Ukrainian law

Legal news in Ukraine: the election of the head of the Constitutional Court, the law on the reintegration of the Donbas, the increase of military pensions, moratorium and inspections, a program for preparing candidates for a judge

24.02.2018 / 11:00
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Legal news in Ukraine: the election of the head of the Constitutional Court, the law on the reintegration of the Donbas, the increase of military pensions, moratorium and inspections, a program for preparing candidates for a judge

The head of the Constitutional Court was chosen and regulation was approved

On February 21, at the special plenary session of the Constitutional Court of Ukraine, finally, the President of the Court was elected. Judge Stanislav Shevchuk became the head of the court.

Shevchuk was appointed a judge of the Constitutional Court of Ukraine by a resolution of the Verkhovna Rada of March 13, 2014.

Before being appointed to the Constitutional Court, he worked for 2009 and from 2012 as a judge of the European Court of Human Rights ad hoc from Ukraine.

The position of the head of the Constitutional Court was vacant since March 2017, when the then chairman of the Court Yuriy Baulin had expired. Until June he served as head of state as the oldest judge. However, in June 2017, he terminated the term of office of the judge of the KCU and the duties of the temporary administrator of the Court was taken by Viktor Krivenko.

Elections of the President of the Constitutional Court last year were assigned three times and three times these attempts ended with nothing, but this year, from the third attempt, the head of the Constitutional Court still managed to appoint.

Currently, the Constitutional Court employs 14 judges and is expected to appoint four more by the quota of the parliament and the President.

Also, on February 22, the Constitutional Court of Ukraine, at its plenary meeting, adopted the Rules of Court.

In accordance with the Law of Ukraine "On the Constitutional Court of Ukraine" the Rules of the Court determine the organization of the internal work of the Court. The Regulation, among other things, also defines the procedure for consideration of constitutional complaints.

It should be noted that according to the new Law on the Constitutional Court, the regulations were to be adopted within three months from the date of the official publication of this Law, that is, until November 2, 2017. However, as well as the election of the Chairman of the Constitutional Court, the adoption of the regulation was delayed.

The law on the reintegration of the Donbas came into force

On February, 24 the Law on peculiarities of the state policy on ensuring the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions came into force.

The law defines the features of state policy on ensuring the state sovereignty of Ukraine in temporarily occupied territories in the Donetsk and Luhansk regions.

The law states that "temporarily occupied territories in the Donetsk and Luhansk regions on the day of the adoption of this Law recognize parts of the territory of Ukraine within which the armed formations of the Russian Federation and the occupational administration of the Russian Federation have established and exercise general effective control".

The law states that the legal status of the temporarily occupied territories in the Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the city of Sevastopol, as well as the legal regime in the specified territories, are determined by this Law, the Law of Ukraine" On ensuring the rights and freedoms of citizens and legal regime in the temporarily occupied territory Ukraine", other laws of Ukraine, international treaties, the consent to be bound by the Verkhovna Rada of Ukraine, principles and norms of international law.

According to the law, the temporary occupation by the Russian Federation of the territories of Ukraine, as defined in part one of Article 1 of this Law, irrespective of its duration, is illegal and does not create any territorial rights for the Russian Federation.

The Act stipulates that the activities of the armed forces of the Russian Federation and the occupation administration of the Russian Federation in the Donetsk and Luhansk regions, which contravene the rules of international humanitarian law, are illegal, and any act issued in connection with such activity is invalid and does not create any legal consequences, in addition to documents proving the birth or death of a person in temporarily occupied territories in the Donetsk and Luhansk oblasts, which are attached to the application for state registration of the birth of a person and applications for state registration of death of a person respectively.

According to the law, the responsibility for moral and material damage inflicted on Ukraine by the state of Ukraine, state authorities and local self-government bodies, individuals and legal entities, relies on the Russian Federation.

