Legal news in Ukraine: Attestation to General Prosecutor’s Office, Rada approves new laws, institute of criminal misconduct will work in July

Attestation to the General Prosecutor’s Office passed a little more than half of the prosecutors

On December 19, 2019, the third final stage of the certification of prosecutors of the General Prosecutor's Office of Ukraine ended.

After the practical assignment and interview, 610 prosecutors successfully passed the third stage of certification, 154 – unsuccessfully, 5 – did not appear.

The final stage was reached by 769 prosecutors of the General Prosecutor's Office.

In general, applications for certification were written by 1083 prosecutors of the General Prosecutor's Office of Ukraine.

It should be mention that the reform of the prosecutor’s office in Ukraine began with the certification of prosecutors of the General Prosecutor’s Office. It also includes the creation of the Office of the Prosecutor General with an optimal structure, the recruitment of new prosecutors, ongoing training at the training center.

Rada approves Presidential proposals to the Electoral Code

On December 19, 2019, the Verkhovna Rada of Ukraine adopted the Electoral Code with the proposals of the President of Ukraine Volodymyr Zelenskyi.

The adopted Electoral Code takes into account all the proposals of the President of Ukraine, which relate to almost all aspects of the regulation of the Electoral Code, all its substantive provisions and structural units.

Moreover, most of the proposals are generalized. They cover groups of articles and separate thematic areas, which are reflected in different parts of the document and which relate to the current election legislation, the laws of Ukraine “On the Central Election Commission”, “On the State Register of Voters”, other laws of Ukraine on the need to coordinate or take into account the provisions of which the President indicated .

The document provides for a proportional electoral system with open regional lists. Voters will vote not only for the party, but for a particular candidate on the party list.

The possibility of removing a candidate from the election race after the law enforcement body, after checking the candidate, sends information about him to the Central Election Commission was removed from the text of the code. In particular, we are talking about a report on the facts of violation by the candidate of the law.

Punishment for non-personal voting of deputies is provided for in the Criminal Code

On December 19, 2019, the Verkhovna Rada adopted the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine Concerning Ensuring Personal Voting by People’s Deputies of Ukraine» (Draft No. 2148).

The law establishes criminal liability for the deliberate commission by a deputy of Ukraine at a plenary meeting of the Verkhovna Rada of Ukraine of a vote instead of another deputy (impersonal voting or the so-called «button-press»).

So, the Law supplements the Criminal Code of Ukraine with Article 364-2 «The implementation by the People’s Deputy of Ukraine of a vote instead of another People’s Deputy of Ukraine», which provides for criminal liability for non-personal voting by the People’s Deputy of Ukraine with a sanction in the form of a fine from 3 thousand to 5 thousand non-taxable minimum incomes.

In addition, the Law of Ukraine «On the Status of People’s Deputy of Ukraine» is supplemented by a new article 39 «Responsibility of the People’s Deputy of Ukraine for failure to fulfill their duties».

The Criminal Procedure Code provides for investigative actions in relation to people's deputies

On December 18, 2019, the Verkhovna Rada adopted the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine in order to bring it into line with the Law of Ukraine“ On Amending Article 80 of the Constitution of Ukraine regarding the Inviolability of People's Deputies of Ukraine ”.

The law brings into line with the Constitution of Ukraine the provisions of legislative acts of Ukraine. This will ensure the implementation of the abolition of parliamentary immunity.

So, the law makes amendments and additions to the Criminal Procedure Code of Ukraine.

It has been established that the General Prosecutor (the person performing his duties) has the right to enter information into the Unified Register of Pre-trial Investigations that may indicate the commission of a criminal offense by a people's deputy of Ukraine.

Investigations of the National Anti-Corruption Bureau of Ukraine and the Central Office of the State Bureau of Investigation have the right to conduct pre-trial investigation in relation to a people's deputy.

The application for permission to detain, the selection of preventive measures in the form of detention or house arrest, search, violation of confidentiality of correspondence, telephone conversations, telegraphic and other correspondence, as well as the application of other measures, including secret investigative (search) actions, in in accordance with the law, the rights and freedoms of a people's deputy of Ukraine are restricted, the consideration of which is referred to the authority of an investigating judge, must be agreed upon by the Prosecutor General (acting General Prosecutor).

Such requests shall be examined by an investigating judge of the Court of Appeal within the territorial jurisdiction of which the pre-trial investigation authority is located. And in criminal proceedings concerning crimes referred to the jurisdiction of the Supreme Anticorruption Court, – an investigative judge of the Supreme Anticorruption Court, with the possibility of challenging the relevant rulings.

The law on the postponement of the institution of criminal misconduct came into force

On December 20, 2019, the Law of Ukraine «On Amending Section II «Transitional Provisions» of the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine Regarding the Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses» entered into force.

The law provides that the institution of criminal misconduct will enter into force on July 1, 2020, and not on January 1, 2020.

A criminal misconduct is an act (action or inaction), the commission of which is punishable by a fine of not more than 3e thousand non-taxable minimum incomes of citizens (51 thousand UAH) or other punishment not related to deprivation of liberty.

At the same time, crimes are divided according to the term of imprisonment and a fine of: grave and especially grave.

It is proposed that criminal offenses include such common crimes as unskilled theft, fraud, illegal actions with narcotic drugs without the purpose of sale, hooliganism and the like.

Drunk driving will now be punished as a criminal offense (punishment – a fine of 17-34 thousand UAH and a ban on driving for up to three years; in case of repeated violation – up to 51 thousand UAH with a ban on driving from 2 to 3 years ).