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Law of Ukraine
On the High Council of JusticePart I. GENERAL
Article 1. Status of the High Council of Justice
The status of the High Council of Justice shall be established by the Constitution of Ukraine and by this Law.
The High Council of Justice shall present a collective independent body responsible for the formation of highly professional corps of judges capable of qualified, honest and unbiased conduct of justice on a professional basis, as well as for decision-making relating to judges' and public prosecutors' infringement of requirements of non-combination of jobs and, within its competence, of their disciplinary accountability.
The term of office of the High Council of Justice members, with the exception of those incorporated by their position, shall make six years.
The High Council of Justice shall be a legal entity, with expenses for its maintenance determined separately by the State budget of Ukraine.Article 2. Regulatory and legal principles of activity of the High Council of Justice
Competence, organisation and procedures of the High Council of Justice shall be specified by the Constitution of Ukraine, by this Law and by the Regulations of the High Council of Justice, as approved at its session.
Article 3. Competence of the High Council of Justice
The High Council of Justice shall:
1) submit proposals to the President of Ukraine as to appointment of judges or their release from duties;
2) examine cases and take decisions as to judges' and public prosecutors' infringement of requirements of non-combination of jobs;
3) execute disciplinary proceedings involving judges of the Supreme Court of Ukraine and judges of highest specialised courts;
4) consider complaints about decisions of calling judges of courts of appeal, local courts, and public prosecutors to disciplinary account.
Article 4. Symbols and location of the High Council of JusticeThe High Council of Justice shall have its seal bearing the National Emblem of Ukraine and its name, and the emblem of the High Council of Justice, as approved by its decision.
The National Emblem of Ukraine and the State Banner of Ukraine shall present unalienable attributes of the session hall of the High Council of Justice.
The High Council of Justice shall be located in the city of Kyiv.Article 5. Membership of the High Council of Justice
In accordance with the Constitution of Ukraine, the High Council of Justice shall be made of twenty members.
The Verkhovna Rada of Ukraine, the President of Ukraine, the Congress of Judges of Ukraine, the Congress of Advocates of Ukraine, the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions shall each appoint three members, and the All-Ukrainian Conference of Employees of the Procuracy shall appoint 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.Article 6. Requirements to members of the High Council of Justice and guarantees of their activity
Nominated for a member of the High Council of Justice may be a citizen of Ukraine no younger than thirty five and no older than sixty years old, residing in Ukraine for no less than the latest ten years, in command of the national language, with higher judicial education and length of service in the field of law of no less than ten years.
The requirements specified in Paragraph one of this Article shall not extend to persons being members of the High Council of Justice by their position.
Influence on members of the High Council of Justice shall not be allowed in any manner.Article 7. Restrictions as to the High Council of Justice membership
Persons legally admitted incapable, partly capable and those having non-cancelled or non-expunged previous conviction shall not be members of the High Council of Justice.
Part II. PROCEDURE OF FORMATION OF THE HIGH COUNCIL OF JUSTICE
Article 8. Procedure of appointment of members of the High Council of Justice by the Verkhovna Rada of Ukraine
Members of the High Council of Justice shall be appointed by the Verkhovna Rada of Ukraine by secret ballot.
Proposals as to the nomination for the High Council of Justice shall be made by groups and factions of deputies.
Appointed member of the High Council of Justice shall be a nominee which has obtained a majority of votes of the constitutional membership of the Verkhovna Rada of Ukraine, by the results of secret ballot.Article 9. Procedure of appointment of members of the High Council of Justice by the President of Ukraine
The President of Ukraine shall issue a Decree on appointment of members of the High Council of Justice.
Article 10. Procedure of appointment of members of the High Council of Justice by the Congress of Judges of Ukraine
Nominees for members of the High Council of Justice of Ukraine shall be named by the Congress of Judges of Ukraine upon proposal by the congress delegates, voted by show of hands, by a majority of present congress delegates, and be entered in the ballot for secret ballot of each nominee.
Appointed member of the High Council of Justice of Ukraine shall be a nominee which has obtained a majority of votes of elected delegates to the Congress of Judges of Ukraine. In case the number of voted nominees exceeding the number of vacant High Council of Justice member seats, appointed shall be nominees obtaining more votes as compared to other nominees.
By the results of voting the chairman and the secretary of the Congress shall sign resolutions of appointment of the High Council of Justice members.
