Judicial self-government bodies Article 128. Meetings of Judges

1. The meeting of judges is the meeting of judges of a respective court, at which they discuss issues related to the internal operation of the court and adopt collective decisions on the issues discussed.

2. The meeting of the judges shall be convened by the Chief Judge of the respective court on his/her own initiative or at the request of at least one-third of the total number of judges of this court.

3. The meeting of judges shall be convened as necessary but at least once every three months.

4. The meeting of judges shall be considered duly constituted if attended by at least two thirds of the number of judges of this court. Only the judges of the given court shall be eligible to vote.

To the meetings of judges the court staff, retired judges, representatives of civic associations, journalists and other persons may be invited

5. The meeting of judges shall:

1) discuss the issues concerning the internal operation of the court or the work of individual judges or court staff, and adopt decisions on these issues that are binding on judges and staff of the given court;

2) determine the specialization of judges for consideration of specific categories of cases;

3) determine the case load of judges of the relevant court taking into account the performance of administrative and other duties;

4) hear the reports of judges holding administrative positions in the given court, and the Chief of staff of the court;

5) make a request to discipline a lawyer, prosecutor, official of a state body or local self-government body for actions or failure to take actions that violate the guarantees of independence of court and judge; and

6) exercise other powers determined by this Law.

6. Meeting of judges of every court (except trial general courts) shall elect, by secret voting, delegates for Congress of Judges of Ukraine.

7. Meeting of judges of every local general court shall elect, by secret voting, delegates for joint meeting of judges of local general courts in the Autonomous Republic of Crimea, every oblast, and cities of Kyiv and Sevastopol under 'one delegate from ten judges’

principle. If the court has less than ten judges, one delegate shall be delegated from such court.

Joint meeting of judges of local general courts in the Autonomous Republic of Crimea, every oblast, and cities of Kyiv and Sevastopol shall be held to elect delegates for the Congress of Judges of Ukraine by secret voting.

The procedure of convening and holding the joint meetings of judges of local general courts shall be defined by the Council of Judges of Ukraine.

A judge holding an administrative position in court may not be elected as a delegate for joint meeting of judges of local general courts.

8. Meeting of judges shall submit proposals on issues related to the activity of the court to state power bodies and local governments that are required to consider these proposals within fifteen days and provide substantive response.

9. The meeting of judges shall discuss the issues related to the practices of application of law; develop respective proposals for improving such practices and the legislation. The meeting of judges of the local or appellate court, high specialized court may submit respective proposals for the review to the Supreme Court.

10. The meeting of judges of the local general courts shall elect the investigating judges in the manner prescribed by this Law.

11. The meeting of judges shall adopt the decisions by a majority of votes of the judges present at the meeting through an open voting, unless there is a decision to conduct secret voting. The decisions on the election of delegates to the joint meeting of judges of local general courts shall be adopted by secret voting.

12. The implementation of decisions of the meeting of judges upon the instruction of the meeting shall be vested in the chief judge or deputy chief judge of the respective court.

Article 129. The Congress of Judges of Ukraine

1. The highest body of the judicial self-governance shall be the Congress of Judges of Ukraine.

2. The Congress of Judges Ukraine shall:

1) hear reports of the Council of Judges of Ukraine on the implementation of objectives of judicial self-government bodies in ensuring the independence of courts and judges, on the organizational and financial support of the courts operation;

2) hear reports of the High Qualifications Commission of Judges of Ukraine on its activity;

3) hear reports from the Chairperson of the State Judicial Administration of Ukraine on its activity, including the organizational, financial and technical support of judicial power bodies;

4) appoint the judges of the Constitutional Court of Ukraine in accordance with the Constitution and laws of Ukraine;

5) elect the members of the High Council of Justice [new] and decide on their dismissal from the office of member of the High Council of Justice [new] in accordance with the Constitution and laws of Ukraine;

6) elect the members of the High Qualifications Commission of Judges of Ukraine and make decision to dismiss them from the office under this Law;

7) submit proposals on the operation of courts to state authorities and their officials;

8) elect the Council of Judges of Ukraine;

9) consider other issues related to judicial self-governance in accordance with the law.

3. The Congress of Judges Ukraine shall adopt decisions that are binding on all bodies of judicial self-governance and all the judges.

Article 130. The Procedure for Convening the Congress of Judges of Ukraine

1. The regular Congress of Judges of Ukraine shall be convened by the Council of Judges of Ukraine once every two years. An extraordinary Congress of Judges of Ukraine may be convened upon the decision of the Council of Judges of Ukraine.

