Ukrainian law

Legal news in Ukraine: 11th December - 16th December 2017

16.12.2017 / 11:00

Legal news in Ukraine: 11th December - 16th December 2017

New procedural codes came into force

On December 15, new procedural legislation entered into force. The Commercial Procedural Code, the Civil Procedural Code and the Code of Administrative Proceedings have been completely updated.

The new codes introduce new rules of litigation in civil, commercial and administrative proceedings.

In particular, the methods of judicial protection and means of proving in a court proceeding are expanded, their openness and transparency, integrity of the use of procedural rights, compensation of court expenses, reasonable time for processing cases and legal certainty, etc., are expanded. It also provides for the introduction of an "electronic court" system, which will simplify communication with the court and reduce the costs of maintaining the judicial system.

The new codes establish a clear procedure and periods for conducting procedural actions, such as: entering the case, changing the subject or reasons of the claim, the composition of the court during the consideration of the case for newly discovered circumstances, the timing of submission of evidence, clear stages of the trial, reasonable limitation of the possibility of postponing consideration and suspension proceedings in the case.

As for the application of new procedural legislation, the new codes determined that from December 15, judicial proceedings in the courts of the first and appellate courts are carried out under new codes. This applies to both new cases and those that were opened until December 15.

At the same time, appeals against the decisions of the first and appellate courts, issued before December 15, are allowed under the old procedural codes.

New Supreme Court started to work

On December 15 113 judges in new Supreme Court has started to work. Officially on that day, the Supreme Court of Ukraine and the highest specialized courts were suspended: the Supreme Administrative Court, the Supreme Economic Court and High Specialized Court for the consideration of civil and criminal cases.

Now the new Supreme Court is the only cassation instance, which includes the Cassation Administrative, the Cassation Economic, Cassation Civic and Cassation Criminal Courts and also the Grand Chamber of the Supreme Court.

In the Cassation Administrative Court, chambers have been created for taxes, fees and other mandatory payments; protection of social rights; the election process and the referendum and the protection of the political rights of citizens.

The Cassation Economic Court has four chambers: bankruptcy, intellectual property rights, and antimonopoly and competition laws, corporate disputes, corporate rights and securities, and land relations and property rights.

The Grand Chamber of the Supreme Court will generalize judicial practice and will act as a court of appeal in cases considered by the Supreme Court as a court of first instance.

The Supreme Court as a court of first instance will consider the cases about establishment by the Central Election Commission of the results of an election or an all-Ukrainian referendum, cases about termination of powers of deputies of Ukraine and cases about appealing acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the High Council of Justice, The High Qualifications Commission of Judges of Ukraine, the Qualification-Disciplinary Commission of Prosecutors.

Also the Supreme Court reviews as an appellate court decisions of the appeal administrative courts.

Since December 15, cassation appeals are received by the relevant cassation courts of the Supreme Court, which will work on the addresses of the Supreme Administrative Court, the Supreme Economic Court and High Specialized Court.

New procedural codes provide that cassation revisions are not subject to decisions in minor cases.

Changes to the Code of Criminal Procedure came into force

On December 15, the another changes to the Criminal Procedure Code came into force.

The period of the pre-trial investigation is now calculated from the date of making the information to the register of pre-trial investigations and before the day of the appeal to the court with the indictment, the petition for the use of compulsory measures of medical or educational nature, the request for the release of a person from criminal responsibility or the date of the decision to close the criminal proceedings.

Criminal Procedure Code continues to provide that the pre-trial investigation should be completed within one month from the day the person was informed of the suspicion of committing a criminal offense and within two months from the day the person was informed of the suspicion of committing the crime.

At the same time, it is established that the period of pre-trial investigation of a criminal misdemeanor from the moment of entering information into the Uniform Register of pre-trial investigations until the day of notification to the person about the suspicion should be no more than six months, a crime of small or medium gravity - no more than a year and a grave or especially grave crime - 18 months. If the investigation can not be completed within the aforementioned terms, then it can be extended, but according to the decision of the investigating judge.

The Criminal Procedure Code's norms now provide for the right to challenge suspicions by setting a time limit for such an appeal: one month after the suspicion of committing a criminal offense and two months after the suspicion of committing a crime.

Changes to the CPC have also set new innovations in searches. Now, in the request for a search, it will be necessary to specify not only the list of things to be found, but also their connection with the criminal offense, and also to substantiate that access to things or documents can not be obtained voluntarily by recourse to things, or through other investigative actions. This requirement will not apply to cases of conducting a search in order to find the tools of the criminal offense, items and documents withdrawn from circulation.

A court fee has been raised for appeals and cassation complaints

Simultaneously with the entry into force of new procedural codes, since December 15, changes to the Law "On court fees" raise separate rates of court fees.

In particular, the court fee for lodging appeals and cassation complaints for court decisions has been increased.

For lodging an appeal, the court fee was increased from 110% to 150% of the rate to be paid when filing a statement of claim, and for submitting a cassation complaint - from 120% to 200% of the rate to be paid when filing a statement of claim in the amount of the disputed amount.

