The Committee on Judicial Policy declared the draft law on amendments to the Law “On the Court System and the Status of Judges” (re qualification requirements to be elected as a judge of a higher level) as non-contradicting to the Constitution of Ukraine

Information Department of the Verkhovna Rada of Ukraine Secretariat
29 April 2013, 14:46

The bill (Reg. No. 2711) suggests amend part four of article 26, part three of article 31 and part two of article 39 of the Law “On the Court System and the Status of Judges” and establish that the Court of Appeal is composed of judges permanently elected to the post of a judge; the Higher Specialized Court is composed of judges permanently elected to the post of a judge and possessing work experience not less than seven years, of which not less than two years they have served at the post of a judge of the Court of Appeal; and the person possessing work experience at the post of a judge not less than fifteen years, of which not less than five years at the post of a judge of the Higher Specialized Court can be elected as a judge of the Supreme Court.         

It was noted that the status, authorities, and the procedure of activity of the Verkhovna Rada are determined by the Constitution of Ukraine. It is within the authority of the Verkhovna Rada to adopt laws (clause three of part one of article 85). The court system and the status of judges are determined exclusively by the laws (clause fourteen of part one of article 92 of the Constitution). 

Under part one of article 55 of the Constitution of Ukraine, the rights and freedoms of a person and citizen are protected by the court.