Review

In their expert opinion (Kyiv National University – Taras Shevchenko, 2017), the authors analyze three complex issues of Ukrainian law at the request of attorney Y. M. Bilyavsky:

Judicial Specialization (2010–2014): External vs. internal specialization; the procedure and bodies responsible (court president and court plenary sessions); and the role of the automated case-management system in assigning judges to cases. The legislation delegated all criteria and limits to court sessions, which could empower the court president to issue related orders.

Judicial Specialization (2010–2014): External vs. internal specialization; the procedure and bodies responsible (court president and court plenary sessions); and the role of the automated case-management system in assigning judges to cases. The legislation delegated all criteria and limits to court sessions, which could empower the court president to issue related orders.

Offense under Art. 376¹ CC Ukraine: The crime’s subject includes both the data and the automated system itself; the objective side covers alternative acts (false or late data entry, unauthorized access, etc.); subjects include authorized users (judges, court staff, technical administrators) and outsiders; the mental element is direct intent.

Offense under Art. 376¹ CC Ukraine: The crime’s subject includes both the data and the automated system itself; the objective side covers alternative acts (false or late data entry, unauthorized access, etc.); subjects include authorized users (judges, court staff, technical administrators) and outsiders; the mental element is direct intent.

Notification of Suspicion for Professional Judges: Only the Prosecutor General or their deputy may draft and serve a written notice of suspicion on a professional judge (Art. 481 CPC), and this cannot be delegated to investigators or other officials. Violating this procedure precludes the person from acquiring “suspect” status.

Notification of Suspicion for Professional Judges: Only the Prosecutor General or their deputy may draft and serve a written notice of suspicion on a professional judge (Art. 481 CPC), and this cannot be delegated to investigators or other officials. Violating this procedure precludes the person from acquiring “suspect” status.

Combining doctrinal analysis, interpretation of Конституція України, judicial-organization laws, the CPC and CC, and application practice, this opinion is intended for lawyers, investigators, prosecutors, and judges.