Competence, normative and legal principles of activity. The jurisdiction of the court


According to the Article 125 of the Constitution of Ukraine the judicial system in Ukraine shall be formed in accordance with the territorial principle and the principle of specialization and shall be determined by law.

The Kyiv Court of Appeal operates on the basis of the Constitution of Ukraine, Law of Ukraine of June 02, 2010 No. 1402 – VIII «On Judicial System and Status of Judges»Civil Procedure Code of Ukraine and Criminal Procedure Code of Ukraine and other legal acts.

This Сourt is court of appeal, and in cases prescribed by the procedural law as a court of first instance.

The President of the Court, their Vice-Presidents and judges are included in its composition.

An appellate court may establish judicial chambers for consideration of different categories of cases. A judicial chamber shall be headed by the secretary of the judicial chamber, elected from among the judges of that court for a three year term.

The following powers of the Kyiv Court of Appeal are provided by the Law of Ukraine «On Court System and Status of Judges»:

  • to administer justice in the manner stipulated by the procedural law;
  • to analyze judicial statistics, study and generalize the judicial practice, and notify relevant local courts, the Supreme Court of Ukraine of the results of court practice generalization;
  • to provide methodological assistance to local courts in applying the legislation;
  • to exercise other powers as stipulated by law.

Powers of the court of appeal after an appellate complaints in criminal proceedings are provided by the article 407 of the Criminal Procedure Code of Ukraine:

1. Upon results of appeals trial on a complaint against judgment or ruling of a court of first instance, the court of appellate instance may:

1) uphold the judgment or ruling challenged;

2) change the judgment or ruling;

3) set aside the judgment in full or in part and pass a new judgment;

4) set aside the ruling in full or in part and pass a new ruling;

5) set aside the judgment or ruling and close criminal proceedings;

6) set aside the judgment or ruling and assign a new trial in the court of first instance.

2. Based on results of appeals trial on a complaint against judgment of court on grounds of an agreement, the court of appellate instance, in addition to decisions specified in subparagraphs 1 – 5 of paragraph one of this Article, may set aside the judgment and forward the criminal proceedings:

1) to the court of first instance for the conduct of court proceedings in general procedure, if  the agreement was concluded in the course of court proceedings;

2) to the agency of pre-trial investigation for the conduct of pre-trial investigation in general procedure, if the agreement was concluded in the course of pre-trial investigation.

3. Based on results of appeals trial on a complaint against a ruling of investigating judge, the court of appellate instance may:

1) uphold the ruling;

2) set aside the ruling and pass a new ruling.

Powers of the court of appeal during consideration of civil cases is provided by the article 307 of Civil Procedure Code of Ukraine:

1. According to the results on appeal the decision of the court of the first instance the appellate court has the right:

1) to decide on dismissing an appeal and leaving the decision unchanged.

2) to set aside the decision of the court of the first instance and make a new decision on substantive claim;

3) to change the decision;

4) to decide on setting aside the decision of the court of the first instance and closing proceedings or abandoning of the application without consideration.

2. By the result of the complaint investigation of the court of the first instance the appellate court has the right:

1) to decide on dismissing an appeal and leaving the decision unchanged;

2) to set aside the decision or make a new decision;

3) to change the decision;

4) to set aside the decision and expedite the case for the new proceedings to the court of the first instance.

3. According to the results on appeal the court order the appellate court has the right:

1)  to decide on dismissing an appeal and leaving the court order  unchanged;

2) to cancel the court order and explain that requirements stated by a plaintiff can be considered in action proceedings in compliance with the general rules on filing a claim;

3)  to change the court order.

The appellate court’s ruling of dismissing the appeal and leaving the court order  unchanged shall be final and without appeal.

