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Legal news in Ukraine: courts in Crimea and Donbass, judges' qualification, summons to the court, medical reform, Commentary on the Bangalore Principles of Judicial Conduct

03.02.2018 / 11:00

Legal news in Ukraine: courts in Crimea and Donbass, judges' qualification, summons to the court, medical reform, Commentary on the Bangalore Principles of Judicial Conduct

The High Council of Justice suspended the work of 84 courts in the occupied territories

The High Council of Justice suspended the work of 84 local and appellate courts in the occupied Crimea and Donbass.

On January 9, 2018, the Supreme Court of Justice received the submission of the Chairman of the Supreme Court to suspend the work of courts in the Autonomous Republic of Crimea, Donetsk and Luhansk regions. The content of the submission is believed to be made in connection with anti-terrorism measures in the areas where courts are located and in order to ensure the proper transfer of judges to a permanent place of work to other courts of the same level without a competition.

The decision refers to the cessation of the work of 36 courts in the occupied Crimea, 31 courts in the Donetsk region, which is not controlled by the Ukrainian authorities, and 17 courts in Lugansk region that are not under the control of Ukraine.

According to part seven of Article 147 of the Law "On the Judiciary and Status of Judges", the High Council of Justice is empowered to suspend the work of courts in connection with natural disasters, military actions, measures to combat terrorism or other extraordinary circumstances of the work of the court upon the submission of the President of the Supreme Court.

A qualification for more than 1,700 judges has been nominated

The High Qualifications Commission of Judges of Ukraine appointed a qualification for a regular group of judges.

On February 1, the High Qualifications Commission of Judges of Ukraine appointed an assessment of 1789 judges of local and appellate courts for compliance with the position held.

Meanwhile, in February-March 2018, exams will be held within the framework of the 990 judges' qualification assessment procedure for their position.

All judges must pass the qualification assessment - this is provided in Law "On Restoring Trust in Judiciary", adopted in 2015.

The High Qualifications Commission has set the priority that in the first ranks the qualification should be passed by judges who have completed five years of authority and who claim to hold office indefinitely, as well as judges aged 60 and over. Qualification assessment involves taking the exam - a test of knowledge of legislation and a practical task - and an interview.

It should be noted that the passing of the qualification assessment is now also affecting the amount of judicial remuneration, as legislators have established that non-judged judges receive significantly lower wages than judges who passed such an assessment. However, most judges in Ukraine are still waiting, when their names to list for qualification.

Publication of notifications about summons to the court

The State Judicial Administration of Ukraine provided explanations regarding the publication on the official web-portal of the judiciary of Ukraine of announcements of a challenge to the participants in the trial.

The letter of explanation is addressed to the heads of the appellate, appellate economic, appellate administrative, local, local economic and district administrative courts, as well as to the heads of territorial departments of the State Judicial Administration of Ukraine.

It states that, in accordance with Article 122 of the Commercial Procedural Code of Ukraine, Article 128 of the Code of Civil Procedure of Ukraine, Article 130 of the Code of Administrative Procedure of Ukraine, the respondent, third person, witness, registered place of residence, where the place or place of work is unknown, as well as an interested person in cases of issuance of a limitation order is summoned to a court through announcements on the official web-portal of the judiciary of Ukraine, which should be placed not later than a dozen a couple of days, and in the case of consideration of the case on the issuance of a restrictive prescription - not later than 24 hours before the date of the relevant court hearing. When a notification for a summon is published, a person is deemed to be notified of the date, time and place of the case.

The procedure for publishing ads on the web portal of the judiciary of Ukraine is determined by the Regulation on the Single Judicial Information and Telecommunication System.

It should be noted that the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislative acts" recommended that the State Judicial Administration of Ukraine, by December 31, 2018, ensure the establishment and proper functioning of the Single Judicial Information and Telecommunication System.

By this time, information on the challenge in the case will be placed directly by the court on its official website of the web portal of the judiciary of Ukraine.

Medical reform came into force

On January 30, the Law of Ukraine No. 2168-VIII "On State Financial Guarantees of Medical Care of the Population" came into force, which will be put into effect in stages.

In particular, from January 1, 2018 - for primary care, which provides for counseling, diagnosis and treatment of the most common diseases, injuries, poisonings, pathological, physiological (during pregnancy) conditions, and the implementation of preventive measures.

Primary health care will be provided by general practitioners - family doctors who can choose their own patients regardless of where they are registered.

At this stage, a state-guaranteed medical assistance package will be put in place, which, by the way, has not yet been approved by the Cabinet. In this package, a list of free services, research and medicines for patients will be determined, which will be covered at the expense of the state budget.

According to the Law, within the framework of the program of medical guarantees, the state will guarantee citizens, foreigners, stateless persons who permanently reside in the territory of Ukraine, and those who are recognized as refugees or persons requiring additional protection, full payment from the state budget of Ukraine of the necessary medical supplies services and medicines related to the provision of:

emergency medical care;

primary health care;

secondary (specialized) medical aid;

tertiary (highly specialized) medical aid;

palliative care;

medical rehabilitation;

medical care for children under 16 years of age;

pregnancy and childbirth care.

