Ukrainian law

Legal news in Ukraine: Anti- bullying law has come into force, Verkhovna Rada returned to work, Congress of the law schools’ representatives will be held in February, Supreme Court fined for abuse in documents

20.01.2019 / 17:00

Legal news in Ukraine: Anti- bullying law has come into force, Verkhovna Rada returned to work, Congress of the law schools’ representatives will be held in February, Supreme Court fined for abuse in documents

The Law on the fight against bullying has come into force

On January 19, 2019, the Law «On Amendments to Certain Legislative Acts of Ukraine on fighting bullying» came into force.

Bullying will be punished by a fine from 50 to 100 tax-free minimum incomes, or public works for a period from 20 to 40 hours.

For a violation committed by a group of persons, or committed repeatedly a fine will amount to from 100 to 200 tax-free minimum incomes and public works – from 40 to 60 hours.

If the Law has been violated by people aged 14-16, then their parents will be punished by fine or public works.

If the head of the educational institution does not report about harassment to the National Police, then he will be fined from 50 to 100 tax-free minimum incomes, or punish by one month of corrective labor, with deducting part of the salary – up to 20%.

The Verkhovna Rada approved a law on the provision of social services

The Verkhovna Rada adopted the Law of Ukraine «On Social Services», which defines the main organizational and legal framework for the provision of social services aimed at prevention, overcoming of complex life circumstances and/or minimizing their consequences to persons / families in difficult living conditions.

The basic social services are:

home care, day care; supported accommodation; social adaptation; social integration and reintegration; shelter; emergency (crisis) intervention;

consultancy; social support; representation of interests; mediation; social prophylaxis;

natural aid; physical support for persons with disabilities who have a disturbance in the musculoskeletal system and move in wheelchairs, visual impairment;

translation of the written language; care and upbringing of children in conditions close to family;

support during inclusive education; informing

This Law applies to citizens of Ukraine, foreigners and stateless persons who legally reside or are on the territory of Ukraine, including persons covered by the Law of Ukraine «On refugees and persons in need of additional or temporary protection» and belong to vulnerable groups of the population and/or are in difficult life circumstances.

The deputies defined the conditions for changing the subordination of religious organizations

The Verkhovna Rada adopted the Law «On Amending Certain Laws of Ukraine on Subordination of Religious Organizations and the Procedure for State Registration of Religious Organizations with Legal Status».

The decision to change subordination is made by the general meeting of the religious community - not less than two thirds of the number of its members. The decision to change the subordination must be registered.

A part of the community that is inconsistent with the decision to change subordination has the right to form a new community and to conclude an agreement on the use of a religious building and property with their owner (user). The announcement of state bodies on the formation of a religious community is not obligatory.

The law prohibits any action that may result in the alienation of property of a religious organization, in particular its sale, exchange, mortgage, free transfer to ownership and management of other persons, until the procedure for changing subordination is completed.

The Final Provisions of the Law stipulate that a religious organization, in the event of a decision to change its subordination, shall notify such decision to the central executive authority, which implements the state policy in the field of religion, or the oblast, Kyiv and Sevastopol city state administrations.

Congress of law schools’ representatives will be held in February

High Council of Justice has determined that the Congress of law schools and academic institutions’ representatives will be held at the Taras Shevchenko National University of Kyiv. The congress will be held on February 28, 2019.

It should be noted that the congress will elect members of the High Council of Justice. Membership of current HCJ members from legal universities and scientific institutions ends on April 28, 2019.

Reception of documents from candidates will be completed at 24:00 on January 28, 2019.

The High Council of Justice consists of 21 members. 10 members are elected by the Congress of judges of Ukraine from among retired judges or judges, 2 are elected – by the President of Ukraine, Verkhovna Rada of Ukraine, Lawyers’ congress, all-Ukrainian conference of prosecutors and law schools and academic institutions’ representatives.

The term of office of the elected (appointed) members of the High Council of Justice is four years. The same person cannot hold the position for two consecutive terms.

The Supreme Court fined the complainant for abuse in the documents

The Supreme Court applied a fine in the amount of three sizes of the subsistence minimum for able-bodied persons (5763 UAH) for abuse of procedural rights, reported the press service of the court.

This decision was made by the Supreme Court during the verification of the cassation appeal to the Ministry of Internal Affairs of Ukraine and the High Council of Justice to declare decisions and orders illegal and invalid.

The court of cassation has returned a cassation appeal to the complainant due to the lack of grounds for appealing the court decision.

In addition, this cassation appeal contains inadmissible obscene remarks against the judges of the Sixth Appeal Administrative Court.

The panel of the Cassation Administrative Court’s judges noted that the parties should prevent the use of obscene vocabulary, both when filing documents for submission to the court of all instances and in public life, as obscene language does not enhance the effectiveness and persuasiveness of information in official business documents, but testifies about cultural vacuum and demonstrates disrespect for judges.

According to paragraph 2 of paragraph 1 of Article 149 of the Code of Administrative Procedure of Ukraine, the court ruled on a fine imposed on a complainant for abuse of procedural rights.

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