Ukrainian law

Legal news in Ukraine: funding for the courts is requested to increase, the Law on Parking Rules came into force, the competition to the Supreme and the Anti-corruption, the procedure for the exam to the IP-court is determined, All-Ukrainian week of law

30.09.2018 / 08:00
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 Legal news in Ukraine:  funding for the courts is requested to increase, the Law on Parking Rules came into force, the competition to the Supreme and the Anti-corruption, the procedure for the exam to the IP-court is determined, All-Ukrainian week of law

The High Council for Justice requires increased funding for the courts

The draft Law of Ukraine on the State Budget for 2019 provides for insufficient funds to ensure the functioning of the justice system, emphasized the chairman of the High Council for Justice Igor Benediyuk.

According to him, stopping increase of official salaries of judges of local, appellate and higher specialized courts is unacceptable. Thus, part three of Article 146 of the Law of Ukraine «On the Judiciary and Status of Judges» provides that expenses for the maintenance of courts are determined taking into account the proposals of the High Council for Justice.

Article 38 of the Budget Code of Ukraine determines that the High Council of Justice submits its proposals to the Parliament together with the draft State Budget of Ukraine.

The amount of the remuneration of a judge is established by the Law «On the Judiciary and Status of Judges». Part one of Article 135 of the Law stipulates that remuneration of judges is regulated by this Law and can not be determined by other normative-legal acts.

The law provides for the gradual increase of the official salary for judges of the state. The size of the salary for a judge of a local court from January 1, 2019 should be 25 living wage for able-bodied persons, and for the judge of the court of appeal and the higher specialized court - 40 such subsistence minimum.

The Constitutional Court of Ukraine has repeatedly emphasized that the law on the State Budget of Ukraine can not amend other laws, thereby abolishing or restricting the scope of rights and obligations, privileges, compensations and guarantees, provided for by other laws of the state.

The chairman of the High Council of Justice has sent a remark to the Ministry of Finance that the project for 2019 does not allocate sufficient funds for the justice system.

In addition, in a letter to the President of Ukraine, the Prime Minister of Ukraine, the Chairman of the Verkhovna Rada, it was stressed that the constitutional guarantees of the judges’ independence would not be narrowed.

Benedyuk drew attention, that the suspension of increasing the salaries of judges actually changes the guarantees provided for by a special law.

The Law on Parking Rules in Ukraine came into force

«On Amendments to Certain Legislative Acts of Ukraine Regarding the Reform of the Parking Area» on September 27, 2018,came into force, introducing new parking rules.

The law introduces photographing (video) of violations of the rules of stopping, parking or parking of vehicles, namely: date, time (moment), vehicle location relative to immovable objects and / or geographic coordinates. A photo/video fixation is carried out by an authorized officer.

It is mandatory to have at least two images of a vehicle obtained from different or opposing angles. In the case of fixing the failure to pay the cost of parking services within the settlement, which does not implement an automated payment control system, an image is required that records the absence of a document on payment for services under the windscreen of the vehicle.

It is mandatory to have at least two images of a vehicle obtained from different or opposing angles. In case of non-payment of the parking cost in a locality, where automated payment control system is not implemented, it is necessary to record on the photo the lack of a payment document under the windscreen of the vehicle.

If an administrative offense is recorded in a photographic mode (video recording), a representative of the National Police or a parking inspector is required to place a copy of the decision to bring administrative liability to the vehicle's windscreen.

This message must contain information on the procedure for executing the administrative penalty, including the details for payment of 50 percent of the fine within 10 banking days from the day the relevant offense was committed. This will be considered a full administrative penalty. Otherwise, the order is enforceable within 30 days from the date of the entry into force.

It should be noted that such a decision may be made without the participation of a person who is being brought to administrative liability.

The document stipulates that the administrative responsibility for violation of the rules of stop, parking, vehicles parking, recorded in the mode of photography, bears: an individual or manager of the legal entity that registered the vehicle, or a vehicle user. If a vehicle is registered outside of Ukraine, the person who brought the car to the territory of Ukraine is brought to administrative responsibility.

The examination of the candidates’ documents for the Anti-corruption Court and the Supreme Court has begun

The High Qualification Commission of Judges of Ukraine has completed the receipt of documents from candidates for participation in contests to the Supreme Court and the Supreme Anticorruption Court.

The Commission received 1001 applications: 659 – to participate in the second contest to the Supreme Court, and 342 - to the Supreme Anticorruption Court. The competition for one position in these courts is 8 and 9 candidates, respectively.

Among the candidates for the Supreme Court, the Commission received 62% of applications from judges, 17% of applications from academics, 14% of applications from lawyers and 7% of applications from candidates with aggregate seniority.

The competition for the Supreme Court has the following competition:

181 applications to the Cassation Civil Court for 23 vacant posts;

180 applications to the Cassation Criminal Court for 13 vacancies;

172 applications to the Cassation Administrative Court for 26 vacancies;

125 applications to the Cassation Economic Court for 16 vacancies.

The Commission received 102 applications – for 12 posts of the Appeals Chamber of the Supreme Anticorruption Court and 240 applications –- for 27 posts of the Supreme Anticorruption Court.

It should be reminded that the High Qualification Commission of Judges of Ukraine announced competitions for 78 posts of the Supreme Court judges and 39 positions of the Supreme Anticorruption Court judges on August 2, 2018. The submission of documents lasted until September 14, 2018.

The order of the qualification exam for the IP court is determined

The exam within the framework of the qualification assessment for the post of judge of the High Court on Intellectual Property will be held on October 3 in the Pavilion No. 1 of the KyivExpoPlaza Exhibition Center at the following address: Kyiv, Kyiv. Salyutna, 2. The court has 21 vacancies.

Participants will have an anonymous written test (the maximum score is 90) and will carry out a practical task (the maximum score is 120).

To enter the premises and during registration, the participant must present a document certifying his identity and citizenship of Ukraine (passport of Ukraine citizen).

During registration participants will receive individual cards, that will be the only document by which a participant can find out his own coded result. The participant must keep this card before the Commission determines the general results of the exam (decoded).

The participant must present an individual card and a document identifying the person at the entrance to the exam room, in the sector and at the request of the Commission representative. Movement of participants in the hall without these documents is prohibited.

The exam participant selects the workplace independently. Each workplace of the participant will be provided with a pen, a bottle of water and a package for placing personal belongings. During the exam, it is necessary to use a pen provided by the Commission.

A package with personal belongings must be at the workplace of the participant during his appointment. These things are forbidden to use during the exam.

The Government approved the plan of events for the All-Ukrainian Right Week-2018

The Government approved the Plan of Measures for the All-Ukrainian Week of Law in 2018.

The plan provides for classes in schools on international legal standards in the field of human rights protection, the concept and essence of human rights, the main mechanisms for protecting it. In addition, it is planned to conduct educational lessons for children of different age groups in order to prevent discrimination and violence at school.

Also, in educational and cultural institutions, military units will be held scientific and practical seminars, conversations, round tables, excursions, workshops, legal contests, games, competitions, etc.

Lectures and conversations will be held in penal institutions on the issues of the implementation and protection of human rights.



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