Ukrainian law

Legal news in Ukraine: the register of non-payment of alimony, new laws, the list of candidates for the Supreme Council of Justice, an alternative bill for the lawyers, decision of the ECHR in the case of Volkov

10.02.2018 / 11:00
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Legal news in Ukraine: the register of non-payment of alimony, new laws, the list of candidates for the Supreme Council of Justice, an alternative bill for the lawyers, decision of the ECHR in the case of Volkov

The Law, that will apply to non-payment of alimony, has come into force

On February 6, Law No. 2234-VIII "On Amendments to Certain Legislative Acts of Ukraine on the Strengthening of the Protection of the Right of the Child to Proper Maintenance by Improving the Procedure for Compulsory Recovery of Arrears in Payment of Alimony" entered into force.

In the event of the arrears of payment of maintenance, the aggregate amount of which exceeds the amount of the corresponding payments for six months, the state executor makes motivated decisions:

1) on the establishment of a temporary restriction of the debtor in the right of departure outside Ukraine - until the repayment of arrears in payment of alimony in full;

2) on the establishment of a temporary limitation of the debtor in the right to drive vehicles - until the repayment of arrears in payment of alimony in full;

3) on the establishment of a temporary restriction of the debtor in the right to use firearms hunting, pneumatic and cooled weapons, devices of domestic production for shooting cartridges equipped with rubber or similar in their properties non-lethal metal shells - to pay off the arrears in payment of alimony in full;

4) on the establishment of a temporary restriction of the debtor in the right to hunt - until the repayment of arrears in payment of alimony in full.

In the event of the arrears of payment of maintenance, the aggregate amount of which exceeds the amount of the corresponding payments for three months, the executor shall explain to the taxpayer the right to apply to the bodies of pre-trial investigation with a statement (notification) about a criminal offense committed by the debtor, consisting in evasion from payment of alimony.

With the entry into force of the law, the state executor received the right to draw up a protocol on the commission of an administrative offense provided for in Article 183-1 of the Code of Ukraine and to send it to court for the administration of the debtor administrator in the form of socially useful works.

The new Article 183-1 of the Code of Administrative Offenses provides for the appointment of socially useful works for non-payment of maintenance for a period of 15 to 30 days.

For performance of socially useful work the violator will be charged for the work done by him. The payment of labor will be made on an hourly basis for the actual time worked in the amount not less than the minimum wage established by law.

In the event of the arrears of payment of maintenance, the aggregate amount of which exceeds the amount of the corresponding payments for six months from the date of presentation of the executive document to enforcement, the body of the State Bailiffs Service, upon request of the collector, within ten days issues a certificate of arrears of alimony, the aggregate amount of which exceeds the amount of the corresponding payments for six months from the date of presentation of the executive document to enforcement.

Also, at the same time as the Law came into force, the Unified Register of Debtors on alimony payments began to work on the website of the Ministry of Justice.

Verkhovna Rada criminalized inducement to suicide

Verkhovna Rada adopted amendments to the Criminal Code to establish criminal liability for inducement to suicide.

The changes impose criminal liability for any assistance to a person in committing a suicide or attempted suicide.

The law provides for the first part of Article 120 "Conduct to suicide" of the Criminal Code of Ukraine in a new wording, according to which bringing a person to suicide or attempt to suicide, which is the result of cruel treatment, blackmail, systematic humiliation of his human dignity or systematic unlawful coercion to actions that contradict her will, suicidal tendencies, and other actions contributing to committing a suicide, shall be punishable by restraint of liberty for a term up to three years or imprisonment for the same term.

It is worth noting that Ukraine is among the top ten countries with the highest suicide rate. According to the WHO data for 2012, about 10 thousand suicides were committed in Ukraine, and the average indicator for our country is 22 suicides per 100 thousand people. According to scientific sources, the ratio of suicides and suicides is about one to twenty. At the same time, from 2010 to 2015 in Ukraine only four sentences were imposed for suicide, that is, less than one sentence per year, because law enforcement officers usually cease suicide proceedings without finding traces of violence on the body of the victims.

The Law on limited liability companies was adopted

The Verkhovna Rada of Ukraine adopted the Law "On Limited Liability Companies".

This Law defines the legal status of limited liability companies and companies with additional liability, the procedure for their creation, activities and termination, the rights and obligations of their participants.

The legal status of limited liability companies and companies with additional responsibilities in the areas of insurance and investment activity, in the field of agricultural production, as well as in other areas of activity, the procedure for their creation, activity and termination are regulated by this Law taking into account the specifics stipulated by special laws.

The management of limited liability companies and partnerships with an additional liability in the authorized capital of which is a share of the state or local governments is regulated by this Law taking into account the specifics provided for by special laws.

According to the Law, "the members of the partnership who have not fully deposited the shares are jointly and severally liable for their obligations within the cost of the non-contributed portion of the contribution of each of the participants."

The law establishes the rights and obligations of the members of the partnership, the corporate agreement, irrevocable power of attorney on corporate rights, the conditions for the formation of the company, defines the charter of the company, the prevailing right of the participant of the partnership, the peculiarities of recourse to the share of the participant of the company, etc.

The list of candidates for the Supreme Council of Justice is officially published

In the Voice of Ukraine, a list of candidates for tht Supreme Council of Justice for the election of the XVth ordinary Congress of Judges of Ukraine was published.

The list includes 34 candidates, but between them the congress should choose only two.

