Ukrainian law

Legal news in Ukraine: contests for lawyers of free legal aid and to Judicial Protection Service, Laws on the customs clearance of vehicles and electronic trust services, new decisions of the Constitutional Court and Supreme Court

11.11.2018 / 13:40

Legal news in Ukraine: contests for lawyers of free legal aid and to Judicial Protection Service, Laws on the customs clearance of vehicles and electronic trust services, new decisions of the Constitutional Court and Supreme Court

The Ministry of Justice has announced a competition for lawyers of free legal aid

The Ministry of Justice has announced a competition for lawyers of free legal aid. The contest will be held from December 3, 2018 to January 31, 2019.

Advocates, whose information is in the Unified Register of lawyers of Ukraine, will be admitted to the competition.

The winners of the competition will be providing free legal aid. They will work either by contract or on the basis of an agreement.

The Law on Electronic Trust Services came into force

On November 7, 2018, the Law of Ukraine dated October 5, 2017, No. 2505-VIII «On Electronic Trust Services» came into force. On the same day, the Law of Ukraine of May 22, 2003 No. 852-IV «On Electronic Digital Signature» is no longer in force.

The law should ensure the free circulation of electronic trust services in Ukraine, as well as the possibility of free provision of electronic trust services by providers located in other states, whose activities comply with the requirements of the Law.

Electronic trust services include:

creation, verification and confirmation of an advanced electronic signature or seal;

formation, verification and confirmation of the validity of the electronic signature or seal certificate;

formation, verification and validation of the website authentication certificate;

formation, verification and confirmation of the electronic timestamp;

registered electronic delivery;

storage of advanced electronic signatures, seals, electronic timestamps and certificates associated with these services.

Legal actions that are subjects to a notarial certificate and/or state registration in cases established by law shall be executed electronically only with the use of qualified electronic trust services.

In accordance with Law No. 2155, a qualified electronic signature and a qualified electronic seal are an advanced electronic signature and an electronic seal based on a qualified public key certificate and a qualified electronic seal.

A qualified electronic signature has the same legal validity as a personal signature, and has a presumption of its compliance with the signature.

A qualified electronic seal has a presumption of the integrity of electronic data and the authenticity of the origin of electronic data with which it is related.

Formation and issuance of a qualified public key certificate without identification of a person whose identification is contained in a qualified public key certificate is not allowed.

Identification of an individual who applied for a qualified certificate of a public key is carried out on the passport of a citizen of Ukraine or other documents that make it impossible to make any doubts about such person.

During checking the civil capacity and legal capacity of a legal entity, the information about the legal entity contained in the USR is used and it is established that its civil capacity and capacity is sufficient for the formation and issuance of a qualified public key certificate.

MobileID service will be one of the key services based on the new legislation.

The Parliament approved the Law on Customs clearance of passenger cars

The Ukrainian Parliament approved the Law of Ukraine «On Amendments to the Tax Code of Ukraine regarding the Taxation of Excise Taxes on Motor Vehicles».

The law introduces a new model of the excise tax on motor vehicles. According to the Law, the tax rate for an appropriate vehicle is determined by the formula: Rate = Base rate x engine factor x coefficient of age, where the base rate is the tax rate in euro for one vehicle.

The cost of customs clearance of cars also includes three payments: value added tax (20% of the cost), import duty (10%) and collection to the Pension Fund (3-5% of the cost).

Also, People’s Deputies approved the Law «On Amendments to the Customs Code of Ukraine and certain legislative acts of Ukraine regarding the importation of vehicles into the customs territory of Ukraine».

The competition for the position of the Judicial Protection Service Head has been announced

The competition for the vacant post of the Judicial Protection Service Head will take place on December, 12.

Qualification requirements: higher education in the field of «Law», «Military Sciences, National Security, State Border Security», «Civil Security»; degree of higher education – master’s degree; general work experience – not less than seven years in the field of law, national (state) security, civil security; experience in managing positions – at least five years, fluent knowledge of the state language.

The Constitutional Court ruled on the case of child allowance

The Constitutional Court of Ukraine recognized as constitutional provisions of clause 7 of Section II of the Law of Ukraine «On Prevention of Financial Crisis and Creation of Preconditions for Economic Growth in Ukraine» (No. 1166-VII).

Subparagraphs 1, 4, paragraph 7, of Section II of this Law, amend the Law of Ukraine No. 1166 «On State Assistance to Families with Children» of November 21, 1992, No. 2811-XII.

In particular, paragraph 3 of the first part of Article 3 was excluded. It provides for the appointment of aid for the care of children until they reach the age of 3. Section 4 is also excluded from the law: right for child allowance (Article 13), the conditions for the granting of aid (Article 14) and the amount of aid (Article 15).

The Constitutional Court of Ukraine has decided that child allowance, childbirth aid and child adoption assistance are forms of state aid in the general system of social protection of the population. These payments are auxiliary and stimulating and are provided to give material support to families with children, the creation of appropriate conditions for the maintenance and upbringing of children, the protection of their interests in accordance with the social policy in this area.

The Constitutional Court of Ukraine observes that these aids are established by law and are not specifically defined in the Constitution of Ukraine as constituting the rights to social protection guaranteed by its Article 46. Therefore, the Parliament has the freedom to legislatively regulate the procedure for providing these types of state aid.

Since these aids are not provided by Constitution of Ukraine, they do not extend the guarantees provided by its article 22 regarding the prohibition of the abolition or restriction of content and scope of rights, as defined, inter alia, in Articles 46, 48 of the Fundamental Law of Ukraine.

At the same time, the Court stated in the Resolution that the unification of such state aid does not indicate that the state has shifted from the obligation to protect the family, childhood, maternity and paternity, or violated the principle of equality and the right of everyone to respect their dignity and the right to an adequate standard of living for themselves and their families.

Therefore, the Constitutional Court has the right to state that the provisions of paragraph 7 of Section II of Law No. 1166 do not contradict the requirements of Article 2, Article 8, Article 21, Parts 2, 3, Article 22, and Part 1 of Article 46 of the Constitution of Ukraine.

The Supreme Court has changed the judicial practice in disputes about the child’s place of residence

The Grand Chamber of the Supreme Court has changed the judicial practice in disputes concerning the determination of the child’s place of residence.

The courts found that between 2007 and March 2016, the child, with the consent of the parents, lived with his mother. From March 2016, the child began to live with his father, since his mother left for another city. The dispute over the place of child residence arose after the mother wanted a child to live with her. The parties did not reach a voluntary agreement on determining where the child should live.

The Grand Chamber of the Supreme Court agreed with the findings of the previous instances courts that the child should live with his father. The collected evidence, the child’s opinion and the conclusion of the guardianship body, indicated that the residence of the child with his father is in the child’s best interest.

The Court observes that the Declaration of the Rights of the Child is not an international treaty agreed by the Verkhovna Rada of Ukraine and is not part of the national legislation of Ukraine. And the legislation of Ukraine does not contain norms that would give any of the parents a priority right to live with the child.

In the cases concerning the child’s place of residence, the courts should first of all proceed from the interests of the child, taking into account the social connections, place of study, psychological state, etc.

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