The system of courts of general jurisdiction. Local and appellate courts in Ukraine

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Міністерство доходів і зборів

Національний університет державної податкової служби

Реферат

тема: “The system of courts of general jurisdiction. Local and appellate courts in Ukraine”

Ірпінь 2013



Plan

1. The courts of general jurisdiction in Ukraine. The system of courts of general jurisdiction

2. The concept links the judiciary and court

3. The system of local courts, their types and powers

4. The structure of the local court, the legal status of the Chairman and judges of local courts

5. The system of appellate courts in Ukraine, their types and powers

6. Structure of the Court of Appeal, the legal status of the Chairman and judges of the Court of Appeal



1. The courts of general jurisdiction in Ukraine. The system of courts of general jurisdiction

As we have noted above, Ukraine justice is done in the forms of criminal, civil, commercial, administrative and constitutional justice. Only a court of special jurisdiction is constitutional, the Constitutional Court of Ukraine, and all other forms of legal proceedings within the jurisdiction of the courts, which are called courts of general jurisdiction. So ordinary courts - courts is engaged in criminal proceedings, civil, commercial, administrative cases and cases of administrative offenses.

Courts of law form a unified system of courts, united together by unity of goals, objectives, and principles of business and led one common to all the Supreme Court of Ukraine.

The unity of the courts of general jurisdiction provided:

- Uniform principles of organization and operation of the courts;

- Only the status of judges;

- Mandatory for all courts of justice rules determined by law;

- Supreme Court of Ukraine providing uniform application by the courts (courts) of cassation rules of substantive law;

- Bound on the territory of Ukraine judgments;

- Only the order of the organizational support of the court;

- The financing solely for the courts of the State Budget of Ukraine;

- To the internal operations of the courts by judicial authorities.

The organizational bases of the system of courts of general jurisdiction in Ukraine are regulated by the Constitution of Ukraine and the Law of Ukraine " On the Judicial System and Status of Judges ".

According to Art. 124 of the Constitution and Art. 17 Law of Ukraine " On the Judicial System and Status of Judges ", the system of courts of general jurisdiction are:

- Local courts;

- Appeals courts;

- High specialized courts;

- Supreme Court of Ukraine.

Article. 125 of the Constitution provides for the construction of the judicial system of Ukraine on the principles of territoriality and specialization. So based on the constitutional rules of construction of the courts of general jurisdiction in Ukraine are common (according to the principle of territoriality) and specialized (the principle of specialization) courts some jurisdictions. General courts are formed in the respective administrative units under the administrative -territorial structure of the state. Structure of specialized courts may not coincide with the administrative and territorial structure of the state.

In Part 1 of Art. 17 Law of Ukraine "On the Judicial System and Status of Judges" as fixed rate similar content that contains a provision under which the system of courts of general jurisdiction based on the principles of territoriality and specialization instantsiynosti.

In accordance with Part 1 of Art. 18 of courts of general jurisdiction specialized in dealing with civil, criminal, commercial and administrative cases and cases on administrative offenses. In addition, the courts of law may be introduced specialized courts of specific types of cases (Part 2 of Article 18 of the Law).

Courts of general jurisdiction are established and abolished by the President of Ukraine upon recommendation of the Minister of Justice of Ukraine on the basis of his proposal respective high specialized court.

The reasons for the creation or elimination of the court is to change the administrative-territorial structure, changes in the court system, as well as other grounds provided by law.

The number of judges in the court determined the State Judicial Administration of Ukraine on the proposal of the Minister of Justice of Ukraine on the basis of his proposal respective high specialized court, taking into account the workload of the court and within the cost approved by the State Budget of Ukraine to the judiciary.

