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13 May 2016

Supreme Court of Ukraine decision was determined by the period by which it is possible to bring to justice the judge



Supreme Court of Ukraine decision was determined by the period by which it is possible to bring to justice the judge

He is considered the foundation of any disciplinary procedures, - I. Benedisyuk, chairman Higher Advice of Justice. In April, it examined the case on the claim of the judge Shevchenko district court of Kyiv D. Kravets. The case was devoted to the recognition of illegal and annul the verdict of the Supreme Council of Justice. Though the media immediately could be seen reviews of this verdict, we have to wait for a response Supreme Court of Ukraine, which specifies the period within which it is possible to bring to justice the judge, and to ask the chairman of the Supreme Council of Justice I. Benedisyuka whether this decision will be the fact, which will be determined by the periods during which the judges can be held to account:

"The verdict of the Supreme Court of Ukraine of April 12, (SG). Administrative proceedings on the claim the judge Kravets D.I, which stated that in order to recognize the illegal and annul the verdict of the HCJ, who decided the statute of limitations, according to which judges are subjected to liability may be considered fact all the other disciplinary procedures, with regards to the judges. According to the documents in the case has been made an incorrect conclusion, with regards to the fact that the period within which it is possible to bring to justice the claimant went through. On this basis the Supreme Court of Ukraine and the Supreme Council decided that the limitation period should be three years.

However, the court had noted that before the application of the limitation period the Supreme Court of Ukraine if necessary to determine the base has to involve the judge to answer, because this decision may only be used in cases where there is evidence to the statute of limitations.
Also, we are against the explanation of the Supreme Administrative Court of Ukraine Act, which says about the cross-checking of the Supreme Council of Justice verdict. Our view is that such issues should be resolved in court. " In Supreme Court of Ukraine already have options for amendments to the law, which takes into account that the appeal of the Supreme Council of Justice verdict provided only on matters of procedure. For example, if the Council had made a decision, which is higher than his authority, or in violation of the rules, or without the right of a citizen alert.

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