President Petro Poroshenko has signed Judicial Reform Act No192-VIII On Right to Fair Trial, Forbes reports.
“Returned bearing the signature of the President (24.02.2015)”, – the status of the document is.
This law lays legal foundations for the judicial reform to ensure an efficient protection of rights and freedoms of citizens, interests of legal persons in trial, realization of the right to fair hearing.
The law envisages competitive selection and total re-attestation of judges, gives a precise list of reasons for layoff and bringing judges to responsibility.
The document stipulates that decisions of the Supreme Court of Ukraine on application of the rule of the law become mandatory for those having legal powers, while courts should apply efforts to ensure equal application of rights.
In compliance with the international standards, other issues concerning formation of courts, appointment of judges to administrative positions, composition of courts and performance of judicial functions are also being scrutinised.
So, it is set out that the executive bodies can neither affect the procedures for formation of courts nor limit their number.
But reduced is the number of administrative positions in courts, so that the composition of courts can reflect actual workload as far as possible.
Guarantees of judicial independence and immunity, as well as their rights and duties are being elucidated and enhanced; the new wording of the judge oath will be introduced.
The procedure for appointment of judges to the position, including the way of selection of candidates, screening test and qualifying exams, preparation and training of candidates to hold the position of a judge, are becoming more transparent. The procedures for selection of permanent judges, their appointment and transfer to other courts are being regulated, to achieve that it should be done solely through competition.
The independent evaluation of the professional qualification of judges, what can directly influence their future career, has been also detailed. The attestation of judges is being introduced.
Besides, the document envisages precise definition of reasons and procedure for initiating disciplinary proceeding against judges, defines eight types of disciplinary penalties, particular terms for bringing judges to responsibility and redemption time in case of disciplinary penalties. Meantime, the guarantees to protect the rights of judges and contested action in the disciplinary proceeding have been defined, too.
The law also enters changes to the procedure for formation of the Higher Qualification and Disciplinary Bar Commission. The law won’t come into force unless the Higher Council of Justice and Higher Qualification and Disciplinary Commission are formed.
