Law of Ukraine

"On Amendments to Certain Legislative Acts of Ukraine Regarding Proceeding of Cases by the Supreme Court of Ukraine"

Date of entry into force:
November 13, 2011

The Law supplements Article 324 of the Criminal Procedural Code of Ukraine with a new part, according to which, when choosing a criminal law standard applicable to socially dangerous acts during the imposition of verdict, the court must take into consideration the conclusions of the Supreme Court of Ukraine set out in final resolutions adopted based on the results of reviewing petitions to appeal court resolutions due to disparate application of the same criminal law standards to similar socially dangerous acts by courts of appeal (except for issues of imposition of punishment, relief from punishment and relief of criminal liability) that resulted in adoption of court resolutions of disparate content.

The Law supplements Article 400-14 of the Criminal Procedural Code of Ukraine with a new part, according to which, if the term of submitting a petition to appeal a court resolution to the Supreme Court of Ukraine was violated for reasons that were deemed valid, the court may renew this term by request of the entity that submitted the petition. The petition to appeal a court resolution will not be reviewed if the entity that submitted the petition does not raise the issue of renewing the term of submission, or if the request to renew the term was denied. The decision to renew the term of submission for a petition to appeal a court resolution or to deny review of the petition is made by the court without summoning the parties of the case, and an appropriate resolution is made based on the result of the review.

If a case is being considered for proceeding based on the resolution of an international organization whose jurisdiction is recognized by Ukraine, stating that Ukraine has committed violation of its international obligation during the court proceedings in the case, and a conclusion is made that Ukraine's violation of its international obligations resulted from violation of the norms of procedural law, the High Specialized Court of Ukraine for Civil and Criminal Cases adopts a resolution to open proceedings in the case and decides on the necessity of certiorari. Such case is reviewed by a panel of five judges of the High Specialized Court of Ukraine for Civil and Criminal Cases according to the regulations for cases of appeal (new part 4, Article 400-18 of the Criminal Procedural Code of Ukraine).

The Law amends Article 400-19 of the Criminal Procedural Code of Ukraine, clarifying the procedure for preparing a case for review by the Supreme Court of Ukraine.

In the Supreme Court of Ukraine, a case on appealing a court resolution due to disparate application of the same criminal law standards to similar socially dangerous acts by courts of appeal (except for issues of imposition of punishment, relief from punishment and relief of criminal liability) that resulted in adoption of court resolutions of disparate content is reviewed at the session of the Court Chamber for Criminal Cases of the Supreme Court of Ukraine. The session is duly constituted if it is attended by at least two thirds of the member judges of the Court Chamber for Criminal Cases of the Supreme Court of Ukraine. A case on appealing a court resolution due to the resolution of an international organization whose jurisdiction is recognized by Ukraine, stating that Ukraine has committed violation of its international obligation during the court proceedings in the case, is reviewed at a joint session of all chambers of the Supreme Court of Ukraine. The session is duly constituted if it is attended by at least two thirds of the member judges of the Supreme Court of Ukraine as determined by the law (new version of parts 1 and 2, Article 400-20 of the Criminal Procedural Code of Ukraine).

The new version of part 2, Article 400-22 of the Criminal Procedural Code of Ukraine establishes that if the Supreme Court of Ukraine concludes that a court resolution in a case being appealed due to disparate application of the same criminal law standards to similar socially dangerous acts by courts of appeal (except for issues of imposition of punishment, relief from punishment and relief of criminal liability) that resulted in adoption of court resolutions of disparate content was illegitimate, the Supreme Court of Ukraine shall reverse the resolution in full or in part and make a new court resolution that must contain a conclusion on the correct application of the criminal law standard to a socially dangerous act and the rationale for deeming erroneous the resolution of the court of appeal in the issue.

The Law appends part 3, Article 82 of the Economic Procedural Code of Ukraine with a new provision, according to which, when choosing a law standard applicable to legal relations in dispute during the adoption of resolution, the court must take into consideration the conclusions of the Supreme Court of Ukraine set out in final resolutions adopted based on the results of reviewing petitions to appeal court resolutions due to disparate application of the same material law standards by courts of appeal that resulted in adoption of court resolutions of disparate content regarding similar legal relations.

