Activity count of highest
judicial body of Ukraine – Supreme Court of USSR started since March 11,
1923. The history of the activity of judicial bodies of Ukraine as well
as the Supreme Court of Ukraine was not a simple one. Under conditions of
political monopolism the courts, as a compound part of the state bodies
system, carried out such functions and in such forms, which have been
determined by higher governmental structures of the power system. Proclamation
of the Ukrainian sovereign, legal democratic state, carrying out of
different procedures in this direction have fundamentally changed the
status of courts and judges. The understanding that the level of
democracy determined by court place in the state becomes more and more
confirmed in the society. According to the Constitution of Ukraine, the
state is responsible to people for its activity. Statement and guarantee
of human rights and freedoms is a principle obligation of the state. Human
and citizen’s freedoms are to right by the court. Undoubtedly, to insure
reliable protection of human and citizen’s rights and freedoms as
requires the Fundamental Law of Ukraine, can only the judicial system
that will operate exclusively on the basis determined by the
Constitution: lawfulness, equality of all participants in a trial before
the law and court, legal proceedings publicity, competitiveness of parts,
abidance by presumption of innocence etc., in conditions of judges
independence and immunity. To reform the judicial system and judicature –
is not a simple and rapid process particularly taking into account
existing problems in the state. But the Constitution of Ukraine determines
the guidelines. Though on these conditions the Supreme Court of Ukraine
as highest judicial body in the system of general courts on the basis of
present legislation will provide by its activity the law, right and
justice prevalence in the society.
Leadership
The
Supreme Court of Ukraine consists of the Chairman, his first Deputy,
three Deputies of the Chairman, members of the Supreme Court and assessors.
The Constitution of Ukraine does not restrict the number of judges in the
Supreme Court. Necessary number of judges of the
Supreme Court of Ukraine is to be determined by the body, which elects
judges on the assumption of extent of authorities carried out by this
body of judicial power. According to the list of members of staff the Supreme Court of
Ukraine comprises now 85 judges. The Verkhovna Rada of Ukraine
permanently elects judges of the Supreme Court of Ukraine. The Chairman of the Supreme Court of Ukraine and his deputies are
elected to office by Plenary of the Supreme Court of Ukraine from among
judges of SCU for a five-year term by secret vote. Presidency of the
Supreme Court of Ukraine on the submit of the Chairman of the Supreme
Court of Ukraine approves: from among deputies of the Chairman of the
Supreme Court of Ukraine – the first Deputy of the Chairman of the
Supreme Court of Ukraine; from among deputies of the Chairman or members
of SCU – heads of Judicial Collegium of SCU.
Structure
According to the legislation in force
the Supreme Court of Ukraine comprises the following structure: Judicial
Chamber on civil cases; Judicial Chamber on criminal cases; Judicial
Chamber on administrative cases; Judicial Chamber on economic cases;
Military Collegium; Presidency, Plenary; Council of Judges of Ukraine. The members of Judicial
Collegiums are ratified by the Plenary of the Supreme Court of Ukraine
from among judges of SCU. The Chairman of the
Supreme Court of Ukraine in cases of need has the right by his order to
enable judges of one Collegium on approval of cases of another Collegium.
Tasks
The
Supreme Court of Ukraine rendering justice on the basis of supremacy of
law guarantees protection of human and citizen’s rights and freedoms,
rights and legal interests of juridical persons, interests of society and
state ensured by the Constitution of Ukraine.
Legal basis
The Supreme Court of Ukraine operates
in accordance with the Constitution of Ukraine, the Law of Ukraine “On
Judicial System of Ukraine”; Laws of Ukraine; Administrative, Criminal,
Civil Codes of Ukraine and also Decrees of the President of Ukraine.
