Ukrainian law

Legal news in Ukraine: 18th December - 23th December 2017

23.12.2017 / 11:00

Legal news in Ukraine: 18th December - 23th December 2017

The Constitutional Court of Ukraine adopted two decisions

The Constitutional Court of Ukraine declared unconstitutional paragraph 7 of the second part of Article 42 of the Law of Ukraine "On Higher Education".

This rule was about that the person who voted for the law on January 16, 2014 could not be appointed to the position of the head of the institution of higher education.

In its decision about the recognition of this rule unconstitutional Constitutional Court estimates that "dictatorial laws of January 16, 2014" are the conventional name of the laws of Ukraine that Verkhovna Rada of Ukraine adopted on this date. This feature applies to all laws of Ukraine, that were adopted that day, and therefore it is impossible to determine unequivocally which ones belong to the category of "dictatorial".

The Constitutional Court of Ukraine said that paragraph 7 of the second part of Article 42 of the Law No. 1556 actually introduced the legal responsibility of a deputy of Ukraine for the results of voting in the past, that there is a violation of Article 80 of the Constitution of Ukraine.

Also, The Constitutional Court adopted decision in a case concerning the constitutionality of the exclusion of candidates to the deputies of Ukraine from the electoral roll of a political party after the elections.

The Constitutional Court of Ukraine came to the conclusion that the possibility of the party's expulsion of candidates to the People's Deputies of Ukraine from the party's electoral list after establishing the results of the elections of people's deputies of Ukraine by the decision of its congress (meetings, conferences), provided for in part nine of Article 61, part three of the article 105 of the Law No. 4061, contrary to the principles of democracy; legal certainty and legitimate expectations as an integral part of the rule of law principle; freedom of political activity; free elections and free expression of the will of voters; a free parliamentary mandate (part two of Article 5, part one of article 8, part four of article 15, article 71, articles 79-81, 84 of the Constitution of Ukraine). The aforementioned provisions of the Law No. 4061 violate the right of Ukrainian citizens to freely choose and be elected to bodies of state power and local self-government (part one of Article 38 of the Constitution of Ukraine), make it possible for the Party to deny the political will of voters embodied in the results of voting in the elections of people's deputies of Ukraine and contradict the principles of the constitutional order of Ukraine.

Therefore, part nine of Article 61, part three of Article 105 of the Law of Ukraine "On Elections of Deputies of Ukraine" No. 4061-VI, paragraph 3 of Section II "Final and Transitional Provisions" of the Law of Ukraine "On Amendments to Law of Ukraine "On Election of Deputies of Ukraine" regarding the exclusion of candidates to the People's Deputies of Ukraine from the party's election list in a multi-mandate constituency" No. 1006-VIII declared unconstitutional and expired on December 21, 2017.

Verkhovna Rada introduced photo and videofixing of parking violations

The Verkhovna Rada of Ukraine adopted the Law about photo and videofixing of parking violations.

The law introduces amendments to the Code of Ukraine on Administrative Offenses, the Laws of Ukraine "On Road Traffic", "On Local Self-Government in Ukraine", "On Insurance", "On National Police", which provide for:

creation of a legislative mechanism for the inevitability of liability for violating the rules of stopping, parking and parking of vehicles by introducing photo and video footage of offenses;

distribution of the current legislative mechanism for bringing to administrative responsibility the person for whom the vehicle is registered for certain violations of the rules of the road, recorded in automatic mode, for cases of violation of the rules of stopping, parking and parking of vehicles, in particular, non-payment of the cost of parking services or parking on the ground for persons with disabilities who do not have such a right;

compulsory withdrawal of a copy of the resolution or notification of the decision to bring to the admin responsibility for violations, recorded in the mode of photographing/video, on the windshield of the vehicle;

determination of the grounds for exemption from the responsibility of the person for whom the vehicle is registered, namely, when the license plate or car is extinguished from its possession as a result of unlawful actions of other persons, the transfer of the right to drive a car to another person on the appropriate legal basis or if the person the actual offender will pay a fine and personally apply to the collection authority with a statement and a copy of the document on payment of a fine;

allocation of powers of consideration of cases of administrative violations and the temporary detention of a vehicle of parking inspectors - namely: officials authorized by the executive bodies of village, town and city councils, officials of these bodies or officials of the relevant municipal enterprises engaged in the field of parking of vehicles;

The law provides for the authorized local authority to provide parking inspectors with the right to bring to justice the violators of the rules of stopping-parking of cars within the limits of the corresponding settlement, if this violation is recorded in the mode of photography / video recording.

