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Legal news in Ukraine: Presidential Draft Law on Advocacy, the rights of female servicemen are expanded, qualification evaluation of judges, new rules for staying in penitentiary institutions

09.09.2018 / 12:58

Legal news in Ukraine: Presidential Draft Law on Advocacy, the rights of female servicemen are expanded, qualification evaluation of judges, new rules for staying in penitentiary institutions

The President introduced to the Verkhovna Rada a draft law on Advocacy

President of Ukraine Petro Poroshenko introduced to the Verkhovna Rada a draft law No. 9055 «On Advocacy and Advocacy».

The bill, in particular, proposes to consolidate the following professional rights in lawyers in addition to those provided by the current legislation:

participation in any investigative or procedural actions in which the client is entitled to participate;

unimpeded access to court premises during working hours and at the time of the trial in a case involving the lawyer's client, as well as to the premises of the courts, prosecutor's offices, the police, the Ministry of Internal Affairs of Ukraine, law enforcement agencies, institutions for pre-trial detention and execution of punishments, state bodies at any time, if there is a client in these premises;

іdentified access to all state registers, including the Unified Register of Pre-trial Investigations, the Unified State Register of Execution Proceedings and the Automated System of Documentation of the Court;

do not disclose the lawyer's secret even if the client has permission;

the use of non-prohibited technical means without the permission of officials or the court.

The bill also establishes additional guarantees of advocacy, namely:

investigative actions, including secret, can only be carried out in the context of a criminal proceeding in which the lawyer is presented with a suspicion of committing a crime, and solely on the basis of a decision of the investigating judge of the appellate court;

invalidity of evidence relating to a client's order;

prohibition of inspection and search in connection with advocacy;

prohibition of collecting information about communication between a lawyer (lawyer's assistant) and a client, lawyer and lawyer's assistant;

security during advocacy.

The bill envisages a new procedure for passing the qualification examination, in particular a qualification examination will be conducted by the High Qualifications Commission of the Bar. A person who wants to become a lawyer will write an anonymous test. The examination will be organized by a qualification commission of the region lawyers.

The bill also fixes the requirements necessary for acquiring the status of a lawyer. In particular, it is anticipated that a person who wants to become a lawyer must have a higher legal education in a master's degree (or equivalent to a higher education in an educational qualification level of a specialist); work experience as a lawyer's trainee and/or judge, prosecutor; to possess the state language and to compile qualifying test with a positive result.

The parliament has expanded the rights of women servicemen

The Verkhovna Rada approved the Law of Ukraine «On Amendments to Some Laws of Ukraine on Ensuring Equal Rights and Opportunities for Women and Men during the Military Service in the Armed Forces of Ukraine and Other Armed Forces»

The Legislative Act amends a number of provisions of the Law of Ukraine «On Military Duty and Military Service» and of paragraph 269 of the Statute of the Internal Service of the Armed Forces of Ukraine.

These changes and additions provided the persons of both sexes with equal opportunities for concluding a contract for military service, having determined that women could enter into a contract for military service until the age of military service was reached.

It should be noted that according to the first and second part of the first part of Article 20 of the Law of Ukraine «On military duty and military service» a contract for the military service can be concluded between a woman aged 18 and 40. At the same time, there is no such restriction for men. In this case, the maximum age of staying in the reserve of military-women (regardless of the military ranks assigned to them) is 50 years.

However (unlike men), they do not take into account their military rank. Therefore, the Law also enshrines the principle that women should be on an equal footing with men in military service, which includes equal access to positions and military ranks and equal responsibilities in the performance of military service duties.

The law abolished the restrictions on the appointment of female servicemen in day-to-day dressings, travel on duty and exemption from passing fees.

Exams within the qualification evaluation of judges are completed

Exams in the framework of the judges’ qualification evaluation for compliance with the positions was completed on August 30, 2018.

They were supposed to have 5,157 local and appellate court judges. During the period from February 14 to August 2018, the Commission conducted 176 separate stages of the exam.

4,742 of the 5,157 judges came to pass exams.

The maximum number of points based on the results of such testing is 90 points. According to the results of anonymous written testing: 12 judges received from 0 to 45 points, 77 judges received from 45 to 60 points, 663 judges received from 60 to 75 points, 4 020 judges received from 75 to 90 points.

It is worth to remind that the qualification assessment consists of the following stages: testing of personal moral and psychological qualities and general abilities, examination, interview according to the results of the study file.

The Ministry of Justice has approved new rules for staying in penitentiary institutions

The Ministry of Justice has adopted in the new wording the Rules of the Internal Order of Penitentiary Entities.

The new rules clearly stipulate that convicted persons should not be subjected to cruel or inhumane treatment; Expanded list of services that convicts can use; convicted persons have the right to take part in labor activities; the right to directly appeal to the administration – with the request to make a statement on conditional release from serving a sentence or to replace the part of the sentence that was not served on a softer one.

In addition, prohibitions exclude smoking in disciplinary isolators, lock-ups, chamber-type rooms and single cells; the ban on staying prisoners at sleeping places in the unforeseen time of sleep is excluded; certain aspects of the correspondence order have been changed.

According to the recommendations of the psychologist, short-term visits can be provided in open conditions (without continuous separating glass and negotiating device). The rights of convicted prisoners for telephone conversations are also expanded.

From now on sentenced to imprisonment, who have arrears under executive documents, are required to work in places and at work determined by the administration of the colony, until the repayment of such arrears.

Among other innovations: convicted men are allowed to wear a short beard and mustache, provided that they meet the requirements of hygiene and it is prohibited to install video cameras in cameras where medical examinations of prisoners and personal searches with stripping are conducted, also in living rooms of long visits, as well as in baths, locker rooms , shower and toilet rooms.

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