Legal news in Ukraine: The parliament is considering a draft state budget and adopted the Bankruptcy Code, punishment for illegal border crossing was criminalized, the Congress of Advocates will hold in early 2019, electronic monitoring of offenders

The Verkhovna Rada approved the draft state budget for 2019 as a basis

On October 18, the Verkhovna Rada approved the resolution «On Conclusions and Proposals for the Draft Law of Ukraine on the State Budget of Ukraine for 2019», which actually means supporting the draft state budget for 2019 in the first reading.

For this decision 240 people’s deputies voted (the required minimum is 226 votes).

2171 proposals were considered during preparing the document for the first reading. 922 of them were recommended to be considered in full or in part.

It should be noted that in accordance with the Budget Code and the Rules of Procedure of the Verkhovna Rada, consideration of the draft state budget in the first reading should take place before October 20. After this, the Cabinet of Ministers no later than November 3 must submit to the Parliament an updated draft, taking into account the budget conclusions of the commission.

The bill establishes the subsistence level per one able-bodied person per month in the amount of: from January 1 2019 – 1 921 UAH, from July 1 – 2 007, from December 1 – 2 102 UAH.

The draft proposes to establish a minimum monthly wage of 4173 UAH. The hourly figure from January 1 will amount to 25.13 UAH.

The average pension at the same time is set at 1,497 UAH.

A qualification for the candidates to the Supreme Court and the Anticorruption Court have been appointed

The High Qualification Commission of Judges of Ukraine has been assigned a qualification examination for the candidates to the Supreme Court and the High Anti-Corruption Court.

The Anti-Corruption Court has 39 vacant positions of judges, while the Supreme Court has 78 positions.

The qualification exam and the determination of the results for candidates will take place in November-December 2018. The interviews are scheduled for December 2018 - January 2019. The compilation of anonymous written tests will take place on November 12, the implementation of the practical task – on November 14.

The list of candidates for the Anti-corruption court admitted to qualification assessment can be viewed on this link, and to the Supreme Court – on this.

Previously, the Commission approved test questions for contests in named courts.

The Parliament approved the Code of Ukraine on Bankruptcy Procedures

The Verkhovna Rada approved in the second reading and in general the Code of Ukraine on Bankruptcy Procedures. This document was supported by 237 people's deputies.

The Code of Ukraine on Bankruptcy Procedures is set out in four books: the general part, the arbitration manager, the bankruptcy of legal entities, the restoration of an individual solvency.

The adopted Code establishes the conditions and procedure for restoring the solvency of a debtor-legal entity or recognizing it as a bankrupt and applying a liquidation procedure in order to fully or partially satisfy creditors' claims.

The National Bank explains that the Code resolves an important social issue of insolvency of borrowers - individuals who had not yet been able to initiate and undergo a bankruptcy procedure. From now on, a borrower who has been in a difficult financial position can officially initiate his bankruptcy. It is important that the borrower, and not the creditor, can initiate the bankruptcy suit according to the code.

Illegal crossing of the border will be punished with criminal liability

On October 18, the Verkhovna Rada approved a draft law amending the Criminal and Criminal Procedural Codes of Ukraine regarding liability for the illegal crossing of the state border.

In particular, the Criminal Code of Ukraine is supplemented by Article 332-2 «Illegal crossing of the state border of Ukraine».

The draft law was designed to promote the protection of Ukraine's sovereignty and territorial integrity by criminalizing the illegal crossing of the state border by representatives of the aggressor state.

The adopted law establishes criminal liability for crossing the state border of Ukraine with the purpose of causing damage to the interests of the state or for a person who is prohibited from entering the territory of Ukraine or representatives of units of the armed forces or other law enforcement agencies of the agressor state in any way outside the points of entry through the state the border of Ukraine or at checkpoints across the state border of Ukraine without corresponding documents or documents that containing unreliable information.

Such acts will be punishable by imprisonment for up to three years.

In addition, re-committing such acts or committing them by a group of persons provides for liability in the form of imprisonment for a term of three to five years, and the commission of such acts in combination with violence or the use of weapons – for a term of five to eight years.

This Law enters into force from the day following the day of its publication.

It should be noted that the administrative liability, stipulated by Article 204-1 of The code of Ukraine about administrative violations, regarding the illegal crossing of the state border of Ukraine by «ordinary» migrants or offenders, remains.

The Congress of Advocates will be held in early 2019

The Congress of Advocates of Ukraine will take place in early 2019, regardless of whether the bill «On Advocacy and Advocacy» will be adopted by this time or not, reports the Chairman of the Ukrainian National Bar Association and the Council of Judges of Ukraine Lidia Izovitova.

The head of UNBA reminded that the law office should elect representatives to the High Council of Justice, the High Qualification Commission of Judges of Ukraine and the High Qualifications Commission of prosecutors. The term of office of lawyers elected to these bodies is nearing completion.

«People need to be elected to these places, and the congress will inevitably be», Lidia Izovitova emphasized.

Ukraine will launch electronic monitoring of offenders

Ukraine will develop a Concept and procedure for the use of electronic monitoring of offenders, said Deputy Minister of Justice of Ukraine Denis Chernyshov.

«First of all, it is necessary to solve the organizational issues of this system implementation: to analyze the scale of implementation, to develop an appropriate concept, to amend the legislation in order to form the legal basis for using electronic bracelets, to develop methodological support and to train personnel», – said Denis Chernyshov.

The concept will be developed by an international group that will take into account the experience of using the system in Norway and Latvia. The document will list all the steps necessary for the successful and effective implementation of electronic monitoring in our country.

Director of the State Center «Probation Center» Oleg Yanchuk has proposed to implement the specified pilot in the Bila Tserkva.

It has been established previously that the authorized bodies on probation will monitor persons:

which impose a duty to adhere to the requirements established by the court for committing certain actions, restriction of communication, travel and leisure;

who committed crimes against sexual freedom and sexual integrity of a person;

who committed crimes in the area of the circulation of narcotic drugs, psychotropic substances, their analogues or precursors and other crimes against the health of the population;

who committed crimes against the life and health of a person;

released on a conditional-advance basis upon submission of the authorized agencies on probation issues.

Penitentiary institutions will monitor persons who:

released on submission of penitentiary institutions;

released on personal appeal to a court from penitentiary institutions.