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ACTUAL

OCTOBER, 2008

 

 




Courts of general jurisdiction

Article 125 of the Constitution of Ukraine stipulates the structure of the courts of general jurisdiction based on the principles of territoriality and specialization. While the principle of territoriality reflects the administrative territorial division of the country and is a traditional one, the principle of specialization is comparatively new in the court system of Ukraine. It foresees the creation in future of specialized courts in different spheres of justice (criminal, civil, administrative, financial and other) together with the corresponding superior courts.

 

According to the Law of Ukraine “On Court System”, adopted in February 2002, the specialized courts are commercial, administrative and other types of courts having the status of specialized. Today only commercial courts function as a separate type of courts. The Law envisions three years for creation of the system of administrative courts. It also stipulates, that until then all cases that lie within the jurisdiction of local administrative courts, are to be taken to the local courts of general jurisdiction, and the cases that lie within the jurisdiction of administrative courts of appeals and the Highest Administrative Court of Ukraine are to be heard in the corresponding general courts of appeal and the Cassation Court of Ukraine according to the judicial procedure stipulated by the corresponding laws. This is ensured by creation of specialized courts of administrative jurisdiction, including the corresponding panels of judges.

 

System of the courts of general jurisdiction of Ukraine

 

According to the Law of Ukraine “On Court System”, which came into effect in July, 2002, the system of courts of general jurisdiction includes:

  • local courts;
  • courts of appeal, the Appellate Court of Ukraine;
  • the Cassation Court of Ukraine;
  • highest specialized courts;
  • the Supreme Court of Ukraine.

 

The highest judicial body of general jurisdiction is the Supreme Court of Ukraine.  The highest bodies of the system of specialized courts are the corresponding highest specialized courts.

 

Local courts

 

Local courts of general jurisdiction hear criminal and civil cases as well as cases on administrative offences.

 

Local commercial courts hear cases connected with commercial relations as well as other cases attributed by the legislation currently in force to their jurisdiction.

 

Local administrative courts hear cases connected with the sphere of state administration and local self-government (cases of administrative jurisdiction) except for cases of administrative jurisdiction in the military sphere, which are taken to military courts.

 

Courts of appeal, the Appellate Court of Ukraine

 

The courts of appeal are appellate courts in the Autonomous Republic of Crimea, regions, cities of Kiev and Sevastopol, military courts of appeals of regions and the Navy, Court of Appeals of Ukraine. In case of necessity regional courts of appeal can be substituted by general courts of appeal with territorial jurisdiction in several regions. On August, 20th, 2001, the President of Ukraine signed a Decree “On network and quantitative structure of judges at courts of appeal”, according to which the courts of appeals are created within the Supreme Court of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city courts.

 

The courts of appeal shall:

  • examine appeals according to judicial procedures currently in force;
  • examine in the first instance cases as stipulated by the legislation currently in force (except for commercial courts of appeal);
  • account and analyze forensic statistics, research and summarize court practices;
  • provide consultations to local courts regarding application of the legislation currently in force.

 

The Court of Appeals of Ukraine also has the authority to examine appeals within its jurisdiction according to the active judicial procedures.

 

The Cassation Court of Ukraine

 

The Cassation Court of Ukraine shall:

  • examine cassations within its jurisdiction as well as in other cases under the active legislation;
  • account and analyze forensic statistics, research and summarize court practices;
  • provide consultations to courts of lower level regarding application of the legislation currently in force.

 

The cases at the Cassation Court of Ukraine shall be heard by panels of no less than 3 judges.

 

The Cassation Court of Ukraine comprises the following structures:

  • Judicial Chamber on civil cases;
  • Judicial Chamber on criminal cases;
  • Judicial Chamber on Military cases;
  • Presidium (for dealing with organizational issues)

 

Highest specialized courts

 

The highest bodies of the system of specialized courts are:

  • the High Commercial Court of Ukraine,
  • the High Administrative Court of Ukraine,
  • other high specialized courts created by the President of Ukraine.

 

According to the Article 39 of the Law of Ukraine “On Court System”, the highest specialized court of Ukraine shall:

 

  • examine cassations within its jurisdiction as well as in other cases under the active legal procedures;
  • account and analyze forensic statistics, research and summarize court practices;
  • provide consultations to courts of a lower level to ensure unanimity in the interpretation of the Constitution of Ukraine and the application of the legislation currently in force based on the generalization and analysis of forensic statistics; consult specialized courts of lower level regarding hearing of cases within their jurisdiction.

 

The cases at the highest specialized court are heard collectively.

 

The highest specialized court can create chambers on different categories of cases within the given specialization and jurisdiction.

 

The highest specialized court has a presidium composed of the Chairman, his deputies, deputies of the Heads of the chambers as well as elected judges, to deal with organizational issues. It also has a Plenary, dealing with general issues of activity of the corresponding courts.

 

The Supreme Court of Ukraine

 

According to the second part of Article 125 of the Constitution of Ukraine, the Supreme Court of Ukraine is the highest judicial body of general jurisdiction. It administers justice and ensures equal application of law by all general courts of Ukraine.

 

According to second part of Article 47 of the Law of Ukraine “On Court System”, the Superior Court of Ukraine shall:

·         examine cassations regarding decisions made by general courts in cases within its jurisdiction according to the active legislation; examine second cassations in all other cases heard at the courts of general jurisdiction; in cases stipulated by the legislation in action – examine other cases under special circumstances;

·         provide consultations to courts of lower level regarding application of the legislation currently in force based on the generalization and analysis of forensic statistics; if necessary, cancel the corresponding interpretations by the Plenary of the highest specialized court;

·         address the Constitutional Court of Ukraine in case courts of general jurisdiction have uncertainties regarding the constitutionality of laws and other legal acts in force as well as regarding official interpretation of the Constitution of Ukraine and other legislation;

·         account and analyze forensic statistics, research and summarize court practices, acquaint with the practice of application of legislation currently in force;

·         make decisions within its authority regarding issues connected with international agreements of Ukraine; represent general courts of Ukraine in relations with foreign courts.

 

According to the legislation in force the Supreme Court of Ukraine comprises the following structure:

·         Judicial Chamber on civil cases;

·         Judicial Chamber on criminal cases;

·         Judicial Chamber on administrative cases;

·         Judicial Chamber on economic cases;

·         Military Collegium;

·         Presidium, Plenary;

·         Council of Judges of Ukraine.

 

The Chairman of the Supreme Court of Ukraine is appointed and dismissed at the Plenary by means of secret ballot.

 

 

 






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