32 applicants submitted to the Supreme Council of Justice are local and appellate judges, and only two are judges from higher courts.

Recall that according to the decision of the Council of Judges of Ukraine announced the convocation of the XV of the regular congress of judges of Ukraine on March 5-6, whose agenda includes the election of members of the High Council of Justice and a member of the High Qualifications Commission of Judges of Ukraine.

An alternative bill on advocacy was presented

The National Association of Advocates of Ukraine presented to the Council on judicial reform an alternative version of the bill on the lawyer.

The principal objection of the NAAU to the draft law prepared by the Council on judicial reform concerns changes in the system of lawyer's self-government and access to the profession.

An alternative bill envisages "privileged" access to the law profession until 2021, provided by the transitional provisions. It is about the right of persons who have the legal education of the master's degree (or equated to it) and 5 years of experience in the field of law as a lawyer, (main) legal counsel, chief of a legal department, another similar position in state authorities, local self-government bodies, enterprises , institutions and organizations irrespective of the form of ownership; prosecutor, investigator, notary public; Assistant Judge / Notary; pedagogical or scientific and pedagogical worker to obtain the status of a lawyer on the basis of written anonymous testing without having been trained and working as an assistant attorney (trainee).

The NAAU insists that this approach is discriminatory with regard to lawyers who entered the profession under several stages of qualification envisaged by the current law and those who would be willing to become a lawyer after 2021. In addition, as a result of the introduction of such an approach, the bar will grow to tens of thousands of people, which will have a negative effect on the professional level of the profession as a whole and unfair competition in the market of advocacy services. This position was supported by separate lawyers - members of the Judicial Reform Council.

In addition, NAAU offers another option for the implementation of the exclusive right of lawyers to represent the courts in the interests of public authorities and local self-government. NAAU also proposes amendments to the Tax Code in order to reduce the tax pressure on lawyers.

The amendments provide for the possibility for individuals who carry out independent professional activities, the simplified system of taxation by equalizing their status to sole proprietors solely for the purpose of taxation.

Changes to the PC of Ukraine will give lawyers the right to apply a simplified tax system without registration as individual entrepreneurs.

Assessing the quality of the lawyers of the free secondary legal aid will be based on new standards

Assess the quality of the provision by lawyers of free secondary legal aid will be in accordance with the Standards, approved by the Ministry of Justice from January 21, 2017, No. 4125/5. 

Assessing the quality of the advocates 'advocacy by the free secondary legal aid will be the commissions formed by the councils of the regional advocates, and the Coordination Center, together with the regional centers for the implementation of the free secondary legal aid, will ensure the monitoring of the quality of the advocates' free secondary legal aid.

These standards should be guided by lawyers in providing free secondary legal aid to the subjects of the right to such assistance in civil and administrative processes, as well as representation of the interests of victims and witnesses who have the right to a free secondary legal aid in the criminal process.

In particular, one of the duties of the lawyer in the civil / administrative proceedings is the administration of a lawyer's dossier in accordance with the above indicative list. Such a requirement facilitates the systematization of all circumstances relevant to the case and, if necessary, may serve as a basis for assessing the quality of the legal aid provided, subject to the consent of the client.

Standards contain restrictions on the number of cases in which attorneys can simultaneously provide free secondary legal aid. If at the same time attorney performs 30 assignments, the provision of the BVPD is not completed, it is not allowed to accept new orders.

One of the stories of the Standards is the preparation of a written legal opinion by the attorney in cases in which, in his opinion, there are no factual and legal grounds for the execution of the order.

The appendices to the standards include the protocol on the coordination of legal issues concerning representation on the instructions of the center for the provision of the BVPD, the act of acceptance-transmission of documents (copies of documents) / things (material evidence), an indicative list of materials of the lawyer's file in civil / administrative proceedings.

Compliance with the Standards is mandatory for lawyers in the provision of free secondary legal aid and is the basis for an objective assessment of the timeliness, completeness and quality of the provision of free secondary legal aid in civil, administrative and criminal proceedings.

ECHR made another decision in the case of former judge of the Supreme Court of Ukraine Volkov

The case concerned the question of just satisfaction following a judgment of the European Court of Human Rights regarding the dismissal of a Supreme Court Judge, Oleksandr Volkov.

In its principal judgment of 9 January 2013 the Court held that there had been four violations of Article 6 (right to a fair trial) and a violation of Article 8 (right to respect for private and family life) of the European Convention.

The Court held in particular: that the proceedings leading up to Mr Volkov’s dismissal had not fulfilled the requirements of an “independent and impartial tribunal”; that the proceedings before the High Council of Justice, which initiated the inquiries leading up to his dismissal, had been unfair as there were no time-limits for such proceedings; that the vote in Parliament on his dismissal had been unlawful; and, that the chamber of the Higher Administrative Court, which reviewed the case,

had not complied with the principle of a “tribunal established by law”.

As to the award of just satisfaction, the Court held that Ukraine was to pay Mr Volkov 6,000 euros (EUR) in respect of non-pecuniary damage and EUR 12,000 for costs and expenses.

Today’s judgment concerned the question of just satisfaction (Article 41 of the Convention) insofar as pecuniary damage was concerned.

Just satisfaction: Taking formal note of the agreement between the parties, whereby the Ukrainian Government undertook to pay Mr Volkov 1,430,212.32 Ukrainian hryvnias (about EUR 40,657) in respect of pecuniary damage, the Court decided to strike the remainder of the application out of its list of cases.

 

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