Courts of general jurisdiction are headed by the head of the courts, which in turn have also deputy (deputies). Post of chairman and vice-chairman of the court are considered administrative positions in court. The legislation of Ukraine provides for the following procedure for appointment of judges to administrative positions. Chairman of the Local Court, his deputy, Chief Judge, his deputy, the head of the high specialized court, his deputies shall be appointed for a period of five years from among the judges of this court and dismissed by the High Council of Justice on the submission of the relevant council of judges. A judge may hold one administrative office of the court for more than two consecutive terms. President of the Supreme Court of Ukraine, Deputy Chairman of the Supreme Court of Ukraine shall be elected to office and dismissed by the Supreme Court of Ukraine.

2. The concept links the judiciary and court

The basis for the system of courts of general jurisdiction courts laid also distribution to management.

Field of the judicial system - a collection of ships that have the same structure, organizational structure, powers, and in most cases operate within territorial units equal the administrative status. Now in Ukraine there is a four -level judiciary.

Thus, by first (grassroots) level is the local courts, the second link - courts of appeal, third - high specialized courts. The Supreme Court of Ukraine belongs to the fourth level of the judicial system and also is the highest judicial body in the system of courts of general jurisdiction.

As noted in Part 1 of Article 18 of one of the fundamental principles of the system of courts of general jurisdiction instantsiynist.

Judicial authority determines the authority of a single court in the consideration of the case and in fact indicates the stage, through which the particular case in different courts. Depending on the size of their statutory powers, the courts of general jurisdiction can act as courts of first, appellate or cassation.

Courts of first instance - it is the courts that first consider the case and decide it on the merits of his sentence, judgment or decree. Trial courts are local courts. As a court of first instance in cases stipulated by the procedural law may apply and appellate courts and the Supreme Administrative Court of Ukraine (hereinafter - SACU).

Courts of Appeal - a court that appeals for checking the legality and validity of the trial court if the decision does not come into force. As the court of Appeal acting appellate courts of oblasts, cities of Kyiv and Sevastopol, Crimea Court of Appeal, appellate commercial and administrative courts in cases prescribed by the procedural law - also SACU.

The courts of cassation - a court that the appeal for checking the legality and validity of judgments of courts of first instance and appeal, as well as to review all judicial decisions in cases provided for by procedural law. Cassations browsing high specialized courts Ukraine - High Specialized Court of Ukraine for Civil and Criminal Cases, the Supreme Economic Court of Ukraine, the Supreme Administrative Court of Ukraine.

In addition, the decisions of the courts of cassation can see the Supreme Court of Ukraine on the grounds unequal application by the courts of cassation same substantive law in a similar relationship in the manner prescribed by the procedural law.

The main purpose of the courts of appeal and cassation instances - ensuring the legality and validity of the courts decisions, strict observance of the principle of legality and capacity building of human rights protection, elimination of violations of the law that allowed the lower court and the courts of justice.



3. The system of local courts, their types and powers

Local courts are courts of first level.

The system consists of local courts local general and local specialized courts.

The local general courts include: district, borough, city and city-district courts.

Local specialized courts are commercial and administrative courts. Local economic courts are commercial courts of the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, and local administrative courts are the district courts, which are formed in the provinces (oblasts, cities of Kyiv and Sevastopol, Crimea) in accordance with the decree of the President of Ukraine, as well as other courts by procedural law.

A local court acts as a court of first instance and considers cases attributed by the law to its jurisdiction. Local courts administer justice in the form of civil, commercial, administrative and criminal justice is the basic unit of the judiciary and view over 90 % of all cases.

In terms of specific civil, administrative, criminal, economic affairs of the local court as the trial court considers the merits of the case in court for the first time directly in an open or closed meeting with the parties and on the basis of equality and the adversarial process and other principles of justice, examines the evidence (interrogates suspects, victims, witnesses, experts, and others hear.) and makes a decision in a civil case, the verdict - a criminal who, after the entry into force shall be binding for execution throughout the entire territory of Ukraine.

Local general courts hear criminal and civil cases, administrative cases and administrative cases within their jurisdiction.