The Law supplements Article 111-17 of the Economic Procedural Code of Ukraine with a new part, according to which, if the term of submitting a petition to appeal an economic court resolution was violated for reasons that were deemed valid, the court may renew this term by request of the entity that submitted the petition. The petition to appeal a court resolution will not be reviewed if the entity that submitted the petition does not raise the issue of renewing the term of submission, or if the request to renew the term was denied. The decision to renew the term of submission for a petition to appeal a court resolution or to deny review of the petition is made by the court without summoning the parties of the case, and an appropriate resolution is made based on the result of the review.

If a case is being considered for proceeding based on the resolution of an international organization whose jurisdiction is recognized by Ukraine, stating that Ukraine has committed violation of its international obligation during the court proceedings in the case, and a conclusion is made that Ukraine's violation of its international obligations resulted from violation of the norms of procedural law, the High Economic Court of Ukraine adopts a resolution to open proceedings in the case and decides on the necessity of certiorari. Such case is reviewed by a panel of five judges of the High Economic Court of Ukraine according to the regulations for cases of appeal (new part 4, Article 111-21 of the Economic Procedural Code of Ukraine).

The Law amends Article 111-22 of the Economic Procedural Code of Ukraine, clarifying the procedure for preparing a case for review by the Supreme Court of Ukraine.

In the Supreme Court of Ukraine, a case on appealing a court resolution in an economic case due to disparate application of the same material law standards by courts of appeal that resulted in adoption of court resolutions of disparate content is reviewed at the session of the Court Chamber for Economic Cases of the Supreme Court of Ukraine. The session is duly constituted if it is attended by at least two thirds of the member judges of the Court Chamber for Economic Cases of the Supreme Court of Ukraine. If a resolution in an economic case is being appealed due to disparate application of the same material law standards by courts of appeal of different jurisdictions, the case is reviewed at a joint session of the court chambers of the Supreme Court of Ukraine that include judges of the respective specialized jurisdiction. Such session is duly constituted if it is attended by at least two thirds of the member judges of the appropriate chambers of the Supreme Court of Ukraine. A case on appealing a court resolution due to the resolution of an international organization whose jurisdiction is recognized by Ukraine, stating that Ukraine has committed violation of its international obligation during the court proceedings in the case, is reviewed at a joint session of all chambers of the Supreme Court of Ukraine. The session is duly constituted if it is attended by at least two thirds of the member judges of the Supreme Court of Ukraine as determined by the law (amendments to Article 111-23 of the Economic Procedural Code of Ukraine).

If the court concludes that a court resolution in a case being appealed due to disparate application of the same material law standards by a court (courts) of appeal that resulted in adoption of court resolutions of disparate content regarding similar legal relations is illegitimate, the court shall reverse the resolution in full or in part and make a new court resolution that must contain a conclusion on the correct application of the material law standard to legal relations in dispute and the rationale for deeming erroneous the resolution of the court of appeal in the issue (new version of part 2, Article 111-25 of the Economic Procedural Code of Ukraine).

The Law supplements Article 214 of the Civil Procedural Code of Ukraine with a new part, according to which, when choosing a law standard applicable to legal relations in dispute during the adoption of resolution, the court must take into consideration the conclusions of the Supreme Court of Ukraine set out in final resolutions adopted based on the results of reviewing petitions to appeal court resolutions due to disparate application of the same material law standards by courts of appeal that resulted in adoption of court resolutions of disparate content regarding similar legal relations.

According to the new part 3, Article 356 of the Civil Procedural Code of Ukraine, if the term of submitting a petition to appeal a court resolution was violated for reasons that were deemed valid, the court may renew this term by request of the entity that submitted the petition. The petition to appeal a court resolution will not be reviewed if the entity that submitted the petition does not raise the issue of renewing the term of submission, or if the request to renew the term was denied. The decision to renew the term of submission for a petition to appeal a court resolution or to deny review of the petition is made by the court without summoning the parties of the case, and an appropriate resolution is made based on the result of the review.

The Law appends Article 360 of the Civil Procedural Code of Ukraine with a new part, according to which, if a case is being considered for proceeding based on the resolution of an international organization whose jurisdiction is recognized by Ukraine, stating that Ukraine has committed violation of its international obligation during the court proceedings in the case, and a conclusion is made that Ukraine's violation of its international obligations resulted from violation of the norms of procedural law, the High Court of Ukraine for Civil and Criminal Cases adopts a resolution to open proceedings in the case and decides on the necessity of certiorari. Such case is reviewed by a panel of five judges of the High Court of Ukraine for Civil and Criminal Cases according to the regulations for cases of appeal.

The Law amends Article 360-1 of the Civil Procedural Code of Ukraine, clarifying the procedure for preparing a case for review by the Supreme Court of Ukraine.

