Ukrainian law

Legal news in Ukraine: the lack of judges, the transfer of judges, the decision of the Supreme Court to comply with ECHR judgments, the new procedure for executing decisions on the imposition of a penalty in the form of a fine, plan for the implementation

02.06.2018 / 11:11
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Legal news in Ukraine: the lack of judges, the transfer of judges, the decision of the Supreme Court to comply with ECHR judgments, the new procedure for executing decisions on the imposition of a penalty in the form of a fine, plan for the implementation

Ukraine lacks 2,400 judges

There are 2,400 vacancies in the judicial system of Ukraine. It is about 30% of the total required number of judges.

Head of High qualification commission of judges of Ukraine Sergiy Koziakov said, the situation with staffing of the courts is extremely serious, and the deficit of judges may increase.

According to his forecast, the shortage of judges by the end of the year may amount to about 40% of the required amount.

In Ukraine, a large-scale assessment of the entire judicial corps is now under way for compliance with the positions occupied. In the course of this process, all judges must prove not only their professional competence, but also integrity - which is far from all.

According to the first results of the tests and interviews with the judges of the first and second instance, qualification commission recommended that 10% of the candidates be released from the judicial system. By May 2018, a total of 1,700 candidates for positions in courts of first and second instance passed the full cycle of qualification tests.

At the beginning of the initial qualification assessment, at the beginning of the judicial reform, about 1500 judges refused to pass him and resigned immediately.

The judges of the supreme courts are transferred to the appellate courts

The High Qualifications Commission of Judges of Ukraine began to give recommendations for the transfer of judges from higher specialized courts that had ceased their activities.

Thus, the Commission decided to recommend to transfer the 22 judges of High Specialized Court of Ukraine for Civil and Criminal Cases to the appellate courts of Zaporizhia, Kharkiv, Sumy, Odesa, Khmelnytsky, Dnipropetrovsk, Zhytomyr, Kirovograd, Vinnitsa regions and Kyiv Court of Appeal.

Also the High Qualification Commission recommended the transfer of 15 judges of the Higher Administrative Court of Ukraine to Kiev, Odessa, Donetsk, Vinnytsia and Lviv District Administrative Court and 32 judges of the Supreme Economic Court of Ukraine – to the Economic Court of Kyiv, the Kyiv Economic Appellate Court, Appellate Court of Kiev region, and Odessa, Donetsk, Kharkiv, Lviv, Dnipropetrovsk appellate economic courts.

At the same time, the decision to transfer judges of the Supreme Court of Ukraine has not yet been taken. The judges of the Supreme Court of Ukraine sent an application to the Commission asking to postpone the consideration of this issue for a later, especially until the Constitutional Court of Ukraine verifies the issue of termination of the SCU activity on constitutionality.

Judges of the Supreme Court of Ukraine believe that today there are no rules of the Constitution of Ukraine concerning the elimination of the Supreme Court of Ukraine as a judicial body that has constitutional status and is a legal entity of public law.

Regarding the transfer of judges, they consider that they must be transferred in accordance with the provisions of Article 82.3 of Law No. 1402-VIII of the Supreme Court of Ukraine to continue to hold similar positions in the new Supreme Court.

The procedure of execution by the authorized bodies on probation of court decisions on the imposition of a penalty in the form of a fine has come into force

On May 25, the Order of the Ministry of Justice of Ukraine dated April 27, 2018, No. 1301/5, came into force, which approved the Procedure for the execution by the authorized bodies on probation of court decisions on the imposition of a penalty in the form of a fine.

The order specifies that when executing a court decision a probation officer shall be responsible for keeping records of convicts, controlling the fines imposed by convicts and filing applications for convicts who violate the terms of payment of a fine or refrain from paying a fine.

Execution of court decisions is carried out at the place of residence of the convicted person.

The basis for executing a court decision is a copy of the court's decision and the court order to execute it.

Within three days, the probation body sends to the court that issued the decision, the notification of the court decision to be executed, and to the units of information support and police coordination of the territorial police authorities - a report on the convicted person.

On the day of the receipt of the judgment, the convict at the address specified in the court decision sends a message.

A convict is obliged to pay a fine within a month after the court decision has been valid and inform the probation body thereof by filing a document on payment of a fine.

