The President of Ukraine Petro Poroshenko has signed the law «On High Council of justice», according to the website of the Verkhovna Rada.
«03.01.2017 is returned with a signature from the President», — noted on the page of the law on the Parliament website.
As has informed on Tuesday a press-service of the head of state, he signed the law during a meeting with Chairman of the Supreme Council of justice Igor Benedicam and Deputy head of the presidential administration Oleksiy Filatov.
«An organ that removes the political element in the judicial branch, removes the Verkhovna Rada of the mechanisms of appointment, granting of consent to prosecution and dismissal of judges», — said the benefits of creating this Council, President.
He reminded that the draft law «On High Council of justice» received a positive assessment of the Venice Commission, partners from the European Union and the United States. «I believe that this decisive action to ensure key rights of Ukrainian citizens — the right to justice, right to a fair trial,» — said Poroshenko.
The head of state thanked the Parliament for their support of the law and adoption in terms which make it possible in 2017 to fully earn the High Council of justice.
In addition, Poroshenko signed the law on amendments to the Budget code, which, in particular, settle the question of financing of this new body.
As reported, the deputies adopted the law «On High Council of justice» on the night of December 21, 2016.
The law defines the status, powers, principles of organization and activities of the High Council of justice. According to the law, the High Council of justice is a collective independent constitutional organ of state power and judicial self-government, which operates in Ukraine on a permanent basis to ensure the independence of the judiciary, its functioning on the basis of responsibility, accountability, the formation of a respectable and highly professional corps of judges.
The document stipulates that the High Council of justice decides on the dismissal of judges from office and consents to the detention or arrest of a judge. The high Council of justice also provides for the exercise of disciplinary authority disciplinary proceedings against judges.
Currently, the consent to detention and arrest of judges gives the Verkhovna Rada.
The law gives the Supreme Council of justice the authority to make representations for the appointment of judges to the position, create the bodies for consideration of cases on disciplinary liability of judges, to make decisions on the transfer of judges from one court to another, to correlate the number of judges in the court, to participate in the definition of Budget expenditures for the maintenance of the courts, the judiciary, argued by the State judicial administration of Ukraine, the regulations of human, financial, material-technical provision of the courts.
The composition of the High Council of justice is composed of 21 people, 10 of them chooses a Congress of judges from among the judges or retired judges, 2 appointed by the President, 2 shall elect the Verkhovna Rada, 2 – Congress of advocates, 2 – Ukrainian conference of prosecutors 2 – the Congress of representatives of higher legal educational and scientific institutions. The head of the Supreme court serves on the Board ex officio.
Board members shall be appointed for a term of four years. The same person may hold the office of member of the High Council of justice for two consecutive terms. The law prescribes the procedure for the election of members of the High Council of justice, their rights and obligations, the order of dismissal.
Spelled out the structure and organization of the activities of the High Council of justice. For consideration of cases on disciplinary liability of judges the disciplinary Council of the chamber creates each of them included at least four members, a significant portion of them must be in the past judges.
29 Dec on the Facebook page «press centre of the judiciary,» it was reported that the President of Ukraine Poroshenko signed the law on the High Council of justice.
Poroshenko has signed the law on the High Council of justice 03.01.2017