Structure of the Сourt, the main tasks, mission and functions


The structure of the Kyiv Court of Appeal consists of two main parts:  the judiciary that is formed by the professional judges and the court office, which provides organizational support for the administration of justice.

It should be distinguished the President of the Kyiv Court of Appeal and his two deputies, two Secretaries of the respective judicial chamber among the judicial corps (judiciary).

The organizational support of the court shall be ensured by its office headed by the Chief of Staff.

The regulations on the court office shall be developed based on the standard regulation on the court office and approved by the meeting of judges of a respective court. The standard regulation on the court office shall be approved by the State Judicial Administration of Ukraine in agreement with the Supreme Council of Justice.

The structure and staffing level of court staff in consultation with the President of the Court shall be approved by the State Judicial Administration of Ukraine within the funding quotas envisaged in the State Budget of Ukraine for maintenance of courts.

The staff of the Kyiv Court of Appeal includes the heads of the departments, deputies of heads of the departments, heads of the divisions, leading consultants, senior clerks of the court, chief and leading specialists, secretaries of judicial session, registrars and positions classified as the positions of the patronage services, that is press secretary, assistants of the President of the Court, assistants of the deputies President of the Court and assistants of judges.

The court office of the Kyiv Court of Appeal consists of 14 departments and 1 division, which carry out the functions on the basis of provisions, approved by the Chief of Staff of the Kyiv Court of Appeal. There are: Department for provision of automated document flow and monitoring the execution of documents; Department of the support to the President of the Court, his deputies and the court leadership; Personnel department and human resource management; Department for planning and financial activity, accounting and reporting; Department providing support to the judicial chamber on criminal cases; Department providing support to the judicial chamber on civil cases; The first department; Department providing support to the consideration of applications and information provision; Department for judicial statistics, generalization of judicial practice and systematization of legislation; Department of contractual and legal work, resources and property management and control over its application; Department providing access to judicial decisions, its enforcement and the archival office work; Department of judicial registrars; Department for international and legal cooperation and interaction with Mass Media; Department for automated system administrating, information security, information and telecommunications technology; Division for court cases registration.

The chief of the court staff shall appoint and dismiss the court office staff, and apply incentives and disciplinary penalties. The selection of the court office staff shall be performed on a competitive basis.

Every judge shall have an assistant, whose status and conditions of work shall be determined by the Law of Ukraine «On the judicial system and status of judges» and the Regulation on the assistants of judges approved by the Council of Judges of Ukraine. Judges shall independently conduct the selection of assistants. The assistant of judge shall be appointed and dismissed by the chief of staff of the respective court based on the proposal of the judge. The assistants of judges involved in preparation of cases for the review shall be accountable to the respective judge only.

The main tasks, mission and functions which the Сourt has to accomplish.

According to Article 6 of the Constitution of Ukraine the State power in Ukraine shall be exercised with the consideration of its division into legislative, executive, and judicial branches. Legislative, executive and judicial bodies shall exercise their authority within the limits determined by this Constitution and in accordance with the laws of Ukraine. And pursuant to the Article 55 of the Constitution of Ukraine human and citizen rights and freedoms shall be protected by court. Everyone shall be guaranteed the right to challenge in court the decisions, actions, or inactivity of State power, local self-government bodies, officials and officers.

According to the article 2 of the Law of Ukraine «On the judicial system and the status of judges» a court shall grant any person the right to a fair trial and respect for other rights and freedoms guaranteed by the Constitution and laws of Ukraine and international treaties ratified by the Verkhovna Rada of Ukraine.

Thus, The Law of Ukraine «On the Judicial System and the Status of Judges» establishes the mission of any court what is to provide any person with the right to a fair trial and respect for other rights and freedoms.

Considering that, according to paragraph 8 part 2 of the Article 129 of the Constitution of Ukraine one of the main principles of justice is to ensure appeal and cassation against a court decision, the mission of the court of appeal should be highlighted in general and the Kyiv Court of Appeal in particular.

Therefore, the main mission of the Kyiv Court of Appeal is provision of appeal the decision of the district court of Kyiv. The mission of the court is implemented in the tasks assigned to the court.

The main objectives of the Kyiv Court of Appeal is consideration of the appeal of civil and criminal cases, and also cases of administrative offenses, according to the results of consideration of such cases by the districts courts of Kyiv.

According to the Article 27 of the Law of Ukraine «On the Judicial System and the Status of Judges» the Kyiv Court of Appeal shall:

1) administer justice in the manner stipulated by the procedural law; 

2) 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; 

3) provide methodological assistance to local courts in applying the legislation; 

4) exercise other powers as stipulated by law.