Chapter
8. THE SUPREME COURT OF UKRAINE
Article 47. The Supreme Court of Ukraine –
the highest judicial authority
1. The Supreme Court of Ukraine is the highest
judicial authority within the system of courts
of general jurisdiction. The Supreme Court of
Ukraine shall administer justice, provide for
identical application of the laws in force by
all courts of general jurisdiction.
2. The Supreme Court of Ukraine shall:
1) consider, in accordance with the cassation
[reviewing] procedure, the rulings of general
courts concerning the cases that fall within
its jurisdiction pursuant to procedural law;
repeatedly review all other cases heard by the
courts of general jurisdiction as cassations
[reversals]; examine other cases involving the
exceptional circumstances in the manner prescribed
by the law;
2) clarify for the courts the application of
the laws in force in judicial practice on the
basis of its generalization and analysis of
the court statistics; invalidate, if necessary,
the clarifications made by the plenary meeting
of a higher specialized court as per Item 1,
Part 2, Article 38 of this Law.
3) make a conclusion about the availability
or absence of the evidences of high treason
or another crime in the actions of the President
of Ukraine which he is charged with; submit,
as requested by the Verkhovna Rada of Ukraine,
the written judgment on the impossibility for
the President of Ukraine to exercise his powers
on medical grounds;
4) apply to the Constitutional Court of Ukraine
provided the courts of general jurisdiction
have some doubts in the course of administration
of justice about the constitutional validity
of the laws and other enactments, also apply
to the Constitutional Court for official interpretation
of the Constitution and laws of Ukraine provided
such interpretation is essential for administration
of justice by courts;
5) keep and analyze the court statistics, study
and generalize the judicial practice, and practical
application of the laws in force by courts;
6) deal, within the limits of its power, with
the issues pertaining to the international treaties
of Ukraine; represent the courts of general
jurisdiction in relations with the courts of
other countries;
7) exercise other powers pursuant to the law.
Article 48. Composition of the Supreme Court
of Ukraine
1. The Supreme Court of Ukraine shall be headed
by the Chief Justice of the Supreme Court of
Ukraine. The composition [membership] of the
Supreme Court of Ukraine shall include the judges
of the Supreme Court of Ukraine elected for
an unlimited term whose number is fixed by the
decree of the President of Ukraine as submitted
by the Chief Justice of the Supreme Court of
Ukraine on the basis of recommendations of the
Council of judges of Ukraine. The membership
of the judicial chambers that consider the cases
falling within the jurisdiction of specialized
courts shall consist of the judges that have
the experience of working as the judges in a
higher court of at least three years, or such
experience in a specialized court of appeal
of least five years.
2. The structure of the Supreme Court of Ukraine
shall include:
1) judicial chamber for consideration of civil
cases;
2) judicial chamber for consideration of criminal
cases;
3) judicial chamber for consideration of commercial
cases;
4) judicial chamber for consideration of administrative
cases.
The structure of the Supreme Court of Ukraine
shall also include the military board of justices.
3. The presidium of the Supreme Court of Ukraine
shall be available to provide for internal administration
of the Supreme Court of Ukraine. Membership
and work of the Presidium are specified pursuant
to this Law.
4. The Plenary meeting of the Supreme Court
of Ukraine shall function at the Supreme Court
of Ukraine as an organizational and collective
body to consider the issues falling within the
jurisdiction of the Supreme Court of Ukraine.
Membership and work of the Plenary meeting are
specified pursuant to this Law.
5. The scientific and consultative council shall
be formed at the Supreme Court of Ukraine whose
status is determined pursuant to this Law.
6. The Supreme Court of Ukraine shall have the
official edition of the Supreme Court of Ukraine
and may be a co-founder of other publications.
7. The Supreme Court of Ukraine shall be located
in the city of Kyiv.
Article 49. Judge of the Supreme Court of
Ukraine
A judge of the Supreme Court of Ukraine shall:
1) administer justice concerning the cases falling
with the jurisdiction of a relevant Judicial
chamber of the Supreme Court of Ukraine in the
manner prescribed by procedural law;
2) conduct the court proceedings and take organizational
measures essential for the timely and qualitative
consideration of cases;
3) participate in discussion of the issues submitted
for consideration of the meeting of a relevant
Judicial chamber and the plenary session of
the Supreme Court of Ukraine;
4) study the judicial procedure at the courts
of lower level, render the methodological [legal]
assistance to these courts;
5) analyze the judicial practice, put forward
the proposals, in keeping with the established
procedure, concerning the improvement of such
practice and the laws in force;
6) exercise other powers set forth by the law.
