Ukrainian Law - Courts System

Courts System

Ukraine's court system is widely regarded as corrupt. Ukrainian judges have been arrested while taking bribes.

Courts in Ukraine are divided by jurisdiction including constitutional courts, general (criminal and civil jurisdiction) courts, economic courts, and administrative courts. There is also the Constitutional Court of Ukraine, the Supreme Court of Ukraine, Appellate Courts (in every Region oblast of Ukraine), and District Courts in every city, town, or raion (which is a subdivision of oblast). As well, there is the High Administrative Court of Ukraine, Local Administrative Courts in every administrative district, usually oblast, the High Economic Court of Ukraine, Local Economic Courts in every administrative district, usually oblast, and Military court in every Appellate Court in every regional oblast. There is also the Tertiary Court created in accordance to the law "On Tertiary Court" and registered in Ministry of Justice of Ukraine.

In order to become a judge in Ukraine, one must be 25 years old. Newly inducted judges are appointed by the President of Ukraine and serve for five years. Afterwards, judges are elected for life by the Parliament of Ukraine. Judges are not elected by the citizenry as practiced in many western countries. The judicial branch of power in Ukraine is not completely independent. To detain or arrest a judge, special permission by the Parliament of Ukraine is needed.

A judge shall not refer to political parties and trade unions, as well as participate in any political activity, have representative mandate, occupy any other paid posts, or do any other paid work except that which is scientific in nature, teaching or creative value. According to the law, a judge, while executing justice, shall follow the Constitution and the laws of Ukraine and shall ensure full, thorough and objective consideration of the cases adhering to the terms set by law. They are also obliged to take measures concerning prevention of unauthorized dissemination of the information the state and/or commercial entity considers secret or is confidential and became known to him/her in the process of doing official duties. Moreover, the Law requires a judge to refrain from the actions that defame a judge and may cause doubt that she/he is objective, as well as unprejudiced and independent.

The Law sets the system of guarantees of judge's professional activity which are necessary to approve unprejudiced and objective decisions. The Law guarantees to judges their personal immunity, secrecy of court decisions, legal protection, as well as material and social provision. The Law also prohibits any not envisaged by law interference in judge's activity concerning justice execution, detention or arrest of a judge without the consent of the Verkhovna Rada until bill of indictment concerning him/her is carried out by the court.