The procedure of convening a Congress of Judges of Ukraine shall be specified by Law of Ukraine On Judicial Self-Administration Bodies.Article 11. Procedure of appointment of members of the High Council of Justice by the Congress of Advocates of Ukraine
Nomination and appointment of members of the High Council of Justice of Ukraine by the Congress of Advocates of Ukraine shall be performed in accordance with the procedure set by Paragraphs one - three, Article 10 of this Law.
Delegates to the Congress of Advocates of Ukraine shall be elected at the Republican (the Autonomous Republic of Crimea), regional, city (Kyiv and Sevastopol) conferences of lawyers. Participating in those conferences may be no more than five delegates from each district or town subordinate to regional authority, elected by district or town (subordinate to regional authority) conferences of lawyers.
Other matters of the procedure of convening a Congress of lawyers shall be specified by Law of Ukraine On the Bar.Article 12. Procedure of appointment of members of the High Council of Justice by the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions
Nomination and appointment of members of the High Council of Justice of Ukraine by the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions shall be performed in accordance with the procedure set by Paragraphs one - three, Article 10 of this Law.
Delegates to the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions shall be elected at the Republican (the Autonomous Republic of Crimea), regional, city (Kyiv and Sevastopol) conferences of employees of said institutions.
Higher judicial educational institutions, faculties and scientific establishments of the Autonomous Republic of Crimea, regions, cities of Kyiv and Sevastopol shall elect to the congress five delegates each.Article 13. Procedure of appointment of members of the High Council of Justice by the All-Ukrainian Conference of Employees of the Procuracy
Nomination of members of the High Council of Justice of Ukraine and voting at All-Ukrainian Conference of Employees of the Procuracy shall be performed in accordance with the procedure set by Paragraphs one - three, Article 10 of this Law.
Representatives to the All-Ukrainian Conference of Employees of the Procuracy shall be elected at the Republican (the Autonomous Republic of Crimea), regional, city (Kyiv and Sevastopol) conferences of employees of public prosecutor offices. All officials of procurator offices of relevant administrative-territorial units shall be eligible to participate in those conferences.
In case more than two candidates were nominated for members of the High Council of Justice at a conference, and none of them or one of them has been elected, repeated voting shall be held over two nominees which have collected more votes of the conference delegates in the first round.
In case the necessary number of members of the High Council of Justice within the specified limit have not been elected during the repeated voting, another voting shall be held with other nominees for vacant seats of members of the High Council of Justice, in accordance with the procedure specified by Paragraph three of this Article.
In case no more than two nominees were named at a conference, and neither of them has received the required majority of votes, repeated voting with other nominees shall be held, to fill vacant seats of members of the High Council of Justice.Article 14. Terms of convening congresses and conferences to appoint members of the High Council of Justice
Congresses of judges, lawyers, employees of juridical higher education and scientific institutions, the All-Ukrainian Conference of Employees of the Procuracy shall be held to appoint members of the High Council of Justice no later than one month prior to the expiry of duties or corresponding members of the High Council of Justice.
Article 15. Ballot for voting at a congress and a conference
The form of ballot, procedure of voting and calculation of votes shall be established correspondingly by congresses of judges, lawyers of Ukraine, representatives of juridical higher education and scientific institutions, and by All-Ukrainian Conference of Employees of the Procuracy.
Voting shall be done by one ballot, with names of all candidates, nominated at a relevant congress or conference, entered in alphabetical order.
Voting in favour of a candidate shall be done by leaving the words "in favour" and crossing out the word "against" against a candidate's name. Voting against a candidate shall be done by crossing out the words "in favour" against a candidate's name.
Ballots in which more names were left than set for election by a relevant congress or conference of employees of public prosecution offices, and ballots of non-standard form shall be considered invalid.Article 16. Competence of the High Council of Justice
The High Council of Justice shall be considered competent on the condition of appointment of no less than three quarters of its constitutional membership and their taking the oath, with account of persons being members of the High Council of Justice by their position.
Article 17. Oath of a member of the High Council of Justice
Prior to entering into office, but no later than two months from the day of appointment, a member of the High Council of Justice shall take the oath at a session of the Verkhovna Rada of Ukraine, as follows: "I swear to perform the duties of a member of the High Council of Justice conscientiously, honestly and without prejudice, in order to ensure formation of the corps of judges from highly qualified and honest lawyers, and observance of the Law and ethical norms in the activity of judges and public prosecutors".
