Ukrainian law

Legal news in Ukraine: signature of the law on innovations in parking, qualification assessment, model decision of the Supreme Court, the completion of the e-declaration

31.03.2018 / 11:00
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Legal news in Ukraine: signature of the law on innovations in parking, qualification assessment, model decision of the Supreme Court, the completion of the e-declaration

President signed a law on photo and video fixing of parking rules violations

The President signed the Law "On Amending Certain Legislative Acts of Ukraine Regarding the Reform of the Parking Vehicles Area", adopted by the Verkhovna Rada of Ukraine on December 21, 2017. This is reported by the official Internet representation of the head of state.

The law provides for the creation of a legislative mechanism for the inevitability of liability for violation of the rules of stop, parking and parking of vehicles by introducing photo and video footage of offenses. It also provides for the extension of the mechanism for bringing to administrative responsibility the person for whom the vehicle is registered for certain violations of the rules of the road, recorded in the automatic mode, for violations of the rules of stopping, parking and parking of vehicles, in particular, non-payment of the cost of parking services or parking on places for people with disabilities who do not have such a right.

The law establishes the mandatory leaving of a copy of the ruling or notice of a decision to bring to administrative liability for violations recorded in the mode of photographing / video recording, on the vehicle's windshield.

The authority to handle cases of administrative offenses and to temporarily detain a vehicle, according to the document, have parking inspectors.

In addition, the size of penalties for violation of parking rules has been improved, as well as providing 50% discount for the payment of fines for violations recorded in the shooting / video mode, in case of payment of a fine within 10 banking days, etc.

At the same time, the Law defines the grounds for exemption from the responsibility of the person for whom the vehicle is registered, in particular, when the license plate or car was exhausted from its possession as a result of unlawful actions of other persons, the transfer of the right to drive a car to another person on the appropriate legal basis.

The law establishes all cases of significant impediment to traffic or a threat to traffic safety, in particular if a vehicle is put on a traffic section in two or more rows; is located in the prohibited traffic rules in places of stop or parking, by its location makes it impossible to move other vehicles or creates an obstacle for pedestrian traffic, including persons with disabilities on special means of transport and pedestrians with prams; is located on a dedicated lane for public transport; is located on the marked road signs and / or road markings; impedes the movement or operation of snowploughs and other technological municipal vehicles in the event of the introduction of a state of emergency or in the event of the announcement of an area by a zone of emergency ecological situation; violates the parking scheme of vehicles in such a way that it blocks traffic on two or more lanes.

After the temporary arrest of vehicles, it is provided for the immediate informing of the relevant units of the National Police about such detention, indicating the time of detention and the place where the vehicle was evacuated, placing this information on the official web portal of the executive body of the relevant local council, as well as the transmission of reports of evacuation of cars to numbers mobile phones, which their owners proposed for inclusion in the relevant information and communication systems.

The return of the detained vehicle will take place immediately after payment of the fine and the cost of the transportation and storage service.

For the convenience of payment for parking and effective control over its implementation, it creates the legislative possibility of introducing an automated parking payment control system in accordance with decisions of local self-government bodies in the corresponding settlements.

The law provides that local self-government bodies should implement an automated payment control system for parking; to take measures to increase the number of local self-government officials for the employment of parking inspectors in local self-government bodies.

The law will come into force six months after its publication.

Qualification evaluation was carried out by 82 judges

March 23, the High Qualifications Commission of Judges of Ukraine began interviews with judges who had already passed the qualifying examination.

This week, VKKSU has established the first results of training. Compliance with the position was confirmed by 82 judges.

Qualification assessments were made by judges of appellate courts of Kharkiv, Odesa, Ivano-Frankivsk, Donetsk, Ternopil regions, Dnipropetrovsk, Sumy and Zaporizhzhia regions.

Compliance with the position was also confirmed by 21 judges of local courts of the Kharkiv region, Kherson region, Luhansk region, Donetsk Oblast. Sumy region, Cherkasy region and Zaporozhye.

 At the same time, two judges did not qualify - Judge Magdalenivsky District Court of Dnipropetrovsk Region Dmytro Novik and Judge of the Court of Appeal of Kyiv Gennady Korchevny.

This week, the second group of judges from 1790 judges (this group began to take examinations on February 22, 2018) also passed qualifying exams within the limits of qualification assessment.