In the territories of the temporarily occupied territories in the Donetsk and Luhansk regions there is a special procedure for ensuring the rights and freedoms of civilians defined by this Law, other laws of Ukraine, international agreements, the consent of which the Verkhovna Rada of Ukraine is bound by, and principles and norms of international law.

The law states: "Ukraine, territorial communities of villages, settlements, cities located in the temporarily occupied territories in the Donetsk and Luhansk regions, state authorities, local governments and other subjects of public law retain the right of ownership, other real property rights , including real estate, including land plots located in temporarily occupied territories in the Donetsk and Luhansk regions".

The procedure for the regulation of transactions and the realization of the rights of the subjects specified in parts six and seven of this article, determined by the Law of Ukraine "On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine," applies mutatis mutandis to the temporarily occupied territories Ukraine in the Donetsk and Luhansk regions, except for the order of entry of persons to temporarily occupied territories in Donetsk and Luhansk regions and the exit from them, which is established in accordance with this Law, and the order of t rytorialnoyi jurisdiction of cases, defendants located in the temporarily occupied territories of Donetsk and Lugansk regions courts established under the Law of Ukraine "On the administration of justice and criminal proceedings in connection with the anti-terrorist operation."

The law states that persons who participate in the armed aggression of the Russian Federation or involved in the occupation administration of the Russian Federation are held responsible for acts that violate Ukrainian legislation and international humanitarian law.

According to the law, the state policy of ensuring the state sovereignty of Ukraine in the temporarily occupied territories in the Donetsk and Luhansk regions is based on the Constitution and laws of Ukraine, international treaties, the consent of which is binding on the Verkhovna Rada of Ukraine, principles and norms of international law.

The objectives of the state policy of ensuring the state sovereignty of Ukraine in the temporarily occupied territories in the Donetsk and Luhansk regions are as follows:

the release of temporarily occupied territories in the Donetsk and Luhansk regions and the restoration of constitutional order in these territories;

protection of the rights, freedoms and legitimate interests of individuals and legal entities;

ensuring the independence, unity and territorial integrity of Ukraine.

The law states that the Russian Federation, as an invading state, in accordance with the IV Hague Convention on the Laws and Customs of the War on the Land and its annex, is obliged to ensure the protection of the rights of the civilian population and create the necessary conditions for its life.

The fact of the final withdrawal and the complete absence of all armed units of the Russian Federation in the Donetsk and Luhansk oblasts in the manner prescribed by this Law shall be established by the Minister of Defense of Ukraine and the Minister of Internal Affairs of Ukraine by a joint submission to the President of Ukraine, which alone makes a decision on this basis.

Final and transitional provisions established that this Law enters into force from the day following the day of its publication.

This Law shall operate without prejudice to the inalienable right of Ukraine to the territory temporarily occupied by the Russian Federation, the Autonomous Republic of Crimea and the city of Sevastopol, and measures aimed at restoring the territorial integrity of Ukraine within its internationally recognized state border.

The Law amended the laws of Ukraine: "On the Status of War Veterans, Guarantees of Their Social Protection", "On Local Self-Government in Ukraine", "On Civil-Military Administrations", "On the Legal Status of Military Status", "On the Armed Forces of Ukraine" "On the Prosecutor's Office", "On Court Fees", "On Combating Terrorism", "On Counterintelligence".

The government has approved an increase in pensions for military personnel

The Cabinet of Ministers of Ukraine approved the decision to raise pensions to military personnel from January 1 on average by UAH 1,500.

This decision of the government does not require any changes to the current legislation and it will be in force until the moment of elaboration and adoption of the relevant bill, the discussion of which is still ongoing.

Meanwhile, the Minister of Internal Affairs said that from January 1, 2018, all categories of pensioners of the Ministry of Internal Affairs system will receive an increased pension. In particular, these are servicemen and employees of the State Border Guard Service, the National Guard, the State Emergency Service and the National Police.