Refusal to take the oath shall entail loss of membership in the High Council of Justice.Article 18. Termination of powers of a member of the High Council of Justice
Powers of a member of the High Council of Justice shall be terminated in the following cases:
1) expiry of term for which a member was appointed;
2) verdict of "guilty" brought in by a court with respect to a member, coming into legal force;
3) loss of Ukrainian citizenship;
4) a member being assumed missed or declared deceased;
5) on grounds specified in Article 7 of this Law;
6) a member's application of termination of his powers;
7) inability to perform his duties for poor health, in presence of a medical finding certified by the court;
8) breach of the oath, or commitment of immoral deeds. In case of a person being a member of the High Council of Justice by his position breaking the oath, the High Council of Justice shall adopt and forward to the body, which has elected or appointed the said member, its decision as to the advisability of his further service;
9) release from the post making him a member of the High Council of Justice;
10) his death.
A decision of termination of powers of a member of the High Council of Justice in cases provided by items 1-4, 6, 7, 9, Paragraph one of this Article, shall be take by the High Council of Justice, and in cases provided by items 5 and 8 hereinbefore, by the body appointing the member of the High Council of Justice.
Persons being members of the High Council of Justice by their position shall be withdrawn from the High Council of Justice on the day of their removal from the corresponding position. Appointment of a new member of the High Council of Justice to replace a released one shall be done no later than two months after passing decisions envisaged by Paragraph two of this Article.
Part III PROCEDURES OF THE HIGH COUNCIL OF JUSTICE
Chapter 1. Organisation and structure of the High Council of Justice
Article 19. Structure of the High Council of Justice
The High Council of Justice shall form sections:
of preparation of representations for initial appointment of judges and their release from duties;
disciplinary section, to conduct disciplinary proceedings, consider complaints about decisions of calling judges and public prosecutors to disciplinary account and about decisions on violation of requirements of non-combination of jobs.
Supervising the activities of the High Council of Justice shall be the Chairman of the High Council of Justice, and in his absence - Deputy Chairman of the High Council of Justice.
Chairman, Deputy Chairman, secretaries of sections of the High Council of Justice shall exercise their duties on a permanent basis. Persons appointed members of the High Council of Justice, with the exception of People's Deputies of Ukraine, for the term of office of members of the High Council of Justice shall be constantly attached to the High Council of Justice, while retaining their positions and corresponding preferences.Article 20. Chairman of the High Council of Justice
The Chairman of the High Council of Justice shall manage the activities of the High Council of Justice.
The Chairman of the High Council of Justice shall be elected from among the High Council of Justice members for a three-year term, without the right of re-election, at the initial session of the High Council of Justice, by secret ballot, with ballots, containing any number of candidates offered by members of the High Council of Justice. None of the persons being members of the High Council of Justice by their position may be elected Chairman of the High Council of Justice.
The procedure of voting shall be established by the High Council of Justice.
Opening and presiding over the initial session of the High Council of Justice prior to the election of the Chairman of the High Council of Justice shall be the Chairman of the Supreme Court of Ukraine, and in his absence - the Minister of Justice of Ukraine.
A decision of election of the Chairman of the High Council of Justice shall be considered passed, if voted in favour by more than one half of the constitutional membership of the High Council of Justice.Article 21. Competence of the Chairman of the High Council of Justice
Competence of the Chairman of the High Council of Justice shall include:
organisation of work of the High Council of Justice, and presiding over its sessions;
co-ordination of work of sections and members of the High Council of Justice;
appointment of sessions of the High Council of Justice;
sending of representations of the High Council of Justice to the President of Ukraine, concerning appointment of judges and their release from duties;
general supervision of the High Council of Justice staff;
management of budget allocations for maintenance and support of activities of the High Council of Justice;
other powers as may be provided by the procedures of the High Council of Justice.
The Chairman of the High Council of Justice shall represent the High Council of Justice in relations with other bodies and organisations.Article 22. Deputy Chairman of the High Council of Justice
The High Council of Justice shall elect Deputy Chairman of the High Council of Justice, to perform the Chairman's duties in case of his absence, to arrange for preparation of cases for examination, and to perform other such duties as may be provided by this Law and by the procedures of the High Council of Justice.
Deputy Chairman of the High Council of Justice shall be elected in accordance with the procedure specified in Article 20 of this Law.Article 23. Sections of the High Council of Justice
A decision as to formation of sections of the High Council of Justice and their personal membership shall be taken at the initial session of a newly established High Council of Justice.
