Ukrainian law

Legal news in Ukraine: Rada adopted the Law on Deputy Immunity, seven bills were sent to the Constitutional Court, High Anti-Corruption Court started its work, the president initiates reform of the prosecution and the judiciary

07.09.2019 / 10:00
23
+A
-a

Legal news in Ukraine: Rada adopted the Law on Deputy Immunity, seven bills were sent to the Constitutional Court, High Anti-Corruption Court started its work, the president initiates reform of the prosecution and the judiciary

The Verkhovna Rada adopted the Law on Deputy Immunity

The Verkhovna Rada adopted the Law of Ukraine «On Amending Article 80 of the Constitution of Ukraine (Concerning the Immunity of People’s Deputies of Ukraine)» with 373 votes (draft No. 7203).

The law excludes two paragraphs from Article 80 of the Constitution of Ukraine, which stipulate the immunity of people's deputies of Ukraine: «People’s deputies are guaranteed parliamentary immunity» and «People’s deputies of Ukraine cannot be prosecuted, detained or arrested without the consent of the Verkhovna Rada of Ukraine».

The new version of this article of the Constitution was adopted as follows: «Article 80. People’s deputies of Ukraine are not legally liable for the results of voting or statements in parliament and its bodies, with the exception of liability for insult or slander».

It should be noted that the draft was submitted to the Council on August 30, 2019 by President of Ukraine Volodymyr Zelenskyy, noting that it is urgent. Zelenskyy’s predecessor, Petro Poroshenko, initiated it. On June 19, 2018, the Constitutional Court of Ukraine declared the bill to be constitutional.

On September 2, 2019, the Parliamentary Committee on Legal Policy approved it.

The legal act will come into force on January 1, 2020.

At the same time, according to some experts, the law can be challenged in the Constitutional Court of Ukraine for violating the regulations of the Verkhovna Rada. There are three reasons for this. First, it is questionable whether Poroshenko's bill could be re-registered.

The second reason is that deputies can vote for amendments to the Constitution only at regular sessions. Regular sessions are the ones that open on the first Tuesday of February and the first Tuesday of September. They have been put in place to ensure that sufficient time is given to properly discuss the bill. The first session on voting for the removal of parliamentary immunity took place on August 29, and the second - on September 3.

And the third reason – the conclusion of the relevant parliamentary committee before the final vote was voted during the intersessional period. And committees cannot sit between sessions.

The Verkhovna Rada sent seven bills to the Constitutional Court

The Verkhovna Rada of Ukraine has included in the agenda of the second session seven bills that amending the Constitution of Ukraine. Deputies sent bills to the Constitutional Court for its opinion.

It’s should be noted that all projects were initiated by President of Ukraine Volodymyr Zelenskyy.

Draft Law No. 1013 provides for the abolition of the lawyer’s monopoly on representation of Ukrainians in the courts. It is proposed to replace the rule that «solely a lawyer carries out the representation of another person in court, as well as protection against criminal charges» with the following rule: «only a lawyer provides protection of a person against criminal charges». The bill amends part 3 and deletes part 4 of Article 131-2 of the Constitution of Ukraine.

The Ukrainian National Bar Association has already urged not to pass the bill and to hold a broad discussion on this issue with the involvement of the public.

Draft Law No. 1014 on Amendments to Article 106 of the Constitution of Ukraine provides that the president receives the authority to create independent regulatory bodies and the National Anti-Corruption Bureau of Ukraine.

Also, according to the changes, the president can appoint and dismiss the directors of the Anti-Corruption Bureau and the director of the State Bureau of Investigation, as well as members of regulatory bodies.

Draft Law No. 1015 provides for amendments to Article 93 of the Constitution of Ukraine regarding the legislative initiative of the people. The bill proposes to supplement the list of subjects of law of legislative initiative with such an entity as the people. How the people will exercise this right will be spelled out in a separate law.

Draft Law No. 1016 amends Articles 85 and 101 of the Constitution of Ukraine regarding authorized representatives of the Verkhovna Rada of Ukraine. The authors of the project note that one official - the Ukrainian Parliament Commissioner for Human Rights, who is entrusted with this function today, cannot effectively carry out her powers.