The Law "On Public Procurement" has been amended

The Verkhovna Rada adopted the Law "On Amendments to the Law of Ukraine" On Public Procurement "and some other laws of Ukraine on monitoring procurement".

The law should prevent loss of public funds by means of effective monitoring of procurement by public financial control bodies in order to prevent breaches in procurement and compliance by law enforcement customers at all stages of procurement.

The document provides for the introduction of:

automatic risk indicators, which will provide an opportunity to automatically select a procurement procedure that includes signs of violations of procurement law;

an exhaustive list of grounds for monitoring of purchases that will resolve issues of authority of the state financial control body to decide on the start of monitoring of procurement in the presence of one or more of these grounds;

obligatory publication of information in the electronic procurement system on the commencement and termination of monitoring, on the results of its conduct, on the exchange of information between the state financial control authority and the customer at all stages of monitoring;

the principle of non-interference of the controlling body in the process of procurement, which will facilitate non-procrastination of the procurement process;

a clear division of the functions of the authorities authorized to carry out controls in the field of public procurement.

Recalculation of military pensions will be begin in January

The beginning of the reform of the pensions of employees of law enforcement agencies from January 1, 2018, even if the Verkhovna Rada does not have time to consider the relevant law by the end of this year.

"Regardless of when the Verkhovna Rada will pass this law, the recalculation of pensions will begin on January 1, 2018 - the law itself specifies the norm, which sets the recount from that date," said Andriy Reva.

Thus, the bureaucratic moments related to the process of consideration and the date of adoption of the law will not be affected by people, however, the Minister of the Minister noted that the mandatory condition for the modernization of pensions for servicemen and employees of other law enforcement agencies is precisely his adoption by the Verkhovna Rada.

"The law provides that as a result of the modernization of the pension will increase for each individually, depending on the length of service and the size of the money. But if we talk about the average increase, it will be 1,5 thousand hryvnia. Is there a lot of this? This is substantially more than today, and if the average civilian pension increased by 30%, then military growth would be an average of 62%. At the same time, decent pensions can only be achieved gradually, and therefore the main result of this law will be the simultaneous and annual modernization of military and civilian pensions ", - the Minister emphasized.

The UN Security Council adopted resolution about Crimea

The UN General Assembly has approved a resolution entitled "Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine

As reported, a draft resolution on human rights in Crimea was introduced on October 31, 2017. The document, in particular, confirms that there is an international armed conflict between Ukraine and Russia and condemns the retroactive application of the Russian legal system in the occupied territory and the imposition of automatic Russian citizenship on Ukrainian citizens.

The resolution urges Russia to fully implement the order of the International Court of Justice on interim measures to restore the rights and freedoms of Ukrainian citizens on the peninsula and calls on the Russian occupation authorities to ensure the availability of education in the Ukrainian and Crimean Tatar languages.

At the same time, the document reaffirms concern that the UN human rights monitoring mission in Ukraine continues to be denied access to Crimea, despite its existing mandate, and includes the requirement to prepare a second thematic report on Crimea by the end of the 72nd session of the UN General Assembly (September 2018) and update the Human Rights Council on the issue at its 37th session (March 2018).

In addition, the document welcomes Ukraine's positive decisions in the context of simplifying procedures for unhindered access to Crimea by journalists and human rights defenders, as well as Ukraine's support for media outlets and NGOs that were forced to leave the temporarily occupied Ukrainian territory.

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