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Legal news in Ukraine: appointment of judges of the Constitutional Court, new decisions of the Constitutional Court, first reading of the anti-corruption court bill, creation of a new ministry, decision of the Supreme Court in the case of the ECHR

03.03.2018 / 18:15
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Legal news in Ukraine: appointment of judges of the Constitutional Court, new decisions of the Constitutional Court, first reading of the anti-corruption court bill, creation of a new ministry, decision of the Supreme Court in the case of the ECHR

Two judges of the Constitutional Court have been appointed by the President's quota 

President of Ukraine Petro Poroshenko has appointed two judges of the Constitutional Court of Ukraine.

By decrees of February 27, Sergei Holovaty and Vasyl Lemak have been appointed judges of the Constitutional Court.

And already on March 2, newly appointed judges of the Constitutional Court of Ukraine Serhii Holovaty and Vasyl Lemak during the solemn ceremony took the oath of office of a judge.

Serhiy Holovaty was twice a Minister of Justice, a deputy at six congresses of the Verkhovna Rada of Ukraine. In early December 2017 he was elected Vice-President of the Venice Commission's Rule of Law Subcommittee, Corresponding Member of the National Academy of Legal Sciences of Ukraine and a member of the Constitutional Commission.

Vasyl Lemak is the head of the Department of Theory and History of State and Law of the Law Faculty of Uzhhorod National University. From 2012 to August 2013 he served as the first prorector of the Uzhgorod National University. The working group of the Council on Judicial Reform of Ukraine was the developer of the draft law "On the Constitutional Court of Ukraine".

Thus, now in the Constitutional Court - there are already 16 out of 18 judges. The appointment of two more remains under the Verkhovna Rada.

The language law was declared unconstitutional due to violation of the procedure of its adoption

The Constitutional Court of Ukraine declared unconstitutional the Law of Ukraine "On the Principles of the State Language Policy".

In the reasoning part of the Decision, the Constitutional Court of Ukraine noted that the procedure for reviewing and approving the disputed Law took place in the aggregate of the following circumstances: the absence of a draft for the second reading in the form of a comparative table, as well as the conclusion of the committee regarding it during its consideration and approval; inclusion of the bill in the agenda without specifying its full name, registration number, editorial office and initiators of making; no discussion in second reading; depriving people's deputies of Ukraine of the right to consider amendments and proposals submitted to them to the project; non-personal voting; interference with voting and voting of some people's deputies by cards of others.

According to the Constitutional Court of Ukraine, the combination of the above circumstances indicates that the Verkhovna Rada of Ukraine has violated the procedure for consideration and adoption of the bill, which also calls into question the compliance with the requirements stipulated by Article 91 of the Constitution of Ukraine.

The CCU concluded that the violation of the constitutional procedure for consideration and approval of the draft Law No. 9073 during its adoption as a whole at the evening plenary session of the Verkhovna Rada of Ukraine on July 3, 2012 had a systemic character and significantly influenced the final outcome of the adoption of the Law.

Thus, the Law of Ukraine "On the Principles of the State Language Policy" is considered unconstitutional, shall cease to be valid from the date of adoption of this Decision by the Constitutional Court of Ukraine.

The Anti-Corruption Court Bill was adopted as a basis

The Verkhovna Rada of Ukraine adopted in the first reading the presidential bill "On the Highest Anti-Corruption Court".

The bill stipulates that the Supreme Anticorruption Court will act as the court of the first and appellate courts and will consider cases if the subject of the crime or harm is at least 500 times higher than the subsistence minimum for able-bodied persons.

The review of the cassation instance of these cases, as well as the newly discovered and exceptional circumstances will be carried out in the general order.

The bill proposes to establish that the Supreme Anticorruption Court comprises judges in the amount determined in accordance with the Law of Ukraine "On the Judiciary and Status of Judges" within the limits of the expenditures envisaged in the State Budget of Ukraine for the maintenance of this court and with separate installments within the number of judges of the Supreme Anticorruption Court, the number of judges of the Appeals Chamber of the Supreme Anticorruption Court.

The draft proposes to establish additional special requirements for judges of the Supreme Anticorruption Court related to the subject matter competence of the Court and its specialization in criminal proceedings for corruption offenses.

The Final and Transitional Provisions provide for amendments, in particular, to the Code of Ukraine on Administrative Offenses (regarding the establishment of liability, in particular, members of the Public Council of International Experts for the illegal use of information that became known to a person in connection with the exercise of his authority) to the Criminal Procedure Code (including in relation to the consideration of criminal proceedings concerning crimes attributed by the Code to the jurisdiction of the Higher Anti-Corruption Court, which are under consideration by other courts) and the Law of Ukraine "On the High Council of Justice" (regarding the transparency of meetings of the High Council of Justice, which deals with the appointment of judges of the Supreme Anticorruption Court), which are necessary for the implementation of the provisions of the bill after its adoption.

