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Ukrainian law

Legal news in Ukraine: amendments to the Criminal Code, judges' qualification assessment, model decision of the Supreme Court, new procedure of the lawyer's examination, recalculation of pensions for state employees

21.04.2018 / 11:00

Legal news in Ukraine: amendments to the Criminal Code, judges' qualification assessment, model decision of the Supreme Court, new procedure of the lawyer's examination, recalculation of pensions for state employees

Amendments to the Criminal Code that set the minimum age of sexual consent have come into force

On April 18, the Law of Ukraine No. 2334-VIII "On Amendments to the Criminal Code of Ukraine on the Protection of Children from Sexual Abuse and Sexual Exploitation" came into force.

The law provides for amendments to Article 155 of the Criminal Code of Ukraine, which criminalize voluntary sexual intercourse with a person who has not reached the age of 16, committed by an adult. This involves liability in the form of restraint of liberty for a term up to five years or imprisonment for the same term.

Thus, a minimum age for adolescence is in line with the recommendations of the United Nations Committee on the Rights of the Child, and there is no need for compulsory forensic examination to establish the maturity of the victim, which greatly facilitates the process of qualification and proof of this crime.

In addition, the use of the age criterion proposed in the Law and the refusal to use the term "sexual maturity" will dramatically reduce the probability of objective attitude to blame, since the subjective part of this crime requires a guilty awareness that the victim has not reached puberty.

109 judges passed the qualification assessment

The High Qualifications Commission of Judges of Ukraine this week held interviews and determined the results of the qualification evaluation of 141 judges of local and appellate courts for their position.

As a result, 109 judges passed qualification assessment.

They are judges of the appellate courts in Lviv, Mykolayiv, Zhytomyr, Kirovograd, Vinnytsya, Cherkasy, Kharkiv, Dnipropetrovsk, Zakarpattia, Zaporizhzhia and Donetsk regions.

Also, judges of Obolonskiy, Darnytskiy, Solomyanskiy, Svyatoshinskiy and Dniprovskiy district courts of Kyiv and more than 20 judges from local courts of other regions passed qualification assessment.

Judge of the Dniprovskiy district court of Kyiv Yaroslav Vernidubov, judge of the Pechersk district court of Kyiv Viktoria Gorkawa and Kateryna Moskalenko, judge of the Desnianskiy district court of Kyiv Sergiy Yaroshenko, judge of the Shevchenkivskiy district court of Kyiv Valentyna Malinovska, judge of the Zhovtneviy district court of Dnipropetrovsk Yevhen Bashmakov and judge of the Berdychivskiy district court of Zhytomyr region Denis Shcherbak didn’t pass qualification assessment.

Supreme Court issued a model decision in the case of recounting pensions to prosecutors

The Supreme Court considered as a model administrative case on the refusal of the prosecutor's office to issue a certificate of salary for the recalculation of pensions.

According to the press service, the decision in the model case was approved by the Supreme Court in the composition of the panel of judges of the Cassation Administrative Court on April 16, 2018.

Recall that in a lawsuit against the Prosecutor's Office of Chernihiv region, the plaintiff asked for an illegal refusal to issue a certificate of wages and to oblige to issue such a certificate in accordance with the Resolution of the Cabinet of Ministers of Ukraine of August 30, 2017 No. 657 "On Amendments to certain Resolutions of the Cabinet of Ministers of Ukraine regarding wages of employees of the prosecutor's office " at the date of September 1, 2017.

The petitioner substantiated his claims that the defendant, when giving a response to the absence of the right of the prosecutors to recalculate the pension in accordance with the Law of Ukraine "On the Prosecutor's Office" in connection with the adoption of the Law of Ukraine "On Amending Certain Legislative Acts of Ukraine on Pensions" acted not within the powers defined by the Constitution and laws of Ukraine. According to the plaintiff, the unlawful actions of the defendant violate his right to apply to the pension authority to receive a pension in a larger amount.

However, the Supreme Court refused to recognize the illegal actions of the prosecutor's office of the Chernihiv region for refusing to issue a certificate of wages and the obligation to issue such a certificate.

A new procedure for drawing up a lawyer's exam is approved

The Ukrainian National Bar Association, by its decision of March 30, approved the Concept of reforming the procedure for passing the qualification examination for obtaining the right to engage in advocacy.

In particular, it is determined that from September 1, 2018, passing the qualification exam will take place under the new procedure.

Changes are provided both in the order of filing documents for the qualification examination, as well as in the actual procedure of the lawyer's examination.

To complete the qualifying examination, the documents will be served through a "one-stop shop" on the website of the Ukrainian National Bar Association and automatically distributed applications at the place of residence. You will be able to pay a fee for passing the exam upon submitting the application form and independently selecting the date of the exam on the site.