The judicial chamber on criminal cases and the judicial chamber on civil cases operate in the Kyiv Court of Appeal

A judicial chamber shall be headed by the secretary of the judicial chamber, elected from among the judges of that court for a three-year term. The decision on establishment of a judicial chamber, its personal composition and on election of the secretary of the judicial chamber shall be taken by the meetings of judges of the appellate court upon the proposal by the president of the court. Secretary of the judicial chamber organizes the work of the respective chamber, controls analysis and summarizing of the court practices on matters within the competence of the chamber, and informs the meetings of judges of the appellate court on the activities of the chamber.

The appellate court is headed by the president of the court. The president of the court has the following authorities:

  • to represent the court as a body of state power in relations with other bodies of state power, bodies of local self-government, private individuals and legal entities;
  • to determine the administrative powers of vice-presidents of the appellate court;
  • to monitor the efficiency of the court staff, approve the appointment of the head of the court staff, deputy head of the court staff, and submit a proposal on incentives or disciplinary measure for the head of the court staff and their deputy in accordance with the legislation;
  • to issue a respective order based on act on the appointing of a judge, transfer of a judge or dismissal of judge from the office and due to the termination of powers of a judge;
  • to notify the High Qualifications Commission of Judges of Ukraine and the State Judicial Administration of Ukraine, including through the website of the judicial authorities, about any vacant positions of judges in the appellate court within three days upon the date of opening of any such vacant positions;
  • to ensure the implementation of decisions taken by meetings of judges of the appellate court;
  • to organize the maintaining and analyses of judicial statistics, organize examination and summarizing of judicial practices, information and analytical support for judges to improve the quality of court proceedings;
  • to facilitate fulfillment of the requirements regarding maintenance of the qualification level of judges of the appellate court and improvement of their professional knowledge;
  • to exercise the powers of an investigating judge and appoint, from among the judges of the appellate court, judges (judge) to exercise such powers in cases stipulated by the procedural law;
  • to exercise other powers envisaged by law.

The president of the appellate court shall issue orders and instructions on matters within their administrative authority.

In the absence of president of the appellate court, his/her administrative powers shall be exercised by one of vice-president of the court by decision of the president of the court, and in the absence of such decision – by the vice-president who has more experience as a judge, and in the absence of the vice-president – a judge of the court with the longest experience as a judge.

A judge of an appellate court shall be a person who meets the requirements to judicial candidates, confirmed his/her capability to render justice in the appellate court based on results of qualifications evaluation and meets one of the following conditions:

  • has at least five years of experience as a judge;
  • has an academic degree in the field of law and at least seven years of scientific work experience in the field of law;
  • has at least seven years of professional experience as an attorney representing clients in court and/ or conducting defense against criminal charges;
  • has cumulatively at least seven years of general work experience (professional activity) according to the requirements set forth in paragraphs 1-3 of this part.

A judge of an appellate court shall administer justice in the manner stipulated by the law, as well as other powers envisaged by law.

The organizational support of the Kyiv Court of Appeal operation is ensured by its court staff headed by the Head of Staff.

The court office of the Kyiv Court of Appeal is guided by the Constitution of Ukraine, the Laws of Ukraine «On the Judicial System and the Status of Judges» and «On Civil Service», other normative legal acts of Ukraine, the Regulation on the staff of the Kyiv Court of Appeal, decisions of the meetings of judges, and also orders and instructions of the President of the Court, orders of the Head of Staff.

The jurisdiction of the court

The jurisdiction shall be defined by the division of competence of the various links of the court system and courts of one instance in consideration and resolution of their cases.

The determination of competency of various court systems shall be performed depending on their functions, subject of the case, subjects of the dispute to be considered and the space (the territory) under the jurisdiction of the respective court.

Thus, the chapter I and section ІІІ of the Civil Procedural Code of Ukraine defines the rules of the jurisdiction of civil cases (http://zakon2.rada.gov.ua/laws/show/1618-15/page3), the chapter III and section І of the Criminal Procedure Code of Ukraine defines the rules of the jurisdiction of criminal proceedings (http://zakon2.rada.gov.ua/laws/show/4651-17).