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Legal news in Ukraine: the persecution of judges, the appeal of deputies to the Constitutional Court, new law came into force, admission to the magistracy of law, the procedure for using the documents of the National Archive is changed

19.08.2018 / 09:54

Legal news in Ukraine: the persecution of judges, the appeal of deputies to the Constitutional Court, new law came into force, admission to the magistracy of law, the procedure for using the documents of the National Archive is changed

The CJU expressed concern about the prosecution of judges

The Council of Judges of Ukraine adopted a decision emphasizing the inadmissibility of bringing a judge to criminal responsibility for the adoption of a judicial decision.

The reason for the meeting was numerous appeals of the judges because of the closure of the criminal case against the mayor of Kharkiv Gennady Kernes. The Kiev district court of Poltava closed the case because prosecutors refused to support the state prosecution. The media repeatedly called for the prosecution of a judge in the case – Andriy Antonov. Also, the Prosecutor General's Office is currently investigating the issue of opening criminal proceedings against a judge on the fact that a judge made an illegal decision.

The Council of Judges Chairman Oleg Tkachuk emphasized that the Council, as the representative body of each judge, should take steps to ensure that the prosecutor's office and the lawyers respect the work of judges.

The secretary of the meeting, the judge of the Ternopil Regional Administrative Court Andriy Zhuk, said that often a party who does not agree with a court decision demands that the judge must be prosecuted. He also said that international regulations and national Ukrainian legislation provide that disagreement with court decisions is possible only by filing an appeal or cassation appeal.

«Public criticism and the legal assessment of the adopted court decision before the review in the appellate or cassation instance and the public assessment of the judge's actions before the decision of the High Council of Justice are not permissible», added Zhuk.

«When after the judge makes a decision, the proceeding on article 375 (pronouncing a knowingly unjust verdict) is opened against him, and then special check of National agency of corruption prevention begins, then this is baiting», added member of the Council of Judges of Ukraine Tatyana Suyarko.

In turn, the Supreme Court Justice Vladimir Kravchuk said that public statements by prosecutors and the pressure on the judges before a legal assessment of the decision by the court of appeal are «unacceptable practice».

As a result, the Council of Judges of Ukraine adopted Decision No. 45 on the inadmissibility of interference with the activity of judicial authorities, as well as public statements by officials of state authorities and law enforcement bodies on the necessity of bringing judges to criminal responsibility for the adoption of a court decision before a judicial assessment of the decision by the appellate (cassation) instance, and the actions of the judge – by the High Council of Justice.

The judges are asked to comply with the Code of Judicial Ethics and the requirements of the procedural laws and norms of substantive law and practice of the ECHR, and the press services of the courts – to coverage in time and in full proceedings of the resonant cases.

The press service of the Court of Appeal of the Poltava region should provide online broadcasting of the trial in the case of Judge Antonov.

In addition, the Council of Judges of Ukraine offers the courts to discuss issues of compliance by participants in criminal trials with the requirements of Article 129 of the Constitution of Ukraine regarding the equality of all participants in the trial before the law and the court.

Relevant generalizations and conclusions on this subject should be sent to the Council of Judges of Ukraine by September 14, 2018.

It is also planned to propose to the Council of Prosecutors of Ukraine, the National Association of Advocates of Ukraine, associations, unions and other representative bodies of the advocate community to hold a joint session with the CJU on September 21 to discuss prosecutors and lawyers' compliance with the basic principles of legal proceedings and ethical standards. participation in the administration of justice and litigation.

The session will discuss the compliance of prosecutors and lawyers (who participate in litigation) with the basic principles of legal procedure and ethics.

The Constitutional Court will review the provisions of the Law on the National Agency for the Investigation of Assets

The Constitutional Court of Ukraine received a petition from 56 people's deputies of Ukraine regarding the constitutionality of certain provisions of the Law "On the National Agency of Ukraine on Detection, Investigation and Asset Management of Corruption and Other Crimes", the press service of the court reported.

The Constitutional Court will check on compliance with the Constitution of Ukraine the provisions of paragraph 4 of part one of Article 1, 19, 20, 21 of the Law in conjunction with certain provisions of Article 100 of the Criminal Procedural Code of Ukraine. In particular, the provision «and, in the absence thereof, by the decision of the investigating judge, court» of paragraph 2 of the sixth paragraph of the seventh part sixth, part seven, of the provision «and in cases where substantive evidence has been transferred to the National Agency of Ukraine for the Detection, Search and Management assets derived from corruption and other crimes, in accordance with the law and adopted by it acts of legislation» part eight of Article 100 of the Criminal Procedure Code of Ukraine».

