Law of Ukraine “On the Judiciary and the Status of Judges”: What It Means in Simple Terms

The Law of Ukraine “On the Judiciary and the Status of Judges” is the main law that explains how the court system in Ukraine is organized, who can be a judge, the guarantees of judicial independence, how judges are selected, and the principles by which the judiciary operates.

This refers to the Law of Ukraine dated June 2, 2016, No. 1402-VIII. As of September 25, 2026, the document is in force, and its current version on the official portal of the Verkhovna Rada of Ukraine is dated June 25, 2026. The current text of the Law of Ukraine “On the Judiciary and the Status of Judges” should be checked in the official legal database.

What the Law on Judiciary and the Status of Judges Regulates

In short, the law defines not the procedure for resolving a specific civil, criminal, or administrative dispute, but the very structure of the judicial system.

The law regulates:

• principles of judicial power and independence of courts;
• the system of local, appellate, and other courts;
• status and powers of the Supreme Court;
• requirements for candidates for the position of judge;
• the procedure for selection and appointment of judges;
• rights, duties, guarantees of independence, and responsibility of judges;
• the work of the High Qualification Commission of Judges of Ukraine;
• judicial self-government;
• organizational and financial support of courts;
• participation of jurors in the administration of justice.

Therefore, searches such as “Law of Ukraine on the judiciary,” “Law of Ukraine on the judiciary and status of judges,” and “Law of Ukraine on the judiciary and status of judges” actually refer to one basic normative act – Law No. 1402-VIII.

How the Judicial System of Ukraine Is Structured

Article 17 of the law defines the main levels of the judiciary system. It includes local courts, appellate courts, and the Supreme Court. For certain categories of cases, the law also provides for higher specialized courts.

Simply put, a typical case may pass through several levels.

1. The local court hears the case as the court of first instance.
2. The appellate court reviews the decision of the first instance court if a party files an appeal.
3. The Supreme Court conducts cassation review in cases provided by procedural law.

The Constitution of Ukraine also explicitly establishes that the Supreme Court is the highest court in the judiciary system, which itself is built on the principles of territoriality and specialization. This can be verified in the Section VIII of the Constitution of Ukraine.

What Cases Local Courts Consider

The local court primarily acts as the first instance. Local general courts handle civil and criminal cases, cases on administrative offenses, and administrative cases specified by law. Economic courts handle disputes within the sphere of economic legal relations, while administrative courts deal with public-law disputes.

Specific jurisdiction issues are determined by the relevant procedural codes. The law on the judiciary provides a general framework.

What Human Rights the Law Guarantees

The Law of Ukraine on the Judiciary and the Status of Judges is important not only for judges. The first articles explicitly define the main guarantees for a person who turns to the court.

Among them are:

• the right to a fair trial by an independent and impartial court;
• equality of participants before the law and court;
• the right to professional legal assistance;
• openness of court hearings, except for cases established by law;
• the right to receive information about one’s own case;
• the right to appeal and, in cases prescribed by law, cassation;
• the binding nature of court decisions that have entered into legal force.

A court decision that has entered into legal force is binding on authorities, officials, individuals, and legal entities throughout Ukraine. Non-compliance with the decision entails legal responsibility under the law.

Are Court Hearings Open to the Public

The general rule is yes. Article 11 provides for openness of court hearings, court decisions, and information about cases, except in cases explicitly established by law. Other people may be present at open hearings.

Those present may also use portable means for photo, video, and audio recording without a separate court permit, provided it does not violate legal restrictions and does not interfere with the hearing. Separate rules apply for live streaming of hearings.

You can check the date of a hearing, the court, the stage of consideration, and other open information through the official portal “Judicial Power of Ukraine”. The portal includes services such as “Status of Cases,” lists of scheduled cases, online broadcasts, and other tools.

What Judicial Independence Means

Judicial independence means that no one can legally instruct a judge on what decision to make in a particular case. Courts administer justice based on the Constitution, laws of Ukraine, and the rule of law principle. Illegal influence on courts or judges is prohibited.

The law establishes specific guarantees for this:

• a special procedure for the appointment and dismissal of judges;
• a prohibition on interference in the administration of justice;
• irremovability of judges within the limits set by law;
• secrecy of court decision-making;
• separate funding of the judicial system;
• legal and social protection of judges;
• liability for disrespect to the court or illegal influence on a judge.

At the same time, independence does not exempt a judge from responsibility. The law defines the duties of a judge, rules of professional ethics, and grounds for disciplinary liability.

Who Can Become a Judge

Article 69 sets the basic requirements for a candidate. A citizen of Ukraine aged 30 to 65 with a higher legal education and at least five years of professional experience in the field of law, who is competent, virtuous, and has the required level of state language proficiency, can apply for the position of judge.

Selection is not limited to submitting an application.

1. The High Qualification Commission of Judges of Ukraine announces the selection.
2. The candidate submits the required documents.
3. The Commission checks the candidate’s compliance with the requirements.
4. The candidate takes the qualification exam.
5. A special background check is conducted.
6. Personal moral and psychological qualities are verified under conditions defined by law.
7. A candidate rating is formed.
8. Candidates are included in the reserve for vacant positions.

The law separately regulates competitive procedures, recommendations of the HJQC, participation of the High Council of Justice, and appointment of judges by the President of Ukraine upon submission by the High Council of Justice.

How This Law Differs from Procedural Codes

The law on the judiciary primarily answers the question “how the judicial system is structured and operates.”

The Civil Procedure Code, Criminal Procedure Code, Economic Procedure Code, and Administrative Procedure Code answer a different question — “under what rules the court considers a specific case.”

For example, deadlines for filing an appeal, the procedure for submitting evidence, requirements for a statement of claim, or the specifics of calling witnesses should be checked in the respective procedural code.

Frequently Asked Questions About the Law of Ukraine “On the Judiciary and the Status of Judges”