Justice and Courts in Ukraine

According to the Constitution, Justice in Ukraine is administrated solely by courts.

The general structure of the judicial system is stipulated in Article 124 of the Constitution of Ukraine, according to which the justice is administrated by the Constitutional Court of Ukraine and courts of general jurisdiction.

The courts of general jurisdiction administer justice in the form of civil, commercial, administrative and criminal legislation. The Constitutional Court of Ukraine is a special judicial body of constitutional control.

Justice is administrated by professional judges. The independence of judges is guaranteed by their immunity and their election.

According to the Law of Ukraine “On Court system”, which came into effect in July 2010, the system of courts of general jurisdiction includes:

· local courts

· courts of appeal

· the Appellate Court of Ukraine

· the Cassation Court of Ukraine

· highest specialized courts

· the Supreme Court of Ukraine.

Local courts of general jurisdiction hear criminal and civil cases as well as cases on administrative offenses. Local commercial courts hear cases connected with commercial relations as well as other cases. Local administrative courts hear cases connected with the sphere of state administration and local self-government.

The courts of appeal are appellate courts in ARC, regions, cities of Kyiv and Sevastopol, Court of Appeals of Ukraine. They: examine appeals according to the judicial procedures; examine some cases as the courts of first instance; account and analyze forensic statistics; research and summarize court practice; provide consultations to local courts.

The Cassation Court of Ukraine shall: examine cassations within its jurisdiction; account and analyze forensic statistics; research and summarize court practice; provide consultations to courts of lower level. The cases in this court are heard of no less than 3 judges.

The highest bodies of the system of specialized courts are: The High Commercial Court of Ukraine, the High Administrative Court of Ukraine, High Specialized Court for Civil and Criminal Cases.

According to the 2d part of Article 125 of the Constitution of Ukraine, the Supreme Court of Ukraine is the highest judicial body of general jurisdiction. It administers justice and ensures equal application of law by all general courts of Ukraine.

The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine; it guarantees the priority of the Constitution of Ukraine as the Main Law of the state on its entire territory. It consists of 18 judges, 6 of them are appointed by the President of Ukraine, 6 – by the Parliament, and 6 – by the assembly of judges of Ukraine. The judges are appointed for 9 years with no right to be reappointed.

Crimes

Crime is a wrong committed against society, as defined in a statute and punishable by fines, imprisonment, and, in some cases, by death.

Depending on their degree of seriousness, crimes are classified as felonies or misdemeanors.

Felony: A crime – such as murder, rape, or robbery – that carries the most severe sanction, ranging from one or more year(s) in prison to forfeiture of one’s life.

Misdemeanor: A lesser crime – such as disorderly conduct, trespass, or petty theft – punishable by a fine or imprisonment for up to one year.

A subset of misdemeanor, comprised of the least serious criminal offenses, such as traffic violations and jaywalking is called petty offense.

A person may not be criminally liable unless she performed some prohibited act (or failed to perform some legally required act) with a specified state of mind or intent.

The mental state or the degree of intent required varies from crime to crime; however, absent the requisite mens rea, there can be no criminal liability, even for what may seem to be the most heinous acts.

A corporation may be criminally liable if:

· an agent or employee of the corporation (a) commits a criminal act within the scope of her employment and (b) the criminal act violates a statute whose purpose is to impose liability on the corporation; or

· the crime consists of a failure to perform a specific duty imposed on the corporation by law;

· the crime was authorized, requested, commanded, committed, or recklessly tolerated by a “high managerial agent.”

Дата добавления: 2015-11-14