The Public Council of Integrity refused to participate in the qualification assessment of judges

The Public Council for Integrity has officially announced its withdrawal from the qualification evaluation process.

As indicated in the GPD, the evaluation procedures are allegedly opaque, since it is not known how they vote, which points and what the judges are nominating for the members of the WCCC. It is also noted that the conclusions of the Public Council on Integrity were postponed and simply were not considered with reference to the unlawful provisions of the Rules of Procedure of the SJCS.

Instead, the High Qualifications Commission of Judges assured that the qualification assessment would be continued as planned, despite the statement of the Public Council on the integrity of the withdrawal from the process of qualifying.

Already after the announcement of the GPD, the VKKSU held regular interviews with judges who were evaluated and approved their results.

The Commission is reminded that the qualification assessment procedure involves the compilation of psychological tests, an examination consisting of testing on the level of knowledge of law and the practical task of preparing a court decision, as well as interviews based on the results of a judicial dossier study. In this dossier, information is gathered from numerous competent authorities, one of the documents is provided by the Public Council of Integrity, a body that should assist the HQC in conducting a qualification assessment.

However, as explained by the Commission, the GDR refused to comply with the Commission's Rules of Procedure regarding documents sent to the Commission, instead announced that it would cease to participate in it.

It should be noted that the law community has already spoken about this, noting that Ukrainian legislation does not provide for the possibility and mechanism of termination of the participation of the Public Council on integrity in the qualification assessment.

The Supreme Court ruled on a model case for issuing a passport

The Supreme Court, in the composition of the panel of judges of the Administrative Court of Cassation, considered an exemplary case on the issuance of a passport of a citizen of Ukraine in the form of a passport book.

The plaintiff requested the court to oblige the district department of the State Migration Service of Ukraine in Zhytomyr region to issue and issue her a passport form in the form of a passport.

The Supreme Court refused to satisfy the claims.

According to the presiding judge in the case, the chairman of the Cassation Administrative Court, Mikhail Smokovich, the procedure for issuing passports in the form of a booklet can be provided only if the relevant amendments to the legislation are adopted by the Verkhovna Rada of Ukraine. Existing legislative regulation excludes this possibility.

In accordance with Part 3 of Art. 291 KAS of Ukraine courts in resolving similar cases should take into account the legal conclusions of the Supreme Court in the decision adopted in the model case.

The full text of the decision will be made within 5 business days.

The decision may be appealed to the Grand Chamber of the Supreme Court within 30 days from the date of the complete court decision.

The submission of electronic declarations for 2017 is completed

On April 1, the submission of electronic declarations by persons authorized to perform functions of the state or local self-government will be completed by 2017.

In particular, e-declarations are required by April 1 to be filed by filling in the official website of the National Agency for the past year in a special form by the President, the Chairman of the Verkhovna Rada, the Prime Minister, all the premiers and vice-premier, the head SBU, Prosecutor General, National Bank chairman, members of the GRP and VKKSU, judges, jurors, prosecutors, police officers, etc.

Also, the list of those who are obliged to submit e-declarations includes the heads and members of government bodies working in the field of prevention of corruption. According to the changes to the law, they must file their declarations from the beginning of 2018.

It is also indicated that the deputies of local councils, heads of state enterprises and other officials who failed to submit e-declarations in the fall of 2016 should submit declarations.

At the same time, the law provides for liability for violation of the legislation on e-declaration.

Article 172-6 of the Code on Administrative Offenses provides for liability for late submission of a declaration, failure to provide clarifications in case of a material change in the property status, submission of incorrect information in the declaration (if such information differs from reliable in the amount of up to 250 p.p.o.). For such offenses, liability is stipulated in the form of a fine of 50 to 2500 nm.д.g. (depending on the act). If such an offense is committed repeatedly within a year, liability is manifested in the form of a fine with confiscation of income and with the deprivation of the right to occupy certain positions for 1 year.

Article 366-1 of the Criminal Code provides for more strict liability for the submission by the declarant of inaccurate information in the declaration (in the amount of more than 250 p.m.p.o.) or for the deliberate failure to submit a declaration, namely a fine (from 2500 to 3000 Nmd. or public works (from 150 to 240 hours) or imprisonment (up to 2 years) with the deprivation of the right to occupy certain positions (for up to 3 years).

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