In the Supreme Court of Ukraine, a case on appealing a court resolution due to disparate application of the same material law standards by courts of appeal that resulted in adoption of court resolutions of disparate content is reviewed at the session of the Court Chamber for Civil Cases of the Supreme Court of Ukraine. The session is duly constituted if it is attended by at least two thirds of the member judges of the Court Chamber for Civil Cases of the Supreme Court of Ukraine. If a resolution is being appealed due to disparate application of the same material law standards by courts of appeal of different jurisdictions, the case is reviewed at a joint session of the court chambers of the Supreme Court of Ukraine that include judges of the respective specialized jurisdiction. Such session is duly constituted if it is attended by at least two thirds of the member judges of the appropriate chambers of the Supreme Court of Ukraine. A case on appealing a court resolution due to the resolution of an international organization whose jurisdiction is recognized by Ukraine, stating that Ukraine has committed violation of its international obligation during the court proceedings in the case, is reviewed at a joint session of all chambers of the Supreme Court of Ukraine. The session is duly constituted if it is attended by at least two thirds of the member judges of the Supreme Court of Ukraine as determined by law (new version of parts 1 and 2, Article 360-2 of the Civil Procedural Code of Ukraine).

The new version of part 2, Article 360-4 of the Civil Procedural Code of Ukraine establishes that if the court concludes that a court resolution in a case being appealed due to disparate application of the same material law standards by a court (courts) of appeal that resulted in adoption of court resolutions of disparate content regarding similar legal relations is illegitimate, the court shall reverse the resolution in full or in part and make a new court resolution that must contain a conclusion on the correct application of the material law standard to legal relations in dispute and the rationale for deeming erroneous the resolution of the court of appeal in the issue.

The Law appends Article 161 of the Code of Administrative Proceedings of Ukraine with a new part, according to which, when choosing a law standard applicable to legal relations in dispute during the adoption of resolution, the court must take into consideration the conclusions of the Supreme Court of Ukraine set out in final resolutions adopted based on the results of reviewing petitions to appeal court resolutions due to disparate application of the same material law standards by a court (courts) of appeal that resulted in adoption of court resolutions of disparate content regarding similar legal relations.

According to the new part 3, Article 280 of the Code of Administrative Proceedings of Ukraine, if the term of submitting a petition to appeal a court resolution was violated for reasons that were deemed valid, the court may renew this term by request of the entity that submitted the petition. The petition to appeal a court resolution will not be reviewed if the entity that submitted the petition does not raise the issue of renewing the term of submission, or if the request to renew the term was denied. The decision to renew the term of submission for a petition to appeal a court resolution or to deny review of the petition is made by the court without summoning the parties of the case, and an appropriate resolution is made based on the result of the review.

The Law supplements Article 240 of the Code of Administrative Proceedings of Ukraine with a new part, according to which, if a case is being considered for proceeding based on the resolution of an international organization whose jurisdiction is recognized by Ukraine, stating that Ukraine has committed violation of its international obligation during the court proceedings in the case, and a conclusion is made that Ukraine's violation of its international obligations resulted from violation of the norms of procedural law, the High Administrative Court of Ukraine adopts a resolution to open proceedings in the case and decides on the necessity of certiorari. The case is reviewed by a panel of five judges of the High Administrative Court of Ukraine according to the regulations for cases of appeal.

The Law amends Article 240-1 of the Code of Administrative Proceedings of Ukraine, clarifying the procedure for preparing a case for review by the Supreme Court of Ukraine.

In the Supreme Court of Ukraine, a case on appealing a court resolution due to disparate application of the same material law standards by courts of appeal that resulted in adoption of court resolutions of disparate content is reviewed at the session of the Court Chamber for Administrative Cases of the Supreme Court of Ukraine. The session is duly constituted if it is attended by at least two thirds of the member judges of the Court Chamber for Administrative Cases of the Supreme Court of Ukraine. If a resolution in an administrative case is being appealed due to disparate application of the same material law standards by courts of appeal of different jurisdiction, the case is reviewed at a joint session of the court chambers of the Supreme Court of Ukraine that include judges of the respective specialized jurisdiction. Such session is duly constituted if it is attended by at least two thirds of the member judges of the appropriate chambers of the Supreme Court of Ukraine. A case on appealing a court resolution due to the resolution of an international organization whose jurisdiction is recognized by Ukraine, stating that Ukraine has committed violation of its international obligation during the court proceedings in the case, is reviewed at a joint session of all chambers of the Supreme Court of Ukraine. The session is duly constituted if it is attended by at least two thirds of the member judges of the Supreme Court of Ukraine as determined by the law (new version of parts 1 and 2, Article 241 of the Code of Administrative Proceedings of Ukraine).

