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LAW OF UKRAINE

of December 13, 2022 No. 2846-IX

About modification of some legal acts of Ukraine concerning enhancement of procedure for selection of candidates for judgeship of the Constitutional Court of Ukraine on competitive basis

The Verkhovna Rada of Ukraine DECIDES:

1. Make changes to the following legal acts of Ukraine:

1) in 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 with subsequent changes):

to state the name of Chapter 33 in the following edition:

"Chapter 33

APPOINTMENT OR ELECTION TO POSITIONS, DISMISSAL FROM POSITIONS, THE TERMINATION OF POWERS, PROVISION OF CONSENT TO APPOINTMENT OR DISMISSAL FROM POSITIONS OF OFFICIALS, EXPRESSION OF MISTRUST TO THE ATTORNEY-GENERAL IN THE CASES PROVIDED BY THE CONSTITUTION AND THE LAWS OF UKRAINE";

state Article 208-4 in the following edition:

"Article 208 4. Procedure for position assignment of judges of the Constitutional Court of Ukraine

1. According to Item 26 parts one 85, of part two of article 148 of the Constitution of Ukraine the Verkhovna Rada appoints judges of the Constitutional Court of Ukraine to position.

2. Selection of candidates for judgeship of the Constitutional Court of Ukraine is performed on competitive basis according to the procedure, established by the Law of Ukraine "About the Constitutional Court of Ukraine", and taking into account the features determined by this Article.

Preparation of question of consideration on competitive basis of candidates for judgeship of the Constitutional Court of Ukraine in the Verkhovna Rada is performed by committee to which area of jurisdiction questions of legal status of the Constitutional Court of Ukraine belong.

3. Not later than 90 days about day of the expiration of powers or age achievement of limit of continuance in office of the judge of the Constitutional Court of Ukraine or no later than 20 days from the date of emergence of vacancy on judgeship of the Constitutional Court of Ukraine if powers of the judge of the Constitutional Court of Ukraine it is stopped or he is dismissed from position on the bases, the stipulated in Article 149-1 Constitution of Ukraine, the Office of the Verkhovna Rada on representation of committee to which area of jurisdiction questions of legal status of the Constitutional Court of Ukraine belong, publishes the announcement of the beginning of competitive selection of candidates for judgeship of the Constitutional Court of Ukraine on the official website of the Verkhovna Rada.

In case of simultaneous origin more than one vacancy on judgeship of the Constitutional Court of Ukraine competitive selection of candidates can be announced and carried out for all vacancies.

4. The office of the Verkhovna Rada within 10 days from the date of publication of the announcement of the beginning of competitive selection accepts from persons applying for participation in such selection on the judgeship of the Constitutional Court of Ukraine, documents determined by part two of article 10-5 of the Law of Ukraine "About the Constitutional Court of Ukraine" and registers them on first come. Information on persons who apply for participation in competitive selection on judgeship of the Constitutional Court of Ukraine together with copies of the submitted documents will be promulgated on the official website of the Verkhovna Rada taking into account the restrictions established by the law.

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 during 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 adoption of documents on other bases, than the expiration of the specified term.

5. The committee to which area of jurisdiction questions of legal status of the Constitutional court of Ukraine belong within 20 days from the date of the expiration provided by paragraph one of part four of this Article considers the submitted documents from persons who found intention to enter judgeship of the Constitutional court of Ukraine.

Based on the submitted documents the committee to which area of jurisdiction questions of legal status of the Constitutional Court of Ukraine belong establishes compliance of persons who expressed intention to hold judgeship of the Constitutional Court of Ukraine, to the requirements determined by the Constitution of Ukraine (concerning nationality, ownership of state language, age, education and years of service) and makes the decision on the admission or not admission of candidates to competitive selection.

The mistakes and inaccuracies found in the documents submitted by person if their availability is not obstacle for understanding of contents of the specified data, is not the basis for refusal in the admission to competitive selection.

Concerning persons who expressed intention to enter judgeship of the Constitutional Court of Ukraine, but do not meet the requirements determined by the Constitution of Ukraine, the committee to which area of jurisdiction questions of legal status of the Constitutional Court of Ukraine belong makes reasoned decision on refusal in the admission to competitive selection.

If person who intends to enter judgeship of the Constitutional Court of Ukraine did not file all necessary documents determined by the law, committee to which area of jurisdiction questions of legal status of the Constitutional Court of Ukraine belong makes the decision on refusal in the admission to competitive selection of such person.

If the quantity allowed to competitive selection makes less than two, new competitive selection appears.

6. The committee to which area of jurisdiction questions of legal status of the Constitutional Court of Ukraine belong within three days after decision making about the admission of the candidate for judgeship of the Constitutional Court of Ukraine to competitive selection transfers 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 the consultative group of experts which performs activities according to the Law of Ukraine "About the Constitutional Court of Ukraine", for assessment of moral qualities and level of competence in the field of the right of candidates and provision of the list of the estimated candidates for judgeship of the Constitutional Court of Ukraine.

7. The office of the Verkhovna Rada in three-day time after obtaining from the central executive body realizing state policy in the field of public service, prepares information on results of special check and transfers committee to which area of jurisdiction questions of legal status of the Constitutional Court of Ukraine, and the Consultative group of experts the certificate of results of special check concerning the candidate for judgeship of the Constitutional Court of Ukraine belong.

In case of establishment by results of special verification of the information about the candidate which are not meeting the requirements determined by the law for holding the post, participation of such candidate in competitive selection for judgeship of the Constitutional Court of Ukraine is considered stopped.

8. The consultative group of experts provides to the Verkhovna Rada the list of the estimated candidates for judgeship of the Constitutional court of Ukraine, as well as the motivated decision on assessment of conformity of moral qualities and level of competence in the field of the right concerning each candidate.

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