Ukrainian law

Legal news in Ukraine: 4th December - 9th December 2017

09.12.2017 / 11:00
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Legal news in Ukraine: 4th December - 9th December 2017

Verkhovna Rada adopted state budget for 2018

Verkhovna Rada adopted law on Ukraine's state budget for 2018.

The document provides for budget revenues for 2018 at UAH 913.613 billion. Budget expenditures for the next year are projected at UAH 988.634 billion.

The Ministry of Internal Affairs will allocate almost 66 billion, the Prosecutor General's Office will receive 6.7 billion, the National Anti-Corruption Bureau - 857 million, anticorruption prosecutor's office - about 100 million, and the launch of the State Bureau of Investigations will allocate 651 million.

The newly-formed Supreme Court will also receive of almost 2 billion hryvnias. Funds are foreseen for new higher courts - the High Court for Intellectual Property and the Highest Anti-Corruption Court - 29 and 36 million, respectively.

Also, a sum of 1 billion is envisaged for the Judicial Protection Service, which should be operational in 2018.

It was established that in 2018 the subsistence minimum per person per month will amount to 1,700 hryvnias from January 1, 2018, to 1,777 hryvnias from July 1, to UAH 1,853 from December 1, and for the main social and demographic groups:

Children under the age of 6: from January 1, 2018 - UAH 1,429, from July 1 - UAH 1559, from December 1 - UAH 1,626;

children aged 6 to 18 years: from January 1, 2018 - UAH 1,860, from July 1 - 1944 hryvnia, from December 1 - UAH 2,027;

able-bodied persons: from January 1, 2018 - 1762 hryvnias, from July 1 - UAH 1,841, from December 1 - UAH 1,921;

persons who have lost their ability to work: from January 1, 2018 - 1,373 hryvnias, from July 1 - 1,435 hryvnias, from December 1 - 1,497 hryvnias.

The law established in 2018 the minimum wage in the monthly amount: from January 1 - 3723 hryvnia; in hourly amount: from January 1 - 22.41 hryvnia.

The size of state social assistance to low-income families in 2018 can not be more than 75 percent of the level of provision of a living wage for a family.

The Law on Amendments to the Criminal Procedural Code on conducting searches has come into force

law on ensuring compliance with the rights of participants in criminal proceedings and other persons by law enforcement agencies during the prejudicial inquiry, which encapsulates instruments for counteracting any unjustified pressure on Ukrainian enterprises, including pressure from the law enforcement agencies.

The adopted document reforms the procedure of search and seizure of things at enterprises during a pre-trial investigation and strengthens the protection of the rights of businesses.

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.

Also, law enforcement officers, in general, will be prohibited from seizing computer hardware, and they must make copies of any required data with the involvement of relevant experts.

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.

The law prohibits the removal of originals of financial and economic documentation, computer equipment, servers and mobile phones of business entities. It also provides for a prohibition of repeated infringement of closed criminal proceedings and provides reasonable time for criminal proceedings.

Persons whose rights are restricted are entitled to challenge the inaction of the investigator and make a request for the application of reasonable time limits for proceedings. At the same time, representatives of business will be entitled to confirm the registration of a criminal case within 24 hours from the moment of entering the information into the register of pre-trial investigations.

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.

The government adopted a decree аbout courts’ security

The Cabinet of Ministers of Ukraine adopted a decree "On Approval of Lists of Courts, Bodies and Institutions of the Judicial System Protected by Divisions of the National Police and the National Guard", which entered into force on December 5.

In particular, the government has secured the courts for the units of the National Police, the National Guards.

Also, the Cabinet of Ministers has identified a list of courts located in the zone of the ATO and in the territory of Ukraine that is not under control, which is not protected by Ukrainian law-enforcement agencies.

For the period prior to the commencement of the full implementation of the powers of the Judicial Protection Service, the protection of the courts, other bodies and institutions of the judicial system, as well as the institutions of forensic examinations shall be assigned to the units of the National Guard and the National Police.

According to the State Judicial Administration, there are 768 courts in Ukraine, of which 60% are not protected at all, 22% are protected only by day, 1% - secured only at night, and only 136 rooms are provided with round-the-clock security by the National Police.

Chairmen of courts of cassation in the Supreme Court were elected

The judges of the four courts of cassation in the Supreme Court elected their chairmen.

The head of the Cassation Criminal Court was elected Stanislav Kravchenko, the head of the Cassation Administrative Court - Mikhail Smokovich, the head of the Cassation Civil - Boris Gulkо and the the head of Cassation Commercial Court - Bohdan Lvov, who, moreover, is the deputy of Valentina Danishevska, the head of of the Supreme Court.

The Law on the Judiciary provides that the President of the Court of Cassation is elected for a term of four years with the right to hold the office of the chairman of such a cassation court for no more than two consecutive terms.

The head of the cassation court may be dismissed early on the initiative of not less than one third of the total number of judges of the relevant cassation court by secret ballot by a majority of the judges of the relevant cassation court.

Also members of the Grand Chamber of the Supreme Court were elected, including Volodymyr Bryantchuk, Oleksandra Yanovska, Natalia Antoniuk, Leonid Loboyko from the Cassation Criminal Court, Oleg Tkachuk, Olena Sytnik, Natalia Lyaschenko, Dmitriy Gudyma from the Cassation Civil Court, Oleksandr Prokopenko, Alexander Zolotnikov, Irina Saprykina, Vsevolod Knyazev from the Cassation Administrative Court and Larysa Rogach, Svitlana Bakulinf, Vitaliy Urkevich, Olena Kibenko from the Cassation Commercial Court and the head of the Supreme Court.

The Grand Chamber will study judicial practice and generalize it, in cases determined by law, act as a court of cassation in order to ensure the uniform application of the rules of law by cassation courts, as well as as a court of appellate instance in cases considered by the Supreme Court as a court of first instance.

The results of the qualifying exam in the local courts were announced

The High Qualifications Commission of Judges of Ukraine issued a list of 692 candidates who successfully passed the qualifying examination and were previously admitted to the next stage of the contest in local courts.

The candidates for further participation in the competition were admitted to the competition, which, for anonymous testing, to test the level of general theoretical knowledge in the field of law and the level of proficiency in the state language received 115 points and above, and for testing the testing of personal moral and psychological qualities - grades "average" and "high".

700 candidates were admitted to anonymous testing to verify the level of personal moral and psychological qualities.

The moratorium on land sales has been extended for year

The Verkhovna Rada of Ukraine once again extended the moratorium on the sale of agricultural land.

The transitional provisions of the Land Code of Ukraine are currently subject to a moratorium until January 1, 2018.

However, since the Law on agricultural land turnover has not yet been adopted and even not submitted to parliament, people's deputies voted to extend the moratorium on sale or other means of alienation of agricultural land for one year.

 

 

 

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