According to the Ministry of Health, the preparatory stage of the implementation of medical reform has been ongoing since last year. Now there are legitimate reasons to take a number of decisions to timely implement the previously announced plan to reform the primary health care sector.

Preparations for the establishment of the National Health Service of Ukraine, the national insurer, which will conclude contracts with health care institutions and procure them the services of medical care of the population, are already underway. Now we will be able to announce a competition for the chairman of the NSAZ and two of his deputies. We plan that by July, the NSAU will be formed and start work.

Also, the process of autonomy of medical institutions began - the transformation of medical institutions into communal non-profit enterprises. In this status, they will be able to conclude contracts with the National Health Service of Ukraine and receive direct funding for the services provided from the State Budget. We draw the attention of the heads of medical institutions to the importance of familiarizing themselves with the legislation and our recommendations on the process of autonomy.

In order to enter the reform, the primary health care institution should choose a medical information system (MIS) and connect to the electronic health system, which is currently in the test mode, bring material and technical support of the institution in accordance with the Technical Equipment Table.

Ukrainians will start choosing a primary care physician (family doctor, therapist, pediatrician) and sign the Declaration from April 2018. By this time the signing of the Declarations on the choice of the doctor is in pilot mode.

Regarding the next stages of the implementation of medical reform, during 2018-2019, the implementation of state guarantees of medical care of the population under the program of medical guarantees will be gradually introduced for other types of medical care, in particular through the implementation of pilot projects for the corresponding types of health services, individual health facilities, inhabited points or regions. And from January 1, 2020, the medical reform will become a full-fledged institution at all levels.

It should be noted that the program of medical guarantees should be developed by the Ministry of Health, and approved by the Verkhovna Rada in the budget for the next year.

Commentary on the Bangalore Principles of Judicial Conduct

A commentary on the Bangalore Principles of Judicial Conduct was posted on the official website of the Council of Judges of Ukraine.

The Bangalore Principles of Judicial Conduct have increasingly been accepted by the different sectors of the global judiciary and by international agencies interested in the integrity of the judicial process. In the result, the Bangalore Principles are seen more and more as a document which all judiciaries and legal systems can accept unreservedly. In short, these principles give expression to the highest traditions relating to the judicial function as visualised in all cultures and legal systems. Reaching agreement on these core principles has been difficult, but the Judicial Integrity Group’s unwavering commitment to achieving a result which would command universal acceptance has allowed it to surmount the barriers that appeared in its path.

Not only have some States adopted the Bangalore Principles, but others have modelled their own Principles of Judicial Conduct on them. International organizations have also looked on them with favour and given them their endorsement. The United Nations Social and Economic Council, in its resolution 2006/23 of 27 July 2006, invited Member States, consistent with their domestic legal systems, to encourage their judiciaries to take into consideration the Bangalore Principles when reviewing or developing rules with respect to the professional and ethical conduct of the members of the judiciary. The United Nations Office on Drugs and Crime has actively supported the Bangalore Principles, which have also been recognized by bodies such as the American Bar Association and the International Commission of Jurists. The judges of the member States of the Council of Europe have also given the Bangalore Principles their favourable consideration.

A detailed draft commentary was prepared on each of the Bangalore Principles and discussed in depth, together with the Principles, at the Open-Ended 6 Intergovernmental Expert Group Meeting on Strengthening Basic Principles of Judicial Conduct held in Vienna on 1-2 March 2007. That meeting was attended by participants from over 35 countries. The draft commentary and proposed amendments were also considered in detail at the fifth meeting of the Judicial Integrity Group. The Bangalore Principles and the amended commentary were adopted at those meetings, thereby giving them increased weight and authority. The Commentary gives depth and strength to the Principles, and contributes significantly to furthering the global adoption of the Principles as a universal declaration of judicial ethics.

It should be noted that just as all traditional systems of law are unanimous in their insistence on the highest standards of judicial rectitude, so do all the great religious systems of the world. In recognition of this, the Commentary contains, in an annex, a brief outline of religious teachings on the subject of judicial integrity.

We have in the Bangalore Principles of Judicial Conduct an instrument that is of great potential value not only for the judiciaries of all nations, but also for the general public and for all those concerned with laying down a firm foundation for a global judiciary of unimpeachable integrity.

Head of the system of free legal aid was appointed

Oleksiy Bonyuk was appointed Director of the Legal Aid Coordination Center, who previously served as the head of the department.

Bonyuk officially headed the Coordination Center for the provision of free legal aid from February 1 - the relevant order was issued by the Ministry of Justice on January 31.

Let's remind that in the summer of 2017 the Commission elected Pavlo Moroz for the position of the head of the system of free legal aid, but the results of the contest were canceled because the Coordinating Center staff stated that it was non-transparent and did not recognize its results.

Therefore, the competition was held repeatedly, and the three finalists went out, except Bonyuk, Nikolay Kasyan and Ivanna Smachilo.

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