TEXT B. COURTS OF UKRAINE

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.

The judicial system of Ukraine consists of four levels of courts of general jurisdiction, as follows:

Local courts of general jurisdiction (combining criminal and civil jurisdiction) consisting of:

− district, urban district and town courts;

− regional courts;

− city courts in Kiev and Sevastopol;

− administrative local courts.

Courts of Appeal, consisting of:

− appellate court of the Autonomous Republic of Crimea;

− regional appellate courts;

− appellate courts of the cities of Kiev and Sevastopol;

− appellate court of the Ukrainian Navy;

− regional military appellate courts;

− economic appellate courts (known also as arbitration courts);

− administrative appellate courts

The Appellate Court of Ukraine (currently not existed)

High courts with specialized jurisdiction:

The High Administrative Court of Ukraine, covering administrative cases;

The High Arbitration Court of Ukraine, covering economic and commercial cases

The Supreme Court, covering all cases.

The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine decides on issues of conformity of laws and other legal acts with the Constitution of Ukraine and provides the official interpretation of the Constitution of Ukraine and the laws of Ukraine.

The Court initiated its activity on October 18, 1996. The first Court ruling was made on May 13, 1997.

The authority of the Constitutional Court is derived from Ukraine’s Constitution – Chapter XII.

The Court:

Ø on the appeal of the President, no less than 45 members of the parliament, the Supreme Court of Ukraine, the Ombudsman, or the Crimean parliament, assesses the constitutionality of:

− laws and other legal acts of the parliament;

− acts of the President;

− acts of the Cabinet;

− legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea (Crimean parliament);

Ø officially interprets the Constitution and laws of Ukraine;

Ø on the appeal of the President or the Cabinet, provides opinions on the conformity with the Constitution of international treaties;

Ø on the appeal of the parliament, provides an opinion on the observance of the procedure of impeachment of the President;

Ø provides an opinion on the compliance of a bill on introducing amendments to the Constitution with the restrictions imposed by the Constitution.

The Court’s rulings are mandatory for execution in Ukraine, are final and cannot be appealed. Laws and other legal acts, or their separate provisions, that are unconstitutional, lose legal force.

The Court is composed of 18 judges, appointed in equal shares by the President, the parliament, and the Congress of Judges.

A judge must be a citizen of Ukraine and must have:

− the age of forty;

− a higher legal education and professional experience of no less than 10 years;

− resided in Ukraine for the last twenty years;

− command of the state language.

Judges are appointed for nine years without the right of reappointment. The President and parliament are required to fill a vacant position within one month and the Congress of judges has three months to do so.

The Chairman of the Court is elected by secret ballot for a single three-year term from and by the members of the Court.

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.

Date: 2015-12-11; view: 991