Ukrainian law

Legal news in Ukraine: 8th January - 13th January 2018

13.01.2018 / 11:00

Legal news in Ukraine: 8th January - 13th January 2018

The Supreme Court starts to hear cases

The Supreme Court unveiled the date for review of the first cases by cassation courts.

on December 22, 2017, Criminal Cassation Court began considering applications for criminal proceedings from one court to another within the jurisdiction of different appellate courts, and the cassation administrative court already reviewed the appeal electoral complaint on January 8, 2018.

The Civil Cassation Court will review the first cassation complaints on January, 16, and Criminal Cassation Court - on January, 23.

At the same time, on the site of the Supreme Court in the list of cases for consideration, today contains information about the consideration of 36 cases by judges of the Civil Cassation Court on January 16.

As of January 5, the Supreme Court has already received more than 10 thousand cases, and by January 15 still waiting for the transfer of 72 thousand cases from the higher specialized courts that stopped to work.

The list of circumstances aggravating the commission of a crime has changed

On January 12, amendments to Article 67 of the Criminal Code of Ukraine regarding the aggravating circumstances of penalties entered into force. Corresponding changes were made by the Law No. 2227-VIII "On Amendments to the Criminal and Criminal Procedural Codes of Ukraine in order to implement the provisions of the Council of Europe Convention on the Prevention of and the Prevention of Violence against Women and Domestic Violence and the fight against them".

In particular, the list of circumstances is supplemented with a new paragraph. Thus, the commission of a crime against a spouse or an ex-spouse or other person with whom the perpetrator is in family or intimate relations is now considered a burdensome circumstance in imposing a punishment.

It is also a burdensome fact that the commission of a crime on the basis of sexual attachment and the commission of a crime against a person with a disability or a person in a helpless state or a person suffering from a mental disorder, in particular dementia, intellectual disabilities, and the commission of a crime in the presence of a child.

Amendments to the Commercial Procedural Code for simplified proceedings have been made

On January 7, the amendments to the Commercial Procedural Code introduced by Law No. 2234-VIII "On Amendments to Certain Legislative Acts of Ukraine on the Strengthening of the Protection of the Right of the Child to Proper Maintenance by Improving the Procedure for Compulsory Recovery of Arrears for Payment of Alimony" entered into force.

Changes are made to certain articles of the Civil Code of Ukraine, which mainly concern the procedure for reviewing cases in simplified proceedings.

Consideration of the case essentially in the form of a simplified proceeding begins with the opening of the first court session or 30 days from the day the proceedings are opened, unless a court hearing is held. Consequently, a simplified proceeding may be conducted without a court hearing, in this regard, a 30-day period from the date of opening of proceedings for the consideration of the case in essence in the manner of such proceedings.

If the court proceedings are not conducted in accordance with this Code in order to review the case in accordance with this Code, the procedural actions, the term of which according to this Code is limited to the first trial in the case, may be committed within 30 days from the date of opening of the proceedings. A preparatory meeting is not conducted in the course of simplified proceedings. Consequently, a term for conducting procedural actions during the consideration of the case in the order of simplified proceedings is established in the event that the court session is not held.

In addition, the moment of commencement of consideration of cases in the court of appeal is changed - the consideration of cases in the court of appellate instance begins with the opening of the first court session or 15 days from the date of opening of the appeal proceeding, if the case is considered without notice of the participants of the case.

The regular congress of judges will be held in March

The newspapers "Holos Ukrainy" and "Uryadovy Kurier" have published announcements about the convocation of the XVth regular congress of judges of Ukraine.

The Congress will be held on March 5-7, 2018 at the International Center of Trade Unions of Ukraine (formerly the October Palace) at the address: Kyiv, Avenue of Heroes of Heavenly Hundreds, 1.

At the congress of judges, they plan to elect two members of the High Council of Justice, one member of the High Qualifications Commission of Judges of Ukraine and members of the Council of Judges.

In addition, it is planned to bring the issue of the state of the administration of justice in the context of judicial reform to the discussion of the XV of the regular congress of judges of Ukraine, in particular:

reports of the Council of Judges of Ukraine on the fulfillment of the tasks of the bodies of judicial self-government in ensuring the independence of courts and judges; the state of organizational and financial support of the activity of courts;

information of the High Qualifications Commission of Judges of Ukraine on its activities;

the information of the Head of the State Judicial Administration of Ukraine on its activities, in particular regarding the organizational, financial and logistical support of the activities of the judicial authorities.

Recall that the High Council of Justice and the High Qualifications Commission of Judges have already announced the commencement of acceptance of documents from candidates for election to the congress of judges of Ukraine.

The government has approved the transfer of working days in 2018

The Cabinet of Ministers of Ukraine adopted an order to postpone working days in 2018.

For employees of enterprises, institutions and organizations that have established a five-day working week with two days off (Saturday and Sunday), the government decided to celebrate in 2018:

March 8 - International Women's Day on Friday, March 9, move to Saturday March 3;

May 1 - Day of labor Monday, April 30, move on Saturday, May 5;

June 28 - Day of the Constitution of Ukraine on Friday, June 29, transfer to Saturday, June 23;

December 25 - Christmas December Monday, December 24, move to Saturday December 22;

in 2019 January 1 - New Year, Monday December 31, move to Saturday 29 December.

The transfer of working days does not apply to the bodies of the Pension Fund, the Ukrainian state postal company Ukrposhta, the State Treasury Service and banking institutions.

The Government's order for the transfer of working days is always of a recommendatory nature. Therefore, the final decision on the transfer of weekends and business days in the enterprise, in accordance with the Code of Labor Law, is taken by the owner or the authorized body (leader) of the enterprise by issuing an order or other regulatory document.

The Ministry of Education and the Ministry of Justice agreed on the concept of the development of legal education

Representatives of the Ministry of Education and Science and the Ministry of Justice reached agreement on the most controversial issues of the Concept of Legal Education Development, the work of which began in 2016.

The Concept introduced the concept of "legal professions", conditionally divided into regulated and unregulated. The first will be judges, prosecutors, lawyers and notaries whose preparation should be as high as possible.

It is envisaged that young people who intend to work in this profession will make a single qualification examination both after graduation and before entering. For example, a prospective lawyer must successfully complete a post-graduate (integrated) master's program, complete a Single Qualification Exam (ECI), and, in addition, have some experience. And only then will he receive the right to make a special qualification examination for the right to engage in advocacy. Approximately the same difficult path awaits those who are planning to become judges, prosecutors or notaries. It is precisely because of the clarity and toughness of the admission procedure that these legal professions are called regulated.

A new phenomenon for Ukraine will be a cross-cutting, or integrated master's degree, an approach that is successfully used in the training of specialists in individual legal professions in European countries, in particular in Sweden and Poland. Studying through the undergraduate magistracy, which will be preceded by two-year undergraduate and graduate examinations, will last for three and a half years. At the end of this period, the student will make a single qualification exam - a kind of "ticket" to the possibility of further development in one of the regulated legal professions. At the same time, it is planned to establish only an on-going magistracy course.

At the same time, for non-regulated professions, for example in the field of commercial or corporate law, the Concept provides for a more liberal model for obtaining legal education. Students of these legal professions can study in absentia or after four years of studying and completing the exam to stay at the "Bachelor of Law" level.

One of the important areas of work will also be the creation of clear professional standards for each legal profession, the content of which will also reflect the academic standards of law universities.

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