Sections' activities shall be organised in accordance with this Law and the procedures of the High Council of Justice.
Organising a section's activities shall be the section's secretary, to be elected by show of hands from among candidates proposed by members of the High Council of Justice, except those being its members by their position.
A section shall take decisions within its competence and submit them for consideration by the High Council of Justice.
Chapter 2. Organisation of activities of the High Council of Justice
Article 24. Session of the High Council of Justice
A session of the High Council of Justice shall be considered valid, if attended by no less than two thirds of its constitutional membership.
Minutes shall be recorded at a session of the High Council of Justice.
Decisions shall be passed by a majority of the constitutional membership of the High Council of Justice, unless otherwise provided by this Law. A decision of the High Council of Justice shall be taken within premises unattended by other persons, not being members of the High Council of Justice.
A sitting of a High Council of Justice section shall be considered valid, if attended by no less than three quarters of its membership.
Conclusions of a High Council of Justice section shall be adopted by a majority of members of the High Council of Justice present at the sitting.Article 25. Competence of the High Council of Justice at examination of cases
In order to exercise its duties, the High Council of Justice may request and obtain necessary information and cases from courts, enterprises, institutions, organisations, individuals and public associations. Cases, proceeding of which has not been completed, shall be submitted to members of the High Council of Justice upon their request for familiarisation in connection with instructions of control of separate cases, as directed by the Chairman or Deputy Chairman of the High Council of Justice.
A member of the High Council of Justice shall have the right to familiarise himself with materials submitted for the Council's examination, to participate in their elucidation and control, to send applications, cite his motives, and submit relevant document.Article 26. Rejection of a member of the High Council of Justice
A member of the High Council of Justice shall not participate in examination of an issue, and shall be rejected, if it is established, that he is personally interested, directly or indirectly, in the outcome of the case, is a relative of the person involved in the case, or under other established circumstances, which may raise doubt of his impartiality. In presence of such circumstances a member of the High Council of Justice shall announce his rejection. Under similar circumstances, a member of the High Council of Justice may be rejected by a person representing the case, or by a person lodging a complaint. Rejection may be declared at any moment prior to the High Council of Justice taking its decision.
A rejection shall be well-grounded and be put in writing prior to consideration of the matter.
A decision of rejection (self-rejection) shall be taken by a majority of votes of members of the High Council of Justice participating in the session, secretly, in the consulting room, in absence of the member of the High Council of Justice subject to rejection (self-rejection).Article 27. Deeds of the High Council of Justice
The High Council of Justice shall adopt the following deeds:
1) representation of appointment of judges;
2) representation of judges' release from their duties;
3) decision of infringement of requirements of non-combination of jobs;
4) decision of disciplinary accountability;
5) decision on a complaint about a decision of calling to disciplinary account;
6) decision of release of a member of the High Council of Justice from his duties in cases provided by Article 18 of this Law.
The High Council of Justice shall adopt the following procedural deeds:
1) decision of a disciplinary proceeding;
2) decision of a proceeding upon legislative requirements as to non-combination of jobs;
3) decision of refusal of a nomination;
4) decision of rejection (self-rejection) of a member of the High Council of Justice;
5) other procedural documents as may be required for the discharge of functions by the High Council of Justice.Article 28. Responsibility for non-execution of deeds by the High Council of Justice
Non-execution or late execution of deeds of the High Council of Justice, evasion from presentation or violation of terms of presentation of requested documents and materials to the High Council of Justice shall entail legal responsibility of relevant officials.
Part IV. HIGH COUNCIL OF JUSTICE RESOLUTION OF MATTERS WITHIN ITS COMPETENCE
Chapter 1. Participation of the High Council of Justice in the formation of the corps of judges
Article 29. Initial nomination of judges
The High Council of Justice shall upon recommendation of the qualification commission of judges submit proposals to the President of Ukraine as to the initial appointment of a citizen of Ukraine a judge.
Enclosed to the relevant representation of the High Council of Justice shall be:
1) recommendation by the qualification commission;
2) personal employment sheet and autobiography of a candidate for a judge;
3) copies of diplomas of education, academic degree or status;
4) a copy of an essay on legal matters, drawn up by the candidate for a judge;
5) review of the essay;
6) a copy of the income declaration for the past year.
