The relevant clarification was promulgated by the High Council of Justice, reports “ Law and Business “.
According to the first part of Article 116 of the Law “On Judicial System and Status of Judges”, the judge, the length of service of which is at least twenty years, as determined in accordance with Article 137 of the Law, shall have the right to submit a resignation.
Article 137 regulates that the length of service as a judge shall include the service in the position of work experience in the position of:
1) judge of the courts of Ukraine, the arbitrator (judge) of the arbitration courts of Ukraine, the
State arbitrator of the former State Arbitration of Ukraine, the arbitrator of departmental
Arbitrations of Ukraine, judge of the Constitutional Court of Ukraine;
2) member of the High Council of Justice, the Supreme Council of Justice, the High Qualifications Commission of Judges of Ukraine;
3) judge in courts and the arbitrators in the state and departmental arbitrations of the former
USSR and its republics.
The judge also has the right at any time of his tenure regardless of motives to apply for dismissal from office at his own request.
The application for resignation or dismissal from the position of his own will be submitted by the judge of the High Council of Justice:
– sample of judge’s application in case of resignation;
– sample of judge’s application in case of voluntary dismissal.
With a view to promptly processing and reviewing the applications of the judges for resignation or at their own volition, the HCJ recommends that the following documents should be provided:
– a copy of the passport of a citizen of Ukraine;
– a copy of the work book;
– copies of acts on the appointment, election and judge’s transfer to the post.
In addition to the application for resignation, it is advisable to add a biographical note of the judge ( sample ), a copy of the diploma of higher education, a copy of the track record (if available), a copy of the military ticket (if available).
Copies of documents should be certified by the signature of the officer of the personnel department or the head of the court administration and sealed by the court stamp. Copies of documents consisting of several pages are stitched and numbered.