Beruflich Dokumente
Kultur Dokumente
Ɋɟɮɟɪɚɬ ɧɚ
ɬɟɦɭ:
Court system in Ukraine
ɉɿɞɝɨɬɭɜɚɜ:
ɫɬɭɞɟɧɬ 22ɝɪɭɩɢ
ɓɟɪɛɢɤ Ȼɨɝɞɚɧ
Ʌɭɰɶɤ 2011
Content
Entry
1. General jurisdiction
1.1. The structure of the courts of general jurisdiction
1.2. Local courts
1.3. Appellate courts
1.4.Vyschi specialized courts
1.5. The Supreme Court of Ukraine
2. Constitutional Court of Ukraine
Conclusions
References
V
Courts in Ukraine form the judiciary, for which, as for each system are several
connections and relations between its separate elements (the courts) as well as
inherent properties such as hierarchy, multilevel, structuring. The judicial system
of Ukraine, uosoblyuyuchy con ¬ ¬ no aspect of the approach, the judiciary - one
of the branches of the government - reflects the features of this power in our state,
corresponds to the socioeconomic development in the dominant society's views on
the place of trial in the mechanisms of state power, experience and certain
practices.
A distinctive feature of the judicial system of Ukraine is that it is a unitary
state system, which, unlike the federal states, where a federal system as a su ¬
virgins, and some courts of the Federation (states, provinces, regions and
countries) , has a single judicial system that does not involve subject matter
jurisdiction of the division between courts on the grounds of belonging to different
internal structures.
Second difference of the judicial system of Ukraine is the existence of two
branches of the judicial system: the Constitutional Court and courts of general
jurisdiction.
Of the two models of the judicial institution of the Constitution - the U.S., where
the function carried out courts and European, when given a task to solve heat ¬
formed body been addressed - Ukraine has chosen the European model,
constitutionally enshrining the formation of the Constitutional Court of Ukraine -
the only body of constitutional jurisdiction .
The third hallmark of the judicial system of Ukraine is monotsentryzm the courts
of general jurisdiction. Unlike bitsentryzmu that existed over a decade, when the
subsystem of the general courts led the Supreme Court of Ukrain e and the
economic subsystem (then arbitration) - equal to him by the Supreme Economic
status (then arbitration) court of Ukraine, now the subsystem and general and
specialized subsystem Courts by Supreme Court of Ukraine.
Thus, the judicial system of Ukraine formed the Constitutional Court of Ukraine
and courts of general jurisdiction. The latter in turn consist of general and
specialized courts. Common include district, district in the city, city and district
courts,, appellate courts regions, the appell ate courts of Kyiv and Sevastopol, the
Court of Appeal of ARC and the Appellate Court of Ukraine.
Specialized commercial courts are courts of oblasts, Autonomous Republic of
Crimea, Kyiv and Sevastopol, the economic courts of appeals districts and Higher
host Ski ¬ Court of Ukraine, as well as district administrative courts,
administrative courts of appeals districts and higher administrative court of
Ukraine ¬ sions.
The head of the system of courts of general jurisdiction of the Supreme Court of
Ukraine.
Actually the system of courts of general jurisdiction is defined in the Law on
the Judiciary of Ukraine, who developed and detailed to starting position,
enshrined in the Constitution. Under this law, general jurisdiction consisting of
general and specialized courts. General courts hear criminal and civil cases and
cases on administrative violations. Specialized are commercial courts, which hear
cases arising from commercial relations as well as some other cases attributed by
the law within their jurisdiction. And belong to specialized administrative courts
that hear cases related to legal relations in public administration and government
(cases of administrative jurisdiction).
Subsystem of the general courts are the local district, district in the city, city and
district courts. They belong to the first level courts. The second level in the
subsystem general court form courts, which includes courts of oblasts, cities of
Kyiv and Sevastopol, the Appellate Court of the Autonomous Republic of Crimea.
Conv ¬ tion the term "appeal" in the title these courts does not mean that they are
empowered to review cases only on appeal. In the cases provided by law, they
provide cases in first instance. The existence of two powers in the courts of
instance of the second level was the reason for third -level subsystem in general
courts, which in the law before the Appellate Court of Ukraine.
At the fourth level of the judiciary is the Supreme Court of Ukraine, which on
general courts empowered to review the court of review The decisions of local,
appellate courts and the Appellate Court of Ukraine.
Subsystem specialized courts form the commercial and administrative courts.
Local economic courts (first level) is the economic courts of the Autonomous
Republic of Crimea, Kyiv and Sevastopol.
The local administrative district courts are courts created in the districts according
to the Decree of President of Ukraine.
Specialized courts of appeal (ie the second level courts) is the commercial courts of
appeal and appeal administrative courts, which are formed in appellate circuits
decrees of President of Ukraine. They only hear cases on appeal.
The third level subsystems specialized courts are the Supreme Economic Court of
Ukraine and the Supreme Administrative Court of Ukraine. In the case of
formation of other types of specialized courts should be formed respective high
courts. The Constitution did not specify the content of the notion of "supreme
court", and the Law of Ukraine "On the Judicial System of Ukraine" stipulates that
the higher su-di is the highest judicial body of specialized judicial branches
appearing in the court of review cases within their jurisdiction, as well as other
cases under the procedural law, provide specialized courts of lower level regarding
application of law to resolve cases within their jurisdiction.
