Chapter
7. HIGHER SPECIALIZED COURTS
Article 38. The highest judicial bodies of
specialized courts
1. The highest judicial bodies of specialized
courts are represented by the Higher commercial
court of Ukraine, the Higher administrative
court of Ukraine, also the relevant higher courts
that are formed by the President of Ukraine
in the manner prescribed by this Law.
2. The higher specialized courts shall consist
of the judges elected to the posts for an unlimited
term, the chairman of a court and the deputy
chairmen of a court.
3. The judicial chambers may be created in the
higher specialized courts to consider specific
categories of cases falling within special court
jurisdiction.
4. The judges of a higher specialized court
shall be included into the composition of a
relevant judicial chamber by the order of the
chairman of a court.
5. The presidium of a higher specialized court
shall be available to settle the organizational
issues. The presidium consists of the chairman
of a court, the deputy chairmen, the deputy
heads of judicial chambers and the judges of
this court elected to the presidium pursuant
to this Law.
6. The plenary meeting of a higher specialized
court shall be held to settle the general issues
of operation of relevant specialized courts.
7. The higher specialized courts may publish
their official editions.
8. Consultative councils and scientific research
divisions may be set up at the higher specialized
courts.
9. The higher specialized courts shall be located
in the city of Kyiv.
Article 39. Powers of a higher specialized
court
1. The higher specialized courts shall:
1) hear the cases of a relevant jurisdiction
in keeping with the cassation [reviewing] procedure,
also other cases specified by the 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 with the aim of identical application
of the constitutional and legal norms in judicial
practice on the basis of its generalization
and analysis of the court statistics; provide
the specialized courts of lower level with clarifications
concerning application of the law;
4) exercise other powers as specified by the
law.
2. The cases in a higher specialized court shall
be considered in a collective manner.
Article 40. Judge of a higher specialized
court
1. A judge of a higher specialized court shall:
1) administer justice in keeping with the judicial
procedure established by procedural law.
2) conduct the judicial proceedings and take
the organizational measures essential for the
timely and adequate consideration of cases;
3) monitor, pursuant to the law, the timely
implementation of the courts rulings approved
with his/her participation;
4) perform other duties specified by the law.
2. Judge of Higher Specialized Court shall have
an assistant. This post may be filled by a national
of Ukraine with an academic background ( higher
education ) in law.
Article 41. Chairman of a higher specialized
court
1. The chairman of a higher specialized court
shall:
1) exercise administration of a court;
2) allocate the functions of the deputy chairmen
of a court;
3) issue a relevant order on the basis of the
reports on election of a judge of a higher specialized
court or termination of the duties of judge;
shall form the judicial chambers and submit
the proposals on their composition for approval
of the court presidium;
4) provide for the work of the court presidium,
submit the issues for its consideration and
preside over its meetings; convene the plenary
meeting of a higher specialized court, submit
the issues for its consideration and preside
over its sessions; may preside at the court
sessions during consideration of any case falling
within the jurisdiction of a given court;
5)shall be in charge of organizing the work
to be done by judicial chambers; shall be in
charge of the work to be performed by the staff
of a relevant higher specialized court;
6) provide for keeping and analysis of the court
statistics, the study and generalization of
the judicial practice, have the right to call
for and receive from a relevant court the materials
of cases, the court rulings that have come into
force;
7) employ and dismiss the members of court apparatus
staff, assign to them the ranks of civil servants,
provide them with incentives and mete out disciplinary
punishments;
8) coordinate the proposals on the creation
and dissolution of relevant local courts and
specialized courts of appeal;
9) shall introduce the proposals regarding the
appointment and election of judges with no time
limit for local courts, higher specialized courts
of appeal and higher specialized courts; the
chairman shall also introduce proposals as to
their dismissal;
10) submit the proposals on appointment of judges
to administrative posts in keeping with the
procedure established by this Law;
11) approve the manning table and the estimate
of expenses essential for the maintenance of
a given higher specialized court;
12) provide for improvement of skills of the
judges and the apparatus staff of a higher specialized
court;
13) submit, in keeping with the established
procedure, the proposals on covering the expenses
essential for maintenance of a court and support
of its operation;
14) inform the plenary meeting of the Supreme
Court of Ukraine on the performance of a higher
specialized court;
15) represent a higher specialized court and
the relevant system of specialized courts in
the relations with other state bodies, local
self-government authorities, citizens and institutions,
also the state bodies and institutions of other
countries;
16) exercise other powers set forth by the law.
The chairman of a higher specialized court shall
issue orders and instructions concerning the
issues within the limits of power delegated
to him.
2. The chairman of a higher specialized court
shall be appointed to this post from among the
judges of this court and shall be removed from
the post as per Article 20 of this Law.
3. Chairman of higher specialized court may
be appointed for another term in office.
4. The chairman of a higher specialized court
shall have the first deputy chairman and the
deputy chairmen.
5. In case of absence of the chairman of a higher
specialized court, the chairman's duties shall
be performed by the first deputy chairman while
during the absence of the first deputy chairman
the chairman's duties shall be performed by
a deputy chairman in line with the allocation
of duties.
Article 42. Deputy chairmen of a higher specialized
court
1. The first deputy chairman and a deputy chairman
of a higher specialized court shall run the
operation of structural divisions of a court
pursuant to the fixed allocation of duties,
also perform other functions specified by the
chairman of a court; they may preside over the
sessions of the boards of justices of a given
higher specialized court.
