Chapter
6. THE COURT OF CASSATION OF UKRAINE
Article 32. The Court of Cassation of Ukraine
1. The Court of cassation of Ukraine shall consist
of the judges elected to their post for an unlimited
term, the chairman and the deputy chairmen of
the court.
2. The structure of the Court of Cassation of
Ukraine shall include:
1) judicial chamber for consideration of civil
cases;
2) judicial chamber for consideration of criminal
cases;
3) military judicial chamber.
3. The judges of the Court of Cassation of Ukraine
shall be included into the membership of a relevant
judicial chamber by the order of the chairman
of the court.
4. The presidium shall be available in the Court
of Cassation of Ukraine to deal with administrative
matters in the manner prescribed by this Law.
Article 33. Powers of the Cassation Court
of Ukraine
1. The Court of Cassation of Ukraine shall:
1) consider the cassation cases falling within
its jurisdiction, also other cases specified
by the provisions of procedural law;
2) keep and analyze the court statistics, study
and generalize the judicial practice;
3) render the legal assistance to the courts
of lower level for proper application of the
laws in force;
4) exercise other powers prescribed by the law.
2. The cases in the Court of Cassation of Ukraine
shall be heard collectively by three judges.
Article 34. Judge of the Court of Cassation
of Ukraine
A judge of the Court of Cassation of Ukraine
shall:
1) administer justice in the manner prescribed
by procedural law;
2) conduct the court proceedings and take the
organizational measures essential for hearing
a case;
3) monitor the timely implementation of the
court rulings made with his/her participation
pursuant to the law;
4) exercise other powers delegated to him/her
by the law.
Article 35. Chairman of the Court of Cassation
of Ukraine
1.Chairman of the Court of Cassation of Ukraine
shall exercise his/her power as per Article
28 of this Law.
2. Chairman of the Court of Cassation of Ukraine
shall be appointed and discharged according
to the procedure provided for in Article 20
of this Law. Chairman of the Court of Cassation
may be appointed for another term in office.
3. The chairman of the Court of cassation of
Ukraine shall have the first deputy chairman
and the deputy chairmen that act as the heads
of judicial chambers.
4. In case of absence of the chairman of the
Court of Cassation of Ukraine his/her duties
shall be performed by the first deputy chairman;
provided the first deputy chairman is absent
as well, such duties shall be carried out by
the deputy chairman of senior age (the head
of a judicial chamber).
Article 36. Deputy chairmen of the Court of
Cassation of Ukraine
1. In accordance with the allocation of functions,
the first deputy chairman of the Court of Cassation
of Ukraine shall be in charge of operation of
structural divisions of the court and perform
other duties fixed by the chairman of this court.
2. The deputy chairman of the Court of Cassation
of Ukraine (the head of a judicial chamber)
shall carry out the duties specified by Article
29 of this Law.
3. The first deputy chairman and the deputy
chairmen of the Court of Cassation of Ukraine
shall be appointed to these posts from among
the judges of this court and shall be removed
from these posts 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 the Court of Cassation
of Ukraine, the chairman of the Court of Cassation
of Ukraine 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
the Court of Cassation of Ukraine shall perform
the functions of the head of a judicial chamber
in case of the head's absence. Provided the
deputy head of a judicial chamber is absent
as well, the functions of the head of a judicial
chamber shall be performed by the judge of senior
age of this chamber.
Article 37. Presidium of the Court of Cassation
of Ukraine
1.The Presidium of the Court of Cassation of
Ukraine shall consist of the chairman of the
court, the deputy chairmen of the court and
the judges whose number shall be determined
by the decision of a general meeting of the
judges of this court.
2. The Presidium of the Court of Cassation of
Ukraine shall exercise the powers specified
by Article 30 of this law.
3. The meetings of the Presidium of the Court
of Cassation of Ukraine shall be held at least
once a month. A meeting of the Presidium shall
be regarded as legally competent if attended
by at least two thirds of the presidium members.
Resolutions of the Presidium shall be passed
by open or secret ballot by a majority of votes
of is members that attended the meeting; the
resolutions shall be signed by the chairman
of the court or the deputy chairman that presided
over the meeting.
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