Law of Ukraine

"On Amendments to Certain Legislative Acts of Ukraine Related to the Work of the High Council of Justice Regarding Their Harmonization with the Constitution of Ukraine"

Date of entry into force:
November 30, 2011

By amending part 1 of Article 182-32 of the Code on Administrative Offences of Ukraine, the Law establishes administrative liability for failure to fulfill legitimate demands of the High Council of Justice of a member of the High Council of Justice regarding providing information, a court case (copy thereof) the proceedings on which are over, refusal to provide information on a court case that is still in proceeding, providing knowingly false information, and failure to observe the timeframes for providing information or a court case (copy thereof) to the High Council of Justice or a member of the High Council of Justice established by law (fine of UAH 425 to UAH 1,700).

The Law presents a new version of Article 25 of the Law of Ukraine "On the High Council of Justice", according to which, the High Council of Justice or a member of the High Council of Justice can demand and receive information necessary to exercise their authority from bodies of state power and local self-government, their officials, heads of enterprises, institutions and organizations regardless of their form of ownership and subordinance, as well as citizens and their associations.

Information about the presence of grounds for dismissal of a judge for violation of the oath, information about the fact of a disciplinary violation committed by a judge of the Supreme Court of Ukraine or a judge of a high specialized court, information about the violation of incompatibility requirements by a judge or a prosecutor, and information about circumstances set out in complaints against resolutions of the Supreme Judge Qualification Commission of Ukraine and resolutions to bring prosecutors to disciplinary liability is verified by a member of the High Council of Justice by instruction of the High Council of Justice or the Head of the High Council of Justice.

In connection with carrying out the instruction, a member of the High Council of Justice may request closed court cases (copies thereof), study court cases that are still in proceeding, receive explanations from judges or prosecutors, make appropriate queries and copies, and study personnel files of judges and prosecutors.

A member of the High Council of Justice may not request original copies of court cases that are still in proceeding.

If a court case is returned for further proceedings or handed over for proceedings by another judge, while the subject of verification if information regarding the actions of the judge in whose proceedings the above case used to be, the High Council of Justice or a member of the High Council of Justice may demand a copy of the materials of the above court case, in the part that was in the proceedings of the judge in question.

The new version of Article 25 of the Law of Ukraine "On High Council of Justice" establishes that a body of state power, a body of local self-government, their officials, heads of enterprises and organizations regardless of their form of ownership, and associations of citizens that receive a written query from the High Council of Justice or a member of the High Council of Justice must provide the requested information and/or court case (copy thereof) within ten days of receiving such a query.

Failure to fulfill legitimate demands of the High Council of Justice or a member of the High Council of Justice regarding providing information, a court case (copy thereof) the proceedings on which are over, refusal to provide information on a court case that is still in proceeding, providing knowingly false information, and failure to observe the timeframes established by part six of this article involve liability established by law.

A member of the High Council of Justice has the right to study the materials submitted for consideration to the High Council of Justice, take part in their clarification and verification, submit petitions, present his motives, and submit appropriate documents.

According to the Law, verification of information about a disciplinary offence is carried out by one of the members of the High Council of Justice, by instruction of the High Council of Justice of the Head of the High Council of Justice, by procuring written explanations from the judge or other persons, requesting court cases (copies thereof) the proceedings on which are over, and studying court cases that are still in proceeding, receiving other information from bodies of state power and local self-government, their officials, heads of enterprises, institutions and organizations regardless of their form of ownership and subordinance, as well as citizens and their associations (new version of part 1 of Article 40 of the Law of Ukraine "On the High Council of Justice").
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