Ukraine’s Constitution of 1996 with Amendments through 2016

Judicial Independence

Article 129. While administering justice, a judge is independent and governed by the rule of law. The main principles of justice are: 1. Equality of all participants in a trial before the law and the court; 2. Ensuring the guilt to be proved; 3. Adversarial procedure and freedom of the parties to present their evidence to the court and to prove the weight of evidence before the court; 4. Exercising public prosecution by the prosecutor in court; 5. ensuring to an accused the right to defence; 6. Openness of a trial and its complete recording by technical means; 7. Reasonable time of case consideration by a court; 8. ensuring the right to appeal and, in cases prescribed by law, the right to cassation of court decision; 9. the legally binding nature of a court decision. Other principles of justice can be determined by law. Justice is administered by a single judge, by a panel of judges, or by jurors. Persons found guilty of contempt of court or against a judge shall be held legally liable”.

Judicial Council or Parallel Institution

Article 128. Judge is appointed to office by the President of Ukraine on submission of the High Council of Justice according to the procedure prescribed by law. Judge is appointed on competition basis, except the cases provided for in the law. The Chairperson of the Supreme Court is elected to office and dismissed at the Plenary Sitting of the Supreme Court by secret ballot, according to the procedure prescribed by law.

Attorney General’s Office

Article 131-1. In Ukraine, public prosecutor’s office functions which exercises: 1. public prosecution in the court; 2. organisation and procedural leadership during pre-trial investigation, decision of other matters in criminal proceeding in accordance with the law, supervision of undercover and other investigative and search activities of law enforcement agencies; 3. representation of interests of the State in the court in exceptional cases and under procedure prescribed by law. Organisation and functioning of the public prosecutor’s office is determined by law. Public prosecutor’s office in Ukraine is headed by the Prosecutor General who is appointed to office and dismissed by the President of Ukraine on the consent of the Verkhovna Rada of Ukraine. […]