A nominee for a judge shall be considered in person after a report by a member of the High Council of Justice, acting on a commission from the relevant section conducting preliminary examination of materials relating to the candidate for a judge.
A decision on a candidate for a judge shall be taken at a session of the High Council of Justice by show of hands. A proposal of nomination of a candidate for representation to the President of Ukraine shall be considered approved if voted in favour by more than one half of the constitutional membership of the High Council of Justice.
Chapter 2. Consideration of issues of release of judges from their duties
Article 30. Subjects eligible to make proposals as to release of judges from their duties
Turning to the High Council of Justice with proposals as to release of judges from their duties may be the following persons:
1) a People's Deputy of Ukraine;
2) the Commissioner of the Verkhovna Rada of Ukraine on human rights;
3) corresponding qualification commission of judges;
4) a member of the High Council of Justice.
A member of the High Council of Justice raising the issue of release of a judge from his duties shall not participate in voting during the decision-making.Article 31. Proposal as to release from duties on general grounds
The High Council of Justice shall on a proposal of the qualification commission of judges or on its own initiative lodge a representation as to release of judges from their duties, to be submitted to the body which has appointed or elected the judges.
A decision on proposals of release of judges from their duties on grounds specified in items 1 - 3, 7 - 9, Paragraph five, Article 126 of the Constitution of Ukraine shall be taken at a session of the High Council of Justice by a majority of votes of its members participating in the session. In case of a judge's application for his release of duties on his own accord, the High Council of Justice shall lodge a representation as to the release of a judge from his duties to the body which has appointed or elected the judge upon preliminary elucidation of the judge's true will, presence of outside pressure or compulsion.Article 32. Proposal as to a judge's release from duties on special grounds
The High Council of Justice shall consider the issue of a judge's release from his duties on grounds specified in items 4 and 5, Paragraph five, Article 126 of the Constitution of Ukraine upon submission of a relevant conclusion by the qualification commission, or on its own initiative. The judge involved shall obligatory be invited to the session.
A decision on lodging a representation by the High Council of Justice as to a judge's release from duties in accordance with items 4 and 5, Paragraph 126 of the Constitution of Ukraine, shall be taken by no less than two thirds of votes of the High Council of Justice participating in the session, and in cases provided by item 6, Paragraph five, Article 126 of the Constitution of Ukraine - by a majority of votes of the constitutional membership of the High Council of Justice.
Chapter 3. Decision-making on infringement of legislative requirements of non-combination of jobs
Article 33. Consideration of issues of non-combination of jobs
The High Council of Justice shall consider issues of judges' and public prosecutors' infringement of requirements of non-combination of their duties with activities prohibited by the Constitution and Laws of Ukraine.
The High Council of Justice may pass a decision:
1) of assuming a supplementary occupation of a judge or a public prosecutor as non-complying with a judge's or a public prosecutor's duties, and may suggest him within a term specified by the High Council of Justice take a decision as to further employment as a judge or a public prosecutor, or engagement in other activity, with notification of the High Council of Justice;
2) of establishing the fact of a judge's or a public prosecutor's infringement of requirements of non-combination of jobs, and forward a representation to relevant bodies, suggesting their release from official duties.Article 34. Subjects eligible to apply on matters of infringement of legal requirements of non-combination of jobs
Turning to the High Council of Justice with a proposal to examine the issue of incompatibility of a judge's or a public prosecutor's activities with their official duties may be the following persons:
1) a People's Deputy of Ukraine;
2) the Chairman of the Supreme Court of Ukraine, chairmen of highest specialised courts, the Minister of Justice of Ukraine - with regard to judges;
3) Procurator-General of Ukraine - with regard to public prosecutors;
4) Qualification commissions of judges.
The High Council of Justice may, proceeding from the materials at its disposal, consider the issue of incompatibility on its own initiative.Article 35. Decision as to incompatibility of a judge's official duties with other activities
The High Council of Justice shall, upon representation of subjects specified in Article 34 of this Law, consider the issue of incompatibility of a judge's official duties with other activities.
A decision on incompatibility shall be taken at a session, by a majority of votes of the constitutional membership of the High Council of Justice, and be binding for immediate execution by the judge, or serve as a basis for lodging a representation of the judge's release from his duties.Article 36. Decision as to incompatibility of a public prosecutor's official duties with other activities
The High Council of Justice shall, upon representation of subjects specified in Article 34 of this Law, or upon a proposal by the disciplinary board of a public prosecutor's office, or by its own initiative, consider the issue of incompatibility of a public prosecutor's official duties with other activities.
