Ukrainian law

Legal news in Ukraine: qualification assessment of judges, model decisions of the Supreme Court, new rules of inspections in the field of food safety, Ukraine in the ECHR, a decree on the celebration of the Police Day

06.04.2018 / 16:56
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Legal news in Ukraine: qualification assessment of judges, model decisions of the Supreme Court, new rules of inspections in the field of food safety, Ukraine in the ECHR, a decree on the celebration of the Police Day

63 judges passed qualification assessment

The High Qualifications Commission of Judges of Ukraine this week carried out interviews and determined the results of the qualification evaluation of 88 judges of local and appellate courts.

As a result, 63 judges passed qualification assessment.

Regarding the 22 judges, a break was announced and the qualification assessment c of Kyiv does not correspond to a position held.

The Supreme Court ruled in the exemplary case regarding fines for taxpayers in the area of anti-terrorist operation

Taxpayers located and registered with the tax authorities in the ATO zone do not apply sanctions. Such a decision was taken by the Supreme Court as part of the panel of judges of the Administrative Court of Cassation, considering the exemplary case regarding the cancellation of the decision to impose fines and the payment of a fine for late payment of the single payment.

The Court noted that it was the fact that the payers of the single payment were registered in the revenue and fee bodies located on the territory of the settlements where the anti-terrorist operation was carried out is the basis for stopping the application of sanctions against such payers.

The plaintiff substantiated his claims by the fact that at the time of the decision of the city of Lugansk and Severodonetsk were and are the territories where the anti-terrorist operation was conducted and conducted, which is the reason for stopping the application of measures of influence and enforcement and responsibility for violating the Law of Ukraine "On the collection and accounting of a single contribution to compulsory state social insurance ".

The Supreme Court noted that the defendant's arguments regarding the expiration of the provisions of the above-mentioned Law on the exemption from duties of payers of the single payment, which are registered with the supervisory bodies located on the territory of settlements in the ATO zone, are not true, since item 94 . VIII of this Law is valid.

In the judgment, the Court also identified circumstances that may affect other application of substantive law than in this exemplary case: the presence of a payer of a single payment registered in the ATO zone is registered with the tax authorities located outside the territory, the failure of the payer to pay a single contribution duties that arose before and / or after the end of the anti-terrorist operation.

The Law on new rules for inspections in the field of food safety came into force

On April 4, the Law of Ukraine dated May 18, 2017, No. 2042-VIII "On State Control over Compliance with Legislation on Food Products, Forages, By-products of Animal Origin, Health and Welfare of Animals" came into force.

With the entry into force of the Law, business must be ready to come to the representative of the control body without an announcement. This does not apply to the audit of the HACCP system - the audit of ongoing procedures based on the HACCP principles is carried out subject to the notification of the market operator no later than three working days prior to the implementation of such an action. This is due to the need to prepare the necessary package of documents and to ensure participation in this process of all responsible personnel responsible for implementing the system at the enterprise.

Another innovation introduced by the Law is the frequency of inspections. Until the entry into force of the Law on Control, a planned measure of state control of market operators with a high risk is carried out at a maximum of two times, with a low - every five years.

With the entry into force of the new law, control will become risk-oriented and will be conducted at a frequency that is sufficient to achieve the objectives of this law - increasing product safety. That is, companies will check depending on the degree of risk to life and health of people.

Also, according to the new law, inspectors of the State Committee for Supervision of Civil Service will carry out inspections in accordance with a unified verification act. This document will contain an exhaustive number of questions for verification and will be public, minimizing corruption risks.

For violation of the new law stipulates strict sanctions for offenders. So the amount of fine for legal entities can reach 70 thousand hryvnia - depending on the committed offense. Amounts of fines are fixed and determined in the minimum wages.

The law defines 8 types of violations of 19, the imposition of which is preceded by an order - a written request of an official of the control body on the elimination of the violation. Failure to enforce the order involves the application of a measure of administrative influence in the form of a fine.

It should be noted that since April 4 this year, in the event of receiving a citizen's request for a breach in the field of food safety, the State Committee for Proprietary Service has the right to carry out unscheduled inspections without obtaining a consent from a public authority that is developing a policy in this area (the State Regulatory Service or the Ministry of Agrarian Policy and food).

Ukraine was in the top three countries with the largest number of outstanding cases in the ECHR

Ukraine was among the countries with the largest number of new cases registered in 2017 at the European Court of Human Rights.

Ukraine was the third among the countries with the largest number of pending cases by the end of 2017. Only Russia and Turkey are ahead.

Ukraine was also in the first five countries with the highest number of repetitive cases pending review by the end of 2017.

Meanwhile, the Ministry of Justice noted that Ukraine has no arrears of payments under the decision of the European Court of Human Rights.

At the same time, the report of the Committee of Ministers of the Council of Europe states that as of December 31, 2017, there was no information on the payments made by Ukraine to the European Court of Human Rights for 273 cases. Of these, payment information in 212 cases was not received within more than six months after the expiration of the deadline.

Thus Ukraine ranked second in the number of "unpaid cases", ahead only Russia.

Last year Ukraine paid 45 cases in due time, in 2016 it was 20, and after the set deadline - in 22 cases, in 2016 - 16.

In total, in 2017, the ECHR awarded Ukraine 1,195,237 euros of reimbursement.

President signed the Decree on the Police Day

President of Ukraine Petro Poroshenko signed a decree on the establishment of a new professional holiday - the Day of Police of Ukraine on July 4.

"I consulted with the Minister and today signed a decree on the introduction of a new professional holiday - Police Day of Ukraine on July 4", - said Poroshenko.

He emphasized that this was not the transfer of the holiday of August 4, and the establishment "just as we have established a new police with you."

The National Police Day of Ukraine was celebrated on August 4. On this day, in 2015, the President of Ukraine signed the new Law of Ukraine "On National Police", which was previously approved by the Verkhovna Rada.

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