If a convicted person is assigned a fine with a installment payment of certain parts, he is obliged to pay a fine in the amount and time limits established by the court decision.

In the event that a fine is imposed as additional punishment for deprivation or restriction of liberty, in accordance with paragraph 1 of part one of Article 537 of the Criminal Procedure Code of Ukraine, the probation body shall forward to the court a submission on postponement of execution of the court decision to the sentence of deprivation or restraint of liberty by the convicted person.

The execution of a penalty in the form of a fine is terminated, and the convicted person is removed from the account due to:

fine payment;

replacement of the unpaid amount of a fine by way of punishment in the form of public, corrective labor or imprisonment;

cancellation of a verdict;

application of an amnesty;

the edition of the Decree of the President of Ukraine on pardon;

death;

change in the sentenced person's permanent place of residence.

The Grand Chamber of the Supreme Court has taken measures to implement the decisions of the ECHR

The Grand Chamber of the Supreme Court has taken additional measures of individual character to implement the judgments of the European Court of Human Rights in the cases of "Shabelnik v. Ukraine" and "Shabelnik v. Ukraine (No. 2)".

The ECHR found violations by Ukraine of the Convention for the Protection of Human Rights and Fundamental Freedoms (the "Convention") during the pre-trial investigation and consideration of the applicant's criminal case. The Grand Chamber of the Supreme Court took into account the legal positions of the ECHR expressed in the cases of "Yaremenko v. Ukraine (No. 2)" and "Moreira Ferreira v. Portugal (No. 2)", and decided that the only supplementary measure of an individual nature to be applied in Mr Shabelnik's case, there is a restitution, to the extent possible, of the prior legal status that the applicant had before the violation of the Convention (restitutio in integrum). That is, a full review of the criminal case in respect of the murder and robbery suspected of the applicant, during which the ECHR found violations of Article 6 of the Convention.

The Grand Chamber of the Supreme Court considered it impossible to abrogate the current sentence regarding the applicant in respect of the crimes committed against him by a minor child (kidnapping, murder, seizure as a hostage and subsequent extortion of money from his parents) since the ECHR did not establish violations of the Convention during the pre-trial investigation and trial cases in part of these crimes.

Compliance with the applicant's request for the annulment of his sentence in that part in which the ECHR did not establish any violation by Ukraine of the Convention would be the court's withdrawal beyond the review of exceptional circumstances of court decisions adopted at the national level, namely violation of the principle of legal certainty, which provides for respect to the principle of the final outcome of court decisions.

The government has adopted an action plan for the implementation of the UN Convention on the Rights of the Child

The Cabinet of Ministers of Ukraine approved the State Social Program "National Action Plan for the Implementation of the UN Convention on the Rights of the Child" for the period until 2021.

By ratifying the UN Convention on the Rights of the Child on September 27, 1991, Ukraine undertook obligations, hence the Law of Ukraine "On the National Program "National Action Plan for the Implementation of the UN Convention on the Rights of the Child" for the period until 2016 was adopted.

The program was developed to improve the state policy of securing and protecting children's rights, updating the model of work of state authorities and local governments at all levels directed to respecting the interests of children in accordance with international standards and priorities of the Council of Europe Strategy for the Rights of the Child (2016-2021).

This target is envisaged to achieve by reforming the system of securing children's rights, establishing partnership among executive authorities, local governments and territorial communities.

One of the initiatives of the Ministry of Social Policy in relation to responsible parenting within the framework of the program's implementation has become the provision of each newborn child with one-time natural assistance "Baby Package".

The "Baby Package" will contain all the essential things for a newborn during first months of life. This kit will be added to already existing childbirth payments. Another initiative within the framework of the program was the introduction of a Municipal Nanny mechanism.

Funding for care services envisaged for children up to three years will be introduced starting January 1, 2019. The mechanism is transparent and simple - the parents hire a nanny formally, independently choosing a specialist and determining the conditions for controlling her work, and at the end of the year will be compensated for each month of work of the nanny amounting the size of the subsistence minimum for children under the age of six. Such mechanism creates the ability for parents to independently choose nannies, monitor their activities, and receive support if mothers have to go to work, as well as for families with many children.

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