courts
of appeal
1. The general and specialized courts of appeal
operate in the system of courts of general jurisdiction
in Ukraine.
2. The general courts of appeal are the courts
of appeal of oblasts (regional courts), the
courts of appeal in the cities of Kyiv and Sevastopol,
the Court of Appeal of the Autonomous Republic
of the Crimea, the military courts of appeal
in regions and the Navy Court of Ukraine, also
the Court of Appeal of Ukraine.
3. Specialized courts of appeal are represented
by the commercial courts of appeal and the administrative
courts of appeal that are formed in the appellate
districts [circuits] as decreed by the President
of Ukraine.
4. The composition of a court of appeal includes
the judges that are usually elected to the post
of a judge for an unlimited term, the chairman
of a court and his/her deputies.
5. The judicial chambers shall be created in
the courts of appeal. The judicial chamber for
consideration of civil cases and the judicial
chamber for consideration of criminal cases
shall be created in the structure of the general
courts of appeal. The judicial chambers may
be formed in a specialized court of appeal to
consider different categories of cases within
the limits of a relevant special jurisdiction.
6. The Court of Appeal of Ukraine shall include
the following components:
1) the judicial chamber for consideration of
civil cases;
2) the judicial chamber for consideration of
criminal cases;
3) the military judicial chamber.
7. The judges of a court of appeal are included
into the membership of a relevant judicial chamber
by the order of the chairman of a court of appeal.
8. The presidium of a court of appeal shall
function in the courts of appeal to deal with
administrative matters as prescribed by this
Law.
Article 26. Powers of the courts of appeal
1. The courts of appeal shall:
1) consider the cases of appeal pursuant to
the provisions of procedural law;
2) consider the first instance cases fixed by
the law (with the exception of the commercial
courts of appeal);
3) keep and analyze the court statistics, study
and generalize the judicial practice;
4) render the legal assistance to local courts;
5) perform other functions pursuant to the law.
2. The Court of Appeal of Ukraine shall hear
the cases falling within its jurisdiction according
to the appellate procedure pursuant to the provisions
of procedural law.
Article 27. Judge of a court of appeal
Judge of a court of appeal shall:
1) administer justice in accordance with the
procedure established by procedural law;
2) conduct the court proceedings and take the
organizational measures essential for hearing
a case;
3) monitor, pursuant to the law, the timely
implementation of the court rulings approved
with his/her participation;
4) exercise other powers vested in him/her under
the law.
Article 28. Chairman of a court of appeal
1. The chairman of a court of appeal shall:
1) exercise administration of a court;
2) assign the duties of the deputy chairmen
of a court;
3) issue a relevant order on the basis of reports
on election of a judge or termination of duties
of a judge; form the judicial chambers and their
staff;
4) organize the work of a court presidium, submit
the issues for its consideration, preside at
its meetings;
5) provide for keeping and analysis of the court
statistics, the study and generalization of
judicial practice, also shall have the right
to call for and receive from courts the materials
of cases and the rulings that have come into
force;
6) employ and dismiss the members of court apparatus
staff, assign to them the ranks of civil servants
in accordance with the procedure established
by the law, also provide them with incentives
and mete out disciplinary punishments;
7) take due measures for improving the skills
of judges of a relevant court;
8) submit, according to the established procedure,
the proposals on covering the expenditures for
maintenance of a court and support of its operation;
9) represent a court in its relations with other
state bodies, local self-government authorities,
citizens and institutions;
10) Chairman of the court of appeal submits
the proposals to the Chief Justice of the Supreme
Court of Ukraine or chairman of a relevant higher
court concerning the persons to be appointed
to the posts of chairmen of local courts and
their deputies;
11) exercises other duties as stipulated by
law.
Chairman of the court of appeals shall issue
orders and instructions on the matters within
the limits of his/her power.
2. The chairman of a court of appeal shall have
the first deputy chairman and the deputy chairmen
of a court that act as the heads of judicial
chambers.
