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- The Ukrainian Court

: The Ukrainian Court.


The Ukrainian Court

The court is the main instruments of enforcing law. The fates of people, defence of their interests, maintance of relations between the state and the citizen defined by the law and the observance of public order greatly depend on the court.

1. Justise in Ukraine is administered only by the court in strict conformity with the law.

2. Justice is administered on the principle of the equality of citizens before the law and the court.

3. All citizens have the right to legal defence.

4. Judges are independent and subject only to the law. The inviolability of judges and other guarantees of their independence are provided for by the law.

5. All courts are formed on the principle of the electiveness or appointment of judges. The judges are elected by the president for a term of 5 years, and then by the Verchovna Rada for In trial courts (courts of original jurisdiction) cases may be examined either by a judge alone or colegially with a pannel of three professional judges or the jury ( when dealing with more serious crimes and civil ofences). When the case is tried by a judge alone he pases ruling and a sentence. When hearing of criminal cases is collegial the court brings in decision or a judgement.

6. There exist a system of independent courts in Ukraine, all of them having their own competence: the Constitutional Court of Ukraine ensure the conformity of laws and other normative acts to the Constitution of Ukraine; General Courts comprise district (city) courts, interdistrict (circuit) courts, regional courts and the Supreme Court of Ukraine. These Courts try civil, Criminal and administrative cases. The Supreme Court of Ukraine is the highest judicial organ in the system of general courts. It is a court of appelate and cassation jurisdiction. The Court of Arbitration ensures the defence of rights and legitimate interests of participants in economic relations.

7. Proceedings in all courts are open to the public.

8. The suspect, the accused and the defendant are ensured the rights to legal defence. The amendments introduced into the Fundamenals of Criminal Legal Procedure envisage the defence lawer being allowed to take part in a case from the moment an accusation is made or a suspect detained.

9. No one may be adjudged guilty of a crime and subjected to punishment as a criminal except by the sentence of a court and in conformity with the law.

10. Representatives of public organizations and work collectives may take part in the examination of civil and criminal cases in court.



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