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Normative Legal Acts

Constitution of Ukraine

(excerpt)

(Vidomosti of the Verkhovna Rada of Ukraine (VVR), 1996, No.30, Art. 141)

(With the amendments introduced by the Laws of Ukraine

No. 2222-IV of December 8, 2004, VVR, 2005, No. 2, Art. 44

No. 32952-VI of February 1, 2011, VVR, 2011, No. 10, Art. 68)

No. 586-VII of September 19 2013, VVR, 2014, No. 11, Art. 142

No. 742-VII of February 21, 2014, VVR, 2014, No. 10, Art. 143)

No. 1401-VIII of June 2, 2016)

 

Article 131. In Ukraine, the High Council of Justice functions which:

1. presents submission for the appointment of a judge to office;

2. decides on the violation by a judge or a prosecutor of the incompatibility requirements;

3. reviews complaints on decisions of the relevant body imposing disciplinary liability on a judge or a prosecutor;

4. decides on dismissal of a judge from office;

5. grants consent for detention of a judge or keeping him or her under custody;

6. decides on temporal withdrawal of the authority of a judge to administer justice;

7. takes measures to ensure independence of judges;

8. decides on transfer of a judge from one court to another;

9. exercises other powers defined by the Constitution and laws of Ukraine.

The High Council of Justice consists of twenty-one members: ten of them are elected by the Congress of Judges of Ukraine among judges or retired judges; two of them are appointed by the President of Ukraine; two of them are elected by the Verkhovna Rada of Ukraine; two of them are elected by the Congress of Advocates of Ukraine; two of them are elected by the All-Ukrainian Conference of Public Prosecutors; two of them are elected by the Congress of Representatives of Law Schools and Law Academic Institutions.

The procedure for election (appointment) of members of the High Council of Justice to office is prescribed by law.

The Chairperson of the Supreme Court is ex officio member of the High Council of Justice.

Term of the office for elected (appointed) members of the High Council of Justice is four years. The same person cannot hold the office of a member of the High Council of Justice for two consecutive terms.

A member of the High Council of Justice shall not belong to political parties, trade unions, take part in any political activity, hold a representative mandate, occupy any other paid office (except for the office of the Chairperson of the Supreme Court), engage in other paid work except academic, teaching or creative activity.

Member of the High Council of Justice shall be a legal professional and meet the requirement of political neutrality.

Additional requirements for member of the High Council of Justice may be provided for in the law.

The High Council of Justice is competent if not less than fifteen its members, the majority of whom being judges, are elected (appointed).

In the system of the judiciary, according to the law, there are established bodies and institutions which provide selection of judges, prosecutors, their professional training, assessment, consider disciplinary responsibility cases, provide financial and organisational support for the courts.

 (Article 131 according to the Law of Ukraine No. 1401-VIII dated 02.06.2016)