From January 1, 2018 to December 31, 2019, all categories of pensioners of the Ministry of Internal Affairs will receive monthly pension benefits in a new enumerated amount plus an additional payment for 2016.

Concerning the recalculation of the pension in accordance with the Law of Ukraine "On Pension Provision of Persons Discharged from the Military Service and Some Other Persons", namely: servicemen of the State Border Guard Service of Ukraine, the National Guard of Ukraine, persons of the private and command personnel of the State Emergency Service of Ukraine . Recalculation is made from January 1, 2018. Pensions will be determined at the expense of: a salary, a special rank, and an allowance for seniority, determined as of March 1, 2018, in accordance with the Cabinet of Ministers Decree of 30.08.2017. The payment of pensions will be made as follows - from January 1, 2018, the old pension will be increased from 50% of the increase. From January 1, 2019 to December 31, 2019, the old pension amount and 75% of the increase. From January 1, 2020, a fully-fledged new retirement pension.

The 24 control bodies are not subject to a moratorium on inspections in 2018

The Government approved the list of state supervision (control) bodies, which are not subject to the Law of Ukraine "On the Temporary Peculiarities of Implementation of State Supervision (Control) Measures in the Field of Economic Activity".

In this way, scheduled inspections may be carried out by the National Bank of Ukraine, the National Council for Television and Radio Broadcasting, structural subdivisions on issues of state architectural and construction control of the Kyiv and Sevastopol city state administrations, executive bodies on issues of state architectural and construction control of rural, urban and city councils, executive bodies city councils of cities of oblast significance and village, township, city councils of joint territorial communities (in terms of measures for state control over subordinates annyam labor legislation) and public market surveillance.

The activity of the State Committee for Procurement and its territorial bodies is not subject to the moratorium on state veterinary and sanitary control, state supervision (control) in compliance with sanitary legislation, safety and separate indicators of food quality, compliance with consumer protection laws, state supervision in spheres of quarantine and plant protection.

It is also deduced from the moratorium of the State Fiscal Service of Ukraine, the Ministry of Environment, the Antimonopoly Committee, State Service for Special Communication and Information Protection of Ukraine, the State Service of Ukraine on Medicines and Drugs Control, State Service of Geology and Mineral Resources of Ukraine, The State Service of Ukraine for Geodesy, Cartography and Cadastre, The National Commission for state regulation in the energy and utilities , National Commission on securities and stock market, State Aviation Administration of Ukraine, the State Audit Service of Ukraine State Ecological Inspection of Ukraine, partly the State Emergency Service of Ukraine and others.

Such an approach to the establishment of the list of state supervision (control) bodies in accordance with the government's position was applied to ensure the development of entrepreneurship, as well as to ensure control over the most vulnerable and risky spheres of public relations and fulfillment of international legal obligations of Ukraine.

The procedure and the program of special training of candidates for a judge have been approved

The High Qualifications Commission of Judges of Ukraine approved the legal acts regulating the procedure for the special training of candidates for a judge's position.

Approved the procedure of special training for candidates for a position of judge, a program for special training of candidates for a position of judge who have been working as a judge's assistant for at least three years and a curriculum for special training of candidates for a position of judge who have been working as a judge's assistant for at least three years .

Special preparation of candidates for the position of judges is carried out by the National School of Judges of Ukraine in accordance with the curricula and curricula for the special training of candidates for the position of judges and candidates for a position of judge who have been in the position of assistant judge for at least three years.

Special training is carried out within 12 months (for candidates for a position of judge who have been working as an assistant judge for at least three years, within three months) at the expense of the State Budget of Ukraine.

During the period of special training for a candidate for a judge the main place of work is preserved, a scholarship is paid in the amount of the official salary of the assistant judge of the local court.

The term of special training at the National School of Judges of Ukraine is included in the professional experience in the field of law.

Special training includes theoretical and practical training of candidates for the post of judge and consists in the formation of professional skills, skills and high professional culture, psychological adaptation to the profession of judge.

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