Ukrainian law

Legal news in Ukraine: changes to the Criminal Procedure and Criminal Codes, the appointment of the ombudsman and deputy chairman of the Constitutional Court, disciplinary statute of the National Police, new amounts of compensation for court costs

17.03.2018 / 11:00
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Legal news in Ukraine: changes to the Criminal Procedure and Criminal Codes, the appointment of the ombudsman and deputy chairman of the Constitutional Court, disciplinary statute of the National Police, new amounts of compensation for court costs

The amendments to the Criminal Procedure Code have been introduced

On March 15, amendments to a number of articles of the Criminal Procedure Code of adopted by parliament in the framework of judicial reform were put into effect.

Amendments to the Criminal Procedure Code established new rules for filing and reviewing applications for the application of criminal proceedings in territorial jurisdiction. From now on, such applications are filed in court, within the territorial jurisdiction of which is a (registered) body of pre-trial investigation as a legal entity. The same applies to applications on the application of precautionary measures and the issuance of searches.

Changes were made to the rules for calculating the terms of pre-trial investigation - it was established that the countdown of the pre-trial investigation period was calculated from the moment the information was submitted to the state register of pre-trial investigations and from the moment of the notification of suspicion.

Thus, since the introduction of the information to the state register of pre-trial investigations, the investigator will be from 6 (for criminal offenses) to 18 (for serious and especially serious crimes) months for the investigation of any case, and from the moment of notification of suspicion - a maximum of 2 months. It will be possible to extend the term of a pre-trial investigation to a maximum of 12 months, but now the decision on extension of the pre-trial investigation period will be taken by the head of the local prosecutor's office, the Deputy Prosecutor General, if such extension does not exceed three months. If the pre-trial investigation should be extended to six months or a year, then such a decision should be taken by the investigating judge upon the request of the investigator, agreed with his supervisor. Such decisions of the investigating judge will not be subject to appeal.

It is important that the application for extension of the pre-trial investigation period is submitted not later than five days before the expiration of the pre-trial investigation period, and is not subject to renewal during the term of the pre-trial investigation.

Amendments to the Criminal Procedure Code give the right to appeal the notice of the investigator, the prosecutor of suspicion after the expiration of one month from the day the person was informed of the suspicion of committing a criminal offense or two months from the day the person was informed of the suspicion of committing the crime, but not later than the prosecutor's closure of the criminal proceedings or appeal to the court with an indictment.

As regards conducting searches, new rules have emerged: in the request for a search, now, among other things, it is necessary to indicate individual or tribal signs of things, documents, other property or persons that are planned to be found, as well as their connection with the criminal offense committed; an investigating judge may refuse a search unless it is proved that the search is the most expedient and effective way to find and remove things and documents; if the judge refused to conduct a search, then such a petition can not be filed again.

Amendments to certain articles of the Criminal Procedure Code suggest that the investigator or prosecutor is now obliged to apply not to an expert but to an investigating judge for an expert examination. At the same time, the investigating judge independently determines the expert to be involved or the expert institution, which should be entrusted with the conduct of the examination.

Changes to the Criminal Procedure Code, which entered into force on March 15, 2018, have no retroactive effect in time and apply to cases in which criminal offense information is entered into the Unified Register of Pre-trial Investigations after the introduction of these changes.

Prosecutor's Office, police, national anti-corruption bureau and courts had been opposed to such legislative short stories before they came into force. However, parliament aren’t in hurry to abolish new rules of the Criminal Procedure Code.

A new Commissioner for Human Rights has been appointed

The Verkhovna Rada of Ukraine appointed Lyudmila Denisova to the Human Rights Commissioner.

This post by the law will be held Denisova for 5 years.

In general, three candidates were nominated for the post of Ombudsman: Sergei Alekseev, Lyudmila Denisova and Andriy Mamaliga. Later Alekseyev withdrawn his candidacy.

It should be recalled that the election of the ombudsman would have taken place in the spring of 2017. Then Valery Lutkovska completed the 5-year term of cadence in the position of the Commissioner. However, the appointment of the new Commissioner was delayed until 2018 and all this time Lutkovska continued to head the office of the ombudsman.

The government has approved new ceiling for compensation for court cases

The Cabinet of Ministers of Ukraine introduced amendments to the Resolution No. 590 "On the Limits of Compensation of Expenses Regarding the Review of Civil and Administrative Matters and the Procedure for Their Compensation at the Expense of the State," setting new amounts of compensation. Amendments made by the Cabinet of Ministers on February 28, 2018, No. 155.

