Scientific Advisory Council

Pursuant to Article 47 of the Law of Ukraine «On the Judiciary and the Status of Judges» the Scientific Advisory Council shall be established under the Supreme Court from among highly qualified professionals in the area of law for the purpose of preparation of scientific conclusions on matters of functioning of the Supreme Court requiring scientific support.

The procedure for organization and functioning of the Scientific Advisory Council shall be determined by the Regulation approved by the Plenum of the Supreme Court. 

REGULATION    

on the Scientific Advisory Council
 at the Supreme Court

1. General Principles of the Organization and Activities of the Scientific Advisory Council

1.1. This Regulation defines the procedure for the organization and activities of the Scientific Advisory Council at the Supreme Court (hereinafter referred to as the Scientific Advisory Council).

1.2. The Scientific Advisory Council is an advisory body established at the Supreme Court in accordance with Article 47 of the Law of Ukraine “On the Judiciary and the Status of Judges” for the preparation of scientific opinions on issues related to the activities of the Supreme Court that require academic support.

1.3. The Scientific Advisory Council operates on the basis of the Law of Ukraine “On the Judiciary and the Status of Judges”, in accordance with the Rules of Procedure of the Plenum of the Supreme Court and this Regulation.   

2. Procedure for Organization, Composition, and Structure of the Scientific Advisory Council

2.1. The Scientific Advisory Council is formed from among highly qualified legal professionals who have agreed to participate in its work and who hold an academic degree of Doctor of Juridical Sciences (LL.D.) or Candidate of Juridical Sciences (Doctor of Philosophy, PhD in Law), or academic degrees in other fields of knowledge.

2.2. Scholars and practitioners, as well as specialists in various fields of knowledge who are not members of the Scientific Advisory Council, may be invited to participate in its meetings.

2.3. A person wishing to be included in the composition of the Scientific Advisory Council and to participate in its work shall submit to the Grand Chamber or the relevant Cassation Court, according to the area of professional specialization, a curriculum vitae, a list of academic publications, and copies of documents confirming the award of an academic degree and the conferral of an academic title.

Proposals regarding the personal composition of the Scientific Advisory Council may be submitted by judges of the Supreme Court, heads of higher educational institutions, and research institutions, subject to the consent of the candidate for membership in the Scientific Advisory Council.

2.4. Candidates for membership in the Scientific Advisory Council are considered at meetings of the Grand Chamber or the relevant cassation court. On the basis of the decision of such meetings, the composition of the Scientific Advisory Council is preliminarily formed and subsequently approved at a session of the Plenum of the Supreme Court.

2.5. The Scientific Advisory Council shall exercise its powers until it is re-elected.

2.6. The powers of a member of the Scientific Advisory Council shall terminate in the event of:

1) expiration of the term for which the member was elected;

2) resignation upon the member’s personal application;

3) entry into legal force of a guilty verdict against the member;

4) the member’s death.

The powers of a member of the Scientific Advisory Council may be terminated by a decision of the Plenum of the Supreme Court in the event of approval of a new composition of the Scientific Advisory Council.

The powers of a member of the Scientific Advisory Council may also be terminated by a decision of the Plenum of the Supreme Court in the event of systematic failure to perform duties.

2.7. The Scientific Advisory Council consists of a Scientific Secretary and members of the Scientific Advisory Council. The Scientific Secretary is elected from among the judges of the Grand Chamber of the Supreme Court.

2.8.  The Scientific Secretary of the Scientific Advisory Council manages its activities in accordance with this Regulation; prepares for and presides over meetings of the Scientific Advisory Council; determines the range of issues to be considered at meetings of the Scientific Advisory Council; develops work plans and organizes their implementation; convenes meetings; jointly with the staff of the Supreme Court ensures the preparation of materials for meetings of the Scientific Advisory Council and its working groups; determines the procedure for the development and implementation of recommendations of the Scientific Advisory Council and its working groups; and organizes the maintenance of documentation of the Scientific Advisory Council.

