service;
whether
there were any changes envisaged
in the Organisation
of
advocates
and lawyers;
whether membership of a political
party was a necessary
condition
for being elected or appointed as a judge; under what circumstances
a trial
could be held in secret; whether it was envisaged, pursuant to
article
3 of the Declaration
of State Sovereignty,
to separate the judicial
from the executive
powers of the Procurator’s
Office1 and whether any organs
other than the courts were authorised to impose administrative
detention.
Pa
addition,
it was inquired whether the Procurator’s
Office still
exercised
direct control over the way the courts applied the law and, if so, whether the
judiciary
could then be considered as being independent.
Observing that the
executive power retained the right to rule on the constitutionality
of a given
law, members wished to know what the precise role of the Constitutional
Court
was and whether it could challenge decisions by the Supreme Soviet.
209. In his reply,
the representative
of the State party underscored that it
had been proposed, under the current judicial
reform, to appoint judges on the
recommendation of a qualified
panel of judges for a period of 10 years.
Judges could not be dismissed unless they had committed a serious offence,
Judges’ emoluments were
such dismissal being decided by the Supreme Soviet.
still
quite low. Candidates for appointment as judges had to have very
thorough legal training,
be at least 25 years of age, and have practised as a
lawyer.
Bar associations existed thus far only at the rngional level,
for
specific districts,
but there were plans to set up a bar council and other
professional
organieations
which would defend the interests
of all officials
and court officers.
Although a trial
could be held in secret if a state
secret had to be protected or if it involved details of the accused’s private
life or information
involving
minors, the verdict
was always handed down in
public.
said that the reform of
210. Replying to other questions, the representative
the judiciary
now in process was intended to strengthen its independence to
make it a genuine instrument for the defence of the law and of citizens’
interests.
The Supreme Soviet had also decided to depoliticise
the
judiciary.
The Procurator’s
Office was not an organ of executive power and
the Supreme Soviet could override an appeal petition
or a protest from the
Procurator’s
Office.
The courts could impose administrative
detention only
when questions relating
to administrative
offences were brought before them
directly.
The Supreme Court did not have the right to rule on the
The most recent constitutional
constitutionality
of given legislation.
amendments provided for the establishment of a constitutional
court
with
responsibility
for the application
of the law and for guaranteeing the
constitutionality
of the texts adopted.
Freedom
of alfens
211. With reference to that issue,
members of the Committee wished to know
whether any consideration
was given, in the context of the current reform
movement in the field of civil
and political
rights,
to the situation
of the
Crimean Tartars who had not yet been able to return to their earlier
homes in
the Ukrainian SSR; what the prospects were of early enactment by the Supreme
Soviet of the USSR of the new draft law on entry into and departure from the
USSR; whether the decree of the Presidium of the Supreme Soviet of the USSR on
“Measures for preventing
infection
with the AIDS virus”,
adopted on
25 August 1987, had been applied in practice;
and under what circumstances
aliens were required to undergo medical examinations.
-5l-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents