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Legal news in Ukraine: the law on an anticorruption court, changes in the Law on communal services, the CCU's opinion on the abolition of parliamentary immunity, qualification judges, fees for using the system of enforcement, the educational ombudsman

09.06.2018 / 11:00
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Legal news in Ukraine: the law on an anticorruption court, changes in the Law on communal services, the CCU's opinion on the abolition of parliamentary immunity, qualification judges, fees for using the system of enforcement, the educational ombudsman

Verkhovna Rada adopted the Law "On Supreme Anticorruption Court"

The Verkhovna Rada adopted the Law "On Supreme Anticorruption Court", the draft of which was submitted to the Parliament by the President of Ukraine in December 2017.

The legislative act defines organizational principles and procedures of the court, special requirements to judges of the court and guarantees for their activities, as well as peculiarities of a vacancy competition for a position of a judge at the Supreme Anticorruption Court.

By law, the body is designated to be a standing supreme specialized court within the Ukrainian judicial system designed to administer justice in accordance with the legally established principles and procedures in order to protect Person, Society and State from corruption and related crimes, and for conducting a judicial control over pre-trial investigations of these crimes, observance of the rights, freedoms and interests of individuals under criminal proceedings.

The law provides the court a nationwide jurisdiction.

The court is to analyze judicial statistics, study and summarize judicial practice in criminal proceedings assigned to its jurisdiction and to transmit the generalization results to the Supreme Court providing it with  proposals related to activities of the Supreme Anticorruption Court, the special requirements to the judges and the guarantees for their activities, and is also to make them public on its official website.

The law establishes a range of special requirements for a judge of the Supreme Anticorruption Court, requirements for a vacancy competition for the post of a judge at the Supreme Anticorruption Court. As per the law, the Public Council of International Experts exercises its responsibilities through seven members to be appointed by the High Qualifications Commission of Judges of Ukraine solely based on proposals from those international organizations that cooperate with Ukraine in preventing and counteracting corruption in accordance with Ukraine’s international treaties.

At least two postulants are allowed to be nominated to sit on the council by each of the said international organizations.

The above high commission is only entitled to undertake on the nominees once the number of the candidates is twice as big as the chairs vacant there at the least.

The council nominees may only be appointed at an open sitting of the High Qualifications Commission of Judges of Ukraine.

Members of the council may be citizens of Ukraine or foreigners with an impeccable business reputation, with high professional skills and moral qualities, of public esteem, weight and standing, having at least a five-year experience in investigations and procedural (law) guidance, or administration of justice in corruption-related cases, including outside Ukraine.

Members of the council are to be appointed for a term of two years and cannot be re-appointed again.

The law defines peculiarities of the court judges’ status, additional security guarantees for them, an integrity monitoring procedure of the judges, and conditions for improving their professional competence.

The law appropriately amended the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Supreme Council of Justice".

Parliament has postponed the entry into force of the Law "On Housing and communal services"

Parliament postponed the implementation of the Law "On Housing and Communal Services" until May 1, 2019, only in terms of regulating utilities. It is water, heat, waste management, electricity and gas.

The bill adopted amends the law of Ukraine on commercial accounting of thermal energy and water supply and the law of Ukraine on housing and communal services with the aim to postpone the deadlines for application of financial sanctions for breach of commercial accounting legislation.

The law puts off until September 1, 2019 the sanctions against businesses for non-compliance with mounting terms of thermal energy and water supply meters (counters) and postpones enactment of the law on housing and communal services until May 1, 2019. 

At the same time, since June 10 this year, an apartment management service is being introduced. From next month owners of apartment houses will be able to independently choose a manager.

According to the Laws "On Utility Utilities "and "On Commercial Accounting for Thermal Energy and Water Supply" more than 50 subordinate acts are already being developed, 30 of which have already been approved.

Transitional provisions regarding the compensation of subsidies and privileges for installments relating to the installation of meters and for house management services are also specified.

The Law "On Commercial Accounting for Thermal Energy and Water Supply" was adopted by the Parliament on June 22, 2017, the Law "On Housing and Communal Services" - on November 9, 2017.

CCU issued a conclusion in the case concerning the cancellation of parliamentary immunity

Constitutional Court of Ukraine issued a conclusion in the case on the constitutional petitions of the Verkhovna Rada of Ukraine on the compliance of the draft law on amending the Constitution of Ukraine to the requirements of Articles 157 and 158 of the Constitution of Ukraine.

With this Opinion, the Constitutional Court of Ukraine found that a bill on amending the Constitution of Ukraine in the part of abolition of parliamentary immunity, No. 6773, was found to be in line with the requirements of Articles 157 and 158 of the Constitution of Ukraine.

According to Article 158 of the Basic Law of Ukraine, a bill amending the Constitution of Ukraine, which was considered by the Verkhovna Rada of Ukraine, and the law was not adopted, may be submitted to the Verkhovna Rada of Ukraine not earlier than one year from the date of the decision on this bill (Part One); The Verkhovna Rada of Ukraine, during the term of its powers, can not twice change the same provisions of the Constitution of Ukraine (part two).

