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Wording of New Law on Judicial System Appears on Parliament’s Site

Thursday, 14 July 2016 16:10

On Wednesday, July 13, 2016, the President of Ukraine reportedly signed the Law on Judicial System and Status of Judges, the Judicial-Legal Newspaper reports.

It included amendments to the draft law, announced during the session of the Verkhovna Rada Committee on Legal Policy and Justice by the people’s deputy of Ukraine Ihor Alekseev, concerning video shooting, requirements to the judges of appellate courts, creation of new appellate courts in districts and five-year judges.

Thus, the regulation, which stipulated that subject to the presence of relevant objections of the trial participant the court may forbid photo and video shooting of such participant, has been excluded.

The second proposal was about the requirements to the judge of the appellate court. In particular, now the judge of the appellate court (Art.28 of the draft law) can become not only the person, who had not less than 5 years of work experience as a judge according to the previous wording of the draft law, but the persons, who have seven years of experience in scientific activities, attorneys or the persons, who have experience in scientific activities and working as a judge/attorney.

The third proposal was about the p.3 of the Transitional Provisions. It is supplemented by the paragraph, according to which the appellate courts continue exercising authorities prior to creation of relevant courts and in appellate districts. New appellate courts in districts should be created within less than three years upon entry into force of this Law.

And, the most important, it included the amendment to modify p. 17 of Transitional Provisions.

It should be reminded that the initial draft, introduced by the Verkhovna Rada, included p. 17, which was worded as follows: “The authorities of judges, appointed for the period of 5 years before this law came into force, are suspended upon the expiration of the period, for which they were appointed. The judges, the authorities of whom were suspended due to the expiration of this period, may be appointed to the post of the judge after verification of their adequacy for the occupied position in terms of criteria of competence, professional ethics or decency as per results of qualification assessment, conducted under the procedures, established within this Law.”

Currently it is worded as follows: “The authorities of judges, appointed for the period of 5 years before this law came into force, are suspended upon the expiration of the period, for which they were appointed. The judges, the authorities of whom were suspended due to the expiration of this period, may be appointed to the post of the judge as per results of the competition, conducted under the procedures, established within this Law”.

It should be noted that the High Judicial Qualifications Commission of Ukraine completes the qualification assessment procedures, initiated prior to the entry into force of this Law, as per rules, effective as of the start date of such qualification assessment. The judges, who proved their capacity to administer justice in the relevant court as per the results of these procedures, do not undergo the qualification assessment procedure for corroborating their adequacy for the occupied position.

From the starting working day of the Supreme Court, stipulated by this Law, the Supreme Court of Ukraine, the Superior Specialized Civil and Criminal Court of Ukraine, the Higher Economic Court of Ukraine, the Higher Administrative Court of Ukraine terminate its activities and are liquidated in accordance with the established procedure.

The new law comes into force from the entry into force of amendments to the Constitution of Ukraine in terms of justice.

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