Ukrainian law

Legal news in Ukraine: subsistence minimum, minimum wages, court fees and lawyers’ contribution increased, Law on the adjacent zone has come into force, conditions for remuneration of court experts were determined, state registrars will pass the exam

07.01.2019 / 17:36
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Legal news in Ukraine: subsistence minimum, minimum wages, court fees and lawyers’ contribution increased, Law on the adjacent zone has come into force, conditions for remuneration of court experts were determined, state registrars will pass the exam

The subsistence minimum for able-bodied people and the minimum wage increased in Ukraine

The Law of Ukraine «On the State Budget of Ukraine for 2019» came into force on January 1, 2019. The law establishes the living wage for able-bodied persons: from January 1, 2019 – 1 921 UAH, from July 1 – 2 007 UAH, from December 1 – 2 102 UAH.

For people who have lost their ability to work, the subsistence level (minimum pension) will be 1 497 UAH – from January 1, 2019, 1 564 UAH – from July 1 and 1 638 UAH – from December 1, 2019.

The law sets the minimum wage in 2019: in monthly amount – 4 173 UAH and hourly rate – 25.13 UAH.

The growth of the subsistence level for able-bodied individuals affects social benefits, fines, court fees, alimony, salary of law enforcement officers, prosecutors and judges.

At the same time, the growth of the minimum wage affects the size of a single social contribution. Therefore, starting from January 1, 2019, the maximum amount of the deposit base is 15 minimum wages – 62 595 UAH (15 * 4173.00). Accordingly, the maximum amount of social contribution is 137 70.9 UAH (62 595 * 22%).

Court fees have increased

Due to raising of the subsistence level for able-bodied people (up to UAH 1921) court fees have increased from January 1, 2019.

The court fee is paid in accordance with the subsistence minimum for able-bodied persons, established on January 1 of the calendar year in which the corresponding application or complaint is submitted to the court. The fee is paid in percentage terms to the claim price and in a fixed amount.

In particular, the сourt fee in the case of a property claim (civil legal proceedings) filed by a legal entity must amount to 1,5 percent of the claim price, but not less than 1 and no more than 350 minimum living wage for able-bodied persons: minimum – 1 921 UAH and maximum – 672 350 UAH.

If the application is filed by a natural person or an individual entrepreneur, then the rate is calculated as 1 percent of the claim price, but not less than 0,4 and no more than 5 sizes of the of the subsistence minimum for able-bodied persons: minimal – 768,4 UAH and maximum – 9 605 UAH.

The amount of the lawyer's annual contribution has been increased

The Council of Advocates of Ukraine has set the amount of the annual contribution of the lawyer in 2019 at the level of the subsistence level for able-bodied persons – 1921 UAH.

Attorneys pay annual contributions until January 31, with two payments. 70% is paid to the current account of the relevant the region council of advocates, and 30% – to the account of the Ukrainian National Bar Association.

For city Kyiv lawyers there is a separate procedure for paying an annual fee. They transfer the contribution with a single payment to the UNBA account.

The Law on the adjacent zone of Ukraine came into force

On January 4, 2019, the Law of Ukraine «On the adjacent zone of Ukraine» came into force.

The adjacent zone of Ukraine is an open sea area that is adjacent to the territorial sea of ​​Ukraine and the outer limit of which is no more than 24 nautical miles.

Ukraine in its adjacent zone carries out the control necessary to prevent violations of customs, tax, migration, sanitary legislation of Ukraine within the territory of the country, including its internal waters or the territorial sea.

For this purpose, the authorized body may: stop the vessel; inspect the vessel; detain or arrest vessels and / or their crew members, except for warships and other state vessels used for non-commercial purposes.

If a vessel violates Ukrainian legislation and attempts to disappear, the authorized body has the right to pursue such a ship in hot pursuit for its detention and prosecution – in accordance with the 1982 United Nations Convention on the Law of the Sea.

In the event of arrest or detention of a ship, the authorized Ukrainian authorities immediately notify the flag State of the measures taken and sanctions applied.

The government has established conditions for remuneration of court experts

The Government has defined conditions for remuneration of the employees of research institutions of forensic examinations of the Ministry of Justice of Ukraine.

According to the document, the salary of employees is determined by multiplying the subsistence minimum of able-bodied persons, established on January 1 of the calendar year, in the corresponding position of the coefficient.

For example, the salaries of forensic experts and research staff are 20 170.5 UAH: 1921 UAH * 10.5.

Judicial experts also receive bonuses for qualifying classes – from 200 to 700 UAH.

Also, the document established the procedure for calculating the length of service to establish a monthly allowance for seniority.

State registrars will pass an exam on knowledge of Ukrainian legislation

From January 1, 2019 state registrars will conduct an exam on knowledge of Ukrainian legislation.

The exam will write candidates for the position of registrars, as well as registrars who were previously disconnected from access to registries.

The exam will be written in a separate room, it will be recorded on video, and the media will get open access.

The exam will include a question on the state registration of real rights, legal entities, corporate rights, and anti-corruption legislation. In order to pass the exam, you need to give a correct answer to 75 percent of the questions.

Deputy Minister of Justice Olena Sukmanova stressed that only after completing the exam and obtaining the corresponding certificate the state registrar will be able to start work. «If someone failed to pass the exam the first time, you can do it again at any time. You do not have to wait a month, two or three to try again», said Sukmanova.

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