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Section
III. PROFESSIONAL JUDGES, PEOPLE'S ASSESSORS
AND JURORS
Chapter 9. PARTICIPATION OF PROFESSIONAL JUDGES
IN ADMINISTRATION OF JUSTICE
Article 58. Administration of justice by professional
judges, people's assessors and jurors
1. Justice in Ukraine is administered by professional
judges and, in cases specified by the law, by
people's assessors and jurors.
2. Consideration of cases in keeping with the
appealing and cassation procedure shall be done
exclusively by professional judges.
Article 59. Professional judges
1. Professional judges shall be represented
by the citizens that, pursuant to the Constitution
of Ukraine, have been appointed or elected to
the official post of a judge and hold a judicial
post in one of the courts specified by this
Law.
2. The judicial board of experts may recommend
to the post of a judge a citizen of Ukraine
of at least 25 years of age who has higher judicial
education and experience of working in the domain
of law for no less than three years, the person
who has been living in Ukraine for at least
ten years and has proper command of the national
language.
3. Apart from the categories of persons meeting
the job requirements of judges with specialized
courts as per part 2 of this Article, qualified
for the job are also those who have adequate
professional skills and knowledge in the field
covered by these courts’ jurisdiction. Should
that be the case, a relevant qualifying commission
may nominate for the post a national of Ukraine
that is supposed to meet the requirements as
follows: age - at least 30 ; resident of Ukraine
for ten years (minimum); academic background
- higher education in the field that falls within
the jurisdiction of a relevant specialized court
and at least a 5 year professional employment.
Such judges shall administer justice solely
as members of boards of justices.
4. Some categories of citizens shall not be
nominated for the job of a judge and in particular:
1) those having no or limited capability as
claimed by court;
2) suffering from chronic or mental diseases
preventing him/her from executing the duties
of a judge;
3) those subject to inquest, pre-trial investigation,
hearing in criminal case or those with a standing
conviction.
5. The requirements placed upon professional
judges, the procedure of protection of professional
interests of judges and their social protection
are set forth in the Law of Ukraine "On
the status of judges".
Article 60. Selection of candidates for the
posts of professional judges
1. Candidates for the posts of professional
judges shall be selected from among the judges
that meet the general requirements as per parts
two and three of Article 53 of this Law. A candidate
for the post of a judge in military courts shall
in addition be on active military service and
have an officer's rank.
2. During selection of the candidates they shall
have equal rights without distinction of their
origin, social and property status, race, nationality,
political convictions, religious beliefs and
other circumstances.
3.Any person meeting the requirements for the
job of a judge is entitled to apply to a relevant
qualifying commission for nomination or election
to the post.
4. A judge whose term of office has expired
shall, given his/her application, be recommended
for election to the post of a judge for an unlimited
term provided there are no circumstances, specified
by the law, that hamper such procedure.
Article 61. Appointment (election) of judges
1. The first appointment to the post of a professional
judge for a term of five years shall be done
by the President of Ukraine on the basis of
the recommendation of a relevant judicial board
of experts as proposed by the Highest council
of justice. All other judges shall be elected
for an unlimited period of time by the Verkhovna
Rada of Ukraine on the basis of the recommendation
of the Highest judicial board of experts of
Ukraine as proposed by the Chief Justice of
the Supreme court of Ukraine.
2. The procedure of submitting the proposals
on appointment of judges to the posts is established
by the Law of Ukraine "On the Highest council
of justice".
3. The person, appointed to the post of a judge
or elected to this post for an unlimited term
in keeping with this Law, shall acquire the
status of a professional judge of a court of
relevant level and specialization: the judges
of general local courts, general courts of appeal
or military courts, the judges of the Court
of Appeal of Ukraine, the judges of the Court
of Cassation of Ukraine, the judges of local
courts, the local courts of appeal or a higher
specialized court, the judges of the Supreme
Court of Ukraine.
4. The post of a judge and the terms of his/her
labor contract shall be specified in the order
issued by the chairman of a relevant court.
A judge may be transferred to another court
in conformity with the procedure established
by this law.
5. A judge appointed to the post shall receive
the certificate pursuant to this Law.
6. The reasons and procedure of removing a judge
from a post, the conditions of legal liability,
social protection and other issues of the status
of judges are set forth by the Law of Ukraine
"On the status of judges" in keeping
with the Constitution of Ukraine.
Article 62. Transfer of judges to another
court
1. A judge may be transferred to another court
at his/her written request.
2. A judge may apply for a transfer to another
court of the same level and specialization;
should that be the case the transfer is to be
implemented by the President of Ukraine as recommended
by the Chief Justice of the Supreme Court of
Ukraine or chairman of a relevant higher specialized
court pursuant to provisions stipulated by law.
3. Any other transfers of judges shall be implemented
pursuant to judge appointment or election procedures
stipulated in this Law.
4. A judge may be temporarily transferred to
another court without his/her consent, including
the transfer to another locality, only in case
of necessity and for a term not over two months
in a calendar year. Temporary transfer of a
judge to a court of a lower level, even in case
of necessity, shall not be allowed without his/her
consent.
Article 63. Peculiarities of the status of
military judges
1. The judges of military courts shall be on
active military service and be the servicemen
of the Armed Forces of Ukraine.
2. The military ranks of military judges shall
be conferred by the President of Ukraine as
proposed by the Chief Justice of the Supreme
Court of Ukraine. The terms and procedure of
conferring the military ranks, the procedure
of discharging the judges from military service
are specified by the Law of Ukraine "On
the general military duty and military service".
3. A military judge shall not be engaged in
performance of other military duties except
those of administration of justice.
Article 64. Administration of justice by professional
judges
Cases of first instance shall be considered
by a professional judge acting either individually
or as member of a relevant board of justices
in compliance with provisions stipulated by
procedural law. |
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