Also increased the maximum amount of court fee, which can be paid by a legal entity for filing a claim of property character. Now he can not be more than 350 living wage levels, but the actual amount of the court fee still remained at the level of 1.5% of the claim's price.

At the same time, the court fee will now be paid for filing an application for a court order in the amount of 0.1 living wage and for submitting an application for the cancellation of a court order - 0.05 of the subsistence minimum.

At the same time, for the issuance of a duplicate of a court order and an executive letter, a court fee will not be executed for printing out a court record technical record.

Also, the Law "On Court Fee" specifies to whom and under what conditions the court may postpone or postpay the payment of the court fee.

Servicemen can count on deferrals or installments in court fees; parents who have a child under the age of fourteen or a disabled child if the other parent fails to pay alimony; single mothers (parents) who have a child under the age of fourteen or a disabled child; members of a poor or large family; a person acting in the interests of minors or minors and persons recognized as incapacitated by the court or whose capacity is limited.

Also, installment of court fees is granted if the subject of the claim is the protection of social, labor, family, housing rights, reimbursement of health damage or the amount of court fees exceeds 5 per cent of the annual income of the plaintiff - an individual in the previous calendar year.

At the same time, at the conclusion of the settlement agreement before the decision by the court of first instance or at the stage of appeal or cassation review or refusal of the claim, it is assumed that 50% of the court fee will be returned.

With the introduction of an e-court, lawsuits can be filed online, as well as pay court fees. It is envisaged that when filing lawsuits with the help of the Single Judicial Information and Telecommunication System to be operational from 2019, a coefficient of 0.8 will be applied to reduce the appropriate amount of the court fee.

President signed the first decrees on consolidation of courts

President Petro Poroshenko signed decrees on the elimination of local general courts in Cherkasy and Chernivtsi and the creation of district courts.

Cherkassy District Court of Cherkasy Oblast, Chigirinsky District Court of Cherkasy Oblast, Pridneprovsky District Court of Cherkasy and Sosnovsky District Court of Cherkasy are liquidated. Instead, a Cherkassy District Court with a seat in the city of Cherkassy, ​​whose jurisdiction extends to areas where previously closed courts are operating, is being formed.

The Chernivtsi District Court of Chernivtsi, the Sadhirsky District Court of Chernivtsi and the Shevchenkivsky District Court of Chernivtsi, and the Chernivtsi Regional Court with a seat in the city of Chernivtsi, are being dissolved.

Also, the President announced that in the near future will sign decrees on the establishment and liquidation of local and appellate courts.

In accordance with the Constitution, the President has the authority to form and liquidate courts by 2018.

The head of the State Judicial Administration earlier stated that the decrees on the formation of district courts are scheduled to be issued by the end of the year, and the entire liquidation process is expected to be completed in 2019.

Ministry of Education identified the terms of the 2018 admission campaign for a magistracy in law

Ministry of Education has approved the Conditions for admission to the higher education institutions of Ukraine in 2018, which, in particular, relates to those admitted to the magistracy in the specialties "Law" and "International Law".

For admission to study for a Master's degree in Laws and International Law in all fields of study based on the degree of higher education or educational qualification level of a specialist:

registration for the compilation of a single entrance exam in a foreign language and a single professional entrance examination of the entrants begins on May 14 and ends at 18.00 on June 05;

registration of the entry cabinets begins on May 14 and ends at 24.00 on June 05;

preparation of additional professional entrance examinations for entrants who enter on the basis of the degree of higher education (educational-qualification level) acquired by another specialty (direction of preparation) starts on May 14 and ends on May 31;

The reception of applications and documents begins on July 02, except for higher military educational institutions (institutions of higher education with specific educational conditions), military educational units of higher education institutions; expires on July 9 for those applying for entrance exams; July 26th for persons entering on the basis of the results of a single entrance exam and a single professional entrance exam;

the main session of the single entrance exam is held on July 11 (additional session is held in the timeframe set by the Ukrainian Center for Educational Quality Assessment);

the main session of the single professional entrance exam is held on July 13 (additional session is held in the timeframe set by the Ukrainian Center for Educational Quality Assessment);

the relevant entrance examinations in higher education institutions in the cases specified in these Terms and Conditions are conducted according to the schedule of the main session of the single entrance examination and the only professional entrance exam;

providing recommendations for enrollment by public order before August 13;

fulfillment of the requirements of the Rules of admission for enrollment until 18 o'clock on August 18;

an order for enrollment for public order is issued until 18:00 on August 20.

Transfer to vacant places of the state, regional order and places at the expense of targeted privileged state loans of individuals enrolled in training for the funds of individuals and / or legal entities (in accordance with these Terms of Reception) no later than August 28.

Applicants for a master's degree on the basis of a bachelor's degree, a master's degree (an educational qualification level specialist) in the specialties "Law" and "International Law" can file up to five applications for the place of state and regional order. The submission of applications for competitive tenders for participation in the competition for places by funds of individuals or legal entities is not limited. 

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