A decision on incompatibility shall be taken at a session, by a majority of votes of the constitutional membership of the High Council of Justice, and be binding for immediate execution by the relevant authorities of the Public Prosecutor's office, to which it is forwarded.
Chapter 4. Disciplinary proceeding involving judges of the Supreme Court of Ukraine and highest specialised courts
Article 37. Punishments applied by the High Council of Justice
The High Council of Justice may bring the Chairman, Deputy Chairmen and judges of the Supreme Court of Ukraine, Chairman, Deputy Chairmen and judges of highest specialised courts to disciplinary account on grounds provided by item 5, Paragraph five, Article 126 of the Constitution of Ukraine, and by Law of Ukraine On the Status of Judges.
The High Council of Justice may impose the following punishments on those judges:
1) reproof;
2) downgrading of qualification class.
The High Council of Justice may pass a decision of a judge's non-compliance with the occupied position, and forward this decision to the body which has appointed or elected the judge.Article 38. Grounds for disciplinary proceeding
Serving as grounds for a disciplinary proceeding shall be a representation by:
1) a People's Deputy of Ukraine;
2) the Commissioner of the Verkhovna Rada of Ukraine on human rights;
3) a member of the High Council of Justice, upon the results of verification of obtained information.Article 39. Stages of disciplinary proceeding
Disciplinary proceeding shall involve the following stages:
1) verification of information of a disciplinary misdemeanour;
2) opening of a disciplinary proceeding;
3) consideration of a disciplinary case;
4) passing a decision.
Upon the results of verification, a conclusion shall be drawn up, specifying facts and circumstances established in course of verification, and putting proposals.Article 40. Verification of information of a disciplinary misdemeanour
Information of a disciplinary misdemeanour shall be verified by a member of the High Council of Justice upon commission from the High Council of Justice, its Chairman or Deputy Chairman, by means of obtaining relevant written explanations from the judge and other persons, requesting of and familiarisation with materials of court proceedings, obtaining other information from any bodies, organisations, institutions, individuals or public associations.
Upon the results of verification, a report shall be drawn up, specifying actual circumstances established in course of verification, along with conclusions and proposals. The judge subject to verification shall get to know the report and the materials.
The report and all materials shall be forwarded to the High Council of Justice, to decide on advisability of disciplinary proceeding.Article 41. Commencing of a disciplinary proceeding
In presence of grounds for disciplinary proceeding with regard to the Chairman, Deputy Chairman or a judge of the Supreme Court of Ukraine, chairman, deputy chairman or a judge of a highest specialised court, disciplinary proceeding shall be open upon a resolution of the High Council of Justice within ten days from the day of obtaining information about a judge's disciplinary misdemeanour, and in case such information requires verification - within no more than ten days from the completion of verification.
Article 42. Examination of a disciplinary case and taking a decision
The High Council of Justice shall examine a disciplinary case at the nearest session of the High Council of Justice after receipt of the conclusion and verification materials.
A decision on a disciplinary case shall be taken in absence of the person involved, by secret ballot, by a majority of constitutional membership of the High Council of Justice, and shall specify the name of the commission, surname, first name, patronymic and position of the judge brought to disciplinary account, circumstances of his disciplinary misdemeanour, the judge's explanations and information characterising his personality, motives for the decision taken, with reference to the evidence, disciplinary punishment applied to the judge, or grounds for termination of the proceeding, as well as the procedure and the term of appeal against the decision.
In case of imposing a disciplinary punishment, taken into consideration shall be the nature of the disciplinary misdemeanour, its consequences, the judge's personality, his guilt and other circumstances which may influence the accountability.
When deciding on a judge's disciplinary accountability, the High Council of Justice shall hear his explanation. Consideration of a disciplinary case in absence of the judge involved shall be allowed only in case of his failure to attend the session of the High Council of Justice without valid reasons.Article 43. Terms of application of a disciplinary punishment
A disciplinary punishment shall be imposed by on a judge the High Council of Justice no later than six months after revealing the misdemeanour, with the exception of the term of temporary disablement or vacation of the judge, but no later than one year from the misdemeanour.
Article 44. Cancellation or remission of disciplinary punishment
If within a year from imposition of a disciplinary punishment a judge is not subjected to another disciplinary punishment, this judge shall be considered as having no disciplinary punishment. A disciplinary punishment imposed on a judge may be remitted by the High Council of Justice earlier, upon an application of the judge involved, but no less than six months after the punishment was applied.