2.A judge of the Supreme Court of Ukraine shall
have an assistant. Any national of Ukraine with
academic background (higher education) in law
and at least a 3 year work experience in legal
sphere shall be qualified for the job.
Article 50. Chief Justice of the Supreme court
of Ukraine
1. The Chief Justice of the Supreme court of
Ukraine shall:
1) provide for administration of the Supreme
Court of Ukraine;
2) allocate the duties among the Deputy Chief
Justices of the Supreme Court of Ukraine;
3) organize the work of the Presidium and convene
the Plenary meeting of the Supreme Court of
Ukraine, submit the issues for their consideration
and preside over their meetings;
4) the Chief Justice of the Supreme court of
Ukraine may preside over the sessions of the
boards of justices of the Supreme Court of Ukraine
during consideration of any case;
5) coordinate, pursuant to this Law, the proposals
on creation and dissolution of the courts of
general jurisdiction, approval of the list of
official posts in military courts and the military
ranks thereof;
6) submit the issues concerning the appointment,
election and dismissal of judges as per this
Law; put forward the proposals on the appointment
of judges to administrative posts in cases and
in accordance with the procedure specified by
this Law; request a relevant judicial board
of experts [qualifying commission] to make a
conclusion about the possibility of election
or appointment of judges to the posts;
7) issue a relevant order on the basis of reports
on election of a person to the post of a judge
of the Supreme Court of Ukraine or termination
of the powers of a judge;
8) submit for consideration of the Plenary meeting
of the Supreme Court of Ukraine the proposals
pertaining to the number of judges in the Presidium
of the Supreme Court of Ukraine, also the number
of judges in the Judicial chambers of the Supreme
Court of Ukraine;
9) submit the proposals to the Highest judicial
board of experts of Ukraine to conduct the qualifying
certification of judges in relevant courts;
10) approach the President of Ukraine with the
proposals on advancing the military judges in
rank;
11) provide for the material, technical and
financial support of the Supreme Court of Ukraine,
approve the manning table and the estimate of
expenditures essential for maintenance of the
Supreme Court of Ukraine;
12) approve the rules concerning the operation
of structural divisions of the Supreme Court
of Ukraine;
13) be in charge of the operation of the judicial
chambers and the apparatus of the Supreme Council
of Ukraine; employ and dismiss the members of
court apparatus staff, assign to them the ranks
of public servants, provide them with incentives
and mete out disciplinary punishment in the
manner prescribed by labor laws;
14) inform the Plenary meeting of the Supreme
Court of Ukraine and the Presidium of the Supreme
Court of Ukraine about the performance of the
Supreme Court of Ukraine;
15) represent the Supreme Court of Ukraine and
the system of the courts of general jurisdiction
in their relations with other state bodies of
Ukraine, local self-government authorities,
also with judicial authorities of other countries
and international organizations;
16) exercise other powers under the law.
2. The Chief Justice of the Supreme court of
Ukraine shall issue orders and instructions
concerning the matters falling within his/her
jurisdiction.
3. The Chief Justice of the Supreme court of
Ukraine shall be member of the Highest council
of justice ex officio.
4. The Chief Justice of the Supreme Court of
Ukraine shall have the First Deputy Chief Justice
and the Deputy Chief Justices of the Supreme
Court of Ukraine. In case of absence of the
Chief Justice of the Supreme Court of Ukraine
his/her duties shall be performed by the First
Deputy Chief Justice, while in the event of
absence of the First Deputy Chief Justice the
said duties shall be performed by a Deputy Chief
Justice of the Supreme Court of Ukraine in accordance
with the allocation of functions.
Article 51. Election of Chief Justice of the
Supreme court of Ukraine
1. The Chief Justice of the Supreme Court of
Ukraine shall be elected at that court Plenary
meeting for a term of five years by secret vote.
The Chief Justice shall be deemed elected if
the majority of the total Plenum membership
have voted for him /her.
2. The procedure of election of the Chief Justice
of the Supreme Court of Ukraine and his/her
removal from the post shall be established as
per the standing orders of the Plenary meeting
of the Supreme Court of Ukraine passed by the
Plenary meeting. No changes shall be allowed
in the said procedure within six months before
expiry of the term of office of the Chief Justice
of the Supreme Court of Ukraine.
3. The Chief Justice of the Supreme Court of
Ukraine shall not be elected to this post for
more than two terms in succession.
