The judicial council of Ukraine isn't authorized to appoint judges to administrative positions, and can make recommendations only.
Body which will appoint judges, Rada has to define Supreme, decided the Constitutional Court.
Such solution of KS on representation of 51 People's Deputies on official interpretation of provisions of the law "About Judicial System of Ukraine" (case of appointment of judges to administrative positions) is published on Thursday, Interfax - Ukraine" reports ".
In the solution of KS it is emphasized that according to provisions of the law about judicial system "The judicial council of Ukraine is authorized to make recommendations concerning such appointment to that body (official) which the law is allocated with such powers".
KS also obliged Supreme Rada to settle urgently a question of appointment of judges at a position of head of court, the deputy head of court and dismissal from this position.
Besides, KS stopped the constitutional proceeding of an official standing of a number of articles of judicial system of Ukraine in view of lack of need of interpretation of these norms.
As explained on a press - conferences after judgment announcement the judge - the speaker Ivan Dombrovsky: "today the decision of Judicial council on appointment (judges on an admindolzhnost) can't have final character, but only rekomendatsionny to that body which will be defined by the Verkhovna Rada".
Thus, as Dambrovsky explained, it won't be known whom to submit the recommendations on appointment yet and dismissal of heads of courts and their deputies Judicial council.
"Until the decision of the Verkhovna Rada will be executed (about definition of that body which will appoint judges to admindolzhnost) this subject legislatively isn't defined. That is there is a gap in the legislation", - the judge of KS emphasized.
He noted expediency of intervention in this situation of the president, that it as the guarantor Konstitutsii, sent the bill which would define that body which will appoint judges to administrative positions to the Verkhovna Rada.
"I don't exclude opportunity that the guarantor Konstitutsii interfered with this situation, and can, just, the Verkhovna Rada was consolidated", - Dombrovsky noted.
The solution of KS final and is obligatory to execution in Ukraine.
In the representation People's Deputies asked KS to explain the provision of articles 102, 103, 116 of the law "About Judicial System of Ukraine" of February 7, 2002.
Parliamentarians specified that KS in 2007 recognized unconstitutional dismissal and appointment of heads of courts and their deputies the president and recommended to parliament to settle urgently a question of appointment of judges to administrative positions, but BP didn't adopt the law and didn't regulate this question.
The judicial council of Ukraine in May, 2007 made the decision that it is the only subject authoized to appoint and dismiss judges to administrative positions