Criminal cases - broken (usually by inquiry and pretrial investigation) due to the emergence of criminal legal relations between the state and the person who committed the crime and resolved on the merits in court by means of a guilty or acquittal. Local court as the court and court criminal cases may be considered by a single judge, a panel of judges consisting of 3 professional judges (if relevant article of the Criminal Code provides for more than 10 years in prison), and two judges and three people's assessors (if the relevant article of the Criminal Code provides for life imprisonment).

Civil cases - arising from disputes in the field of civil relations due to violations of civil rights of subjective or non legal responsibilities of persons or entities (eg a dispute regarding ownership of real property, etc.). Proceedings open court with adequate grounds provided CC of Ukraine. Following the merits of the case the judge (court) decides (when making an interim solution - closing the proceedings, suspension, deposition, etc. - decision). Civil cases are handled by a local court as the court and court cases individually or collectively - the judge and two people's assessors (in the cases under Art. 234 of the CPC of Ukraine - to limit the capacity of an individual, the recognition of an individual incompetent or restoration of civil capacity, adoption, recognition face obscurity missing or dead, the person providing mental health care enforcement; compulsory hospitalization for TB dispensary).

In accordance with Part 1 of Article 18 of the CAS local courts, administrative courts as defendants:

1) administrative proceedings in which a party is an organ or official of local self- official or official of a local government, except those defendants district administrative courts;

2) All administrative proceedings regarding decisions, actions or omissions of public authorities in cases of administrative liability;

3) All administrative proceedings against individual disputes with public authorities on the calculation, purpose, terms, implementation, provision, receipt of retirement benefits, social benefits to disabled citizens, payments for compulsory state social insurance, benefits and benefits for children of war and other social benefits, payments, social services, benefits, security benefits.

Administrative courts as special courts hear cases of administrative jurisdiction - cases relating to legal relations arising from the implementation of the subject of power, power management functions, as well as the formation of a public government entity by election or referendum (Part 1 of Article 17 of the CAS).

In particular, jurisdiction of administrative courts shall apply to the following public law disputes (Part 2 of Article 17 of the CAS):

1) disputes over natural or legal persons with authority on the subject of the appeal of its decisions (normative legal acts or regulations of individual action) action or inaction;

2) disputes over the decision of citizens to public service, his passing, the release of the public service;

3) disputes between public authorities from exercising their competence in management, including delegated powers;

4) disputes arising from the conclusion, performance, termination, cancellation or invalidation of administrative contracts;

5) disputes at the request of the subject of authority in cases established by the Constitution and laws of Ukraine;

6) legal disputes relating to the election or referendum process.

As mentioned above, the case of the imposition of administrative penalties are not the competence of administrative courts and general jurisdiction of local courts.

Local (district) administrative courts jurisdiction over administrative cases in which one party is a public authority, another public authority, the authority of the ARC, the regional council, Kiev and Sevastopol city council, their official or officer, except as provided by CAS and except for cases on their decisions, actions or inaction in cases of administrative offenses and cases that defendants local courts as administrative courts (Part 2 of Article 18 of the CAS).

Administrative cases on appeal actions or omissions of officers or employees of local authorities (Part 3 of Article 18 CAS) are considered and solved by local general court as an administrative court or the District Administrative Court at the option of the plaintiff.

Administrative cases and administrative cases dealt with by local courts and court cases individually and the results of their review to essentially judge makes a decision.

Local commercial courts hear cases on disputes arising from commercial relations between business entities (such as individuals - businesses and entities), and other cases attributed by the law of their jurisdiction. This category of cases in local economic courts and on court considers a judge alone and the results of the merits decides (in making interim decisions - ruling).

4. The structure of the local court, the legal status of the Chairman and judges of local courts

A local court composed of judges of the local court, the head and deputy head of the court, and the court staff. The local court in which the amount exceeds fifteen judges may be appointed for more than one deputy chairman.

Chairman of the District Court and his deputy (deputies) are appointed for 5 years by the High Council of Justice on the submission of the relevant council of judges. Moreover, the powers of the chairman or deputy court does not exempt them from duty judge.

