Ukrainian law

Legal news in Ukraine: procedure for maintaining the Unified Register of Pre-trial Investigations, more candidates to the Anti-Corruption Court, tests for entering the master's degree in law, changes in the order of private executors’ training

30.03.2019 / 15:50

Legal news in Ukraine: procedure for maintaining the Unified Register of Pre-trial Investigations, more candidates to the Anti-Corruption Court, tests for entering the master's degree in law, changes in the order of private executors’ training

The amendments to the Regulation on the Procedure of maintaining the Unified Registry of Pre-Trial Investigations came into force

On March 26, 2019, amendments to the Regulation on the Procedure for maintaining the Unified Register of Pre-Trial Investigations, which were approved by the Prosecutor General of Ukraine, came into force.

The new provision provides that an extract from the Register at all stages of criminal proceedings, copies of the information contained in the Registry, in a particular criminal proceedings until the end of the pre-trial investigation, is made by the Registrars authorized to conduct pre-trial investigation and supervision over compliance with laws.

If the date and time of the commission of the criminal offense is unknown, the date of the statement registration, the message on the criminal offense shall be indicated.

Information not known at the time of a criminal offense registration, shall be entered into the Register after its establishment in accordance with the established procedure.

Information about damages, compensation and extraction of criminal activities shall be entered into the Register at the same time as information on the consequences of pre-trial investigation in the event of:

appeal to the court with an indictment (paragraph 3 of the second part of Article 283 of the Criminal Procedure Code of Ukraine), at the request of applying compulsory measures of a medical or educational nature (Article 292 of the CPC), at the request of exempting a person from criminal liability Criminal Code of Ukraine);

the closure of criminal proceedings in case of death of a suspect, unless the proceedings are necessary for the rehabilitation of the deceased (Article 283, paragraph 1, second paragraph, paragraph 5 of part one, Article 284 of the CPC).

The amounts of damages established during the pre-trial investigation, reimbursement, the amount of funds and property (in monetary terms) that the court seized are entered into the Register in thousands of hryvnias, when the criminal proceedings (except for attempts) are completed. If these amounts are expressed in any foreign currency, they are reflected in terms of hryvnia at the official exchange rate of the National Bank of Ukraine on the day of the criminal offense.

The High Council of Justice proposes to appoint three more judges to the Anti-Corruption Court

The High Council of Justice completed the examination of the candidates for the High Anti-Corruption Court and the Appeal Chamber of the Court, who were subjects to additional verifications.

The High Council of Justice has submitted to the President of Ukraine a proposal on the appointment of Serhiy Bodnar as judge of the Anti-Corruption Court’s Appeals Chamber.

HCJ also proposes to appoint Markiyan Halabala and Yevhen Kruk to the positions of the Supreme Anti-Corruption Court’s judges.

At the same time, the candidate Volodymyr Tsikalo withdraws his candidacy from the competition.

Earlier, the High Council of Justice decided to submit a proposal to the President of Ukraine on the appointment of 38 judges: 11 judges of the Appeals Chamber of the High Anti-Corruption Court and 27 judges of the Anti-Corruption Court.

The program of tests for the admission of law students to the magistracy has been approved

The Ministry of Education and Science has approved programs on the basis of which they will develop external independent evaluation for law students to enter the magistracy in specialties law and international law.

Students will have a single entrance exam in a foreign language and a single professional entrance examination of law and legal competences.

The introductory test will be divided into two blocks. The first block «Law» will include tasks from 8 basic legal disciplines: The constitutional right of Ukraine, Administrative law of Ukraine, Administrative justice in Ukraine, Сivil law of Ukrain, Сivil procedural law of Ukraine, Сriminal law of Ukraine, Сriminal procedural law of Ukraine, International public law, International protection of human rights.

The second block is the verification of general educational legal competences. It will contain tasks for evaluating critical, analytical and logical thinking.

For the exam in a foreign language, you can choose one of 4 languages: English, French, German or Spanish. Testing will contain 2 parts - to check the reading and use of the language.

Testing will consist of checking the level of reading and language usage.

Ministry of Justice will change the order of private executors’ training

The Ministry of Justice of Ukraine presented changes in the procedure for admission to the profession of private executors and the work order of the Private executors Disciplinary Commission.

The new admission procedure will allow for online training with further graduation from a higher education institution. Today private and public executors are taught in 10 schools of Kharkiv, Dnipro, Odessa, Lviv, Ivano-Frankivsk, Sumy and Kiev.

Private executives will be able to practice not only in the executive bodies, but also in the offices of their colleagues. Place of internship can be chosen without territorial or departmental binding.

The next innovation is a change in the evaluation criteria for the practical task of the qualification exam. In the future, it is planned to automate it.

The changes provide for the creation of the Disciplinary Commissioner Institute, who will be delegated by the Association of Private Executors. The Commissioner will prepare opinions on disciplinary proceedings on specific private executors, as well as summarize disciplinary practices.

The next change is related to the renewal of the Disciplinary and Qualification Commissions’ personal membership, including the appointment of a legal expert recommended by international partners. After the transformation, only three of the nine members will be employees of the justice system. Other members include private executors, a judge, elected by the Council of Judges of Ukraine and a legal expert.

«This initiative will require the expenditure of certain resources – human, time and technical. This is due to the fact that we will need to work out a list of practical tasks and options for answering them and test them, which corresponds to the methodology of automated checking of the person qualification level of knowledge,» – stated the Ministry of Justice.

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