3. The chairman of a court of appeal shall be
appointed to this post and removed from it in
the manner prescribed by Article 20 of this
law. The chairman of a court of appeal may be
appointed to this post repeatedly.
4. In case of absence of the chairman of a court
of appeal, his/her duties shall be performed
by the first deputy chairman, while in the event
of absence of the latter such duties shall be
performed by the deputy chairman of senior age
of a court of appeal who acts as the head of
a judicial chamber.
Article 29. Deputy chairmen of a court of
appeal
1. In accordance with the allocation of functions,
the deputy chairman of a court shall be in charge
of operation of structural divisions of a court
and perform other duties fixed by the chairman
of a court.
2. The deputy chairman of a court of appeal
(the head of a judicial chamber) shall:
1) organize the work of a relevant judicial
chamber;
2) form the boards of justices to hear the cases,
preside at court sessions or appoint the judges
for this purpose;
3) provide for keeping the court statistics,
the analysis and generalization of the judicial
practice for the cases falling within the chamber's
jurisdiction; have the right to call for and
receive from courts the materials of cases and
the court rulings that have come into force;
4) inform the court presidium about the operation
of a judicial chamber;
5) perform other duties under the law.
3. The first deputy and deputy chairmen of a
court of appeal shall be appointed to the posts
from among the judges of a given court and shall
be removed from the post in accordance with
the procedure established by Article 20 of this
Law. They may be appointed to administrative
posts repeatedly.
4. Should the necessity arise and given the
approval of the presidium of a court of appeal,
the chairman of a court of appeal may appoint
a judge of this court to the post of the deputy
head of a judicial chamber.
5. The deputy head of a judicial chamber of
a court of appeal shall fulfill the functions
of the head of a judicial chamber in the event
of his/her absence and other instructions of
the head of a judicial chamber pertaining to
its operation. In case of absence of the deputy
head of a judicial chamber the functions of
the head of a judicial chamber shall be performed
by the chamber's judge of senior age.
Article 30. Presidium of a court of appeal
1. The presidium of a court of appeal shall
include the chairman of a court, deputy chairmen,
also the judges whose number is determined by
the general meetings of judges of this court.
The judges are elected to the presidium by general
meetings of the judges of this court through
the vote by secret ballot.
2. The presidium of a court of appeal shall:
1) consider the organizational issues of operation
of a court, judicial chambers and the court
apparatus;
2) approve, as submitted by the chairman of
a court of appeal, the composition of each judicial
chamber, fix the number of deputy heads of the
judicial chambers;
3) hear the progress reports of the heads of
judicial chambers;
4) consider the materials pertaining to the
generalization of judicial practice and the
analysis of court statistics, make recommendations
to this effect;
5) consider the matters relating to the material,
technical and financial support of a court,
make the proposals on improvement of such support;
6) settle the personnel issues, deal with the
matters of improving the skills of judges and
the court apparatus staff;
7) hear the progress reports of the chairmen
of local courts;
8) render the legal [methodological] assistance
to the local courts for correct application
of the laws in force;
9) provide for implementation of the decisions
taken by the meetings of judges of a relevant
court;
10) exercise other powers under the law.
3. The meetings of the presidium of a court
of appeal shall be held at least once a month.
A meeting of the presidium shall be regarded
as legally competent if such meeting has been
attended by at least two thirds of the presidium
members. The presidium decisions shall be taken
by open or secret ballot by a majority of votes
of the presidium members that have attended
the meeting; the decisions shall be signed by
the chairman of a court of appeal or the deputy
chairman that presided over the meeting.
Article 31. The jury
1. The jury shall operate in the general courts
of appeal (with the exception of the Court of
Appeal of Ukraine) to hear the cases specified
by the provisions of procedural law.
2. The procedure of selection of the jurors
is established by this Law while the procedure
of their participation in the process of administration
of justice is established by procedural law.
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