The High Qualification Commission of Judges of Ukraine consists of 13 members with higher legal education.
Security measures are taken by special units of internal affairs bodies by the decision of the chairman of the court.
Judicial self-government and material support for the independence of judges.
Material and social security of judges as their right and guarantee of independence includes:
the right of a judge to resign and retain his immunity and social protection as well as to resign, retaining 80% (for each full year of service as a judge for more than 20 years increases by 2%, but not more than 90%) of the salary judges. guaranteed salary, an increase in the monthly allowance for years of service, surcharges for qualification classes. The salary of a judge may not be less than 80% of the salary of the chairman of the court in which the judge works. Judges are paid a monthly allowance for years of service in the following amounts: with more than 3 years of service – 10 percent, more than 5 years – 15, more than 10 years – 20, more than 15 years – 25, more than 20 – 30, more than 25 years – 40 percent of the total amount of monthly earnings, taking into account surcharges for qualification classes. providing judges with housing or proper living conditions, etc. Judges are granted a 50 percent discount on housing, utilities (water, gas, electricity and heat, installation and use of an individual home phone) occupied by them and their family members. The same benefits are provided for them after retirement. a judge and members of his family are entitled to free medical care in public health facilities. Retired judges retain the right to medical care in the medical institutions where they were registered.
Social protection of a judge:
life and health of judges are subject to the state budget in the amount of ten years of cash maintenance for the latter. guaranteed payment of a lump sum in the event of the death of a judge in the line of duty. guaranteed payment in case of causing a judge in connection with the performance of duties in accordance with the law of injury or other permanent damage to health, which excludes the possibility of continuing professional activity, he is paid a lump sum at the expense of insurance payments on mandatory state personal insurance of judges in the amount of five years’ earnings. damages caused by the destruction of or damage to the property of a judge or members of his family and close relatives in connection with the performance of official duties by a judge shall be reimbursed in full by the state. Payment of the relevant amounts is made at the expense of the state budget.
The Law of Ukraine “On State Protection of Court Employees and Law Enforcement Bodies” establishes a special system of measures for state protection of court employees, and therefore judges, in particular, from obstructing the performance of their duties and exercising their rights, as well as from encroachments on life and health. me, housing and property of judges and their close relatives in connection with their official activities.
To ensure the safety of judges and their close relatives, the inviolability of housing, as well as the preservation of their property, taking into account specific circumstances, the following measures may be applied (Article of the Law "On State Protection of Court and Law Enforcement Officials "):
issuance of weapons, personal protective equipment and notification of danger; installation of telephone at the place of residence; use of technical means of control and eavesdropping on telephone and other conversations, visual observation; temporary accommodation in places that provide security; ensuring the confidentiality of data on the object of protection; transfer to another job, referral to study, replacement of documents, relocation to another place of residence.
The basis for taking measures to ensure the safety of judges is evidence that there is a real threat to their lives, health or property.
The reason for taking special measures to ensure the safety of judges and their close relatives may be:
a statement by the judge or his close relative; appeal of the head of the relevant state body (chairman of the court); obtaining operational and other information on the threat to life, health, housing and property of persons to be protected.
Qualification commissions are permanent bodies in the judicial system of Ukraine. In the judicial website that writes your lab report for you system of Ukraine there are:
qualification commissions of judges of general jurisdiction; qualification commission of judges of military courts; qualification commissions of judges of the relevant specialized courts High Qualification Commission of Judges of Ukraine.
To date, nine district qualification commissions of judges of general courts have been established, and the qualification commission of military courts and qualification commissions of judges of specialized courts (commercial and, in the long run, administrative courts) and the High Qualification Commission of Judges exercise their powers in Kyiv.
The term of office of qualification commissions is three years from the date of their formation. The day is three years from the date of their formation. The day of the formation of the new qualification commission is the day of its organizational meeting on elections of the chairman, the deputy of the formation of the new qualification commission is the day of its organizational meeting on elections of the chairman, the deputy and the secretary.
The qualification commissions of judges include 11 members with higher legal education, namely:
six courts elected to the CCC (Qualification Commission of Judges) by the conferences of the respective courts; two persons from the Ministry of Justice of Ukraine; two persons authorized by the relevant regional (Kyiv City Council) at the location of the qualification commission of judges; one person from the Verkhovna Rada of Ukraine Commissioner for Human Rights.
