LIQUIDATION OF HIGH SPECIALIZED COURT OF UKRAINE FOR CIVIL AND CRIMINAL CASES AND FURTHER DESTINY OF JUDGES OF THIS COURT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
The article provides the analysis of amendments by the Law of Ukraine № 1401-VIII «On Amending the Constitution of Ukraine (Regarding Justice)» and the Law of Ukraine № 1402-VIII «On the Judiciary and the Status of Judges» (come into force on 30 September, 2016) to the currently existing system of judiciary in Ukraine. The author reveals problems of legal regulation in the sphere of determination of the legal status of judges of the High Specialized Court of Ukraine for Civil and Criminal Cases due to the liquidation of this court. According to item 5 of the item 161 of the chapter XV «Transitional Provisions» of the Constitution of Ukraine edited by the Law of Ukraine № 1401 from the day of coming into force of the Law of Ukraine «On Amending the Constitution of Ukraine (regarding justice)» in cases of reorganization or liquidation of separate courts established before coming into force of the Law of Ukraine «On Amending the Constitution of Ukraine (regarding justice)», judges of such courts have right to submit a claim on resignation or a claim on the participation in competition for the position of a judge determined by the law. Herewith, the peculiarities of a judge transfer to position in other court can be determined by law. Herewith, from 30 September, 2016 appointment, termination of authority and dismissal of judges is held according to the Constitution of Ukraine taking into account amendments made by this Law (item 2 of the Chapter II «Final and Transitional Provisions» of the Law of Ukraine № 1401). In the view of the abovementioned, it is necessary to investigate ways to solve such problem issues, which can appear due to the HSCU liquidation: 1) which subject will take the decision on liquidation of the HSCU; 2) submission of resignation claim by the HSCU judge by 30 September, 2016; 3) submission of resignation claim by the HSCU judge after 30 September, 2016; 4) submission of claim on the participation in competition for another position by the HSCU judge; 5) submission of claim on transfer to position in another court by the HSCU judge. It is important to remark that to the HSCU liquidation procedure it’s impossible to apply mechanism foreseen by the sub-item 6 of the item 16ˡ of the Chapter XV «Transitional Provisions» of the Constitution of Ukraine edited by the Law of Ukraine № 1401. Therefore, only the Verkhovna Rada of Ukraine is authorized to adopt the decision on the HSCU liquidation by the law of Ukraine, whose draft is submitted by the President of Ukraine after consultations with the High Council of Justice.
Authors and Affiliations
О. М. Лагнюк
Keywords
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