That is why it is proposed to consolidate the new power of the parliament - appointment and dismissal of the authorized representatives of the Verkhovna Rada of Ukraine, who will monitor the observance of the Constitution of Ukraine and laws in certain spheres.

Draft Law No. 1017 provides for amendments to Articles 76 and 77 of the Constitution. The bill proposes to reduce the number of MPs to 300. In addition, it is proposed to introduce such an elective qualification as proficiency in the state language.

It is envisaged to consolidate the proportional electoral system in the parliamentary elections. Which one is not specified.

Draft Law No. 1027 introduces amendments to Article 81 of the Constitution on additional grounds for early termination of powers of a People’s Deputy of Ukraine.

New reasons for the early termination of powers of the People’s Deputy of Ukraine are added. These are: the announcement of the deputy as dead, the court establishing the fact of non-personal voting by the People’s Deputy (instead of another People’s Deputy or providing the opportunity to vote another People’s Deputy instead) and the absence, without good reason, in thirds of plenary sessions and/or meetings of the parliamentary committee, a member which he is, during one regular session.

Draft Law No. 1028 provides for changes to Article 85 of the Constitution: it is proposed to prescribe a rule that will allow the Verkhovna Rada to set up advisory, advisory and other subsidiary bodies within the state budget.

The procedure for amending the Constitution of Ukraine provides for the receipt of a positive opinion of the Constitutional Court of Ukraine on the compliance of the bill with Articles 157 and 158 of the Basic Law.

The bill must then be approved by a simple majority in the first reading (226 MPs). At the next regular session, at least 300 people's deputies should vote for the bill.

Let’s add the Verkhovna Rada registered a draft resolution on the appeal of deputies to the European Commission «For Democracy through Law» (Venice Commission) on the provision of conclusions on initiated constitutional amendments.

A number of MPs have called for an appeal to the European Commission for Democracy through Law (Venice Commission) for its opinion on the proposed constitutional changes. The relevant draft resolution is registered in Parliament.

The High Anti-Corruption Court has started its work

On September 5, 2019, the High Anti-Corruption Court, established within the framework of the judicial reform of 2016, began its work.

The creation of the Anti-Corruption Court was one of the main requirements of the International Monetary Fund. The Public Council of International Experts, led by Briton Sir Anthony Hooper, took part in the selection of judges.

On April 11, 2019, President of Ukraine Petro Poroshenko signed two decrees appointing the first 38 anti-corruption judges: 27 judges of the first instance and 11 judges of the Appeals Chamber.

Olena Tanasevych has been elected as the chairman of the court, who will preside over the judicial institution for three years, and Danyiila Chornenka heads the Appellate Chamber.

Six investigative judges have been selected in court, 7 colleges will work in Anti-Corruption Court, and 4 – in the Appeals Chamber.

The court received the premises at the address 41 Victory Avenue in Kyiv, next to the National Anti-Corruption Bureau of Ukraine and the Specialized Anti-Corruption Prosecutor’s Office (SAPO). The room is currently undergoing major repairs.

The court should consider all corruption cases initiated by law enforcement agencies, from small-scale cases to high-level officials. According to various estimates, from 3 to 3.5 thousand cases can be brought to court.

At the same time, only in 190 of them the pre-trial investigation was completed by the NABU under the procedural leadership of the SAPO (i.e. the cases of senior officials).

According to anti-corruption officials, such a situation may «paralyze» the work of the court.

It should be noted that on August 29, 2019, President Volodymyr Zelenskyy submitted to the Verkhovna Rada a bill No. 1025, which should solve this problem. He proposes that the Anti-Corruption Court only consider cases that have been investigated since the date of the launch of the Anti-Corruption Court and cases that have been investigated and are now being investigated by NABU.

It is also envisaged that all criminal proceedings, the investigation of which has been completed by the prosecutors of the SAPO, and the trial of which is not completed before the day of commencement of the work of the Anti-Corruption Court, shall be submitted to the court.