According to Article 24 of the Law, the chairman of the local court has the following powers

1) represent the court as a public authority in relations with other government agencies, local governments, individuals and legal entities;

2) define the administrative responsibilities of the deputy head of the local court;

3) controls the efficiency of the court staff, makes the head of the territorial office of the State Judicial Administration of Ukraine regarding appointment of the head of the courts, the deputy head of the courts and of their dismissal, and the application to the Chief of Staff of the court, his deputy promotion or imposition of disciplinary sanction in accordance with law;

4) issue under the act of appointment (election) judge or remove a judge from office appropriate order;

5) inform the High Qualifications Commission of Judges of Ukraine on the availability of vacancies in the court within ten days from the date of their formation;

6) provide for enforcement of the meeting of judges of local courts;

7) control the conduct of the court of Justice Statistics, focus on informational and analytical support to judges in order to improve the quality of justice;

8) ensure compliance with the requirements for training of local court judges;

9) exercise other powers stipulated by law.

With respect to matters within its administrative powers, President, issue orders and instructions. In the absence of the chairman of the court performance of his duties shall be in accordance with established his division of responsibilities for the organization of activities of the court.

Deputy head of District Court shall exercise the powers assigned to it by the chief judge.

Local judge shall:

1) justice in the manner prescribed by the procedural law;

2) proceedings and arrangements to ensure that the proceedings;

3) control over the timely appeal to the enforcement of judicial decisions taken under his chairmanship and some other powers.

New to the office of judge of a local court decree of the President of Ukraine upon submission of the High Council of Justice (on the recommendation of the High Qualifications Commission of Judges of Ukraine) for a period of five years may be appointed a person who has attained the age of 25, has a law degree, is a citizen of Ukraine, has practical experience working in law no less than 3 years old, lives in Ukraine at least 10 years old and has official language. At the end of their term of office, a judge shall be elected for a permanent post by the decision of the Verkhovna Rada of Ukraine on the proposal of the High Qualifications Commission of Judges of Ukraine.

Provides work of the court apparatus Court (secretaries, assistants of judges, court administrators, etc.) led by Chief of Staff of the respective court. Employees of civil servants.

court chairman jurisdiction judge

5. The system of appellate courts in Ukraine, their types and powers

The second element of general jurisdiction is appellate courts. In the system of courts of general jurisdiction in Ukraine can identify general and specialized courts of appeal.

To the general courts of appeal are:

- Appellate courts regions;

- Appellate courts of Kyiv and Sevastopol;

- The Court of Appeal of the Autonomous Republic of Crimea;

To appeal specialized courts include:

- Appellate commercial courts;

- Appellate administrative courts.

Appellate courts specialized in appellate districts created pursuant to Decree of President of Ukraine.

In accordance with Part 1 of Article 27 of the Law of Ukraine "On the Judicial System and Status of Judges" appellate courts in cases of competent jurisdiction vested the following powers:

1) Consider appeals in accordance with the procedural law (ie, act as courts of second instance);

2) In the cases stipulated by the procedural law, consider the case as a court of first instance.

General appeals courts hear civil, criminal cases and administrative cases.

Specialized courts of appeal (economic and administrative) consider economic and administrative affairs.

On appeal may be considered only cases in which no decision became final. According to the procedural law period for appeal against the judgment and authority may be submitted:

- In criminal cases - within 15 days after the proclamation of the judgment (decision), and the prisoners kept in custody - in the same period from the date of handing him a conviction;

- In civil, commercial and administrative cases - within 10 days from the date of issue of judgment or order.

The essence of the proceedings on appeal is that the trial if the parties believe that the judgment had been affected by the substantive or procedural law, they have the right to challenge him.

