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Ukrainian law

Legal news in Ukraine: the abolition of changes to the Criminal Procedural Code, qualification of judges, case on the abolition of parliamentary immunity, Protocol No. 16 to the Convention on Human Rights, anti-corruption court

14.04.2018 / 11:00
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Legal news in Ukraine: the abolition of changes to the Criminal Procedural Code, qualification of judges, case on the abolition of parliamentary immunity, Protocol No. 16 to the Convention on Human Rights, anti-corruption court

The law, which partially abolished the changes to the Criminal Procedural Code on March 15, came into force

On April 12, the Law "On Amendments to the Criminal Procedural Code of Ukraine regarding the Specification of Certain Provisions" came into force.

This Law partly abolished the amendments to the Criminal Procedural Code, which were put into effect on March 15, 2018.

Thus, in particular, from March 15, filing a petition for the application of measures to ensure criminal proceedings, search or election precautionary measures was carried out solely on the basis of a decision of the investigating judge and submitted to a local court within the territorial jurisdiction of which is a (registered) body of pre-trial investigation, as a legal person, therefore, only 25 local courts in Ukraine viewed such submissions, which greatly increased the burden on the investigating judges of these courts.

However, Law No. 2367-VIII amended articles 132, 184, 234 of the Criminal Procedural Code of Ukraine and excluded from them the provision that filing a petition for the application of measures to ensure criminal proceedings, conducting a search or election of preventive measures, the appointment of an examination shall be carried out solely on the basis of an investigator's decision a judge and is submitted to a local court within the territorial jurisdiction of which is a (registered) body of pre-trial investigation as a legal entity.

From now on, such submissions are again submitted to the local general court within the territorial jurisdiction of which the pre-trial investigation body is located, as it was until March 15, 2018.

At the same time, the petition of investigators, prosecutors regarding the application of measures for the provision of criminal proceedings or the conduct of searches filed with the relevant courts before April 12, are considered in the manner in force prior to the entry into force of this Law.

72 judges passed qualification assessment

High Qualification Commission of Judges of Ukraine this week conducted interviews and identified 88 evaluation results of the qualification of judges of local and appellate courts against the position.

As a result, of the qualification evaluation 72 judges passed.

There are judges of Kharkiv appellate administrative court, Dnipropetrovsk appellate commercial court, Dnipropetrovsk appellate administrative court, Donetsk appellate administrative court; appellate courts of Vinnitsya, Kirovograd, Lviv, Chernivtsi, Dnipropetrovsk, Zhytomyr, Poltava, Zaporozhya and Lugansk regions.

In addition, qualification passed judges of Ismail district court of Odessa region, Obolon district court in Kyiv, Boryspil district court of Kyiv region, Skadovsk district court of Kherson region, Selydivsk city court of Donetsk region and Novopskov district court of Luhansk region.

It was decided to stop the qualification assessment for the judges of the Dnipropetrovsk appellate administrative court and the judge of the appellate court of Kirovograd region.

Higher Qualification Commission announced a break for judges Donetsk and Dnipropetrovsk appellate administrative courts, appellate court of Zaporozhya region and Holosiyivskiy district court of Kyiv.

Also, the break was announced in relation to four judges from the Obolonskiy, Pecherskiy, Svyatoshinskiy and Dniprovskiy courts of Kyiv.

Judge of appellate court of Dnipropetrovsk region Svetlana Mazhara, judge of Zhovtnevuy district court in Mariupol Olexiy Turchenko, judge of Skadovsk district court of Kherson region Olexander Kustov and judge of appellate court of Dnipropetrovsk region Irina Rusakova don’t passed qualification evaluation.

CCU has begun checking amendments to the Constitution regarding the abolition of parliamentary immunity

The Constitutional Court of Ukraine has started the consideration of the case on the constitutional appeals of the Verkhovna Rada of Ukraine on amendments to the Constitution in the part of the abolition of parliamentary immunity.

The draft law proposes to exclude parts of the first and third articles of the Constitution of Ukraine. In accordance with part one of Article 80 of the Constitution of Ukraine, MPs of Ukraine are guaranteed parliamentary immunity. In accordance with part three of Article 80 of the Constitution of Ukraine, people's deputies of Ukraine can not be prosecuted, arrested or arrested without the consent of the Verkhovna Rada of Ukraine.

According to Article 159 of the Constitution of Ukraine, the bill on amendments to the Constitution of Ukraine is considered by the Verkhovna Rada of Ukraine in the presence of the conclusion of the Constitutional Court of Ukraine as to the compliance of the draft law with the requirements of Articles 157 and 158 of the Constitution of Ukraine.

The Constitutional Court of Ukraine has already completed the hearing of the case in the open part of the plenary session and moved to the closed part of the plenary meeting to issue a conclusion.

The Supreme Court will be able to apply to the ECHR from August 1 for consultations on human rights cases

Protocol No. 16 to the European Convention on Human Rights, which allows national courts to receive ECHR human rights consultations, will enter into force on August 1, 2018.

Protocol No. 16 to the Convention, which Ukraine ratified in October 2017, states that it will enter into force on the first day of the month following the expiration of a period of three months from the date on which the ten High Contracting Parties to the Convention have expressed their consent to be bound by it. Protocol in accordance with the provisions of Article 7.

France ratifies Protocol No. 16 to the European Convention on Human Rights, triggering its entry into force. This was the tenth ratification, which therefore triggered the entry into force of that protocol establishing dialogue between the Strasbourg Court and the higher courts designated by the member States.

According to the Protocol, the national courts of the countries that have ratified the protocol may apply to the ECHR to advise them on issues related to the interpretation and application of the rights and freedoms set forth in this Convention and its protocols. Courts can apply to the ECHR to provide them with advisory opinions solely on cases that are in the process.

In this case, in the event of the national courts being seised in court, they must provide relevant legal and factual information regarding the case pending. The decisions of the ECHR will be substantiated and will not be binding.

In Ukraine, the Supreme Court is the supreme court that can apply to the European Court of Human Rights on the basis of its advisory opinions.

Nearly 2 thousand amendments came to the anti-corruption court bill

1950 amendments to the bill on the Supreme Anti-Corruption Court came to the second reading.

According to the speaker of parliament, this bill is still under consideration in the profile committee.

"After the adoption in the first reading, 1950 amendments were made to it. I know that the committee is working very hard on working out all the amendments," - Parubiy said.

At the same time, the Chairman of the Verkhovna Rada of Ukraine informed that last week he addressed a letter to the Venice Commission in order to send a representative to Ukraine to assist in drafting the bill for the second reading.

According to him, theoretically, if the next plenary session of the committee is finalized, this issue may appear on the agenda next Thursday.

"But most likely, it will be the first plenary week of May, because according to the Rules, according to the law and after the decision of the committee, people's deputies are entitled to two weeks to consider the table with the amendments," Parubiy said and predicted the consideration of the issue of the anti-corruption court in the first plenary week of May.

Recall that on March 1, 2018, the Verkhovna Rada of Ukraine adopted the draft law "On the Highest Anti-Corruption Court", introduced by the President of Ukraine Petro Poroshenko, in the first reading.

The most controversy was caused by the provision defining the requirements for candidates for a judge of the Supreme Anticorruption Court, and the issue of the jurisdiction of criminal proceedings to a new court.

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