President of Ukraine initiates reform of prosecutor's office

Presidential Law No. 1032 «On Amendments to Certain Legislative Acts of Ukraine on Priority Measures for the Reform of the Prosecutor's Office» was registered in the Verkhovna Rada.

The Bill amends, in particular, the Law of Ukraine «On the Prosecutor’s Office».

Instead of the current structure of the prosecuting authorities, it is proposed to create the following new structure (after prosecutors’ attestation): the Office of the Prosecutor General, regional prosecutors’ offices, district prosecutor’s offices.

The Attorney General is entitled to liquidate and reorganize the district and regional prosecutor's offices.

The project involves the liquidation of military prosecutor’s offices. It should be noted that veterans of the military prosecutor's office and military justice opposed to this initiative and sent an open letter to the leadership of the state and the Prosecutor General.

The draft law reduces the number of prosecutors by one third: from 15,000 to 10,000.

The Prosecutor General will be able, among other things, to approve a system for assessing the quality of the work of prosecutors, to regulate the burden on prosecutors, and the procedure for considering complaints of improper execution by the prosecutor, who holds an administrative position.

All candidates with higher legal education and experience in the field of law will be able to participate in the selection for filling positions in all prosecution bodies.

The National Academy of the Prosecutor’s Office of Ukraine will be transformed into the Training Center for Prosecutors of Ukraine.

The President introduced bill on changes in the judicial system

The President introduced bill on changes in the judicial systemPresidential Draft Law No. 1008 «On Amendments to Certain Laws of Ukraine Regarding the Activity of Judicial Governments» was registered in the Verkhovna Rada.

The draft, noted as urgent, introduces a number of significant changes to the laws of Ukraine «On the Judiciary and Status of Judges», «On Purification of Power» and «On the High Council of Justice».

The bill amends the work of the High Qualification Commission of Judges of Ukraine and the High Council of Justice.

In particular, it is planned to introduce a new procedure for the formation of the HQCJ. Thus, 12 members of the  Commission will be appointed by the High Council of Justice, based on the results of the competition. The competition commission will include, in particular, three members of the Council of Judges of Ukraine and three international experts.

The bill also provides for the creation of a Commission on Integrity and Ethics, which will monitor the compliance of members of the High Council of Justice and the High Qualifications Commission of Judges of Ukraine with «high criteria of integrity and professional ethics».

The size of the remuneration of a member of the High Council of Justice is changing.

Now disciplinary action will be opened on the basis of the information from any person, even an anonymous.

The rule that the Disciplinary Chamber discusses the results of disciplinary proceedings in the conference room is excluded.

КОМЕНТАРІ  0 + Додати коментар
Чи потрібно стати на коліна: про цінність життя і право donum auctoris Чи потрібно стати на коліна: про цінність життя і право
Так співпало – трагічні події під Павлополем, загибель чотирьох українських захисників, які все, що бачили та відчу...
Україна рекомендувала до обрання суддею Європейського суду з прав людини найдостойніших кандидатів: інтерв’ю з Михайлом Буроменським Феміда Україна рекомендувала до обрання суддею Європейського суду з прав людини найдостойніших кандидатів: інтерв’ю з Михайлом Буроменським
26 липня завершила роботу Комісія для проведення конкурсу з добору кандидатів для обрання суддею Європейського суду...
Захист від непроханих гостей: чи існує межа необхідної оборони? Справа Захист від непроханих гостей: чи існує межа необхідної оборони?
Безпека передусім! Відомий і справедливий вислів. І тільки в наших силах зробити так, щоб наші рідні, і ми самі поч...
Вересень 2019
Пн Вт Ср Чт Пт Сб Нд
26 27 28 29 30 31 1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 1 2 3 4 5 6
ЗАХОДИ
20.09.2019 08:30:00 - VIII Податковий форум
Опитування
  • Як ви оцінюєте нове процесуальне законодавство?

Використання будь-яких матеріалів, розміщених на порталі "Українське право", дозволяється за умови посилання на ukrainеpravo.com. При копіюванні матеріалів порталу "Українське право" для інтернет-видань обов'язковим є пряме та відкрите для пошукових систем гіперпосилання в першому абзаці на цитовану статтю або новину.
Яндекс.Метрика