The Law of Ukraine “On ensuring the right to a fair trial”

President of Ukraine Poroshenko signed the law of Ukraine № 192-VIII  “On ensuring the right to a fair trial”.

The Law lays down the legal basis for judicial reform that would ensure the effective protection of the rights and freedoms of citizens and interests of legal persons in court, the practical realization of the right to a fair trial.

The law provides the competitive for selection of judges, a total re-certification of judges, a clear list of possibilities to dismiss judges and bringing them to disciplinary action.

According to the Law, the conclusions of the Supreme Court of Ukraine on the application of the law shall be binding on the subjects of power, and the courts should take it into account that will ensure the uniform application of the law.

In accordance with international standards regulate the establishment of courts, the appointment of judges to administrative positions, optimizing the composition of the courts and their activities.

Executive authorities will have no impact on the procedures for establishing courts and the number of judges.

Refined and enhanced guarantees of an independence and immunity of judges, their rights and responsibilities, introducing a new text of the oath of a judge.

Become more transparent procedure for appointing judges to the position, inclusive of the procedures for selecting candidates. Regulated procedures for the election of judges indefinitely and their appointment and transfer to other courts, which should take place only on a competitive basis.

Also regulated by independent testing professional level judges, the results of which will depend on his future career. Introduced certification qualifications of judges.

In addition, the document provides a clear definition of the grounds and procedure of the disciplinary proceedings regarding judges, the introduction of the 8 types of disciplinary actions, clear deadlines for bringing judges to responsibility and maturity of disciplinary action. This sets safeguards for judges and competition in the disciplinary proceedings.

The Law also makes changes to the organization and order of the High Qualification Commission of Judges of Ukraine, which will operate as part of the qualification and disciplinary chambers. The law does not take effect until the complete formation of the High Council of Justice and the High Qualification Commission.