The Supreme Court of Ukraine, which is the highest judicial body in general
subsystem, and subsystem specialized courts may review, consider higher
specialized courts in the court of review for exceptional or new circumstances.
The local courts are the district, district in the city, city and district courts and
military courts of garrisons.
Local economic courts are commercial courts of the Autonomous Republic of
Crimea, Kyiv and Sevastopol.
Local administrative courts are courts of the district, formed in districts according
to the Decree of President of Ukraine.
Members form a local court district judge, the chairman and deputy chairman of
the court. If the number of local court judges than fifteen, can be assigned more
than one Vice President.
Local courts are the first link (level) of general jurisdiction. They have also been
customary ymenuvaty core of the judicial system since they constitute the vast
majority of all judicial bodies, as well as courts of first instance c onsider almost all
(with few exceptions) lawsuits. Amenable to certain categories of cases on initial
review of the first instance by higher courts is determined by procedural law.
General subject-matter jurisdiction and specialized courts determined
GENERALLY sudoustriynomu and in more detail the procedural laws.
Local courts of general jurisdiction hear criminal, civil and administrative cases
and cases on administrative violations.
Appellate courts are the second level (level) in the general courts, which are
intended to implement the constitutional principle of ensuring the appeal court
decisions. In Ukraine there are general and specialized courts.
Judicial districts (area under jurisdiction of the court) in general and specialized
appellate courts do not match. Moreover, the general court in the subsystem name
of the court and outside the judicial district in the law. As for specialized courts,
the solution given question within the jurisdiction of the President of Ukraine.
Yes, the law has determined that the appellate courts are: the regions courts,
appellate courts of Kyiv and Sevastopol, the Appellate Court of the Autonomous
Republic of Crimea, regional military courts and the Court of Appeal naval Forces
of Ukraine and the Appellate Court of Ukraine.
The law allowed if need be, the appellate court set up field general courts of appeal
with territorial jurisdiction in several regions.
Specialized courts of appeal have appella te commercial courts and administrative
courts of appeal that will occur in the appellate circuits to the decrees of the
President of Ukraine.
The specified procedure is fully consistent with the Constitution of Ukraine, which
empowers the President of Ukraine to establish the authority of the courts.
However, as in the courts of law (as opposed to special) always there were three
links, the law kept their list, only filling them with authority. As a specialized
system (initially in commercial, and then in administrative) court indicated it was
necessary to create a link for the first time. At the time of adoption of the Law of
Ukraine "On the Judicial System of Ukraine" in this link of the commercial courts
did not exist.
Justices of the Appeals Court judges form, usually at ¬ wound permanently.
Since judges of this court are appointed by Chief Justice and his deputies, one of
which is the first deputy. They, like heads and deputy heads of local courts are
appointed for five years and dismissed by the Pre sident of Ukraine. They may also
be appointed to administrative positions again.
Appellate courts are structured internally. Unlike local su ¬ virgins, where the
internal structuring of the (major) depends on the ability of each court separately
structuring appellate court not only enshrined in law, it defined and order of
formation of these structures.
To consider cases in appellate courts formed chambers. To address organizational
issues in the appellate courts acting Bureau Court of Appeals.
Powers of appellate courts are divided on the legal, analytical and methodical.
Belong to the first authority on proceedings in Apel are also presented ¬ tion
procedure and in cases in first instance. The second group of powers belonging to
analyze forensic statistics, you ¬ doctrine and synthesis of judicial practice. The
third - provide consultations to local courts in the utilization of by ¬ legislation.
Powers of appellate courts, enshrined in Art. 26 Law is not exhaustive. They can
make and other powers to be prescribed by law.
The reason for the hearing in order of appeal is an appeal lodged by the court of
first instance, which has not taken effect. Judgement in this case - is the verdict,
decision, decree, ruling su ¬ du first instance.
The highest bodies of the specialized courts are the Supreme Economic Court of
Ukraine and the Supreme Administrative Court of Ukraine. The law allows for the
possibility of other higher education and specialized courts in the general
procedure provided in Art. 20 of the Law of Ukraine "On the Judicial System of
Ukraine".
High specialized courts composed of judges elected to a permanent position, the
Chief Justice and his deputies. Requiring judges to be elected indefinitely m eans
that experience to judgeships in it shall be a minimum of five years. The highest
specialized court may form chambers on certain categories of cases defined by
specialization from within the special jurisdiction. Therefore, the number and
subject specialization chambers in higher courts are not determined by law and by
the higher court. In the Supreme Economic Court established four chambers: in
cases of bankrupt cos ¬; of proceedings to levy taxes (obligatory payments) in
cases of disputes between businesses, with cases involving the protection of
intellectual property. At the stage of the study is the need of another formation of
the Chamber of proceedings in disputes and corporate disputes, related to the
mentioned ¬ privatization of state property.
Presidium high specialized court created to deal with organizational issues. To
address common issues of all branches of the courts in certain specific high
specialized court has a Plenary specialized court. Under the law all the high
specialized courts located in Kiev.
The powers of high specialized courts form a system which consists of legal,
analytical, methodical and organizational responsibilities. Along with these
specialized court is vested with the authority of another, which results from its
status in the branch of specialized courts - is pravoroz'yasnyuvalne powers.
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