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Legal news in Ukraine: qualification assessment, dossier of judges, changes in the leadership of the Ministry of Justice, changes in the procedure for conducting a competition for civil service, checks on liquidation of arrears on alimony

19.05.2018 / 11:09
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Legal news in Ukraine: qualification assessment, dossier of judges, changes in the leadership of the Ministry of Justice, changes in the procedure for conducting a competition for civil service, checks on liquidation of arrears on alimony

694 judges have passed the qualification assessment

As part of the judicial reform, qualification assessment of judges is continued in Ukraine. As of May 14, 2018, 10% of the judges who passed the qualification assessment did not confirm their compliance with the position held.

The Commission recalls that before the qualification assessment for the position compliance, the number of vacancies in local and appellate courts of Ukraine already made up 28% of the total number of judges of the country.

For the first group of thousand judges of local and appellate courts, the last stage of the qualification assessment – “Interview” – is currently underway. In general, from March 23 to May 14, 2018, the Commission, consisting of four separate panels, interviewed 694 judges. As a result, the following decisions were taken:

518 judges confirmed their compliance with the position held;

18 judges did not confirm compliance with their position (16 of them without the opinions of the Public Integrity Council);

in the case of 2 judges, the assessment was terminated (in connection with the dismissal);

with regards to 29 judges the assessment was stopped (due to open disciplinary cases in the High Council of Justice, as well as due to the presence of signs of disciplinary misconduct in the actions of a judge);

regarding 122 judges there were announced a break;

regarding 5 judges, the consideration of the issue was delayed.

According to the results of the examination of test and practical tasks, 37 judges did not pass the exam, therefore, decisions regarding the nonconformity with the position held were taken in relation to them.

Thus, as of 14 May 2018, 573 judges completed the qualification assessment procedure, namely: 518 judges (90%) will be recommended to the High Council of Justice for appointment to the corresponding positions; 55 judges (10%) of those who did not pass the examination or did not pass interview, will be recommended to dismiss. In general, during the assessment process of 999 judges, 28 judges wrote an application for dismissal.

In relation to 122 judges there have been announced a break due to the queries the Commission has regarding the information contained in the judicial dossier, as well as the opinions of the Public Integrity Council, which were submitted to the Commission with improper official registration, in particular, such opinions do not contain respective signatures of the members of the PIC who voted for their adoption. In order to take into account these opinions by the HQCJU, the Public Integrity Council has been given additional time to streamline the documentation.

We would like to kindly recall that the qualification assessment for compliance with the occupied position was introduced in the frameworks of judicial reform for all judges in Ukraine. For the first group of thousand judges, the assessment was announced on October 22, 2017, and lasts already for 7 months. Among the judges who passed the assessment, the first 95 judges, previously appointed for a term of 5 years and whose powers have expired, under its results have already been recommended to the High Council of Justice for the appointment to the positions and will begin restoring justice in the courts. The interviews with the rest of the judges from the first group will continue on May 15, 2018. The second group of judges currently has examinations with the further passing of psychological testing, judicial dossier examination and interviews with the members of the Commission.

High Qualifications Commission of Judges of Ukraine unveiled a dossier for almost 500 judges

The website of the High Qualifications Commission of Judges of Ukraine contains 464 dossiers of the second group of judges who will pass qualification assessment.

Recall that the decision on qualification assessment for the position of the second group of judges was adopted by the Commission on February 1, 2018.

According to Art. 85 of the Law of Ukraine "On the Judiciary and Status of Judges" a judicial record contains:

1) copies of all judge's statements related to his career and the documents attached thereto;

2) copies of all decisions made against a judge by the High Qualifications Commission of Judges of Ukraine, the High Council of Justice, the High Council of Justice, bodies of judicial self-government, the President of Ukraine or other bodies that took the relevant decisions;

3) information about the results of the participation of a judge in competitions for the position of a judge;

4) information on the results of the special training of a candidate for a judge at the National School of Judges of Ukraine, preparation of a judge during the term of office of a judge;

5) information on the results of judge's qualification assessment and judge's regular assessment during the term of office;

6) information on the implementation of teaching activities;

7) information on the occupation of administrative positions by a judge with copies of relevant decisions;

8) information on the election (appointment) of a judge to the bodies of judicial self-government, the High Qualifications Commission of Judges of Ukraine, the High Council of Justice, the High Council of Justice;

9) information on the effectiveness of judicial proceedings, in particular: a) the total number of cases reviewed; b) the number of canceled court decisions and the grounds for their cancellation; c) the number of decisions that became the basis for making decisions by international judicial institutions and other international organizations, which established the violation of Ukraine's international legal obligations; d) the number of amended court decisions and the reasons for their change; e) observance of terms of consideration of cases; e) average length of the text of the motivated decision; e) judicial load compared with other judges in the relevant court, region, taking into account the nature of the instance, the specialization of the court and the judge;

10) information on the disciplinary liability of a judge, in particular: a) the number of complaints about actions of a judge; b) the number of disciplinary proceedings and their results;

11) information on compliance by a judge with the rules of professional ethics: a) compliance of expenses and property of a judge and his family members, as well as close persons with declared income, including copies of corresponding declarations filed by a judge in accordance with the legislation on prevention of corruption; b) other data on the compliance of the judge with the requirements of legislation in the field of prevention of corruption; c) data on the compliance of the judge with the rules of judicial ethics;

12) information on the compliance of the judge with the criterion of integrity, in particular, compliance of expenses and property of the judge and members of his family with declared income, including copies of relevant declarations filed by a judge in accordance with this Law and legislation in the field of prevention of corruption;

13) the declaration of the relationship between the judge and the declaration of integrity of the judge;

14) the results of the tests on the compliance of the judge with the criteria of qualification evaluation (in case of conducting them);

15) the results of the use of other means of determining the compliance of the judge with the criteria of qualification assessment (in case of their application);

16) the conclusion of the Public Council of Integrity (if any);

17) other information and data on the basis of which the judge's eligibility criteria can be established, as well as any other information regarding a judge recognized by a decision of the High Qualifications Commission of Judges of Ukraine as being subject to inclusion in a judicial dossier.

