Resolution of the Committee on Justice from 23.09.2009 "On the Situation regarding the Principal Board of Experts Judges of Ukraine that arose due to the Adoption of the Order of the president of Ukraine "On Changes in the Structure of the Principal Board of Experts Judges of Ukraine" from 09.09.2009№720"

29 September 2009, 15:25

THE VERKHOVNA RADA OF UKRAINE

RESOLUTION

of the Committee on Justice

from 23.09.2009

"On the Situation regarding the Principal Board of Experts Judges of Ukraine that arose due to the Adoption of the Order of the president of Ukraine "On Changes in the Structure of the Principal Board of Experts Judges of Ukraine" from 09.09.2009№720"

On 23rd of September the Verkhovna Rada of Ukraine Committee on Justice scrutinized the issue On the Situation regarding the Principal Board of Experts Judges of Ukraine that arose due to the Adoption of the Order of the president of Ukraine "On Changes in the Structure of the Principal Board of Experts Judges of Ukraine" from 09.09.2009Кa720.

According to the Order of the president of Ukraine and dismissed form the execution of duties the members of the Principal Board of Experts Judges of Ukraine two members (Kyryliuk R. and Potapenko V. nominated by the Order of the president of Ukraine from 10 March 2009№143/2009 and adopted on the post of the Principal Board of Experts Judges of Ukraine member two new members (Ilkov O. and Melnyk M.).

The current laws of Ukraine do not envisage the right of the President of Ukraine to dismiss or discharge from one´s duties members of the Principal Board of Experts Judges of Ukraine until the end of the terms of authority determined by the articles 74 and 76 of the Law of Ukraine "On Juridical System of Ukraine".


One of the discharged judges, Kyryliuk R., resorted to the court with the claim to protect his rights and legal interests with the administrative claims on the revocation of the President Order №720 from 09.09./2009. Administrative claims are admitted for the court proceedings

Having scrutinized the issue the Committee stipulated:

temporary, until the reversal of the President Order №720 or until the court proceedings are finished do not scrutinize during the Committee n Justice sitting the material adopted by the Principal Board of Experts Judges of Ukraine after the mentioned Order of the president of Ukraine.

 

Chairman of the Committee                                                                                                                                                         S. Kivalov