The Supreme Court of Ukraine

High courts with specialized jurisdiction

• The High Specialized Court on Civil and Criminal Cases, covering civil and criminal cases;
• The High Administrative Court of Ukraine, covering administrative cases;
• The High Commercial Court of Ukraine, covering economic and commercial cases.

• Supreme Court is the highest court within the system of courts of general jurisdiction, conducting the review re unequal application of the rules of substantive law by the cassation courts and subject to cases when international judicial institution the jurisdiction of which is recognized by Ukraine has established the violation of international obligations by Ukraine.

The Constitutional Court of Ukraine is a special body with authority to assess whether legislative acts of the Parliament, President, Cabinet or Crimean Parliament are in line with the Constitution of Ukraine. This Court also gives commentaries to certain norms of the Constitution or laws of Ukraine (superior acts of Parliament).

Authorities of the Constitutional Court of Ukraine include adopting decisions and providing conclusions in cases dealing with:

- constitutionality of laws and other legal acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, and the Verkhovna Rada of the Autonomous Republic of Crimea;

- conformity of the current international agreements of Ukraine or those international agreements introduced into the Verkhovna Rada of Ukraine to the Constitution of Ukraine;

- adherence to the constitutional procedure for investigation and consideration of cases on removing the President of Ukraine from the office following the impeachment procedure;

- official interpretation of the Constitution and laws of Ukraine.

Forms of application to the Constitution Court of Ukraine are constitutional submission and constitutional application.

Decisions and conclusions of the Constitutional Court of Ukraine are final and are not subject to appeal. They are mandatory for implementation throughout the entire territory of Ukraine. At the same time, the Law gives the right to a judge of the Constitution Court to present their specific opinion in writing, which is enclosed to the decision or conclusion.

The first appointment for the position of a professional judge for a five-year period is performed by the President of Ukraine on the basis of a recommendation by a relevant qualification commission of judges upon proposal of the Highest Council of Justice. All other judges must be elected without a time-limit by the Verkhovna Rada of Ukraine on the basis of recommendations provided by the Highest Qualification Commission of Judges of Ukraine upon proposal of the Head Judge of the Supreme Court of Ukraine.

The Law points out that the qualification commission may recommend to the post of judge a citizen of Ukraine who is over twenty five years old, has higher legal education and not less than a three-year working experience in the field of law, who resides in Ukraine for not less than ten years and speaks official language. According to the Law, passing a qualification exam is a necessary condition for the occupation of post of a judge in any court.

A judge must not refer to political parties and trade unions, as well as participate in any political activity, have representative mandate, occupy any other paid posts, do any other paid work except scientific, teaching and creative.

It is possible to be a judge of the Constitutional Court of Ukraine for a Ukrainian citizen who:

- has turned 40 by the date of appointment;

- has higher education majoring in law;

- has at least ten years of work record in practical, scientific or pedagogical activities in the field of specialty;

- speaks the official state language;

- has been residing in Ukraine for the past twenty years.

The Law sets the system of guarantees of judge's professional activity. The Law guarantees to judges their personal immunity, secrecy of court decision, legal protection, as well as material and social provision. The Law also prohibits any not envisaged by law interference in judge's activity concerning justice execution, detention or arrest of a judge without the consent of the Verkhovna Rada until bill of indictment concerning him/her is carried out by the court.

Дата добавления: 2014-01-11