The Verkhovna Rada of Ukraine of the eighth convocation within a year did not consider the draft law and during the term of its powers did not change the provisions of the first and third paragraphs of Article 80 of the Constitution of Ukraine.

Consequently, the Draft Law complies with the requirements of Article 158 of the Fundamental Law of Ukraine.

The Constitutional Court of Ukraine has come to the conclusion that there are no obstacles for consideration of the draft law provided for in Article 158 of the Constitution of Ukraine.

The Constitutional Court of Ukraine emphasizes that at the moment when it issued this conclusion, the decision to introduce a military or extraordinary state in Ukraine or in its separate regions in accordance with the procedure established by the Constitution of Ukraine is not adopted, therefore, there are no legal grounds that would make it impossible to amend the Constitution of Ukraine. .

Consequently, the Constitutional Court of Ukraine considers that the bill complies with the requirements of part two of Article 157 of the Constitution of Ukraine.

At the same time, the Constitutional Court of Ukraine considers it expedient to draw attention to the fact that when deciding to cancel parliamentary immunity it is necessary to take into account the state of the political and legal system of Ukraine - its ability in case of complete absence of the parliamentary immunity institute to ensure unimpeded and effective exercise by the people's deputies of Ukraine of their powers, the functioning of the parliament as such, as well as the implementation of the constitutional principle of the division of state power.

Qualification assessment for the next group of judges was appointed

The High Qualifications Commission of Judges of Ukraine has appointed a qualification assessment and determined the schedule of examinations of 2188 judges of local and appellate courts for compliance with their position.

The list of judges for which the evaluation is intended and the evaluation schedule can be found on the website of the Commission.

Let's remind that the minimum acceptable test point is 50 percent of the maximum possible score in the case of a judge: 50 percent or more of the maximum possible score for making anonymous written tests; 50 percent or more of the maximum possible score for performing a practical task.

Duration of exam preparation stages: anonymous written testing - 120 minutes; Practical task - 300 minutes.

Realization of the practical task will be carried out with the use of computer equipment.

The examination will be conducted in the premises of the Commission at the following address: Kyiv, st. Mechanizers, 9.

Registration for the exam will be carried out from 08:30 to 09:00 in the day appointed for the judge. The beginning of the exam is 09:15.

The rules for passing the exam can be found in the section "Examination Rules of the Evaluation section" of the official website of the Commission.

The basics of test questions can be found in the section "Test questions of the" Evaluation "section of the official website of the Commission.

Examples of practical tasks can be found in the section "Examples of practical tasks of the section" Evaluation "of the official website of the Commission. 

The fee for using an automated enforcement system has increased

On June 1, 2018, the order of the Ministry of Justice from May 8, 2018, No. 1468/5 on increasing the payment for the use of the automated system of enforcement proceedings came into force.

The cost of the service for each open proceeding for public and private performers has increased from 51 to 69 hryvnias.

The fee for using the system by the bodies of the state executive service is carried out at the expense of the advancement fee of the payer.

If the amount of the payment exceeds the amount of the advance payment of the taxpayer, the payment for the use of the system by the bodies of the state executive service is carried out at the expense of the advance payment of the collector and the debts drawn from the debtor under this enforcement proceeding for the costs of enforcement proceedings.

If the taxpayer is exempted from paying the advance payment in accordance with the second part of Article 26 of the Law of Ukraine "On Enforcement Proceedings", payment for the use of the System by the bodies of the state executive service is carried out at the expense of the debts drawn from the debtor for this use of the proceeding for the costs of enforcement proceedings.

If enforcement proceedings are transferred to the system, payment for the use of the system is carried out by the bodies of the state executive service at the expense of the debts drawn from the debtor to the costs of enforcement proceedings.

An educational ombudsman will appear in Ukraine

The Cabinet of Ministers of Ukraine approved the provisions on the ombudsman in the field of education.

From January 1, 2019, the institution of the educational ombudsman should appear in Ukraine, which will protect the rights of educational, pedagogical, scientific, pedagogical and scientific workers.

To the post of the Education Ombudsman, very clear requirements have been set. In particular, he can not combine his work with other activities, except for creating and teaching, must be a citizen of Ukraine, residing in the territory of the state not less than 5 years old, have higher education and relevant work experience, as well as fluent in the state language.

To help the educational ombudsman, a special service will consist of 15 people.

It is assumed that after receiving a complaint about a violation of rights in the field of education, the service should consider it for a period of no more than 1 month. It is on the results of this review that the Education Ombudsman makes a decision on whether the complaint is justified or ungrounded and provides a written response about the results of its consideration.

If the complaint is substantiated, the Educational Ombudsman shall, within five working days, take steps to reinstate and protect the applicants' violated rights.

Thus, the ombudsman can provide the necessary clarifications and recommendations to institutions and bodies of local self-government, provide advice to the applicant and even represent his interests in court.

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