Indeed, the qualification examination procedure will include testing for the identification of theoretical knowledge in the field of law, the history of the advocacy and ethics of the advocate, and practical tasks with the solution of legal tasks, the preparation of procedural and other documents necessary for the lawyer in their daily work.

The law test will include 100 questions, grouped into 10 thematic blocks. It will take 2 hours 20 minutes to complete it.

In the case of receiving 94% of the correct answers for the tests, the applicant will be admitted to the second stage of the exam.

Practical tasks will include three blocks: criminal law and process, civil / economic / administrative law and process, work with the client (drawing up a contract on legal aid, correct filling the order, consulting, etc.).

Time for the practical part - four and a half hour, at the rate of 1.5 hours per block.

In examining practical tasks, the form and content, legal justification, ECHR practice and finesse will be assessed.

The results will be uploaded to the Ukrainian National Bar Association and will be checked by qualification and disciplinary commission of the bar. The result will come to your personal cabinet on the website of the National Bar Association within 1 month.

In this case, there is a possibility to appeal the decision of the regional qualification and disciplinary commission of the bar to the Higher Qualification and Disciplinary Commission of the Bar for 1 month, and the Higher Qualification and Disciplinary Commission of the Bar, in turn, has the right to cancel the decision of the qualification and disciplinary commission of the bar and make a decision on issuing the certificate.

The cancellation of pension payments to state employees was appealled to the Constitutional Court 

the Constitutional Court of Ukraine received a petition from the deputies, in which the court is asked to declare unconstitutional rules for the abolition of the recalculation of pensions for state employees from 2015.

The submission states that since 2003 there was a norm in the Law on Public service of 1993 that allowed a retired civil servant to receive an increase in his pension based on what salary earned a state employee of the same rank and in the same or similar position, that is, in the event of an increase in the salaries of working state employees, the recalculation of previously assigned pensions was carried out.

However, from 2015, the government was empowered to determine the conditions and procedures for recalculating assigned pensions to state employees. However, the Cabinet did not establish provisions in its acts that would fix the possibility of recalculation of pensions in connection with the increase in the salaries of working state employees.

Moreover, after a new Law on Public service had come into the forse in 2016, article 37-1 of the Law of Ukraine on Public service  of 1993 became invalid. Therefore, starting from 01.12.2015, retired state employees haven’t been receiving a pension recalculation due to the increase in salaries of working state employees.
Therefore, deputies ask the Constitutional Court to admit that certain provisions of the law Public service of 2015, the Laws No. 889-VIII, 76-VIII, 213-VIII do not correspond to the Constitution of Ukraine.

If the Constitutional Court finds unconstitutional the aforementioned norms, then from the day the relevant decision of the Constitutional Court of Ukraine will come into force, the legal basis for the recalculation of pensions in the event of salaries increase for working civil servants will be resumed.

The order of the independent external evaluation for the admissions-lawyers for the magistracy has been approved

The Ministry of Education and Science has determined how this year entrance examinations for entrants to the magistracy in the specialties "Law" and "International Law" will be organized and held, conducted on the technology of external testing.

Such entrants will be the only entrance exam in a foreign language: English, or German, or French, or Spanish and a single faculty entrance exam for law and general educational legal competences. The block "Law" will contain a test of 8 disciplines (constitutional, administrative, civil, civil procedural, criminal, criminal procedural law of Ukraine, international public law and international protection of human rights). The second block will include the testing of such competencies: analytical thinking, critical thinking, logical thinking.

Registration of participants will begin on May, 14 and will last until June, 5. The exam on a foreign language will take place on July, 11, and on the law and legal competences – on July, 13.

The test results will be posted in the electronic cabinets of the participants on the website of the Ukrainian Center for Educational Quality Assessment.

The budget for advising on enrollment will be held before August, 13, namely enrollment - until August, 20.

Law that allows the legalization of self-assemblies, built in the period from 1992 to 2015, came in force

The Law "On Amendments to the Law of Ukraine "On Regulation of Urban Development "regarding the extension of the acceptance period for construction projects constructed without permission for construction work" came into force on April, 20, 2018.

The law states that the state architectural and construction control body is free of charge within 10 working days from the date of submission of the application by the owners (users) of the land plots where the construction objects are located, which, according to the class of consequences (liability), belongs to objects with minor consequences ( СС1), built on a land plot of the appropriate purpose without a permit document for the execution of construction works, according to the results of the technical survey takes into operation:

built from August 5, 1992 to April 9, 2015, individual (mansion) houses, garden, country houses with a total area of up to 300 square meters, as well as household (private) buildings and structures with a total area of up to 300 square meters;

built up to March 12, 2011 buildings and structures for agricultural purposes.

Corresponding changes are introduced into Section V "Final Provisions" of the Law of Ukraine "On Regulation of Urban Development".

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