Judicial Branch

The mechanism of the Judicial Power in Ukraine consists of two parts: Procuracy and Courts.

Procuracy

The Constitution envisages that the Procuracy of Ukraine constitutes a unified system that is entrusted with:

· prosecution in court on behalf of the State;

· the representation of the interests of a citizen or of the State in court;

· the supervision of laws observance by bodies that conduct detective and search activity, inquiry and pre-trial investigation;

· the supervision of laws observance in the execution of judicial decisions in criminal cases, and also in the application of other measures of coercion related to the restraint of the personal liberty of citizens.

According to the principle of the state power division the Procuracy does not belongs directly to the judicial branch of power, but is a special body of state authorities which on behalf of the Verkhovna Rada and Cabinet of Ministers executes the higher supervision of law observance in the state.

The Procuracy of Ukraine is headed by the Procurator General, who is appointed to office with the consent of the Verkhovna Rada, and dismissed from office by the President of Ukraine.

Courts

Justice in Ukraine is administered exclusively by courts. According to the Constitution, courts constitute a self-sufficient authority functioning independently of other bodies or officials. The jurisdiction of courts extends to all legal relations that arise in the State. Judicial proceedings are performed by the Constitutional Court of Ukraine and courts of general jurisdiction.

The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction. It decides on the issues of conformity of laws and other legal acts with the Constitution and provides the official interpretation of the Constitution and laws. It is composed of eighteen judges. The President of Ukraine, the Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine each appoint six judges to the Constitutional Court.

Its authority comprises:

· deciding on issues of conformity with the Constitution (constitutionality) of laws and other legal acts of the Verkhovna Rada, acts of the President and the Cabinet of Ministers, and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea;

· the official interpretation of the Constitution and the laws of Ukraine.

The Constitutional Court adopts decisions that are mandatory for execution throughout the territory of the country, that are final and shall not be appealed. Laws and other legal acts, or their separate provisions, that are deemed to be unconstitutional, lose legal force.

The system of courts of general jurisdiction is formed in accordance with the territorial principle and the principle of specialization. In accordance with the Constitution and the Law On the Judicial System of Ukraine as amended on June 21, 2001, it includes local courts, courts of appeal, the specialized courts with their highest judicial bodies, and the Supreme Court of Ukraine. These courts handle civil, criminal, administrative and commercial matters.

The Supreme Court is the highest judicial body in the system of courts of general jurisdiction. The highest judicial bodies of specialized courts are the respective high courts, as are commercial (previously named as arbitration) courts with their Higher Commercial Court. The law on the system of the administrative courts is under elaboration now. The creation of extraordinary and special courts shall not be permitted.

The Verkhova Rada makes further efforts to improve the judicial system.

Дата добавления: 2015-11-14