Publication date: 26.06.2024
Judicial system of Ukraine: structure and powers
The judicial system of Ukraine is one of the main branches of state power that protects the rights and freedoms of citizens, administers justice and maintains the rule of law in society. It includes different levels of courts, each with its own powers and functions. In this article, we will look at the structure of the Ukrainian judicial system, its main elements and the powers of each of them.
Structure of the Ukrainian judicial system
Ukraine's judicial system consists of three main levels:
- Courts of first instance
- Courts of appeal
- The Supreme Court
Courts of first instance
Courts of first instance are the backbone of the Ukrainian judicial system. They include local general courts, local commercial courts and local administrative courts. Local general courts hear criminal, civil, administrative and administrative offence cases.
Local courts of general jurisdiction are the main link that provides citizens with access to justice at the local level. They consider the vast majority of cases, including disputes between individuals, between individuals and legal entities, and cases of administrative offences.
Local commercial courts specialise in economic disputes between businesses, organisations and other business entities. They play a key role in ensuring the stability of economic relations and protecting the rights of participants in economic relations.
Local administrative courts consider disputes between citizens and state authorities, local self-government bodies, their officials and officers regarding appeals against their decisions, actions or inaction.
Courts of appeal
Courts of appeal are the second tier of the Ukrainian judicial system. They review decisions of first instance courts that have not entered into force upon appeal by the parties. The appellate courts are divided into general courts of appeal, commercial courts of appeal and administrative courts of appeal.
General courts of appeal consider appeals against decisions of local general courts. They can amend, cancel or uphold the decisions of the first instance courts, as well as make new decisions.
Commercial courts of appeal hear appeals against decisions of local commercial courts. Their task is to ensure the correct and uniform application of commercial law.
Administrative courts of appeal hear appeals against decisions of local administrative courts. They ensure the protection of the rights of individuals and legal entities in disputes with state and local authorities.
Supreme Court
The Supreme Court is the highest court in Ukraine. It administers justice as a court of cassation and reviews decisions of lower courts in cassation. The Supreme Court is divided into the Civil Court of Cassation, the Criminal Court of Cassation, the Commercial Court of Cassation and the Administrative Court of Cassation.
The Civil Court of Cassation reviews decisions in civil cases issued by appellate and local courts, ensuring the correct application of civil law.
The Criminal Court of Cassation reviews decisions in criminal cases made by lower courts, ensuring the protection of the rights and freedoms of citizens in criminal proceedings.
The Commercial Court of Cassation reviews decisions in commercial cases, ensuring the stability and predictability of economic relations.
The Administrative Court of Cassation reviews decisions in administrative cases, helping to protect the rights of individuals and legal entities in their relations with state authorities.
Powers of the courts
Each level of the Ukrainian judicial system has its own specific powers, which are defined by the Constitution and laws of Ukraine.
Powers of courts of first instance
Courts of first instance are empowered to consider cases on the merits and issue decisions that may be appealed. They administer justice in the form of hearing cases based on claims, complaints and submissions submitted to the court.
Powers of courts of appeal
Appellate courts have the power to review decisions of first instance courts on appeal. They may amend, reverse or uphold the decisions of the first instance courts and make new decisions if necessary.
Powers of the Supreme Court
The Supreme Court is empowered to conduct cassation review of lower court decisions. It may overturn, amend or uphold decisions of the courts of appeal and adopt new decisions in cases provided for by law. The Supreme Court ensures the unity of judicial practice and the correct application of the law by courts at all levels.
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Conclusion
Ukraine's judicial system consists of three main tiers: courts of first instance, courts of appeal and the Supreme Court. Each of these tiers has its own specific powers and functions to ensure effective and fair justice. Legal advice, legal analysis of the situation and online services of lawyers are becoming an integral part of modern legal practice, providing citizens and businesses with access to qualified legal assistance. A comprehensive approach to legal analysis allows for the most efficient resolution of legal issues, taking into account all possible aspects and risks.
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