Article 52. Deputy Chief Justices of the Supreme
Court of Ukraine
1. The First Deputy Chief Justice of the Supreme
Court of Ukraine and the Deputy Chief Justices
of the Supreme Court of Ukraine shall run the
operation of structural divisions of the court
pursuant to the fixed procedure of allocation
of duties; they may preside over the sessions
of the boards of justices of the Supreme Court
of Ukraine, provide for administration of relevant
judicial chambers and perform other functions
determined by the instructions issued by Chief
Justice of the Supreme Court of Ukraine.
The First Deputy Justice and the Deputy Chief
Justices of the Supreme Court of Ukraine shall
issue the orders and instructions falling within
the limits of their power.
2. The First Deputy Chief Justice and the Deputy
Chief Justices of the Supreme Court of Ukraine
shall be appointed to the posts from among the
judges of the Supreme Court of Ukraine for a
term of five years and be removed from the posts
by the Plenary meeting of the Supreme Court
of Ukraine on the basis of the proposal submitted
by the Chief Justice of the Supreme Court of
Ukraine and in coordination with the Council
of judges of Ukraine. The decision of the Plenary
meeting of the Supreme Court of Ukraine on appointment
of the First Deputy Justice and a Deputy Chief
Justice of the Supreme Court of Ukraine shall
be passed by secret ballot not later than within
a period of three months from the date of creation
of a relevant vacant post.
3.First and other deputies Chief Justice of
the Supreme Court may be removed from their
respective posts before their terms in office
expire also as initiated by the Council of Judges
of Ukraine in compliance with the procedure
stipulated by Regulations of the Supreme Court
Plenum.
Article 53. Judicial chambers of the Supreme
Court of Ukraine
1. The Judicial chambers of the Supreme Court
of Ukraine shall:
1) administer justice concerning the cases falling
within their jurisdiction in compliance with
the procedure established by procedural law;
2) analyze the court statistics and study the
judicial practice;
3) work out the draft resolutions of the Plenary
meeting of the Supreme Court of Ukraine;
4) exercise other powers under the law.
2. A Judicial chamber of the Supreme Court of
Ukraine shall be created by the decision of
the Presidium of the Supreme Court of Ukraine
as submitted by the Chief Justice of the Supreme
Court of Ukraine. A Judicial chamber of the
Supreme Court of Ukraine shall be run by the
head of a Judicial chamber.
3. The head of a Judicial chamber shall:
1) provide for operation of a relevant judicial
chamber;
2) form the boards of justices to consider 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 pertaining to the jurisdiction
of a Judicial chamber; have the right to call
for and receive from the courts the material
of cases, the court rulings that have come into
force;
4) inform the Presidium of the Supreme Court
of Ukraine about the operation of a Judicial
chamber;
5) submit for consideration of the Plenary meeting
of the Supreme Court of Ukraine the proposals
on the necessity for clarifying specific issues
of application of the law in judicial practice
by courts;
6) render the methodological assistance to the
courts of lower level with the aim of correct
application of the law;
7) exercise other powers under the law;
4. The head of a Judicial chamber of the Supreme
Court of Ukraine shall be appointed to the post
on the recommendation of the Presidium of the
Supreme Court of Ukraine from among the judges
of the Supreme Court of Ukraine for a term of
five years and be removed from the post by the
Plenary meeting of the Supreme Court of Ukraine
by secret ballot.
5. The head of a Judicial chamber shall have
the deputy that should provide for consideration
of cases in the court sessions, perform the
duties of the head of a Judicial chamber during
his/her absence, also execute other orders of
the head concerning the operation of a Judicial
chamber. The deputy head of a Judicial chamber
shall be appointed to the post from among the
judges of the Supreme Court of Ukraine and be
removed from the post in conformity with the
procedure established for election of the head
of a judicial chamber.
6. The proposal on removal of a judge from the
post of the head or the deputy head of a Judicial
chamber may be submitted by the Chief Justice
of the Supreme Court of Ukraine; the said proposal
may be also submitted and shall be signed by
at least a half of the judges of a relevant
chamber.
7. The head and the deputy head of a Judicial
chamber may be elected to administrative posts
repeatedly.
8. Panel of military judges shall be presided
by its chairman who would be equal in rank to
the deputy chairman of the judicial chamber.
9.A group of scientific consultants of the Supreme
Court of Ukraine shall function at a Judicial
chamber.
