Relevant law No. 4734 was
supported by 281 MPs out of 381 registered in the session hall.
In particular, 128 MPs from
the Bloc of Petro Poroshenko faction voted "for" this decision, as
well as 78 MPs from the People's Front faction, two MPs from the Samopomich
faction, and one MP from the Opposition Bloc and the Radical Party factions
each.
In addition, all 23 MPs from the Vidrodzhennia ["Renaissance"]
faction supported the draft law, as well as 15 MPs from the Volia Narodu
["Will of the People"] faction, 12 MPs from the Batkivschyna faction,
and 21 independent MPs.
The law stipulates that the
judiciary system consists of local courts, courts of appeal and the Supreme
Court, which is the highest court in the judiciary system.
The Supreme Court should
consist of not more than 200 judges. Its structure includes the Grand Chamber
of the Supreme Court, the Administrative Court of Cassation, the Court of
Cassation, the Cassation Criminal Court and the Cassation Civil Court.
The Supreme Court shall be
formed within six months from the date when this law becomes effective. In the
same period, its judges shall be appointed on a competitive basis. The court
shall start work if at least 65 judges have been appointed.
The judicial system introduces
higher specialized courts, which will deal with certain categories of cases.
Ukraine will also get the Higher Specialized Court on Intellectual Property
Issues and the Higher Specialized Anti-Corruption Court.
According to the law, the
courts shall be formed and disbanded by law. The draft law on the creation or
liquidation of a court shall be submitted by the president to the Verkhovna
Rada after consultations with the Higher Council of Justice.
The judges shall be appointed by
the president on the proposal of the Higher Council of Justice.
A citizen of Ukraine no
younger than 30 and no older than 65 years with a degree in law and at least
five years of work in the field of law is eligible to be appointed as a judge.
Candidates for judges' positions should be professionals who abide by law and
speak the national language.
The law establishes a
procedure of selecting and appointing judges. The Higher Qualification
Commission of Judges holds a qualification examination, verification of
candidates within the law to combat corruption, as well as a tender for vacant
positions of judges. The commission puts applicants forward to the Higher
Council of Justice, which decides on nominating the candidate to the president
of Ukraine for appointment.
According to the law, the
independence of judges shall be ensured by their inviolability and immunity.
A judge can be informed of
suspicion of a criminal offense only by the Prosecutor General, or his or her
deputy.
A judge cannot be detained or
held in custody or arrested pending conviction without the consent of the
Higher Council of Justice, except for cases when a judge has been detained amid
or immediately after he or she has committed a grave crime. Also, the judge
cannot be held responsible for rulings unless a crime or disciplinary offense
has been committed.
The basic size of judges'
salary, under the law, is 30 minimum wages for local court judges; 50 for
judges of courts of appeals and higher specialized courts, and 75 for judges of
the Supreme Court Justice. The salary is subject to an increase on a regional
and experience basis.
Judges' income declarations
shall be verified at least once every five years.
The law also provides for the
establishment of a judicial protection service.
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