New appointments of the leadership In the Ministry of Justice

The Cabinet of Ministers of Ukraine dismissed Deputy Minister of Justice on Issues of the Executive Service of Sergei Shklar from his position at his own discretion.

During 3 years of Sergei Shklar's work in the team of the Ministry of Justice he managed to implement a series of initiatives that ensured the reform of the system of enforcement of judgments and decisions of other bodies.

Instead, Svitlana Glushchenko, Deputy Minister of Justice, occupied the post of Deputy Minister for Executive Service. Previously Svetlana worked as the Director of the Department for the Support of the Judicial Chamber in Civil Cases of the High Specialized Court of Ukraine for the Examination of Civil and Criminal Matters.

The bill on the basis of expertise is adopted in a first reading

The Verkhovna Rada adopted as a basis the draft Law "On Amendments to Some Laws of Ukraine on the Grounds for Examination".

The explanatory memorandum reminds that on December 15, 2017, the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Legal Proceedings of Ukraine and other legislative acts" came into force. And since March 15, 2018, the changes set the duty of the investigator to apply to the court for an expert opinion.

According to the current procedure, when a person dies, doctors and investigators come to the place of death. The doctor reports death, and the investigator disputes the case on death and makes a decision on forensic medical examination. Only after that the corpse together with the decree can be sent and accepted in the morgue.

"After the changes have been made, the examination remains compulsory and can only be carried out on the basis of a court decision. At the same time, not every court can be sued, but only at the place of legal registration of the body of pre-trial investigation. At the same time, the court is given 72 hours to resolve this issue, but during this period, the body can not be directed to the morgue ", - the authors of the bill note.

Thus, from March 15 this year, the body of the deceased should be kept at relatives for at least 72 hours. However, how will this happen, the law does not give an answer. In addition, there is no procedure for obtaining permission for burial. Because she will need an expert's report through the court, the funeral is delayed for an indefinite period.

Therefore, the draft law provides that examination is to be carried out by an expert upon the request of a party to criminal proceedings or on the instructions of an investigating judge or court, if special knowledge is necessary to clarify the circumstances relevant to the criminal proceedings.

Appropriate changes are proposed to be made to Articles 242, 243, 244 of the Criminal Procedure Code and to delete article 71 in the Law of Ukraine "On Judicial Expertise".

The procedure for passing the competition for civil service positions has been changed

The Cabinet of Ministers of Ukraine by its resolution of May 10, 2018, No. 374, introduced amendments to the Procedure for holding a competition for civil service positions.

The order provides for a reduction of the load on candidates and members of the competition commissions by optimizing the competitive procedure for the post of specialists in the field of reforms, in particular, in the part of carrying out testing on the knowledge of special legislation for the automation of the verification of professional knowledge and reducing the level of passing points by testing for analytical abilities and abilities in ability work with information.

Testing on the knowledge of special legislation is carried out in order to determine the level of knowledge of normative legal acts specified in the components of the relevant requirement for professional knowledge of the candidate related to the tasks and content of the work of a civil servant.

All candidates applying for one post undergo the same test.

Each list of test questions for knowledge of specific legislation and answers are approved by the public body in which the competition is announced, after which it is published on its official website and the Single Portal of vacancies of the public service of the NDSA. The above list includes not less than 100 questions for knowledge of not more than five normative legal acts that are applied:

for the tasks of the state body - for the posts of specialists in the category "A" reforms;

for the tasks of the relevant directorate (general department) - for the posts of specialists in the issues of reforms of categories "B" and "B".

Each question provides four answers, one of which is correct.

During the testing on the knowledge of special legislation issues for each candidate are automatically selected from the relevant list of test questions. One test task includes 25 test questions.

The time for testing on knowledge of special legislation should be no more than 25 minutes.

Inspections on liquidation of arrears on payment of alimony have begun

Starting May 14, mobile groups on liquidation of arrears on alimony will start inspections in the Ternopil, Kherson, Volyn, Transcarpathian and Zaporizhzhya regions.

Starting May 21, mobile groups will operate in Kharkiv, Chernivtsi, Poltava, Mykolayiv, Chernihiv regions and in Kyiv. She also noted that since the beginning of the Law the amount of recovered funds from the debtors of alimony has increased several times.

In some regions, the amount of arrears in payment of alimony has increased more than 15 times. Thus, in Lugansk region, state executives managed to collect more than UAH 20 million of alimony, which is 15.5 times more than before the Law came into force. In Nikolayevsky - 33.5 million hryvnias (10 times more), in Rivne - almost 30 million hryvnias (6 times more).

The leaders in collecting debts for payment of alimony after the commencement of the law are Dnipropetrovsk region with the sum of collection of UAH 152.1 million; Odessa region - 103.6 million UAH and Poltava region - 73.6 million UAH.

Such indicators show that the Law is working and the innovations it initiates are an effective motivator for unscrupulous parents to pay child support, convinced the Ministry. At the same time, the Ministry of Justice will continue the campaign to strengthen liability for non-payment of alimony. In particular, the Verkhovna Rada adopted in the first reading a second package of legislative innovations that would further increase the pressure on non-payment of alimony.

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