The new version of part 2, Article 243 of the Code of Administrative Proceedings of Ukraine establishes that if the court concludes that a court resolution in a case being appealed due to disparate application of the same material law standards by a court (courts) of appeal that resulted in adoption of court resolutions of disparate content regarding similar legal relations, the court shall reverse the resolution in full or in part and make a new court resolution that must contain a conclusion on the correct application of the material law standard to legal relations in dispute and the rationale for deeming erroneous the resolution of the court of appeal in the issue.

The Law presents a new version of part 3, Article 3 of the Law of Ukraine "On Access to Judicial Decisions", according to which the list of judicial decisions of courts of general jurisdiction subject to inclusion to the Single State Register of Judicial Decisions is approved by the Council of Judges of Ukraine, by agreement with the State Judicial Administration of Ukraine.

In the Supreme Court of Ukraine, the post of the First Deputy Head of the Supreme Court of Ukraine is also considered an administrative post (amendments to part 1, Article 20 of the Law of Ukraine "On the Judicial System and Status of Judges").

According to the amendments to Article 39 of the Law of Ukraine "On the Judicial System and Status of Judges", the Supreme Court of Ukraine consists of forty eight judges, from which the Head of the Supreme Court of Ukraine, the First Deputy Head of the Supreme Court of Ukraine, and four Deputy Heads of the Supreme Court of Ukraine are elected. The following chambers work in the Supreme Court of Ukraine:
  • Court Chamber for Administrative Cases;
  • Court Chamber for Economic Cases;
  • Court Chamber for Criminal Cases;
  • Court Chamber for Civil Cases.
A court chamber includes judges of the respective specialized jurisdiction (civil, criminal, economic, or administrative).

The Law amends Article 41 of the Law of Ukraine "On the Judicial System and Status of Judges", clarifying the legal status of the Head of the Supreme Court of Ukraine.

According to the new version of Article 44 of the Law of Ukraine "On the Judicial System and Status of Judges", the First Deputy Head of the Supreme Court of Ukraine and Deputy Heads of the Supreme Court of Ukraine are elected to their post for a five-year term and dismissed from their post by the Plenum of the Supreme Court of Ukraine, by suggestion of the judges of the Supreme Court of Ukraine. The decision to elect them to and dismiss them from their post is made by the majority vote of the total membership of the Plenum of the Supreme Court of Ukraine, by secret ballot. The First Deputy Head of the Supreme Court of Ukraine and Deputy Heads of the Supreme Court of Ukraine can be dismissed from their posts prematurely, according to the procedure established by the Regulations of the Plenum of the Supreme Court of Ukraine. The First Deputy Head of the Supreme Court of Ukraine and the Deputy Heads of the Supreme Court of Ukraine exercise administrative authority determined by law and the Head of the Supreme Court of Ukraine, and report to the Plenum of the Supreme Court of Ukraine on their activities.

The Law supplements the Law of Ukraine "On the Judicial System and Status of Judges" with a new Article 44-1 that establishes the legal status of the court chambers of the Supreme Court of Ukraine.

A Plenum session is presided by the Head of the Supreme Court of Ukraine. In case the Head of the Supreme Court of Ukraine is absent, the Plenum session is presided the First Deputy Head of the Supreme Court of Ukraine, and in case of absence of the latter, by a Deputy Head of the Supreme Court of Ukraine. In cases established by the Law of Ukraine "On the Judicial System and Status of Judges", a Plenum session is presided by the head of the organizational committee created to hold the Plenum of the Supreme Court of Ukraine called to impeach the Head of the Supreme Court of Ukraine or his deputy (new version of part 6, Article 45 of the Law of Ukraine "On the Judicial System and Status of Judges").

The Law supplements Article 92 of the Law of Ukraine "On the Judicial System and Status of Judges" with a new part, according to which judges appointed members of the Supreme Judge Qualification Commission of Ukraine may not administer justice. At that, they retain the right to take part in resolving issues reviewed by bodies of judicial self-government, while judges of the Supreme Court of Ukraine and high specialized courts also retain the right to take part in resolving issues reviewed by the plenums of these courts. Other members of the Supreme Judge Qualification Commission of Ukraine mat not exercise their professional authority at their main place of work.
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