The corps of judges
Justice is administered by professional judges and, in cases determined by law, people’s assessors and jurors.
Conditions of election or appointment of the judges for the office:
A citizen of Ukraine, not younger than the age of twenty-five, who has a higher legal education and has work experience in the sphere of law for no less than three years, has resided in Ukraine for no less than ten years and has command of the state language, may be recommended for the office of judge by the Qualification Commission of Judges.
Persons with professional training in issues of jurisdiction of specialised courts may be judges of these courts. These judges administer justice only as members of a collegium of judges.
A citizen of Ukraine who has attained the age of forty on the day of appointment, has a higher legal education and professional experience of no less than ten years has resided in Ukraine for the last twenty years, and has command of the state language, may be a judge of the Constitutional Court of Ukraine.
The order of election or appointment of the judges for the office:
The first appointment of a professional judge to office for a five-year term is made by the President of Ukraine. All other judges, except the judges of the Constitutional Court of Ukraine, are elected by the Verkhovna Rada of Ukraine for permanent terms-by the procedure established by law.
Judges hold office for permanent terms, except judges of the Constitutional Court of Ukraine, and judges appointed to the office of judge for the first time.
The Chairman of the Supreme Court of Ukraine is elected to office and dismissed from office by the Plenary Assembly of the Supreme Court of Ukraine by secret ballot, by the procedure established by law.
The President of Ukraine, the Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine each appoint, six judge to the Constitutional Court of Ukraine.
The Chairman of the Constitutional Court of Ukraine is elected by secret ballot only for one three-year term at a special plenary meeting of the Constitutional Court of Ukraine from among the judges of the Constitutional Court of Ukraine.
Limitations connected to office of the judge:
Professional judges shall not belong to political parties and trade unions, take part in arty political activity, hold a representative mandate, occupy any other paid positions, perform other remunerated work except scholarly, teaching and creative activity.
Conditions of dismiss the judges from office:
A judge is dismissed from office by the body that elected or appointed him or her in the event of:
1) the expiration of the term for which he or she was elected or appointed;
2) the judge’s attainment of .the age of sixty-five;
3) the impossibility to exercise his or her authority for reasons of health;
4) the violation by the judge of requirements concerning incompatibility;
5) the breach of oath by the judge;
6) the entry into legal force of a verdict of guilty against him or her;
7) the termination of his or her citizenship;
8) the declaration that he or she is missing, or the pronouncement that he or she is dead;
9) the submission by the judge of a statement of resignation or of voluntary dismissal from office.
The authority of the judge terminates in the event of his or her death.
Competition of High Council of Justice:
According to the article 131 of the Constitution of Ukraine and according to the Law of Ukraine № 0022 «About High Council of Justice» from 15.01.1998 the High Council of Justice operates in Ukraine, whose competence comprises:
1) forwarding submissions on the appointment of judges to office or on their dismissal from office;
2) adopting decisions in regard to the violation by judges and procurators of the requirements concerning incompatibility;
3) exercising disciplinary procedure in regard to judges of the Supreme Court of Ukraine and judges of high specialised courts, and the consideration of complaints regarding decisions on bringing to disciplinary liability judges of courts of appeal and local courts, and also procurators.
The High Council of Justice consists of twenty members. The Verkhovna Rada of Ukraine, the President of Ukraine, the Congress of Judges of Ukraine, the Congress of Advocates of Ukraine, and the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions, each appoint three members to the High Council of Justice, and the All-Ukrainian Conference of Employees of the Procuracy — two members of the High Council of Justice.
The Chairman of the Supreme Court of Ukraine, the Minister of Justice of Ukraine and the Procurator General of Ukraine are ex officio members of the High Council of Justice.
The warranties of activity the judge:
The independence and immunity of judges are guaranteed by the Constitution and the laws of Ukraine.
Influencing judges in any manner is prohibited.
A judge shall not be detained or arrested without the consent of the Verkhovna Rada of Ukraine, until a verdict of guilty is-rendered by a court.
State ensures the personal security of Judges and their families.
Persons guilty of contempt of court or of showing disrespect toward the judge are brought to legal liability.
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© Николай Пашковский 2002