The High Qualification Commission of Judges of Ukraine consists of 13 members with higher legal education. It consists of:
seven judges elected by the Congress of Courts of Ukraine; two persons appointed by the Verkhovna Rada of Ukraine; two persons appointed by the President of Ukraine; one person from the Verkhovna Rada of Ukraine Commissioner for Human Rights; one person from the Ministry of Justice of Ukraine.
The order of formation of KKS is provided by Art. 76 of the Law "On the Judiciary of Ukraine"
The Chairman of the Supreme Court of Ukraine, the chairmen of higher specialized courts, the chairmen of appellate courts, as well as their deputies, members of the Supreme Court, may not be elected to the CCC and HCJC of Ukraine.
Council of Justice. The Verkhovna Rada of Ukraine appoints the members of the HCJC by a resolution, the President of Ukraine by a decree, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights by an order, and the Minister of Justice by an order.
The CCC verifies the compliance of candidates for judges with the requirements established by law (Article 7 of the Law on the Judiciary, Article 127 of the Constitution of Ukraine).
Based on the results of the qualification attestation, the CCC gives an opinion on the candidate’s readiness for judicial work for the position of a judge. This opinion is sent to the High Council of Justice.
The CCC gives an opinion on the possibility of transferring a judge from one court to another court of the same level and specialization within a period of five years. As for judges who are elected indefinitely, their transfer is decided by the HCCJ. The latter gives conclusions on a possible recommendation for the election of a judge indefinitely to those judges whose term of office has expired.
The CCC gives an opinion on the possibility of dismissal of a judge on the grounds specified by law. This opinion is submitted to the High Council of Justice, which prepares a corresponding submission to the President of Ukraine or the Verkhovna Rada of Ukraine.
The CCC terminates the resignation of local court judges.
To ensure the effectiveness of the CCC, they have the right to receive the necessary information from the heads of courts, bodies of the Ministry of Internal Affairs, the Security Service and the Prosecutor’s Office, enterprises, institutions, organizations regardless of ownership, as well as citizens and their associations.
CCCs work in the form of meetings, which are valid provided that they are attended by 2/3 of the total membership of the commission, chaired by the chairman of the CCC. Meetings are held as necessary, but not later than two months after receipt by the commission of responsibility.any application or submission.
The decision of the qualification commission can be appealed depending on the nature of the issues it considered to various bodies. For example, the decision of the qualification commission of judges to terminate his resignation is appealed by this judge to the High Qualification Commission of Judges within one month. The right to appeal is vested in the persons in respect of whom the decision was made, and the person on whose request the issue was resolved.
The High Qualification Commission of Judges by its status is a permanent body in the judicial system of Ukraine. Its powers are, in particular, to issue opinions on the possibility of electing judges of the Supreme Court of Ukraine, judges of higher specialized courts and judges of the Court of Appeal of Ukraine, as well as an opinion on dismissal of these judges, which is sent to the High Council of Justice.
In order to give such an opinion, the HCCJ verifies the candidate’s compliance with the requirements provided by law for their status as a judge of these courts.
The High Qualification Commission of Judges conducts attestation of judges of the Supreme Court of Ukraine, judges of higher specialized courts, the Court of Appeal of Ukraine and assigns them. Relevant qualification classes.
The HCCJ considers issues related to the disciplinary liability of judges of appellate courts.
The HCCJ considers complaints against decisions (conclusions) of judges’ qualification commissions, in particular, on issues of qualification attestation, on issues of termination of a judge’s resignation, etc.
The decision of the HCCJ is in most cases final and not subject to appeal. But there are exceptions to decisions on the qualification certification of judges and disciplinary liability of judges.
Organizational support for the activities of VKKS and qualification commissions of specialized courts is provided by the secretariats of these commissions, and organizational support for the activities of other KKS is entrusted to the relevant territorial departments of the State Judicial Administration.
The CCC conducts qualification attestation of judges of the relevant courts and assigns them qualification classes (not higher than the second). The essence of qualification attestation is to assess the professional level of a judge, a candidate for the position of a judge, to determine the degree of their suitability and readiness for judicial work, to characterize their professional knowledge and business qualities.