When considering appeals operate essential features. First of all, it is always considered collectively by a panel of judges consisting of 3 professional judges (in the first instance, as a rule, the dispute decided by a single judge). Peer review provides a thorough investigation of the case and the adoption of the most thoughtful, informed decision. In addition, the appellate judges are usually more experienced, skilled compared to trial judges.

In criminal and civil proceedings appellate court examines the legality and validity of the judgment or the judgment only to the extent the appeal and the findings of the trial court on factual circumstances, which are not disputed, the Court of Appeal is not researched and are not checked.

In administrative proceedings the appellate court reviews the decision of the court is also only within the limits of the appeal, but can also go beyond the reasons of appeal in case of violations committed by the court and jurisdiction, which led to the wrong decision of the case.

In commercial proceedings the Court of Appeal hears the case again with the parties and other stakeholders, research existing evidence and further provided. Appellate Commercial Court does not consider claims that were not the subject of the trial court. At the same time the court is not bound by the reasons of appeal (presentation), checking the legality and validity of the decision in its entirety.

As a result of the case the Court of Appeal reserves judgment or court ruling unchanged, but the appeal - no pleasure, reverses the judgment or decision and return the case for further consideration by the prosecutor or a new trial before the trial court, reverses the judgment and judgment and dismisses the case or changing them

6. Structure of the Court of Appeal, the legal status of the Chairman and judges of the Court of Appeal

In appellate courts can create chambers with different categories of cases.

The Trial Chamber is headed by the Secretary of the Chamber, who shall be appointed from among the judges of the court. The decision to form the panel, its composition and the appointment of the Secretary of the Chamber Assembly adopted the court of appeal on the proposal of chairman.

For example, in the Court of Appeal region may be formed Chamber for civil and criminal cases and cases on administrative offenses. As part of a specialized appellate court can create chambers with different categories of cases in the prescribed specialization within the relevant special jurisdiction (eg economic appellate court may be formed by the Chamber of insolvency proceedings, in administrative appeal - with proceedings regarding tax law, etc.).

In addition to the above responsibilities of cases, appellate courts:

- Analyzing judicial statistics, studies and summarizes case law;

- Provide methodological assistance to local courts to apply the law;

- Exercise other powers stipulated by law.

The structure consists of the Court of Appeal judges who have experience as a judge for at least five years, one of whom is appointed by the president of the court and his deputies. In the Court of Appeal, the number of judges in which more than thirty-five, can be assigned to three Vice-Presidents.

Chief Judge has broader powers than the head of the local court and in accordance with Art. 29 of the Act:

1) represent the court as a public authority in relations with other government agencies, local governments, individuals and legal entities;

2) define the administrative responsibilities of Deputy Chief Judge;

3) controls the efficiency of the court staff, brings to State Judicial Administration of Ukraine regarding appointment of the head of the courts, the deputy head of the courts and of their dismissal, and the application to the Chief of Staff of the court, his deputy promotion or imposition of a disciplinary sanction according to law;

4) issue under the Act on election of a judge or remove a judge from office in accordance with the order;

5) inform the High Qualifications Commission of Judges of Ukraine on the availability of vacancies in the Court of Appeal within ten days from the date of their formation;

6) provide for enforcement of the court of appeal fees;

7) control the conduct and analysis of court statistics, organizes study and generalization of judicial practice, focus on informational and analytical support to judges in order to improve the quality of justice;

8) ensure compliance with the requirements for training court of appeal;

9) exercise other powers stipulated by law.

The Chairman of the Court of Appeal on matters within its administrative authority shall issue orders and instructions. In the absence of the Chief Judge of his administrative powers has one of the Vice-Presidents, by definition, the Chairman, in the absence of such a definition - Deputy Chairman, who has more experience as a judge, and in the absence of the vice-chairman - a judge of that court, who has more experience as a judge. Deputy Chief Judge shall exercise administrative powers by the chief judge. Appellate judge administers justice, and perform such other powers provided by law. The work of the Court of Appeal provides apparatus appropriate court, headed by Chief of Staff of the court.

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