18:41 02.06.2016

Savchenko and Shukhevych recommend annulling law on judiciary and judge status

3 min read
Savchenko and Shukhevych recommend annulling law on judiciary and judge status

Draft resolution No. 4734-p has been registered in the Verkhovna Rada, a measure that would void the June 2 decision of MPs to adopt the draft law on the judicial system and the status of judges.

Authors of the bill are Radical Party MP Yuriy Shukhevych and Batkivschyna (Fatherland) Party MP Nadia Savchenko.

The bill is the first initiated by Savchenko as an MP following her repatriation to Ukraine. Savchenko was held for almost two years in Russian captivity.

Text of the measure proposed by Savchenko has not been published in the parliament's official website.

Verkhovna Rada speaker Andriy Parubiy said parliament rules do not allow him to sign law No. 4734 on the judicial system and status of judges until the new bill (co-authored by Savchenko and Shukhevych) is floored for debate in parliament.

As earlier reported, Ukrainian lawmakers on June 2 adopted new wording of the law on judicial system and status of judges, which will enable to implement provisions of the bill on amendments to the Constitution of Ukraine regarding the judiciary, if adopted.

Some 281 MPs voted for the wording of law No. 4734 on judicial system and status of judges proposed by the president.

Now judges will be transferred from one court to another not by the president but the Higher Council of Justice. However, they will be appointed by the head of state on the proposal of the Higher Council of Justice.

The law establishes a procedure of selecting and appointing judges. The Higher Qualification Commission of Judges holds a qualification examination, verification of candidates within the law to combat corruption, as well as a tender for vacant positions of judge. The commission puts applicants forward to the Higher Council of Justice, which decides on nominating the candidate to the president of Ukraine for appointment. According to the law, a judge of the Court of Appeals can be a person who confirmed professional ability on the results of qualification evaluation, with experience of judicial work of 5 years, research experience in the field of law of not less than 7 years, professional experience of lawyer or conducting defense in criminal prosecution for at least 7 years.

The law establishes the powers of judges, appointed for five years prior to the entry into force of this act, will terminate with the completion of the term for which they were appointed. Upon completion of their powers, they can be appointed as a judge on the results of a tender to be conducted in a manner prescribed by this law.

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