Article 54. Presidium of the Supreme Court
of Ukraine
1. The Presidium of the Supreme Court of Ukraine
shall consist of the Chief Justice of the Supreme
court of Ukraine, his/her deputies, the heads
of the Judicial chambers, the secretary of the
Plenary meeting of the Supreme Court of Ukraine
and the judges of the Supreme Court of Ukraine
whose number is fixed by the Plenary meeting
of the Supreme Court of Ukraine.
2. The judges of the Supreme Court of Ukraine
shall be elected to the Presidium of the Supreme
Court of Ukraine for a term of five years through
secret ballot by the Plenary meeting of the
Supreme Court of Ukraine on the basis of proposals
submitted by the Chief Justice of the Supreme
court of Ukraine or the judges of the Supreme
Court of Ukraine. A judge is considered as elected
to the Presidium if he/she has received a majority
of votes of the judges that attended the Plenary
meeting. The same procedure shall be applied
for removing a judge from the post of a Presidium
member.
3. The Presidium of the Supreme Court of Ukraine
shall:
1) consider the issues of operation of the Supreme
Court of Ukraine, the Judicial chambers and
apparatus of the Supreme Court of Ukraine;
2) approve the membership of the Judicial chambers;
hear the progress reports of the heads of Judicial
chambers;
3) consider the materials on generalization
of the judicial practice and analysis of court
statistics, make the recommendations to this
effect;
4) consider the issues of material, technical
and financial support of the Supreme Court of
Ukraine and elaborate the proposals on improvement
of such support; consider the draft State budget
of Ukraine and approve the proposals on funding
the courts of general jurisdiction;
5) consider the personnel issues concerning
the judges and managerial staff [members of
the court apparatus staff] of the Supreme Court
of Ukraine, also the issues of improvement of
their skills;
6) shall approve the decisions on bonuses and
material support due to the Supreme Court judges
and personnel as well as the decisions on additions
to the salaries of judges holding administrative
posts.
7) hear the progress reports of chairmen of
general courts of appeal and higher specialized
courts;
8) determine the amount of work of judges in
the courts of all levels, draw up the proposals
on the number of judges in relevant courts;
9) deal with the issues on publishing the official
editions of the Supreme Court of Ukraine and
hear the progress reports of editorial boards
of such editions; approve, as proposed by the
Chief Justice of the Supreme Court of Ukraine,
the regulations on the Scientific and consultative
council at the Supreme Court of Ukraine and
its membership;
10) submit for consideration of the Plenary
meeting the issues falling within the limits
of its power;
11) exercise other powers under the law.
4. The meetings of Presidium of the Supreme
Court of Ukraine shall be held at least twice
in two months. The meeting of Presidium shall
be legally competent if attended by at least
two thirds of its members. Resolutions of the
Presidium shall be passed by open or secret
ballot by a majority of votes of members of
the Presidium attending the meeting; the resolutions
shall be signed by the Chief Justice of the
Supreme Court of Ukraine or the Deputy Chief
Justice that presided over the meeting. Chairmen
of the Higher specialized courts shall attend
the meetings of the Presidium that consider
the issues of operation of specialized courts.
5. The Presidium of the Supreme Court of Ukraine
may create the working groups from among the
judges and law experts to elaborate the draft
resolutions of the Plenary meeting of the Supreme
Court of Ukraine and to study specific issues
connected with improvement of the procedure
of administration of justice.
Article 55. Plenary meeting of the Supreme
Court of Ukraine
1.Plenum of the Supreme Court of Ukraine is
a collective body whose powers and duties are
stated in Ukraine’s Constitution and this Law.
Its membership comprises all judges of the Supreme
Court of Ukraine, chairmen of higher specialized
courts, their first deputies, Chairman of Ukraine’s
Court of Cassation and Chairman of Court of
Appeal of Ukraine.
2. The Plenary meeting of the Supreme Court
of Ukraine shall:
1) in keeping with the Constitution of Ukraine,
elect the Chief Justice of the Supreme Court
of Ukraine and remove him/her from the post
by secret ballot, also appoint to and remove
persons from the administrative posts at the
Supreme Court of Ukraine in accordance with
the procedure established by this Law;
2) create the Judicial chambers of the Supreme
Court of Ukraine, fix the number of their members,
elect the head and deputy heads of the Judicial
chambers;
3) fix the number of judges in the Presidium
of the Supreme Court of Ukraine, elect them
in the manner specified by this Law;
4) appoints and dismisses Secretary for the
Plenum of the Supreme Court of Ukraine understanding
that he/she is chosen from among the judges
of the Supreme Court of Ukraine
5) hear the progress reports of the Chief Justice
of the Supreme Court of Ukraine, the heads of
Judicial chambers of the Supreme Court of Ukraine,
the chairmen of higher specialized courts and
the courts of appeal;
6) clarify for the courts of general jurisdiction
the issues on application of the law, invalidate,
if necessary, the clarifications of the higher
specialized courts;
7) decide on applying to the Constitutional
Court to consider the issues on constitutional
validity of the laws in force, also on official
interpretation of the Constitution and laws
of Ukraine;
8) approve, in keeping with the Constitution
of Ukraine, the conclusion on absence or presence
the evidences of high treason or other crimes
in the actions of the President of Ukraine which
he is charged with, also approve the submission
for consideration of the Verkhovna Rada the
judgment about the impossibility for the President
of Ukraine to exercise his powers on medical
grounds;
9) approve the standing orders of Plenary meeting
of the Supreme Court of Ukraine;
10) exercise other powers under the law.
