of July 14, 2021 No. 1635-IX
About modification of some legal acts of Ukraine for procedure for election (appointment) to positions of high councilors of justice and activities of disciplinary inspectors of the Supreme council of justice
The Verkhovna Rada of Ukraine decides:
I. Make changes to the following legal acts of Ukraine:
1. In the Code of administrative legal proceedings of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):
Part the fourth Article 22 to state 1) in the following edition:
"4. To the Supreme Court as Trial Court cases on establishment by Central Election Commission of election results or All-Ukrainian referendum, case on the claim for early termination of powers of the People's Deputy of Ukraine, and also case on appeal of acts, actions or divergence of the Verkhovna Rada of Ukraine, the President of Ukraine, the Supreme council of justice, the Highest qualification commission of judges of Ukraine, decisions, actions or failure to act of bodies which choose are jurisdictional (appoint), exempt high councilors of justice, concerning election (appointment) to positions of high councilors of justice, their dismissal from such positions, failure to act of the Cabinet of Ministers of Ukraine concerning not entering into the Verkhovna Rada of Ukraine of the bill into execution (realization) of the solution of the Ukrainian people of support of question of nation-wide value on All-Ukrainian referendum on popular initiative";
2) the Section VII "Transitional provisions" to add with Item 3 following of content:
"3. To the Supreme Court as Trial Court cases concerning decisions, actions or failure to act of bodies which estimate high councilors of justice according to the Law of Ukraine "About modification of some legal acts of Ukraine relatively about election (appointment) to positions of high councilors of justice and activities of disciplinary inspectors of the Supreme council of justice" are jurisdictional.
2. In Article 208-1 of the Regulations of the Verkhovna Rada of Ukraine approved by the Law of Ukraine "About Regulations of the Verkhovna Rada of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2010, No. No. 14-17, of Art. 133; 2017, No. 7-8, of Art. 50; 2020, No. 34, Art. 236):
the first - the sixth to state parts in the following edition:
"1. According to part two of article 131 of the Constitution of Ukraine the Verkhovna Rada elects high councilors of justice according to the procedure, provided by this Article, and taking into account the features determined by the Law of Ukraine "About the Supreme council of justice".
2. Not later than six months before the end of term of office of the high councilor of justice or within 14 days from the date of early termination it powers the Office of the Verkhovna Rada on representation of committee to which area of jurisdiction judicial system questions belong publishes on the official website of the Verkhovna Rada the announcement of carrying out tender to position of the high councilor of justice.
3. The office of the Verkhovna Rada within 25 days from the date of publication of the announcement of carrying out tender accepts from persons applying for participation in tender to the position of the high councilor of justice, documents determined by part one of article 8 of the Law of Ukraine "About the Supreme council of justice" and registers them on first come. Information on persons applying for participation in tender to position of the high councilor of justice together with copies of the submitted documents, except the documents determined by Items 4, of 8, 9 parts one of article 8 of the Law of Ukraine "About the Supreme council of justice" no later than the next working day will be promulgated on the official website of the Verkhovna Rada.
Documents acceptance comes to the end at 24 o'clock the last day of the term provided by paragraph one of this part if documents are filed electronically and at the time of the termination of working hours of the Office of the Verkhovna Rada if documents are filed in paper form. The office of the Verkhovna Rada has no right to refuse documents acceptance on other bases, than the expiration of the specified term.
4. The committee to which area of jurisdiction judicial system questions belong considers the provided persons applying for participation in tender to position of the high councilor of justice, documents and makes the decision on compliance of documents the established Law of Ukraine "On the Supreme council of justice" to requirements.
Persons applying for participation in tender to position of the high councilor of justice on whom the committee to which area of jurisdiction judicial system questions belong on the basis of the submitted documents makes the decision on discrepancy by the established Law of Ukraine "On the Supreme council of justice" to requirements or persons who did not provide all necessary documents stop participation in tender.
5. The committee to which area of jurisdiction judicial system questions belong no later than the next working day after decision making concerning compliance of documents of the candidate for position of the high councilor of justice "About the Supreme council of justice" transfers to requirements by the established Law of Ukraine documents of such candidate for the Office of the Verkhovna Rada for the organization of conducting special check according to the Law of Ukraine "About prevention of corruption", and also copies of such documents to Ethical council which is effective according to the Law of Ukraine "About the Supreme council of justice", for establishment of compliance of the candidate to criteria of professional ethics and the respectability and provision of the candidate list recommended for election for position of the high councilor of justice.
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