Chapter 5. Consideration of complaints about a decision of calling judges and public prosecutors to disciplinary account
Article 45. Powers of the High Council of Justice at consideration of complaints about a decision of calling judges and public prosecutors to account
The High Council of Justice shall consider complaints about decisions of calling judges of specialised courts, courts of appeal and local courts, as well as public prosecutors, to disciplinary account no later than within one month after their receipt, and in case of additional verification of circumstances and materials of the case - within three months after the complaint.
Article 46. Consideration of complaints about a decision of calling judges to disciplinary account
A complaint about a decision of a qualification commission on the matter of calling to disciplinary account may be lodged to the High Council of Justice no later than one month from the day following the day of handing the relevant decision to the judge.
The High Council of Justice may extend the term of lodging a complaint, if it admits that the one-month term has been violated for valid reasons.
The High Council of Justice shall consider complaints about decisions of calling judges of courts of appeal and local courts to disciplinary account no later than within one month after their receipt, and in case of the need for additional verification of circumstances and materials of the case - within two months after the complaint.
The High Council of Justice shall consider complaints of judges about decisions of qualification commissions as to calling judges to disciplinary account, and, by the results of consideration, shall take a decision upon a report of a member of the disciplinary section of the High Council of Justice.
Upon consideration of a judge's complaint, the High Council of Justice may, on sufficient grounds:
1) satisfy a judge's complaint, cancel the decision of calling to disciplinary account, and terminate disciplinary proceeding;
2) satisfy the complaint, fully or partially, and change the decision of the body which has imposed the disciplinary punishment;
3) leave the complaint unsatisfied, and the decision of the body which has imposed the disciplinary punishment unchanged.
When deciding on a judge's disciplinary accountability, the High Council of Justice shall hear his explanation. Consideration of a disciplinary case in absence of the judge involved shall be allowed only in case of his failure to attend the session of the High Council of Justice without valid reasons.Article 47. Consideration of complaints about a decision of calling public prosecutors to disciplinary account
When considering public prosecutors' complaints about a decision of their calling to disciplinary account, the High Council of Justice shall be guided by a report of a member of the High Council of Justice, whereupon it shall take its decision.
A public prosecutor's complaint may be accepted by the High Council of Justice no later than one month after the day he is handed an order of bringing him to disciplinary account. The High Council of Justice may extend the term of lodging a complaint, if it admits that the one-month term has been violated for valid reasons.
Upon consideration of a public prosecutor's complaint, the High Council of Justice may, on sufficient grounds:
1) satisfy a public prosecutor's complaint, cancel the decision of calling to disciplinary account, and terminate disciplinary proceeding;
2) satisfy the complaint, fully or partially, and change the decision of the body which has imposed the disciplinary punishment;
3) leave the complaint unsatisfied, and the decision of the body which has imposed the disciplinary punishment unchanged.
When deciding on a public prosecutor's disciplinary accountability, the High Council of Justice shall hear his explanation. Consideration of a disciplinary case in absence of the public prosecutor involved shall be allowed only in case of his failure to attend the session of the High Council of Justice without valid reasons.
Part V. ORGANISATION AND INFORMATION SUPPORT OF ACTIVITIES OF THE HIGH COUNCIL OF JUSTICE
Article 48. Staff of the High Council of Justice
Organisational, information and other support of activities of the High Council of Justice shall be provided by its Secretariat.
Regulations of Secretariat of the High Council of Justice, its structure and staff shall be approved by the High Council of Justice.
The director and other officials of the High Council of Justice shall be considered civil servants.Article 49. Publication of official materials of the High Council of Justice
Official materials of the High Council of Justice shall be published in the Bulletin of the Supreme Court of Ukraine, and in urgent cases - in the Holos Ukrayiny and Uryadovy Kuryer newspapers.
Part VI. CLOSING PROVISOS
1. This Law shall come into force on the day of its publication.
2. The High Council of Justice shall be formed within three months after the enactment of this Law.
3. The Cabinet of Ministers of Ukraine shall within three months after the enactment of this Law grant premises in the city of Kyiv to house the High Council of Justice, its divisions and services, and shall solve matters of financial and logistic support of its activities.President of Ukraine L. KUCHMA
The City of Kyiv, January 15, 1998.
No. 22/98-BP