Ukrainian law

Legal news in Ukraine: social benefits, new courts, evaluation of judges, limiting the remuneration of lawyers free legal aid, the law on increasing the size of alimony, changes in the rules of crossing the border for children

07.07.2018 / 11:00
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Legal news in Ukraine: social benefits, new courts, evaluation of judges, limiting the remuneration of lawyers free legal aid, the law on increasing the size of alimony, changes in the rules of crossing the border for children

Social benefits has been changed

From July 1, 2018, new subsistence minimum sizes per person were set at 1777 UAH per month.

For the main social and demographic groups of the population, the following indicators are established:

for children under the age of 6: from July, 1 -1559 UAH;

for children aged 6 to 18 years: from July, 1 – 1944 UAH;

for able-bodied persons: from July, 1 – 1841 UAH;

For people who have lost their ability to work: from July, 1 – 1435 UAH.

However, as of July 1, 2018, the minimum wage will not change and will amount to 3723 UAH per month, at an hourly rate of 22.41 UAH.

Together with the increase in the subsistence minimum, the amount of social benefits also has increased.

The indexation is subject to the salary of employees within the subsistence minimum established for able-bodied persons. From 01.07.2018, the salary of employees is subject to the index of 1,841 UAH.

The amount of maintenance in July 2018 will be: for children under 6 years of age not less than 779.5 UAH, and for children aged 6 to 18 years - 972 UAH.

The maximum unemployment benefit in July 2018 is 7,364 UAH.

From 01.07.2018 the allowance for pregnancy and childbirth may not be less than 460.25 UAH.

From 01.07.2018 for children up to six years the maximum amount of assistance is 1,579 UAH, from 6 to 18 years old - 1,9444 UAH, from 18 to 23 years old (if the child is in the hospital) - 1,841 UAH.

Also, from July, 1 the recalculation of pensions in connection with the increase of social standards will occur for three categories of persons: donors, those who do not have sufficient seniority, as well as a small number of citizens, whose calculated pension exceeds 10 living wage for the disabled.

9 new courts were registered in Ukraine

In the framework of judicial reform, the registration of new courts in the regions continues.

Nine new courts were registered in the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Formations: Dergachi District Court of Kharkiv region, Odessa Appellate court, Pustomyty District Court, Pereyaslav-Khmelnytsky District Court of Kyiv region, Chuguevsky District Court of Kharkiv region, Khmelnytsky District Commercial Court, Zhytomyr District Commercial Court, Velikooleksandrivsky District Court, Kramatorsk City Court of Donetsk region.

The Dergachi District Court of Kharkiv region, the Odessa Regional Court of Appeal, Nikolaev District Court of Lviv region, Pustomyty District Court of Lviv region, Pereyaslav-Khmelnytsky City Court of Kyiv region, Chuhuiv City Court of Kharkiv region, Economic Court of Khmelnytskyi region, Economic Court of Zhytomyr region, Velikooleksandrivsky district court of Kherson region, Kramatorsk city court of Donetsk region will continue to administer justice before the start of the new courts.

The new courts will begin their work from the day specified in the reports of the heads of the relevant courts on the commencement of their work, placed in the newspaper "Voice of Ukraine".

Limit for the amount of remuneration for lawyers of free secondary legal aid

The Cabinet of Ministers of Ukraine restricted the maximum amount of remuneration to advocates providing free secondary legal aid.

The amount of remuneration can not exceed (in the size of the subsistence minimum) in the case when the duration of the stage of the process does not exceed one year:

pre-trial investigation - 7.5; in the court of first instance - 15.5, in the court of appellate instance - 8, in the court of cassation - 9;

stage of proceedings in court during representation of client's interests: first instance - 10, appellate instance - 5.5, cassation instance - 6, review of decisions on newly discovered or exceptional circumstances - 5.5.

In the case where the duration of the stage of the process exceeds one year:

pre-trial investigation - 9,5; 19,5 in the court of first instance, 10 in the appellate court, 11,5 in the court of the cassation instance;

stage of proceedings in court during representation of client's interests: first instance - 13, appellate instance - 6.5, cassation instance - 7.5, review of decisions on newly discovered or exceptional circumstances - 6.5.

In addition, the calculation of payment for the preparation and submission of procedural documents has been changed, taking into account changes to the procedural codes and optimizing the value of a number of incentive factors.

Qualification evaluation passed 81 judges

The High Qualifications Commission of Judges of Ukraine has determined the results of the qualification evaluation of 111 judges of local and appellate courts for compliance with their position.

