Ukrainian law

Legal news in Ukraine: 27th November - 2th December 2017

02.12.2017 / 11:00
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Legal news in Ukraine: 27th November - 2th December 2017

The Plenum of the Supreme Court made important organizational decisions

On November 30, the first plenum of the new Supreme Court took place, which adopted a number of important decisions.

Firstly, the Plenum has determined that the Supreme Court will officially start to work on December 15.

From this day the Supreme Court of Ukraine, the High Specialized Court of Ukraine for the Examination of Civil and Criminal Cases, the Supreme Economic Court of Ukraine, the Supreme Administrative Court of Ukraine stop the working and liquidate according to law.

Pending cases, which filed to the Supreme Court of Ukraine and specialized courts until December 15, will be transferred to the appropriate cassation courts in the Supreme Court.

Secondly, Plenum has elected the chair of the Supreme Court, his vice-chair and the Secretary of the Plenum.

Valentyna Danishevska has been elected head of the new Supreme Court of Ukraine, who until the appointment of a judge of the Supreme Court headed the Center of Commercial Law, and vice-chair - ex-chairman of the Supreme Economic Court Bogdan Lvov.

Secretary of the Plenum of the Supreme Court was elected Dmytro Luspenkik, ex-secretary of the Plenum of the High Specialized Court.

Fourthly, the number of the apparatus of the new Supreme Court was adopted, which will be 1,119 people, which is 25% less than in the Supreme Court of Ukraine. At the same time, the judges have more assistants: two assistant judges, counselor and secretary of the court session. It has also been decided  temporarily to increase the number of assistants to the judges of the Administrative and Cassation Courts of the judiciary from two to three, which is due to the high workload of these judges.

New procedural codes will come into force on December 15

Tthe Law No. 2147-VIII "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Legal Proceedings of Ukraine and other legislative acts" will come into force On December 15

As envisaged by the decision of the Plenum of the Supreme Court, on December 15 the new Supreme Court will start to work according to the new Civil Procedural Code, the Commercial Procedural Code and the Code of Administrative Justice.

The Supreme Court will be guided by new codes in its work.

Court cases, which was started before the caming into force of the new procedural codes, as well as applications and complaints filed before the deadline, will be hear according to new procedural law.

At the same time, court decisions that were made by the court of the first or appellate instance before the entry into force of the new procedural codes can be appealed both in appeal and cassation proceedings, within the timeframes that were in force before the entry into force of the new procedural codes.

A competition to the High Court on Intellectual Property was started

On December 1, the reception of documents for the position of judges of the High Court on intellectual property began.

The High Qualifications Commission of Judges of Ukraine announced a competition for 21 vacant posts in this court.

The deadline for submission of documents for participation in the competition is 15 calendar days starting from December 1.

Participation in the competition can be taken by candidates with higher legal education, experience of work on a judge's position not less than three years, experience of a patent attorney at least 5 years, experience of professional activity of a lawyer for representation in court in matters concerning the protection of intellectual property rights not less than 5 years or aggregate seniority of work as a judge, attorney and lawyer at least 5 years.

The High Court of Intellectual Property is designated as one of the highest specialized courts, which will be a court of first instance for consideration of certain categories of cases, which are defined in the new Economic Procedural Code.

Before the High Court on Intellectual Property don’t start to work, cases about intellectual property rights are considered by the courts in accordance with the rules of jurisdiction, that existed prior to come into force of the new Commercial Procedural Code.

Changes to the Labor Code саme into force

The law on amendments to Article 73 of the Labor Code on holiday and non-working days comes into effect on December 2.

The law establishes December 25 an official non-working holiday in Ukraine and cancels non-working day on May 2. From now on, Ukrainians will mark Labor Day only one day, on May 1.

Therefore the total number of non-working days in Ukraine don’t increase  - 11 days: January 1 - New Year; January 7 and December 25 - Christmas; March 8 - International Women's Day; 1 - Labor Day; May 9 - Victory Day over Nazism in the Second World War (Victory Day); June 28 - Constitution Day of Ukraine; August 24 - Independence Day of Ukraine and October 14 - Day of the defender of Ukraine and one day (Sunday) - Easter and one day (Sunday) - Trinity.

President signed changes to the Criminal Procedural Code on conducting searches

President signed a law on ensuring compliance with the rights of participants in criminal proceedings and other persons by law enforcement agencies during the prejudicial inquiry.

The law introduces compulsory video recording of the search process. Without such records, the evidence obtained will be recognized as inadmissible. In this case, the party of protection gets the right to fix the search process.

Also, a person in whose premises the search is being carried out will be entitled to the assistance of an advocate at any stage of a search.

To protect the participants in criminal proceedings from unjustified seizure of documents and computer equipment, the adopted law obliges the prosecution to substantiate the need to seize the originals of documents or their copies from persons in whose premises a search is being conducted.

Attorneys of the company will have the right to be involved in the search at any stage. Evidence obtained during a search for which a defender was not admitted will also be declared invalid if the lawyer proves in court that he is not allowed to participate in the search.

Another important novelty of the Law is the creation of a government commission consisting of human rights activists, representatives of business associations and state authorities, which will consider completed cases and will assess the lawfulness of the actions of law enforcement officers with regard to business representatives.

At the Nikopol court, during a court hearing, grenades were blown up

In the Nikopol City Court of Dnipropetrovsk region, two blasts occurred during the court session.

According to the National Police, father of a man whose case was hearing this day blew up grenades. It was his reaction to the announcement of a break in the trial due to the absence of a lawyer.

The man died on the spot from the explosion, and three defendants, two convoy officers, a court officer and one civilian were injured.

Subsequently, the police clarified that a total of 10 people were injured, and one of the defendants died in the hospital from injuries. As a result of a explosion, 2 people died and 9 were injured.

The police is investigating the incident, and meanwhile the Council of Judges once again raised the issue of protecting the courts.

By the end of 2018, the security of the courts should be carried out the National Police and the National Guards, however, most courts don’t have protection, and on January 1, 2018, the Judicial Protection Service should be employed, as provided by the law of judicial system.

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