of February 7, 2002 No. 3018-III
About judicial system of Ukraine
This Law determines the legal basis of the organization of judicial authority and implementation of justice in Ukraine, system of courts of law, the main requirements for forming
cases of professional judges, system and procedure of judicial self-government, and also the general procedure for ensuring activity of the courts establishes and regulates other questions of judicial system.
1. The government in Ukraine is performed by the principle of its separation on legislative, executive and judicial. Judicial bodies perform the powers only on the bases, in the limits and procedure provided by the Constitution of Ukraine and the laws.
2. Judicial authority is implemented by implementation of justice in the form of civil, economic, administrative, criminal, and also constitutional legal proceedings. Legal proceedings are performed by the Constitutional Court of Ukraine and courts of law.
3. Jurisdiction of courts extends to all legal relationship arising in the state.
Court, performing justice, on the principles of supremacy of law provides protection with the guaranteed Constitution of Ukraine and the laws of rights and freedoms of man and citizen, rights and legitimate interests of legal entities, interests of society and state.
1. The judicial system of Ukraine is constituted by courts of law and the Constitutional Court of Ukraine.
2. Courts of law form single system of courts. The constitutional court of Ukraine is the single body of the constitutional jurisdiction in Ukraine.
3. The judicial system provides availability of justice to each person according to the procedure, established by the Constitution of Ukraine and the laws.
4. Creation of emergency and special courts is not allowed.
5. The procedure for the organization and activities of the Constitutional Court of Ukraine is established by the Constitution of Ukraine and the law on the Constitutional Court of Ukraine.
The judicial system in Ukraine is determined by the Constitution of Ukraine and this Law.
1. Justice in Ukraine is performed only by courts. Delegation of functions of courts, and also assignment of these functions by other bodies or officials are not allowed.
2. Persons which illegally undertook accomplishment of functions of court bear the responsibility provided by the law.
3. The people directly take part in implementation of justice through jurymen and jurors. Participation of jurymen and jurors in implementation of justice is their civic duty.
1. Protection of their rights, freedoms and legitimate interests by the independent and unbiassed court formed according to the law is guaranteed to all subjects of legal relationship.
2. For ensuring comprehensive, complete and objective hearing of cases, legality of judgments in Ukraine courts of the first, appeal and cassation instances are effective.
3. Nobody can be deprived of the right to consideration of its case in court to which cognizance it is carried by the procedural law. Agreements on refusal in the request for protection in court are invalid.
4. Nobody can be deprived of the participation right in consideration of the case in the procedure determined by the procedural law in court of any level.
5. Foreigners, stateless persons and foreign legal entities have in Ukraine the right to judicial protection on an equal basis with citizens and legal entities of Ukraine.
Justice in Ukraine is performed on the principles of equality of all participants of legal procedure before the law and court irrespective of floor, race, skin color, language, political, religious and other convictions, national or social origin, property status, sort and nature of occupations, the residence and other circumstances.
1. Everyone has the right to use legal assistance in case of the solution of its case in court.
2. For rendering legal assistance in case of the solution of cases in courts in Ukraine the legal profession is effective. In the cases provided by the law, the legal assistance is given also by other persons.
The procedure and conditions of rendering legal assistance are determined by the law. In the cases provided by the law, the legal assistance is given free of charge.
1. Nobody can be limited in the right in court of oral or written information on results of consideration of its legal case.
2. Hearing of cases in courts is performed openly, except the cases provided by the procedural law. The participants of legal proceedings and other persons which are present at proceeding in open court have the right to do written notes.
Carrying out in courtroom photo and filmings, TV, video, sound recordings using the stationary equipment, and also broadcast of judicial session are allowed from the leave of court, according to the procedure, established by the procedural law.
3. Consideration of the case in the closed judicial session is allowed by a court decision in the cases provided by the procedural law.
4. By hearing of cases the course of legal procedure is fixed by technical means according to the procedure, established by the procedural law.
1. Legal proceedings in Ukraine are conducted in state language.
2. Application of other languages in legal proceedings is performed in the cases and procedure determined by the law.
3. The persons who are not knowing or insufficiently knowing state language have the right to use the native language and translation service in legal procedure. In the cases provided by the procedural law, this right is provided with the state.
1. The judgment with which consideration of the case in court comes to an end is decided by name of Ukraine.
2. The judgments which took legal effect are obligatory to execution by all public authorities, local government bodies, their officials, associations of citizens and other organizations, citizens and legal entities in all territory of Ukraine. Obligation of accounting (pre-judiction) of judgments for other courts, bodies of prosecutor's office, the investigation, inquiry is determined by the procedural law.
3. Judgments of other states are obligatory to execution in the territory of Ukraine under the conditions determined by the law of Ukraine according to international treaties which consent to be bound is this the Verkhovna Rada of Ukraine.
4. Non-execution of judgments attracts the responsibility provided by the law.
Participants of legal procedure and other persons in the cases and procedure provided by the procedural law have the right to appeal and cassation appeals of the judgment.
1. Cases in Trial Courts are considered by the judge solely, board of judges or the judge and jurymen, and in the cases determined by the procedural law - also jury trial.
2. The judge considering case solely acts as court.
3. Hearing of cases in appeal, cassation procedure, and also in other cases provided by the law is performed by court jointly as a part of at least three professional judges according to the law. Review of cases in connection with exceptional circumstances is performed by the Supreme Court of Ukraine in the structure established by the procedural law.
1. Courts perform justice independently. Judges when implementing justice are independent of any influence, are accountable to nobody and submit only to the law.
2. Guarantees of independence of courts and independence of judges are determined by the Constitution of Ukraine, present and other laws.
3. Bodies and officials of the government, local government bodies, their officials, citizens and their associations, and also legal entities shall respect independence of judges and not encroach on it.
