THE SUPREME COURT OF UKRAINE shall be the highest judicial body within
the system of courts of general jurisdiction.
The Supreme Court of Ukraine
shall:
review cases regarding unequal application by courts (court) of cassation
of the same rule of substantive law in similar legal relations in the manner
prescribed by the procedural law;
review cases when international judicial institution the jurisdiction of
which is recognized by Ukraine has established the violation of international
obligations by Ukraine when deciding case in court;
provide opinion on whether or not the actions of which the President of
Ukraine is accused contain elements of state treason or other crime; submit,
upon request of the Verkhovna Rada of Ukraine, a written motion stating that
the President of Ukraine is incapable of exercising his / her powers for health
reasons;
apply to the Constitutional Court of Ukraine for constitutionality of
laws or other legal acts as well as for the official interpretation of the
Constitution and laws of Ukraine.
Composition of the Supreme
Court of Ukraine
The composition of the Supreme Court of Ukraine comprises forty eight
judges, from the number of which shall be elected the President of the Supreme
Court of Ukraine, First Vice-President of the Supreme Court of Ukraine and four
Vice-Presidents of the Supreme Court of Ukraine.
A judge of the Supreme Court of Ukraine shall be a person who has worked
as a judge for at least fifteen years or a judge of the Constitutional Court of
Ukraine.
In the Supreme Court of Ukraine shall operate:
the Judicial Chamber on administrative cases;
the Judicial Chamber on commercial cases;
the Judicial Chamber on criminal cases;
the Judicial Chamber on civil cases.
The composition of the judicial chamber shall comprise judges of the
respective specialized jurisdiction (civil, criminal, commercial and
administrative).
The Plenary Assembly operates within the Supreme Court and shall be held
to address issues specified by the Constitution of Ukraine and by this Law.
Under the Supreme Court of Ukraine, there shall be created the
Scientific-consultative council the status of which shall be specified by this
Law.
The Supreme Court of Ukraine shall publish an official periodical and may
be a cofounder of other periodicals.
Judge of the Supreme Court
of Ukraine:
takes part in case consideration in the manner prescribed by the
procedural law;
takes part in consideration of matters put on the agenda of meetings of
the Plenary Assembly of the Supreme Court of Ukraine;
analyzes court practice;
submits, according to the established procedure,
proposals on ways to improve legislation and its application;
exercises other powers specified by the law.
President of the Supreme
Court of Ukraine:
represents the court as a body of state power in relations with other
bodies of state power, local self-government bodies, physical persons and legal
entities, as well as with judicial bodies of other states and international
organizations;
defines the administrative responsibilities of the First Vice-President
of the Supreme Court of Ukraine and Vice-Presidents of the Supreme Court of
Ukraine;
convenes the Plenary Assembly of the Supreme Court of Ukraine; submits
for consideration of the Plenary Assembly submission / suggestion regarding the
appointment of Plenary Assembly Secretary; introduces issues to be considered
by the Plenary Assembly, and presides at its meetings;
issues a relevant order on the basis of an act of election to the
position of a judge of the Supreme Court or of removal of a judge;
notifies the High Qualifications Commission of Judges of Ukraine of the
availability of vacant judicial positions in the Supreme Court of Ukraine
within a ten-day term of their opening;
supervises the activities of the staff of the Supreme Court of Ukraine,
submits to the Head of State Judicial Administration of Ukraine motions on
appointment and termination of heads of court staff, their deputies as well as
on their reward or disciplinary penalty according to legislation;
informs the Plenary Assembly of the Supreme Court of Ukraine about the
operation of the Supreme Court of Ukraine;
exercises other powers specified by the law.
The President of the Supreme Court of Ukraine shall issue orders and
instructions regarding matters within his / her administrative authority.
The President of the Supreme Court of Ukraine is an ex-officio member of
the High Council of Justice.
In the absence of the President of the Supreme Court of Ukraine, his /
her administrative powers shall be exercised by the First Vice-President; and
in the absence of the First Vice-President, the administrative powers shall be
exercised by one of the Vice-Presidents as determined.
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