Ukrainian law

Legal news in Ukraine: new members of the Supreme Council of Justice were elected, extension of the land moratorium, The Parliament approved the new Laws, new decisions of Supreme Court and Constitutional Court of Ukraine

23.12.2018 / 10:04
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Legal news in Ukraine: new members of the Supreme Council of Justice were elected, extension of the land moratorium, The Parliament approved the new Laws, new decisions of Supreme Court and Constitutional Court of Ukraine

New members of the Supreme Council of Justice have been elected

The XVI Extraordinary Congress of Judges of Ukraine have elected new members of the Supreme Council of Justice. They are Larysa Ivanova, Oleg Prudivus, Svetlana Shelest and Nataliia Krasnoshchokova.

Prudivus and Krasnoshchokov started their duties on Dec. 20, 2018, and Shelest and Ivanov will begin to perform their duties after vacant posts.

Thus, the constitutional composition of the High Council for Justice is fully staffed.

In addition, on December 20, delegates of the All-Ukrainian Conference of Prosecutors elected two members of the High Council for Justice: prosecutor Viktor Matviychuk and lawyer Igor Fomin. They will assume their duties after April 27, 2019.

According to Article 131 of the Constitution of Ukraine, the High Council of Justice consists of twenty-one members. Ten are elected by the congress of judges of Ukraine from among judges or judges in retirement, the President of Ukraine appoints two members, two – the Verkhovna Rada of Ukraine, two – the Congress of Advocates of Ukraine, two –all-Ukrainian conference of prosecutors, two – the congress of representatives of legal high educational institutions and scientific institutions. The Chairman of the Supreme Court is ex officio member of the Council.
Members of the High Council of Justice are elected (appointed) for a term of four years. The same person can not hold a post for two consecutive terms.

Verkhovna Rada extended the moratorium on the sale of land

The Verkhovna Rada adopted the Law of Ukraine «On Amendments to Section X «Transitional Provisions» of the Land Code of Ukraine regarding the extension of the ban on the alienation of agricultural land.

The law extended the moratorium on the sale and alienation of agricultural land by other means and on the right to a land share in the authorized capital of business companies «until the law on the turnover of agricultural land entered into force, but not earlier than January 1, 2020».

Changes have been made to paragraphs 14 and 15 of section X «Transitional Provisions» of the Land Code of Ukraine.

The Cabinet of Ministers of Ukraine must by March 1, 2019 submit for the parliament consideration a draft Law of Ukraine on the circulation of agricultural land.

People’s deputies have passed the bill on countering bullying

The Verkhovna Rada adopted the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine on Combating Bullying».

Bullying is psychological, physical, economic, sexual violence in educational institution, in particular with the use of electronic communications. Such actions are committed against a minor person or are committed by such person to other students.

From now on, offenders will be punished with a fine of 50 to 100 tax-free minimum incomes, or public works – for a period of twenty to forty hours.

At the same time, if harassment is committed by a group of persons or repeated within one year after the imposition of administrative penalty, then the fine will be from 100 to 200 non-taxable minimum incomes of citizens or public works for a period of from forty to sixty hours.

Bullying punishment is also foreseen for 14-16 year olds. Their parents or guardians will be fined from 50 to 100 non-taxable minimum incomes, or public works for a period of twenty to forty hours.

If the head of the school or gymnasium does not notify the police about bullying a student, he will be fined or brought to correctional labor. In addition, his salary can be cut by 20%.

President of Ukraine signed the Law on the change of the religious organizations’ names

President of Ukraine Petro Poroshenko signed the Law of Ukraine «On Amendments to the Law of Ukraine «On Freedom of Conscience and Religious Organizations» regarding the names of religious organizations that are part of a religious organization whose governing center is located outside of Ukraine in a state that is recognized by law as an aggressor against Ukraine or temporarily has occupied a part of Ukraine’ territory.

The law obliges such a religious organization to necessarily reproduce in its title its full statutory name with the possible addition of the words «in Ukraine» and/or the designation of its place in the structure of a foreign religious organization.

Relevant changes must be made to the official name and statute (regulations) of the respective organization within four months.

The law restricts the access of such religious organizations’ clerics to Ukrainian military units.

The relevant changes are envisaged in Article 12 of the Law.

It should be added that according to the Law the Ukrainian Orthodox Church of Moscow Patriarchate should change its name.

The Constitutional Court made a decision on hospitalization of incapacitated person to psychiatric institution

On December 20, 2018, the Constitutional Court of Ukraine upheld the decision in the case on the constitutional petition of the Ukrainian Parliament Commissioner for Human Rights on the constitutionality of the provisions of the sixth sentence of part one of Article 13 of the Law of Ukraine «On Psychiatric Aid» of February 22, 2000, No. 1489-ІІІ, as amended.

The Court found this provisions unconstitutional.

The provisions stipulate that a person recognized as incapacitated in accordance with the law, who, in the state of his health, is not able to make a request or provide informed written consent, shall be hospitalized to the institution for the provision of psychiatric care in accordance with the decision (consent) of the guardianship and trusteeship body, which shall be taken not later than 24 hours from the moment of referral to this body of the legal representative of the indicated person and can be appealed in accordance with the law, including to the court.

The Constitutional Court of Ukraine confirms the legal position: to the legislative regulation of the issue of providing judicial control over the hospitalization of an incapacitated person, such a hospitalization is possible only by the court’s decision.

The Grand Chamber of the Supreme Court explained how the authority of a lawyer is confirmed

In accordance with the Code of Administrative Justice of Ukraine, the powers of a lawyer as a representative are confirmed by a power of attorney or a warrant issued in accordance with the Law of Ukraine of July 5, 2012 No. 5076-VI «On Advocacy».

According to the requirements of Article 26 of the Law of Ukraine No. 5076-VI, advocacy is carried out on the basis of an agreement on the provision of legal aid. Documents certifying the powers of a lawyer to provide legal assistance may be: 1) a contract for the provision of legal aid; 2) power of attorney; 3) order; 4) an order of the body (institution) empowered by law to provide free legal aid.

Consequently, an order issued in accordance with Law No. 5076-VI is an independent document confirming the authority of a lawyer. The provision of a legal aid contract, its copy or extract, together with an order in accordance with the current version of the Code of Administrative Procedure, is not required.

The Great Chamber of the Supreme Court draws attention to the fact that in view of the content of parts 1, 3 of Art. 26 of the Law No. 5076-VI, the order may be issued by a lawyer (law office, lawyer association) only on the basis of an agreement already concluded.

The practice of the European Court of Human Rights suggests that it is necessary to avoid overly formal attitudes to the statutory requirements, since access to justice must be real. Excessive formalism when solving the issue of accepting a statement of claim or complaint is a violation of the right to a fair judicial protection.

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