4. Appeals to the court of citizens, the organizations or officials who according to the law are not participants of legal procedure concerning consideration of specific cases by court are not considered if other is not provided by the procedural law.
5. Intervention in justice implementation, impact on court or judges somehow, disrespect for court or judges, collection, storage, use and distribution of information orally, in writing or otherwise with the purpose to do harm to their authority or to affect objectiveness of court is forbidden and attracts the responsibility provided by the law.
6. Freedom of the unbiassed solution of legal cases according to their internal belief which is based on requirements of the law is provided to judges.
7. Guarantees of independence of courts and independence of judges are provided:
special procedure for appointment, election, accountability and dismissal of judges;
irremovability of judges and their immunity;
the legal proceedings procedure established by the procedural law, the secrecy of the resolution of the judgment;
prohibition of intervention in justice implementation;
responsibility for disrespect for court or the judge established by the law;
the special procedure for financing and organizational support of activity of the courts established by the law;
proper material and social security of judges;
functioning of bodies of judicial self-government;
the means of ensuring of personal security of judges, their families, property determined by the law, and also other means of their legal protection.
8. In case of adoption of the new laws or introduction of amendments to current laws narrowing of content and amount of the guarantees of independence of courts provided by the law, independence and legal security of judges is not allowed.
1. Immunity of judges is guaranteed by the Constitution of Ukraine, the law on the status of judges and other laws.
2. Guarantees of immunity of judges extend to jurymen and jurors for the period of execution by them in court of the obligations connected with justice implementation.
1. Professional judges of courts of law hold positions is termless, except judges who are appointed to judgeship for the first time.
2. Judges, the elite it is termless, occupy judgeship before achievement of sixty five years by them. Before the expiration of this term they can be dismissed only on the bases specified in Items 3-9 of part five of article 126 of the Constitution of Ukraine.
For the solution of questions of internal activity of the courts judicial self-government according to this Law is effective.
1. The system of courts of law according to the Constitution of Ukraine is based on the principles of territoriality and specialization.
2. The system of courts of law is constituted:
1) local courts;
2) Appeal Courts, Appeal Court of Ukraine;
3) Court of cassation of Ukraine;
4) the supreme specialized courts;
5) Supreme Court of Ukraine.
3. The highest judicial authority in system of courts of law is the Supreme Court of Ukraine. The supreme judicial authorities of specialized freighters are the relevant supreme specialized courts.
4. The unity of system of courts of law is provided:
single principles of the organization and activity of the courts;
single status of judges;
obligation for all courts of the rules of practice determined by the law;
providing with the Supreme Court Ukraine identical application of the laws by courts of law;
obligation of execution in the territory of Ukraine of judgments;
single procedure for organizational support of activity of the courts;
financing of the courts only from the Government budget of Ukraine;
solution of questions of internal activity of the courts by bodies of judicial self-government.
1. According to the Constitution of Ukraine in system of courts of law general and specialized courts separate judicial jurisdictions are formed. Military courts treat general courts and perform justice in the Armed Forces of Ukraine and other military forming formed according to the law.
2. Specialized freighters are the economic, administrative and other courts determined as specialized courts.
3. In courts different judicial jurisdictions specialization of judges in consideration of specific categories of cases of this jurisdiction can be entered.
1. Courts of law will be formed and liquidated by the President of Ukraine according to this Law on the representation of the Minister of Justice of Ukraine approved with the Chairman of the Supreme Court of Ukraine or the chairman of the relevant supreme specialized court.
2. The location and the status of court are determined taking into account the principles of territoriality (the administrative-territorial device) and specialization.
3. The bases for education or liquidation of court are change of the administrative-territorial device, re-deployment of troops or reorganization of the Armed Forces of Ukraine, change of the system of courts determined by this Law, and also other bases provided by the law.
4. The number of judges in courts is determined by the President of Ukraine by the representation of the Chairman of Public judicial administration of Ukraine approved with the Chairman of the Supreme Court of Ukraine or the chairman of the relevant supreme specialized court taking into account amount of work of court, and in the expense limits approved in the Government budget of Ukraine on content of courts.
5. The chairman of justices, the vice-chairman of court are appointed to position for a period of five years from among judges and dismissed by the President of Ukraine on representation of the Chairman of the Supreme Court of Ukraine (and rather specialized freighters - the chairman of the relevant supreme specialized court) based on the recommendation of Judicial council of Ukraine (rather specialized freighters - recommendations of the relevant judicial council). Appointment to other managerial positions in courts, and also appointment (election) to managerial positions in the Supreme Court of Ukraine and release from these positions is performed according to the procedure, established by this Law. The judge can be exempted from managerial position (except managerial positions in the Supreme Court of Ukraine) according to the procedure, determined by this Article, also at the initiative of the Supreme council of justice.
Appointment of the judge to managerial position without observance of requirements of this Article is not allowed.
6. Stay of the judge on managerial position does not exempt it from implementation of the powers of the judge of the relevant court provided by this Law.
7. Release of the judge from managerial position does not stop its powers of the judge. The termination of powers of the judge stops implementation of powers by it on managerial position in court.
1. Local general courts are district, district in the cities, city and gorrayonny courts, and also military courts of garrisons.
2. Local economic courts are economic courts of the Autonomous Republic of Crimea, areas, cities of Kiev and Sevastopol, and local administrative courts are district courts which are formed in districts according to the presidential decree of Ukraine.
3. The local court consists of judges of local court, the chairman and the vice-chairman of court. In local court in which the number of judges exceeds fifteen more than one vice-chairman of court can be appointed.
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The document ceased to be valid according to the Law of Ukraine of July 7, 2010 No. 2453-VI