2. If necessary, the meeting of judges may apply to the Council of Judges of Ukraine with a proposal to convene an extraordinary Congress of Judges of Ukraine. The Council of Judges of Ukraine shall be obliged to convene an extraordinary Congress of Judges of Ukraine at the request of the meetings of judges of not less than one-fifth of all courts.

3. The Council of Judges of Ukraine, which convenes the Congress of Judges of Ukraine in the manner, determined in part one of this Article, shall approve the preliminary

list of issues proposed for consideration of the Congress, and determine the date and venue of the Congress. In case the Congress of Judges of Ukraine is convened at the request of the meeting, the preliminary list of issues shall include all the issues that are subject of the mentioned request.

4. Other persons, in addition to the delegates, may be invited to the Congress of Judges of Ukraine. The invited persons shall not participate in the voting in the course of adoption of decisions of the Congress of Judges of Ukraine.

5. In case the Council of Judges of Ukraine does not convene the Congress of Judges of Ukraine within the term determined by parts one and two of this Article, such Congress shall be convened at the request of the meeting of judges of not less than one-fifth of all courts without the participation of the Council of Judges of Ukraine.

In this case, the initiators of the convocation of the Congress of Judges of Ukraine shall establish an organizing committee in charge of convening the Congress of Judges of Ukraine, which shall have the powers of the Council of Judges of Ukraine in respect to the convocation of the Congress. The organizing committee shall immediately publish the information on its establishment in the newspapers ‘Holos of Ukraine’ and ‘Uryadovyi Courier’, and determine the date of the Congress of Judges not later than in two months as of the date of establishment of the organizing committee.

6. An announcement of convocation of the Congress of Judges of Ukraine and agenda of the Congress shall be published in the ‘Golos of Ukraine’ and ‘Uryadovyi Courier’

Newspapers not later than thirty days prior to the Congress, and in cases of convening the Congress under part two of this Article, of an extraordinary Congress at the request of the meeting or conference of judges – fifteen days prior to the Congress.

7. If the Congress of Judges is convened for election of members of the High Council of Justice [new] or High Qualifications Commission of Judges of Ukraine, the announcement shall be published not later than forty-five days prior to the Congress.

Article 131. Election of Delegates to the Congress of Judges of Ukraine

1. The meeting of judges of every court (except local general court, high specialized court and the Supreme Court) shall elect to the Congress of Judges of Ukraine one candidate from twenty judges employed in each court. If the court has less than twenty judges, the court shall delegate one delegate.

2. Delegates to the Congress of Judges of Ukraine from judges of local general courts shall be elected by joint meetings of judges in every oblast, Autonomous Republic of Crimea, and the cities of Kyiv and Sevastopol following the principle ‘one delegate from twenty judges' of the total number of judges of local general courts in each oblast, Autonomous Republic of Crimea, and the cities of Kyiv and Sevastopol.

3. The meeting of judges of high specialized courts shall elect three delegates to the Congress of Judges of Ukraine each, from among the judges of these courts.

4. The Plenum of the Supreme Court shall elect twelve delegates to the Congress of Judges of Ukraine from among justices of the Supreme Court.

5. The delegates to the Congress of Judges of Ukraine shall be elected by secret ballot on an alternative basis with free nomination of candidates for election from among judges of relevant courts or retired judges regardless of their place of employment before retirement.

6. Judges holding administrative positions in courts, the judges that are members of the High Council of Justice [new] or the High Qualifications Council of Judges of Ukraine may not be elected as delegates to the Congress of Judges of Ukraine.

Article 132. Procedure for Holding the Congress of Judges of Ukraine

1. The Congress of Judges Ukraine shall be considered duly constituted if attended by at least two-thirds of the total number of the elected delegates.

2. The Congress of Judges Ukraine shall be opened by the Chairperson of the Council of Judges of Ukraine, and in his\her absence – by the eldest member of the Council of Judges of Ukraine.

3. The Congress of Judges Ukraine shall elect, by an open voting, the Congress Presidium with quantitative composition determined by the decision of the Congress. The Presidium shall organize the work of the Congress of Judges of Ukraine.

4. The Congress of Judges Ukraine shall discuss and approve the agenda and standing rules of the Congress, elect a counting commission, Secretariat and other working bodies of the Congress.

5. The work of the Congress of Judges of Ukraine shall be recorded in minutes.

6. The decision of the Congress of Judges of Ukraine shall be adopted by the majority vote of the elected delegates by open or secret vote. The decisions on issues referred to in paragraphs 4 – 6, 8 of part two of Article 129 of this Law shall be adopted by secret voting.