2. A deputy chairman of a higher specialized
court (the head of a judicial chamber) shall:
1) exercise the administration of a relevant
judicial chamber;
2) form the boards of justices for hearing the
court cases, preside over the court sessions
or assign the judges to do this job;
3) provide for keeping the court statistical
data and their analysis, the study and generalization
of the judicial practice concerning the cases
falling within the jurisdiction of a judicial
chamber; have the right to call for and receive
from a relevant court the materials of cases,
the court rulings that have come into force;
4) inform the presidium of a higher specialized
court about the performance of a judicial chamber;
5) render the legal assistance to specialized
courts with the aim of adequate application
of the laws in force;
6) exercise other powers delegated to him/her
by the law.
3. The first deputy chairman and the deputy
chairmen of a higher specialized court shall
be appointed to the posts from among the judges
of this court at the suggestion of the chairman
of a higher specialized court as per Article
20 of this Law. They may be appointed to administrative
posts repeatedly.
4. Deputy chairman of higher specialized court
shall be entitled to choose a judge of that
court to be appointed deputy head of judicial
chamber as agreed with the court presidium.
5.The deputy head of a judicial chamber of a
higher specialized court shall carry out the
duties of the head of a judicial chamber in
case of his/her absence, also fulfill the instructions
of the head of a judicial chamber relating to
its operation. In the event 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 43. Presidium of a higher specialized
court
1.Presidium of higher specialized court shall
consist of chairman, his/her deputies and judges
whose number shall be determined by the higher
specialized court at its Plenum (plenary meeting).
The judges shall be elected to the presidium
at the general meeting of the court judges by
secret vote.
2. Presidium of higher specialized court:
1) consider the issues of operation of a court,
judicial chambers and court apparatus;
2) approve the composition [membership] of each
judicial chamber as submitted by the chairman
of a higher specialized court;
3) hear the progress reports of the heads of
judicial chambers;
4) consider the materials pertaining to generalization
of the judicial practice and analysis of court
statistics, make the recommendations to this
effect;
5) deal with the matters of material, technical
and financial support of a court, put forward
the proposals on improvement of such support;
6) consider the personnel issues relating to
the judges and the court apparatus staff of
a higher specialized court, and improvement
of their skills;
7) hear the progress reports of the chairmen
of the courts of appeal and local specialized
courts;
8) assess the proposals concerning the number
of judges in relevant specialized local courts
and the courts of appeal;
9) shall provide procedural assistance to courts
of appeals and local courts so as to ensure
that they can properly administer justice;
10) shall exercise other powers pursuant to
law.
3. Meetings of the presidium of a higher specialized
court shall be held at least once in two months.
The meetings shall be considered as legally
valid 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 the presidium 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.
Article 44. Plenary meeting of a higher specialized
court
1. The plenary meeting [plenum] of a higher
specialized court shall be convened with participation
of all judges of a higher specialized court
and the chairmen of specialized courts of appeal.
2. The plenary meeting of a higher specialized
court shall:
1) clarify the issues of application of the
laws in force by specialized courts while hearing
the cases of a relevant jurisdiction;
2) approve the membership of the Scientific
and consultative council at a higher specialized
court and the regulations thereof; approve the
staff of the editorial board of the official
editions of a higher specialized court;
3) determine the number of judges that are the
members of the presidium of a higher specialized
board;
4) hear the progress report of the chairman
of a higher specialized court concerning the
operation of relevant specialized courts, also
the information of the deputy chairmen of a
higher specialized court and the chairmen of
local specialized courts and specialized courts
of appeal on the practice of conducting the
court proceedings;
5) submit, in keeping with the established procedure,
the proposals on the necessity of amending the
laws in force;
6) take the decisions on submitting for consideration
of the Constitutional Court of Ukraine the proposals
on interpretation of the Constitution and laws
of Ukraine;
7) consider and settle other issues falling
within the plenum's jurisdiction pursuant to
the law.
3. The plenary meeting shall be convened at
least twice a year. Members of the plenary meeting
shall be informed about the date of its convocation
not later than ten days before holding the meeting.
The materials concerning the issues to be considered
by the plenary meeting shall be submitted within
this period of time.
4. The plenary meetings shall be considered
as legally valid if attended by at least two
thirds of their members. The Procurator-General
of Ukraine and the minister of justice of Ukraine
shall take part in the plenary meetings of higher
specialized courts that consider the clarifications
about the application of relevant laws for conducting
the court proceedings.
5. Resolutions of the plenary meetings of a
higher specialized court shall be passed by
open ballot by a majority of votes of the plenum
members and shall be signed by the person that
presided over the meeting.
Article 45. Scientific and consultative council
of a higher specialized board
1. The scientific and consultative council will
be created at a higher specialized court to
analyze the issues concerning the interpretation
of the laws in force, to draw the conclusions
relating to the draft laws and other enactments,
also to consider the issues involving the need
for scientific support of operation of a higher
specialized court.
2. The structure and operation of the scientific
and consultative council shall be established
by the regulations that are approved by the
plenary meeting of a higher specialized court.
Article 46. Official edition of a higher specialized
court
A higher specialized court shall run the official
periodical containing the information on judicial
practice, the decisions on administration of
a higher specialized court and relevant specialized
courts. |
