The Law of Ukraine
On Status of Judges
Date of Entry into Force:
February 10, 1993
The Law of Ukraine “On Status of Judges” defines legal rights and duties of the persons who occupy the post of judge, as well as guarantees of their professional activity which are necessary to execute justice.
The Law shall apply to the officials of judicial authority who according to the Constitution of Ukraine are empowered to execute justice as well as to perform their duties professionally in the Constitutional Court of Ukraine and courts of general jurisdiction. It is established that judges are independent in their activity, submit only to law and do not report to anybody.
The Law requires from judges the following. A judge shall not refer to political parties and trade unions, as well as participate in any political activity, have representative mandate, occupy any other paid posts, do any other paid work except scientific, teaching and creative. According to the Law, a judge, while executing justice, shall follow the Constitution and the laws of Ukraine, shall ensure full, thorough and objective consideration of the cases adhering to the terms set by law. Besides, he is also obliged to take measures concerning prevention of unauthorized dissemination of the information that makes state and commercial secret or is confidential and became known to him/her in the process of doing official duties. Moreover, the Law requires from a judge to refrain from the actions that defame a judge and may cause doubt that she/he is objective, as well as unprejudiced and independent.
The Law points out that the qualification commission may recommend to the post of judge a citizen of Ukraine who is over twenty five years old, has higher legal education and not less than a three-year working experience in the field of law, who resides in Ukraine for not less than ten years and speaks official language. According to the Law, passing a qualification exam shall be a necessary condition for the occupation of post of a judge in any court.
The Law sets the procedure of judges' posts occupation. According to it, for the first five-year term the candidate for the post of judge who has successfully passed qualification exam shall be appointed by the President of Ukraine. For an indefinite term such candidate shall be elected by the people's deputies of the Verkhovna Rada of Ukraine.
The Law sets the system of guarantees of judge's professional activity which are necessary to approve unprejudiced and objective decisions. The Law guarantees to judges their personal immunity, secrecy of court decision, legal protection, as well as material and social provision. The Law also prohibits any not envisaged by law interference in judge's activity concerning justice execution, detention or arrest of a judge without the consent of the Verkhovna Rada until bill of indictment concerning him/her is carried out by the court.
Apart from that the Law regulates the questions concerning termination of judge's authorities, judges' self-government, disciplinary responsibility of judges, their certification, social protection and other legal relations.