Thus, for lost earnings - the party in favor of which a court decision has been made, its representative in connection with appearance before the court compensation is calculated for each hour in proportion to the average wage of a person calculated in accordance with the paragraph of the third paragraph 2 of the Procedure for calculating the average wage , approved by the Resolution of the Cabinet of Ministers of Ukraine of February 8, 1995, No. 100, however, the total amount of payment can not exceed the amount calculated at the appropriate time, based on the three times the subsistence minimum.

In case of separation from ordinary occupations, the party in whose favor the judgment was made, his representative in connection with the appearance before the court of compensation is calculated in proportion to the size of the subsistence minimum for able-bodied persons, established by law on January 1 of the calendar year in which the procedural decision is made, or the procedural action is carried out, and can not exceed its size, calculated for the actual hours of separation from ordinary occupations.

Compensation for expenses associated with conducting a review of evidence of their location and other actions necessary for the consideration of the case may not exceed 50 per cent of the subsistence minimum for able-bodied persons for a set of actions necessary for the consideration of the case, and for expenses, with the relocation to another settlement and for hiring a dwelling, - the party in whose favor the court decision has been made, to its representative - can not exceed the rates established by the legislation of reimbursement of expenses for business trips.

Compensation of court expenses in civil and administrative cases is carried out at the expense and within the limits of budget allocations of the courts which made the corresponding decision. If both parties in a civil or administrative case are exempt from legal fees, they are compensated by the state at their actual amount, but no more than the maximum amount of compensation for such expenses.

Verkhovna Rada adopted the Disciplinary Statute of the National Police

Verkhovna Rada adopted the Law "On the Disciplinary Statute of the National Police of Ukraine".

The legislative act adopted the Disciplinary Regulations of the National Police of Ukraine, elaborated by the Ministry of Internal Affairs of Ukraine in pursuance of sub-item 8 of clause 7 of section XI "Final and Transitional Provisions" of the Law of Ukraine "On National Police".

This Statute determines the essence of the service discipline in the National Police of Ukraine, the powers of the police and their executives, types of incentives and disciplinary penalties, as well as the procedure for their application and appeal.

Force of the law shall apply to the commanding officers of the National Anti-Corruption Bureau of Ukraine, rank and file and commanders of the State Criminal Execution Service of Ukraine and the tax militia who must strictly adhere to its requirements.

According to Part 2 of Article 19 of the Law of Ukraine "On National Police", the grounds and procedure for bringing the police to disciplinary liability, as well as the application to police rewards, are determined by the Disciplinary Statute of the National Police of Ukraine, which is approved by law.

Verkhovna Rada adoptedchanges to the Criminal Code

Verkhovna Rada of Ukraine adopted the Law "On Amendments to the Criminal Code of Ukraine on the Protection of Children against Sexual Abuse and Sexual Exploitation".

Changes to the legislation of Ukraine on the protection of children from sexual abuse and sexual exploitation have been developed in order to harmonize Ukrainian legislation with the provisions of the Optional Protocol on the sale of children, child prostitution and child pornography to the UN Convention on the Rights of the Child (hereinafter referred to as the Optional Protocol) ratified by the Verkhovna Rada of Ukraine April 3, 2003, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (hereinafter referred to as the Lancaster Convention), ratified by Ukr June 20, 2012 and the European Social Charter (revised), ratified by Ukraine on September 14, 2006.

The Law expanded the circle of subjects of articles 155, 156 of the Criminal Code of Ukraine, by the use of the phrase "close relatives or family members" in the sense of paragraph 1 of Part 1 of Art. 3 of the Criminal Procedural Code of Ukraine.

The law also supplements Article. 302 of the Criminal Code of Ukraine "Establishment or maintenance of places of deportation and bribery", part 4, which provides for the responsibility for the commission of such activity with the involvement of a minor and punishment in the form of imprisonment for a term of five to ten years.

The deputy сhairman of the Constitutional Court of Ukraine has been elected

March 15 at the special plenary session of the Constitutional Court of Ukraine Oleksandr Tupitsky was elected the Deputy Chairman of the Constitutional Court of Ukraine.

In accordance with the Law of Ukraine "On the Constitutional Court of Ukraine", the Deputy Chairman of the Constitutional Court of Ukraine, on the proposal of the President of the Court, shall be elected by secret ballot by the submission of ballots for only one three-year term. The Deputy Chairman of the Court is considered elected if at least ten judges of the Constitutional Court of Ukraine have voted for him.

Oleksandr Tupitsky was appointed a judge of the Constitutional Court of Ukraine by the President of Ukraine in May 2013. Previously, he worked as a judge of the Kuybyshevsky District Court of Donetsk and simultaneously headed this court.

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