The provisions of the Law and the Criminal Procedural Code of Ukraine, which challenge, are unconstitutional. The deputies stated that they discriminated against citizens because of the possession of their arsenal property and violated the constitutional guarantees of the right to private property.

The Law on Family Farms came into force

On August 15, 2018, the Law of Ukraine on Amendments to the Tax Code of Ukraine and certain laws of Ukraine came into force in order to stimulate the formation and operation of family farms.

Now the inhabitants who have organized the family farming have the opportunity to be taxpayers of the single tax of the fourth group.

To do this, they must meet the following conditions:

carrying out activities exclusively within the limits of a farm registered in accordance with the Law «On Farm»;

exclusively engaged in the production, processing and supply of agricultural products;

realization of economic activity (except delivery) at the place of tax address;

not using the labor of hired persons;

members of the farm are only members of the family of this person in defining part two of Article 3 of the Family Code of Ukraine;

the area of agricultural land and land of the water fund in the use of the farm members should be not less than 2, but not more than 20 hectares.

For all members of the farm, a privileged procedure for paying a single social contribution is provided. It is a supplement to a single social contribution at the expense of the State budget for 10 years and the establishment of the payment of personal income tax on rental payments for land plots (units), to local budgets at the location of such land plots.

Applicants to the magistracy of law received recommendations for enrollment

More than 2 thousand entrants to the magistracy in the specialties «law» and «international law» received recommendations for enrollment on the budget, distributed by a broad competition.

For the first time, places in the magistracy of legal specialties were not given to specific higher education, but «will go» for the best entrants in their chosen universities.

In particular, 1 997 admissions to the Master’s program «Law» and 69 – to «International Law» were received.

Admissions commissions will publish lists of entrants. You can also view the relevant information at https://vstup.edbo.gov.ua/ by filling in the required information in the request form.

Applicants admitted to enrollment must submit papers to the University before 18:00 on August 18, and the enrollment will take place before 18:00 on August 20.

Transfer to vacant budget places will take place by August 28th.

It should be noted, that this year, entrance examinations in the master's degree in «Law» and «International Law» were held on the basis of external independent evaluation technology.

Applicants made the only entrance exam in a foreign language – English, or German, or French, or Spanish, and a single faculty entrance exam for law and general educational legal competences.

In general, more than 18 thousand people registered for admission to the magistracy «Law» and «International law». During the main session, 15,800 people took part in the testing, of which about 80% successfully passed the entrance test.

The procedure for using the documents of the National Archival Fond is changed

The Ministry of Justice of Ukraine has changed the procedure for using the documents of the National Archival Fond which belong to the state and territorial communities. This is stipulated by the Decree of the Ministry from July 27, 2018, No. 2059/5.

In particular, the order of copying archival documents changes. At the same time, copying documents of repressive organs is carried out without restrictions and is free of charge. An exception is made for this kind of documents. Documents of the repressive bodies include documents on the Holodomor.

The restrictions on copying are set on documents that are not documents of repressive organs – parchments, manuscripts, and so on. In particular, it is forbidden to copy the documents of large formats (more than A4) and cases with the thickness of the root more than 4 cm (with the exception of cases containing archival information of the repressive organs) by their own technical means.

And also: birch bark letters; parchment documents (material basis of the document, made from specially treated animal skin); old books; documents with fading or slightly contrasting text (fading text – text with noticeable signs of destruction: change in color, tint, aspiration, lubrication, etc.; low contrast text – the text, individual fragments or words which are poorly distinguished or not read at all); documents made with watercolor, gouache, pencil, charcoal; iron gall ink and archival funds, collections in full.

At the same time, copying of other documents by technical means of the user is carried out in the reading room in a specially designated place or in a separate room in the presence of the archive worker.

The user’s own production of fund documents copies is free of charge.

Users copy documents to phones, cameras and tablets without tripods, removable lenses, lighting equipment, flash, sound signals.

Do not allow the use of contact technical equipment (hand, tablet, extending scanners, etc.), fixing and clamping devices, hand tools and physical effort.

«Thus, the changes envisaged by this order do not contradict the norms of the current legislation, in particular, the Law of Ukraine «On access to archives of repressive bodies of the communist totalitarian regime of 1917-1991», the Ministry of Justice notes.

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