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Justice



Justice is administered by professional judges and, in cases determined by law, people's assessors and jurors. Professional judges shall not belong to political parties and trade unions, take part in any political activity, hold a representative mandate, occupy any other paid positions, perform other remunerated work except scholarly, teaching and creative activity. A citizen of Ukraine, not younger than the age of twenty-five, who has a higher legal education and has work experience in the sphere of law for no less than three years, has resided in Ukraine for no less than ten years and has command of the state language, may be recommended for the office of judge by the Qualification Commission of Judges. Persons with professional training in issues of jurisdiction of specialised courts may be judges of these courts. These judges administer justice only as members of a collegium of judges. Additional requirements for certain categories of judges in terms of experience, age and their professional level are established by law. Protection of the professional interests of judges is exercised by the procedure established by law.

The first appointment of a professional judge to office for a five-year term is made by the President of Ukraine. All other judges, except the judges of the Constitutional Court of Ukraine, are elected by the Verkhovna Rada of Ukraine for permanent t erms by the procedure established by law. The Chairman of the Supreme Court of Ukraine is elected to office and dismissed from office by the Plenary Assembly of the Supreme Court of Ukraine by secret ballot, by the procedure established by law. In the administration of justice, judges are independent and subject only to the law. Judicial proceedings are conducted by a single judge, by a panel of judges, or by a court of the jury.

The main principles of judicial proceedings are:

1) legality;

2) equality before the law and the court of all participants in a trial;

3) ensuring that the guilt is proved;

4) adversarial procedure and freedom of the parties to present their evidence to the court and to prove the weight of evidence before the court;

5) prosecution by the procurator in court on behalf of the State;

6) ensuring the right of an accused person to a defence;

7) openness of a trial and its complete recording by technical means;

8) ensuring complaint of a court decision by appeal and cassation, except in cases established by law;

9) the mandatory nature of court decisions.

The law may also determine other principles of judicial proceedings in courts of specific judicial jurisdiction.

Persons guilty of contempt of court or of showing disrespect toward the judge are brought to legal liability.





Дата публикования: 2015-01-13; Прочитано: 306 | Нарушение авторского права страницы | Мы поможем в написании вашей работы!



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