2.9. Where necessary, the Scientific Advisory Council may establish working groups, including with the involvement of specialists who are not members of the Scientific Advisory Council, to study and discuss specific issues of judicial practice and the organization of court activities, and to prepare draft relevant documents.

3. Powers of the Scientific Advisory Council

3.1. The Scientific Advisory Council examines problematic issues related to the application of legal provisions that arise in judicial practice and provides the Supreme Court with opinions and recommendations.

3.2. The powers of the Scientific Advisory Council include:

• preparation of scientific opinions on the interpretation and application of legal provisions;
• participation in the preparation of draft summaries of court practice concerning the application of substantive and procedural law by courts, with a view to ensuring uniform application thereof in the consideration of cases;
• preliminary review of draft resolutions of the Plenum of the Supreme Court providing recommendatory explanations on issues of application of the legislation of Ukraine by courts in the consideration of cases;
• preliminary review of draft opinions of the Plenum of the Supreme Court on draft legislative acts relating to the judicial system, judicial proceedings, the status of judges, enforcement of court decisions, and other issues connected with the functioning of the judicial system of Ukraine;
• preliminary review of draft constitutional petitions of the Supreme Court to the Constitutional Court of Ukraine regarding the constitutionality of laws and other legal acts, as well as regarding the official interpretation of the Constitution of Ukraine;
• preliminary review of other matters related to the activities of the Supreme Court, the preparation of which requires academic support;
• participation in the coordination of legal research and in the formation of the state order for scientific research in the field of law;
• facilitation of the publication of the official printed journal of the Supreme Court and its other publications (including electronic ones).

 3.3. Members of the Scientific Advisory Council:

• participate in meetings of the Scientific Advisory Council;
• take part in discussions of problematic issues of judicial activity;
• prepare scientific opinions on the application of legal provisions.

3.4. A member of the Scientific Advisory Council may not provide an opinion in a case in which he or she participates or has participated.

3.5. A member of the Scientific Advisory Council is obliged not to disclose information obtained in connection with the exercise of the powers of a member of the Scientific Advisory Council.

3.6. Members of the Scientific Advisory Council perform their duties on a pro bono basis.

The members of the Scientific Advisory Council may be rewarded by the President of the Supreme Court in accordance with the established procedure for the faithful performance of their duties.  

4. Procedure for the Activities of the Scientific Advisory Council

 4.1. The work of the Scientific Advisory Council is carried out in accordance with the annual plans of the Supreme Court.

4.2. The principal forms of activity of the Scientific Advisory Council are its meetings and the meetings of its working groups.

4.3. Meetings of the Scientific Advisory Council are convened as necessary, but at least once a year; meetings of working groups are convened as necessary.

The agenda and materials to be discussed are sent to members of the Scientific Advisory Council in advance of a meeting of the Scientific Advisory Council or a working group.

Judges, academics and practitioners, as well as experts in various fields of knowledge who are not members of the Scientific Advisory Council, may be invited to participate in meetings of the Scientific Advisory Council and its working groups.

4.4. Proceedings of the meetings of the Scientific Advisory Council and working group meetings are recorded in minutes, and video (audio) recording may be carried out.

The minutes of a meeting of the Scientific Advisory Council are signed by the Scientific Secretary of the Scientific Advisory Council, and the minutes of a meeting of a working group are signed by the chairperson of the respective meeting.

Participation in a meeting of the Scientific Advisory Council (working group) may take place by videoconference.

4.5. The Scientific Secretary of the Scientific Advisory Council informs the Plenum of the Supreme Court about the activities of the Scientific Advisory Council.

4.6. The activities of the Scientific Advisory Council are ensured by the Supreme Court at the expense of the state budget.

4.7. The work of the Scientific Advisory Council is covered in the official printed journal of the Supreme Court, on the official web portal of the judiciary of Ukraine, and in other mass media.

4.8. The opinions of the Scientific Advisory Council and the opinions of its members may be published on the official web portal of the judiciary of Ukraine.