International courts

The International Criminal Court was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression.

The Court can generally exercise jurisdiction only in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. The Court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes is therefore reserved to individual states. The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere.

The International Court of Justice established by the Charter of the United Nations is principal judicial organ of the United Nations. The Court functions in accordance with the provisions of the Statute which is a part of the United Nations Charter and every member state of the United Nations therefore has automatic access to the Court. Every member is pledged to comply with the decisions of the Court in a case to which it is a party. A state which is not a member of the United Nations can refer cases to the Court on conditions determined in each case by the General Assembly upon the recommendation of the Security Council.

The jurisdiction of the Court covers all cases which the parties may refer to it, and all matters specially provided for in the Charter or in treaties and conventions in force. The Court consists of 15 judges elected by the Security Council and the General Assembly, each organ voting independently. The judges are elected on the basis of qualifications, not on the basis of their nationality. It should be said, however, that the principal legal systems of the world are represented in the Court. No two judges can be nationals of the same state.

The European Court of Human Rights was established by the European Convention for the Protection of Human rights and Fundamental Freedoms and was set up in Strasbourg in 1959. The Convention was inspired by the United Nations Universal Declaration of Human Rights and protects many essential rights such as the right to life, freedom from torture and slavery, freedom of thought, conscience and religion the right to marry and found a family, freedom of peaceable assembly and association, and the right to a fair trial.

The European Court of Human Rights is composed of twenty-one judges, one for each member state. Occasionally all judges sit on a case, but usually cases are heard by a panel of no more than seven. The hearings are oral, and the court has funds available to provide legal aid for individual complainants to be legally represented. Only states which are parties to the Convention have the rights to bring a case before the Court.

JUSTICE IN UKRAINE

In Ukraine justice is administered only by the courts. The court system of Ukraine is represented by the Constitutional Court and courts of general jurisdiction.

The Constitutional Court of Ukraine is the only body of constitutional jurisdiction in Ukraine. The organization and manner of functioning of the Constitutional Court of Ukraine are defined by the Constitution of Ukraine and by the Law on the Constitutional Court of Ukraine. The Constitutional Court of Ukraine consists of 18 judges, that are appointed in the equal number by the President, theVerhovna Rada of Ukraine, and by the congress of judges (six judges from each body).

The system of courts of general jurisdiction is formed in accordance with the territorial principle and the principle of specialization. It consists of: local courts; courts of appeal, the Appellate Court of Ukraine; higher specialized courts; the Supreme Court of Ukraine.

The Supreme Court is the highest judicial body in the system of courts of general jurisdiction. The Supreme Court consists of Chairman, the First Vice-Chairman, Vice-Chairmen and members. Chairman heads the Supreme Court. The Supreme Court consists of judges elected by the Verhovna Rada for unlimited period of time. Chairman is elected by the plenary session of the Supreme Court for a period of 5 years by the secret ballot. The same person cannot be elected as Chairman more than two terms successively.

In the structure of the Supreme Court of Ukraine different chambers operate: Chamber on civil cases; Chamber on criminal cases; Chamber on economic cases; Chamber on administrative cases.

In accordance with the Constitution general and specialized courts of separate court jurisdictions are formed in the system of courts of general jurisdiction. Specialized courts are economic, administrative courts and other courts determined as specialized courts. Among the higher specialized courts are the Higher Economic Court, the Higher Administrative Court and other corresponding higher specialized courts. These courts are the higher judicial bodies of the specialized courts and formed by the President.

Economic courts within the limits of their jurisdiction settle economic disputes between enterprises, institutions and organizations. The organization and manner of functioning of economic courts are defined in the Law on Economic Courts in Ukraine.

Judicial proceedings are conducted by a single judge, by a panel of judges or by a court of the jury. Colleges of advocates are available to give legal assistance to citizens and organizations.

The main principles of judicial proceeding of Ukraine are: legality; equality before the law; ensuring that the guilt is proved; prosecution by the procurator in court on behalf of the state; ensuring complain of a court decision by appeal and causation; proceeding in all courts shall be opened to the public . Hearing in camera are only allowed in cases provided for by law, with observance of all the rules of judicial procedure; a defendant in the criminal action is guaranteed the right to legal assistance.

No one may be adjudged a guilty of a crime and subjected to punishment as a criminal except by the sentence of a court and in conformity with the law.

THE COURT SYSTEM OF GREAT BRITAIN

The court system in Britain is divided between civil and criminal cases, though many courts hear both types of cases. Criminal law defines offences against the state and regulates their prosecution and punishment. Civil law is connected with relations between private parties.

In criminal cases, there are two main types of courts: magistrates' courts (or courts of first instance), which deal with about 95 per cent of criminal cases, and Crown Courts for more serious offences. In civil cases, magistrates' courts deal with certain minor questions, while more important matters are dealt with in the County Courts. The most common type of law court in England and Wales is the magistrates' court. There are 700 magistrates' courts and about 30,000 magistrates.

More serious criminal cases then go to the Crown Court which has 90 branches in different towns and cities. A Crown Court (or a High Court) is presided over by a judge, but the verdict is reached by a jury of twelve citizens, randomly selected from the local electoral rolls. The judge must make sure that the trial is properly conducted. Underlying the whole process lies the assumption that a person charged with an offence is presumed to be innocent until the prosecution can prove guilt "beyond all reasonable doubt". A person convicted in a magistrates' court may appeal against its decision to the Crown Court (the County Court). The highest court in the land is the House of Lords. In practice the Lords are represented by five or more of the Law Lords.

Appeals are heard by higher courts. For example, appeals from magistrates' courts are heard in the Crown Court, unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords. Scotland has its own High Court in Edinburgh which hears all appeals from Scottish courts. Certain cases may be referred to the European Court of Justice in Luxembourg. In addition individuals have made the British Government change its practices in a number of areas as a result of petitions to the European Court of Human Rights.

The legal system also includes juvenile courts which deal with offenders under seventeen and coroners' courts which investigate violent, sudden or unnatural deaths. Juvenile Courts are composed of specially trained magistrates. They try most charges against children and young persons under the age of 1 8 years.

There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals and disputes between individuals and government departments (for example, over taxation).

Civil cases (e,g., divorce or bankruptcy cases) are dealt with in County courts. Civil proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury. The courts of trial for such litigation are the County Court and the High Court of Justice. County Courts are local courts and are presided over by a single Judge. The High Court of Justice is situated in London. Some cases before the High Court of Justice may be heard before a jury.