According to its results, 81 judges of the Dnipropetrovsk Appeal Economic Court, Dnipropetrovsk Appellate Administrative Court, Dnipropetrovsk Regional Administrative Court, Lviv Economic Court of Appeal, Lviv Administrative Court of Appeal, Odessa Appeal Economic Court, Odessa Administrative Court of Appeal, Rivne Appeal Economic Court, Donetsk Appellate Economic Court, Kharkiv Apel Administrative Court of Appeal, Zhytomyr Appeal Administrative Court, Kyiv District Administrative Court, etc.

At the same time, judge of the Dnipropetrovsk Regional Administrative Court Roman Baranovsky, judge of the Kyiv Regional Administrative Court Sergei Lapiy, judge of the Odessa Appeal Administrative Court Larysa Zueva, judge of the Donetsk Appeal Economic Court Iryna Moskalova, judge of the Lviv Appeal Economic Court Roman Marko did not qualify.

Rada adopted the Law on increasing the liability for non-payment of alimony

Verkhovna Rada adopted the Law of Ukraine "On Amending Certain Legislative Acts of Ukraine Concerning Creation of Economic Preconditions for Strengthening the Protection of the Right of the Child to Proper Maintenance".

The law increases the minimum subsistence allowance to the subsistence minimum. Another innovation - if the alimony is not paid more than a year, then its size is increased by 20%. If the debt exceeds 2 years - by 30%, over 3 years - by 50%.

Also document provides for the appointment of socially useful works for non-payment of maintenance within 3 months. If, during the year, the alimony debt accumulates again, socially useful works for a period of 240 to 360 hours are appointed.

Persons who intend to join the Cabinet of Ministers of Ukraine, hold positions of civil service of the category "A" and "B", deputy ministers, as well as to register candidates for deputies and deputies of local councils, will have to submit a certificate that they do not have debts before children for more than 6 months. It also provides for the release of officials who have an indebtedness of more than 12 months.

Parents or persons who replace them, who will avoid fulfilling the necessary living conditions, training and upbringing of minors, will be punished by warning or imposing a fine of 50 to 100 tax-free minimum incomes.

The commission of a juvenile from fourteen to sixteen years of an administrative offense results in the imposition of a fine on parents or persons who replace them from 50 to 100 tax-free minimum incomes of citizens.

If minors commit a crime for which the Criminal Code of Ukraine is responsible and if they have not reached the age from which criminal liability comes, their parents will be fined for the amount of 100 to 300 non-taxable minimum incomes of citizens.

Failure to comply with the decision of the guardianship and guardianship body regarding the definition of ways to participate in the upbringing of a child and communication with her from a parent who lives separately from the child entails a fine of 100 to 150 non-taxable minimum incomes of citizens.

In addition, an automated arrest of the debtor's funds under enforcement proceedings for the collection of alimony in accordance with the procedure established by the Ministry of Justice of Ukraine in agreement with the National Bank of Ukraine, the prosecution of persons who deviate from socially useful work and the obligation of the convicted to work to ensure payment alimony

Government changed rules of crossing the border for children

From now on, citizens of Ukraine under the age of 16 may travel abroad before the expiration of their travel document.

The government has supported certain changes regarding the simplification of the procedure for going abroad for certain categories of citizens of Ukraine who have not reached the age of 16. The proposals were worked out by experts of border control of the Administration of the State Border Guard Service in accordance with the requirements of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine regarding documents confirming the citizenship of Ukraine, certifying the person or his special status, aimed at liberalization of the European Union visa regime for Ukraine."

From now on, the requirements for going abroad for children have been liberalized in the case of self-propelled airplanes. Amendments to parents provide the right to entrust the support of children traveling by air, members of the crew of aircraft in accordance with the requirements of the International Civil Aviation Organization.

In addition, the validity period of the travel document of the child is specified. In particular, citizens of Ukraine under the age of 16 may travel abroad before the expiration of their travel document. That is, it is valid during the term for which it is issued by a public authority.

Particular attention deserves to be brought in line with the European legislation crossing the border with children born outside Ukraine. Now, for this category of juvenile citizens of Ukraine accompanied by a single mother, it is enough to have a passport document and birth certificate issued by the competent authorities of a foreign state, which does not contain information about the child's father and certified by the established procedure.

The adopted changes will come into force on the day of the official publication of the resolution.

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