7. Other issues of the procedure for conducting the Congress of Judges of Ukraine shall be regulated by the standing rules of the Congress of Judges of Ukraine adopted by the Congress.

Article 133. The Council of Judges Ukraine

1. In between the Congresses of Judges of Ukraine, the supreme body of judicial self-governance shall be the Council of Judges of Ukraine.

2. The Council of Judges of Ukraine shall be elected by the Congress of Judges of Ukraine. The Council of Judges of Ukraine shall include:

1) eleven judges of local general courts;

2) four judges of local administrative courts;

3) four judges of local commercial courts;

4) four judges of the courts of appeal for civil, criminal cases and cases on administrative offences;

5) two judges of administrative courts of appeal;

6) two judges of the commercial courts of appeal;

7) one judge from each high specialized court;

8) four judges of the Supreme Court.

3. The proposals for nominations to the Council of Judges of Ukraine may be submitted by judges participating in the Congress of Judges of Ukraine.

4. The judges who hold administrative positions in courts or are members of the High Council of Justice [new] or the High Qualifications Commission of Judges of Ukraine shall not be elected to the Council of Judges of Ukraine. In the event of election of a member of the Council of Judges of Ukraine to the administrative position in court, his powers in the Council of Judges of Ukraine shall be terminated.

5. The members of the Council of Judges of Ukraine, at the meeting of the Council, shall elect, by a secret voting, from among its members the Chairperson of the Council of Judges of Ukraine, his deputy and secretary.

6. The Council of Judges of Ukraine, in between the Congresses of Judges of Ukraine, shall ensure the implementation of decisions of the Congress, the control over the implementation, as well as decide on convening the Congress of Judges of Ukraine.

7. The powers and order of work of the Council of Judges of Ukraine shall be defined by this Law and the regulation on the Council of Judges of Ukraine approved by the Congress of Judges of Ukraine.

8. The Council of Judges of Ukraine shall:

1) develop and provide for the implementation of measures to ensure the independence of courts and judges, improvement of the organizational support for courts operation;

2) consider the issues related to the legal protection of judges, social security of judges and their families, adopt respective decisions on these matters;

3) oversee the organization of operation of courts, hear the reports on these issues of the Chairperson of the State Judicial Administration of Ukraine, his deputies, heads of departments and territorial departments of the State Judicial Administration of Ukraine;

4) submit proposals on issues related to the operation of courts to state power bodies and local governments;

5) approve the sample certificates of judges, retired judges;

6) exercise control over the compliance with legislation on resolving the conflict of interests in the activity of the judges, the Chairperson or members of the High Qualifications Commission of Judges of Ukraine, Chairperson of the State Judicial Administration of Ukraine or his deputies; adopt decisions on resolving the actual or potential conflict of interest in the activity of the above persons (if such a conflict cannot be resolved in the manner prescribed by procedural law);

7) exercise other powers determined by this Law.

9. Decisions of the Council of Judges of Ukraine adopted within the scope of powers defined by this Law shall be published at the official web-portal of the judiciary on the next day the decisions were adopted.

Decisions of the Council of Judges of Ukraine adopted within the scope of powers defined by this Law shall be binding for all bodies of judicial self-governance except for Congress of Judges of Ukraine. The decision of the Council of Judges of Ukraine may be cancelled by the Congress of Judges of Ukraine or in court.

10. If a judge (except when the conflict of interest is governed by procedural law), the Chairperson or Deputy Chairperson of the High Qualifications Commission of Judges of Ukraine, Chairperson of the State Judicial Administration of Ukraine and his deputy has any real or potential conflict of interest, such person shall notify the Council of Judges of Ukraine of the same in writing not later than the next business day upon the emergence of such conflict of interest.

11. A government body, local self-governance body, including officials employed in such bodies and managers of companies, institutions and organizations and associations of citizens that received a letter of the Council of Judges of Ukraine related to ensuring the safety of judges, shall consider such letter within ten days upon receipt and take measures to eliminate any threats to the judges' safety.

Article 134. Support to the Operations of the Bodies of Judicial Self-Governance 1. The work of the Congress of Judges of Ukraine and joint meetings of judges of local general courts, the activity of the Council of Judges of Ukraine shall be supported by

the State Judicial Administration of Ukraine and its regional departments at the expense of the State Budget of Ukraine according to the requirements set forth in Section XI of this Law.

Section IX