3. A session of the Plenary meeting of the Supreme
Court of Ukraine shall be considered as legally
competent if attended by at least two thirds
if its members. The Chairman of the Highest
council of justice, the Prosecutor-General of
Ukraine and the Minister of Justice of Ukraine
shall take part in the work of a Plenary meeting
of the Supreme Court of Ukraine.
4. A Plenary meeting of the Supreme Court of
Ukraine shall be convened if necessary but at
least once in three months. The participants
in a Plenary meeting shall be informed about
its date and the issues to be discussed at it
not later than ten days before holding the meeting.
5. The draft resolutions of a Plenary meeting
of the Supreme Court of Ukraine concerning the
clarifications of the issues on application
of the law for hearing the cases shall be sent
to the Prosecutor-General of Ukraine and the
Minister of Justice of Ukraine not later than
10 days before the date of holding the meeting.
6. The Plenary meetings shall be chaired by
the Chief Justice of the Supreme Court of Ukraine
or, in case of his/her absence, by the First
Deputy Chief Justice or a Deputy Chief Justice
of the Supreme court of Ukraine pursuant to
the Regulations.
7. The procedure of work of a Plenary meeting
of the Supreme Court of Ukraine shall be established
by this Law and the standing orders of the Plenary
meeting of the Supreme Court of Ukraine adopted
in conformity with this Law.
8. A Plenary meeting of the Supreme Court of
Ukraine shall pass the resolutions on the basis
of the issues considered by it. The resolutions
of a Plenary meeting of the Supreme Court of
Ukraine shall be published in the official edition
of the Supreme Court of Ukraine.
9. The secretary of Plenary meeting of the Supreme
Court of Ukraine, along with exercising the
powers of a judge, shall organize the s Plenary
meetings, keep the meeting minutes and exercise
control over fulfillment of the decisions taken
by a Plenary meeting of the Supreme Court of
Ukraine.
Article 56. Apparatus of the Supreme Court
of Ukraine
1. The apparatus of the Supreme Court of Ukraine
shall be available to provide for administrative,
methodological and information support of operation
of the Supreme Court of Ukraine. The number
of apparatus staff and the apparatus structure
shall be approved by the Presidium of the Supreme
Court of Ukraine as proposed by the Chief Justice
of the Supreme Court of Ukraine; the apparatus
regulations shall be approved by the Chief Justice
of the Supreme Court of Ukraine in coordination
with the Presidium of Supreme Court of Ukraine.
2. The library of the Supreme Court of Ukraine
shall be available to provide the Supreme Court
of Ukraine with enactments, scientific, special
literature and the materials of judicial practice.
The rules concerning the library operation shall
be approved by the Chief Justice of the Supreme
court of Ukraine.
3. The materials pertaining to operation of
the Supreme Court of Ukraine shall be kept in
the Archives of the Supreme Court of Ukraine.
Article 57. Scientific and consultative council
and editions of the Supreme Court of Ukraine
1. The Scientific and consultative council shall
be set up at the Supreme Court of Ukraine that
consists of the law experts for preliminary
consideration of the draft resolutions of a
Plenary meeting of the Supreme Council of Ukraine
concerning the interpretation of the laws in
force, drawing the conclusions on the draft
enactments and other aspects of operations of
the Supreme Court of Ukraine that require scientific
support.
2. The procedure of organization and work of
the Scientific and consultative council shall
be determined by the regulations to be approved
by Presidium of the Supreme Council of Ukraine.
3. The Supreme Court of Ukraine has its official
edition that publishes the materials pertaining
to judicial practice of the Supreme Court and
other courts of general jurisdiction as well
as the materials on the issues connected with
operation of courts of general jurisdiction
,etc.
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