If adopted as a whole, the law should come into force from the day following the day of its publication. Within a month from this day, the State Judicial Administration of Ukraine should determine the number of judges of the Anticorruption Court, and within a year it is necessary to establish the Highest Anticorruption Court.

The court must start work if at least 2/3 of a certain number of judges are elected. When such a number of judges are elected, a judge's meeting should be held within a month, during which judges will determine the day when the High Court of Anti-Corruption begins to work.

The Constitutional Court found unconstitutional the tax of pensions

The Constitutional Court of Ukraine has declared the unconstitutional provisions of the Tax Code of Ukraine regarding the taxation of pensions and monthly life-time maintenance.

In the opinion of the CCU, the introduction of the taxation of a pension, starting with its size, violates the fair approach to the establishment of a pension, as it leads to a reduction in its actual size, which is established taking into account the ratio between the length of the insurance period and the amount of wages (income) of the insured person.

The Constitutional Court of Ukraine also stated that after the introduction of the legislation of Ukraine from July 1, 2014, the taxation of pensions for two years the Verkhovna Rada made changes three times. "Establishment of the Verkhovna Rada in the Ukrainian legislation on the taxation of pensions and the change in the amount from which such taxation commences is contrary to such elements of the constitutional principle of the rule of law as legal certainty, legal predictability, legitimate expectations and justice," added the court.

The provisions of the Tax Code of Ukraine, declared unconstitutional, shall lapse from the date of adoption of this decision by the CCU. The decision of the CCU is mandatory, final and non-objectionable.

Competition in local courts: the preparation of candidates for a judge between assistants starts

Special training of candidates for a judge who has been employed as an assistant judge for at least three years should begin on March 19, 2018. This is reported by the National School of Judges of Ukraine.

The special training of candidates for a judge's position in 2018 will be carried out according to a single standardized program at the same time in four locations: cities of Kyiv, Kharkiv, Lviv, Odessa.

After the decision of the High Qualifications Commission of Judges of Ukraine to send candidates for the position of judge for special training, the National School of Judges of Ukraine will receive the admission of the students. In this regard, each student should choose a regional office from the above.

In determining the place of special training, account will be taken, in particular, of the place of residence and the work of a candidate for a judge's position, availability of housing, etc.

In the framework of the competition for 300 posts of local judges claims 300 assistant judges. According to the schedule of the competition, their preparation will last for 3 months - until June 19, 2018, and then they will be waiting for an exam. Therefore, for the judges' assistants, the contest will end on July 30, 2018.

The Supreme Court awarded compensation under the decision of the ECHR

The Grand Chamber of the Supreme Court has taken measures of an individual character to implement the judgment of the European Court of Human Rights in the case of "I. N. v UKRAINE ».

Thus, the restitutio inintegrum is provided - the restoration to the extent possible of the prior legal status of the plaintiff to the violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Almost 18 years ago, at the request of the prosecutor, the plaintiff was removed from the house by a psychiatric brigade accompanied by police officers, examined by doctors and forced to be hospitalized in a mental hospital.

The reason was the outrageous complaints to the prosecutor, which the plaintiff wrote in an aggressive form due to the long execution, in his opinion, of the duty to uncover theft for which the plaintiff was dismissed from work. Within 9 months he has replaced 3 psychiatric hospitals. Only one of the periods of compulsory placement and retention in a mental hospital was found to be illegal by the courts.

The European Court of Human Rights has recognized the entire period of hospitalization of the plaintiff as contrary to Article 5 § 1 of the Convention, while the nationally awarded non-pecuniary damage in the amount of UAH 2,000 is in violation of paragraph 5 of this article.

Instead, the ECHR ordered Ukraine to pay compensation to the applicant as non-pecuniary damage in the amount of 15 thousand euros.

The plaintiff requested the Grand Chamber of the Supreme Court not to send his case for a fresh consideration, but to cancel the court decisions and adopt a new law on the satisfaction of the claim.

Looking at the court's decision in exceptional circumstances, the Grand Chamber of the Supreme Court took appropriate powers, revoked the judgments in a part that was not in line with the decision of the European Court of Human Rights, and awarded non-pecuniary damage in the amount claimed by the plaintiff.

A new ministry will be set up in Ukraine

The Verkhovna Rada of Ukraine will appeal to the Cabinet of Ministers of Ukraine regarding the creation of the Ministry of Ukraine for Veterans Affairs. The deputies approved the relevant resolution today.

The Ministry should become a central executive body to ensure the formation and implementation of state policy in the field of social protection of veterans of war

The Office is requested to create, on the basis of the State Service of Ukraine for Veterans of War and participants in the antiterrorist operation of the Ministry of Ukraine for Veterans Affairs.

The Cabinet of Ministers of Ukraine should inform the Verkhovna Rada of Ukraine about the implementation of this Resolution within a month.

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