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Legal news in Ukraine: Parliament imposed martial law, Ministry of Justice received ECHR decision on Ukrainian sailors, new decisions of Constitutional Court, buildings for the Supreme Anti-Corruption Court, All-Ukrainian map of legal needs was created

01.12.2018 / 11:32
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Legal news in Ukraine: Parliament imposed martial law, Ministry of Justice received ECHR decision on Ukrainian sailors, new decisions of Constitutional Court, buildings for the Supreme Anti-Corruption Court, All-Ukrainian map of legal needs was created

The Parliament imposed martial law in 10 oblasts because of Russian aggression

The Verkhovna Rada adopted the Law of Ukraine «On Approval of the Decree of the President of Ukraine» on the imposition of martial law in Ukraine due to Russian aggression in the Azov Sea.

On November 25, Ukrainian ships, which planned the transition from the port of Odessa to the port of Mariupol, were fired by the frontier ships of the Russian Federation. The Russians seized three Ukrainian ships and 24 sailors in the Kerch Strait.

Martial law was imposed in Vinnitsa, Lugansk, Mykolaiv, Odesa, Sumy, Kharkiv, Chernihiv, Kherson, Donetsk and Zaporizhzhya oblasts and in the territory of inland waters and in the Kerch water area.

Martial law was imposed from 14:00 on November 26, 2018, for 30 days until 14:00 on December 26, 2018.

During the period of military state, partial mobilization is announced by the President of Ukraine in terms and in line with the threats to the national security and defense of Ukraine.

In addition, the State Border Guard Service of Ukraine limited the entry into the country of Russian men aged 16 to 60 years.

During this period, it is prohibited to change the Constitution of Ukraine and the Crimea, to hold elections and referenda, strikes, mass gatherings and actions.

Justice in the territory, where martial law is declared, is carried out only by courts. Reducing and accelerating justice is prohibited. In the case of impossibility to administer justice by the courts acting in the territory, the territorial jurisdiction of court cases that are considered in these courts may be changed by the laws of Ukraine, or the location of courts may be changed in the manner established by law.

The Ministry of Justice received ECHR decision on Ukrainian sailors

The Ministry of Justice of Ukraine received a decision of the European Court of Human Rights regarding Ukrainian sailors who were captured by Russia.

Earlier, the Ministry appealed on behalf of the Government to the European Court of Human Rights with the requirement to apply «39 rule – an immediate decision to release illegally captured Ukrainian citizens».

Minister of Justice Petro Pavlenko noted that Ukraine’s position is that captured sailors are prisoners of war and that all guarantees of protection, that are defined by the Geneva Conventions, should be apply to them.

The European Court of Human Rights has obliged Russia to provide information on: legal grounds for seafarers' detention; places of their maintenance; injury to seamen; provision of medical care.

This information should be provided by the Government of Russia by the following Monday, December 3.

It should also be noted that the Minister for Foreign Affairs Pavlo Klimkin stated that in the near future about 40 bilateral agreements between Ukraine and the Russian Federation will be terminated.

The Constitutional Court upheld a bill on agrarian changes to the Constitution

The Constitutional Court of Ukraine has recognized the constitutional draft law amending the Article 41 of the Constitution of Ukraine regarding the realization of the Ukrainian citizens rights to land, preservation of ownership of agricultural land in the hands of Ukrainian citizens and sustainable development of rural areas on the basis of farms.

Section I of the draft law proposes to add to article 41 of the Constitution of Ukraine a new part of the following content: «The basis of the agricultural system of Ukraine is a farm».

The draft law contains section II «Final provisions» of the following content: «This Law shall come into force from the day following the day of its publication».

The bill was checked for compliance with the requirements of Articles 157 and 158 of the Ukraine Constitution.

According to Article 157, amendments to the Constitution of Ukraine, not adopted by the Parliament, may be submitted to the Verkhovna Rada no earlier than one year from the date of the decision on this draft law. The bill complies with this requirement.

According to part two of Article 157, the Constitution of Ukraine can not be changed in conditions of martial law or state of emergency. The Constitutional Court of Ukraine states that at the time of the decision conclusion, the decision to enter into martial law in Ukraine was not adopted. Therefore, the bill is also consistent with this legal norm.

The Constitutional Court ruled on an administrative arrest case

The Constitutional Court of Ukraine upheld the decision on the constitutional petition of the ombudsman on the constitutionality of the provisions of the first part of Article 294 and Article 326 of the Code of Ukraine on Administrative Offenses.

The Constitutional Court found it unconstitutional that decisions of a local general court on the use of administrative arrest are appealed before the expiration of their appeal.

The court found that the following norms are unconstitutional:

the provisions of the first part of Article 294 of the Code of Administrative Offenses, which establishes that decisions on the enforcement of a penalty provided for in Article 32 of this Code shall come into force from the moment of their adoption;

the provisions of Article 326 of the Code, which stipulates that the resolution of a district, district court in a city, city court (judge) on the application of administrative arrest is executed immediately after its issuance.

In accordance with the rule of law, the state should establish such an appellate review procedure that would ensure the effectiveness of the right to judicial protection at this stage of the trial, in particular, would enable the restored violated rights and freedoms and prevent the negative individual consequences of a possible judicial mistake, states Constitutional Court.

The government provided the buildings for the Supreme Anti-Corruption Court

On November 28, the Cabinet of Ministers of Ukraine decided to transfer the buildings of the Ministry of Regional Development to the High Anti-Corruption Court and the Appeals Chamber of this Court, reports press service of the State Judicial Administration of Ukraine.

The Judicial administration received the building of the Laboratory Corps № 1 on the street. Preobrazhenskaya, 5/2 and the building of the Laboratory Building № 1 and the Administrative-Laboratory Building № 2 on the street. Maxim Krivonos, 2nd.

«The transfer of this real estate is aimed at the implementation of the Law of Ukraine «On the Highest Anticorruption Court» and will allow the court to be provided with appropriate premises of state ownership», the statement reads.

All-Ukrainian map of legal needs was created

All-Ukrainian map of legal needs, institutions and partners of the system of free legal aid was created, states the website of the Ministry of Justice of Ukraine.

«This card is oriented, first of all, to clients of the legal aid system. It will also be interesting for those who are interested in the legal topics and opportunities for protecting rights in their community», – said Oleksiy Bonyuk, Director of the Coordination Center for Legal Assistance.

The map contains the following items:

contact data of regional, local centers for the provision of secondary legal aid and the legal aid bureau;

statistical data on the activities of the system of free secondary legal aid;

list of key legal issues in the context of each Local Center for the provision of free secondary legal aid that is relevant to each region;

register of partner organizations and non-governmental legal aid providers;

information on interregional resource and communication platforms.

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