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Legal news in Ukraine: the law on the formation of an anticorruption court, the registration of new courts, the liquidation of the Supreme Court of Ukraine, judges qualification and increased funding of the system of free legal aid

30.06.2018 / 11:20
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Legal news in Ukraine: the law on the formation of an anticorruption court, the registration of new courts, the liquidation of the Supreme Court of Ukraine, judges qualification and increased funding of the system of free legal aid

The law on the establishment of an anticorruption court came into force

On June 28, the Law of Ukraine No. 2470-VIII, which provides for the formation of the Supreme Anticorruption Court, came into force.

Now the High Qualifications Commission of Judges of Ukraine can announce a competition for judges to a new court.

However, prior to the contest, the HQCJ should form a Public Council of International Experts, which, instead of the Public Council of Integrity, will check the candidates for a judge for integrity.

According to the Law, the location, territorial jurisdiction and the status of the Supreme Anticorruption Court are determined by the Law of Ukraine "On the Highest Anticorruption Court".

The Higher Anticorruption Court will be the permanent high-level specialized court in the Ukrainian judicial system with its seat in Kyiv.

Territorial jurisdiction (jurisdiction) of the Supreme Anticorruption Court will extend to the entire territory of Ukraine.

The Supreme Anticorruption Court should be formed by the summer of 2019: to announce and hold a competition for the positions of judges of the Appeals Chamber of the Supreme Anticorruption Court and the positions of other judges of the Supreme Anticorruption Court, according to the results of the competition, appoint the judges of the Supreme Anticorruption Court.

The Supreme Anticorruption Court will begin work on the condition of appointment of at least 35 judges of the Supreme Anticorruption Court according to the results of the contest, including at least ten of which should be the judges of the Appeals Chamber of the Supreme Anticorruption Court.

Eight new courts were registered

As part of the reorganization and consolidation of local courts, registration of newly created courts as legal entities continues.

In particular, the Central Economic Court of Appeal, Uzhgorod District Court, the Mena District Court of Chernihiv Oblast, the Berdichev District Court, the Kharkiv Regional Economic Court, the Western Economic Court of Appeal, the Zhytomyr Court of Appeal, and the Kyiv Regional Court of Appeal, Kropivnitsky Court of Appeal.have been registered in the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Formations. 

The Central Economic Court of Appeal in the district of appeal will include Dnipropetrovsk, Zaporozhzhya and Kirovograd regions, with its location in the city of Dnipro.

The Mena District Court of Chernihiv Oblast will include the Mensky, Koropsky and Sosnytsky District Courts of Chernihiv Oblast, with its location in the city of Mena.

At the same time, the Commercial Court of Kharkiv Oblast, the Lviv Economic Court of Appeal, the Berdychiv City Court, the Mena District Court of Chernihiv Oblast, the Uzhhorod City Court, the Dnipropetrovsk Commercial Court of Appeal, the Court of Appeal of Kirovograd Region and the Court of Appeal of Zhytomyr Oblast will continue to administer justice before the work of new courts.

The newly created courts will begin their work from the day specified in the reports of the heads of the relevant courts on the commencement of their work, placed in the newspaper "Voice of Ukraine".

The procedure for liquidation of the Supreme Court of Ukraine has begun

The procedure for termination and liquidation of the Supreme Court of Ukraine was initiated in accordance with the procedure established by law. 

The website of the Ministry of Justice of Ukraine discloses a decision to suspend the Supreme Court of Ukraine as a legal entity as a result of liquidation.

It should be recalled that on December 15, 2017, the new Supreme Court, as the highest authority in the system of judicial system of Ukraine, began its activities, and the SCU ceased its activities, however, it was not liquidated.

The judges of the Supreme Court of Ukraine in 2017 appealed to the Constitutional Court that it checked the liquidation of the Supreme Court for compliance with the Constitution.

Therefore, the Supreme Court of Ukraine is expecting an explanation from the Constitutional Court of Ukraine, in which way the liquidation of the Supreme Court and the transfer of its judges to the new Supreme Court should be carried out.

The qualification evaluation is completed for 994 judges

As of June 26, 2018, 994 judges completed the qualification assessment. Of these, 805 judges have been found to be in a position corresponding to their position.

Other 189 judges are exempted or already released, in particular: 87 judges were released on their own during the assessment procedure; 102 judges did not confirm compliance with their position: 74 judges did not pass exams, 28 judges did not interview with members of the Commission.

Again, 144 judges have been interrupted or the matter has been postponed. One of the most common reasons is the available findings of the GPD that do not meet the established requirements for their provision and the methodology of qualification judge assessment.

 "According to the results of the last few months of qualification evaluation, 189 judges have already been dismissed or released. This is a significant amount. And I remind you that 30% of the court corps was released before the assessment, "said the deputy chairman of the igh Qualifications Commission of Judges of Ukraine Stanislav Shchotka.

"However, we again emphasize that such statistics can not objectively say - well or bad. The language should not go much or not, but how will it affect the changes in the judicial system. The commission professionally and effectively performs its work and highlights interim results ", - he noted.

Recall that a qualification assessment for compliance with the position occupied was introduced in the framework of judicial reform for all judges of Ukraine. For the first thousand judges, the evaluation was announced on October 20, 2017, and lasted for 7 months.

Among the judges who passed the assessment, 242 judges - "five-year", in which the authority expired, has already been recommended to the High Council of Justice for appointment. This will allow the work of courts to be restored or dumped.

Currently, judges from the first group are in the final stage of qualification assessment - interviewing and analyzing the dossier.

The second group of judges took exams and is currently testing moral and psychological qualities.

The third group, whose decision was adopted on June 7, 2018, is 2,188 judges. They will begin examinations on July 2, 2018.

Increased financing of the system of free legal aid

The Cabinet of Ministers of Ukraine by its resolution of June 20, 2018, No. 424-p, approved an increase in the amount of financing of the system of free legal aid.

According to the document, the Government redistributed state budget expenditures envisaged by the Ministry of Justice for 2018.

The financing of payment for services and reimbursement of expenses of lawyers for provision of free secondary legal aid increased by more than UAH 122 million. An additional UAH 12 million was allocated for the work of the system's employees.

"Such needs are due to a significant increase in the number of appeals by Ukrainians for legal assistance and, consequently, an increase in the number of cases represented by lawyers and experts in the system of citizens' interests in the courts," - it is stated on the website of the Coordination Center for the provision of the system of free legal aid.

On June 20, the reallocation of expenditures of the State Budget was approved by the Budget Committee of the Verkhovna Rada of Ukraine. After making the appropriate changes to the state budget, legal aid services will be financed in full.

It is worth noting that the arrears of lawyers who render services on behalf of centers of free legal aid reached 10 million hryvnias. Debt has arisen in all regions of Ukraine.

The head of the National Association of Advocates of Ukraine Lidia Izovitova stated the need to change the model of the system of free legal aid, in particular, to transfer administrative functions to the councils of regional advocates and to specify the criteria by which a person is entitled to free legal aid.

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