Legal news in Ukraine: Constitutional Court approved renaming of Dnipropetrovsk region, notaries require salary increase, a note of Ukraine to Russia, treaty on friendship with Russia has been expired

The Constitutional Court of Ukraine approved the renaming of the Dnipropetrovsk region

The Constitutional Court of Ukraine issued a conclusion in the case concerning the constitutionality of the bill on the renaming of the Dnipropetrovsk region.

The bill number 9310-1 provides that in part two of Article 133 of the Constitution of Ukraine the word «Dnipropetrovska» is replaced by the word «Sicheslavska».

The draft law does not provide for the abolition or restriction of human and civil rights and freedoms, is not aimed at eliminating independence or violating the territorial integrity of Ukraine, and therefore is compliant with the requirements of the first part of Article 157 of the Constitution of Ukraine.

According to Article 158 of the Constitution of Ukraine, a draft law on amending the Constitution of Ukraine, which was not adopted, may be submitted to the Verkhovna Rada of Ukraine no earlier than one year from the date of the decision on this draft law (Part One).

The Verkhovna Rada of Ukraine, during its term of office, cannot twice change the same provisions of the Constitution of Ukraine (Part Two).

The Verkhovna Rada of Ukraine did not consider the draft law during the year and did not change the provisions of part two of Article 133 of the Constitution of Ukraine during the term of its office.

So, the bill meets the requirements of Article 158 of the Constitution of Ukraine.

«The Constitutional Court of Ukraine states that the Draft Law complies with the requirements of Articles 157 and 158 of the Constitution of Ukraine. The conclusion of the Constitutional Court of Ukraine is binding, final and one that can not be appealed», – the court has decided.

The Notary Chamber demands to increase official salaries for notaries

The Notary Chamber of Ukraine asks the Ministry of Justice of Ukraine to initiate increase of state notaries’ official salaries.

Official salaries of notaries are proposed to raise to the sum of three minimum wages and State Notary Office’ Head – of 3,5.

«At present, the official salaries of notaries public remain very low compared with the average level of wages in Ukraine, which is 10 000 UAH. After some increase in 2017, the monthly official salary of a notary public amounts to 3 200 UAH, and the salary of SNO’ – to 4 000 UAH,» – the report states.

As of January 1, 2019, 302 notaries public posts are vacant in state notarial offices and notary public archives. At the same time, there are 939 notaries public in the country.

The Notarial Chamber of Ukraine is ready to participate in the development of relevant changes in regulatory acts and to argue before the government the need to increase the salaries of notaries public.

Ukraine sent a note to Russia about the violation of international humanitarian law

Ukraine sent a note to the Russian Federation with the requirement to transfer to the Ukrainian competent authorities 113 Ukrainian citizens who are illegally detained in Russia and in the Crimea.

These people are held in violation of international humanitarian law and international human rights law.

The Ministry of Justice of Ukraine received appeals from Ukrainian citizens convicted by Ukrainian courts who, after the occupation of the Crimea, were brought into line with the laws of Russia, as well as Ukrainian citizens convicted by illegal occupation authorities in accordance with the Criminal Code of the Russian Federation.

Now these citizens are serving their sentences on the territory of the Autonomous Republic of Crimea or transferred to the territory of Russia.

According to Article 1 of the Law of Ukraine «On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine», the temporarily occupied territory of Ukraine (the Autonomous Republic of Crimea) is an integral part of the territory of Ukraine, which is subject to the Constitution and laws of Ukraine.

The functioning of courts in the temporarily occupied territory of Ukraine, that render decisions in the name of the Russian Federation, as well as their implementation of justice in accordance with Russian procedural and substantive law, has no legal consequences under the laws of Ukraine, since they were created in violation of the Constitution and laws of Ukraine.

These citizens of Ukraine are illegally deprived of their freedom and the right to serve their sentences on the territory of Ukraine for the crimes they committed on the territory of Ukraine, for which they were convicted in accordance with the legislation of the Russian Federation.

According to the third part of Article 5 of the Law of Ukraine «On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine», the responsibility for violation of the rights and freedoms of a person and citizen in the temporarily occupied territory, established by the Constitution and laws of Ukraine, lies with the Russian Federation as an occupying state accordance with the norms and principles of international law.

Therefore, Ukraine demands from the Russian Federation the immediate return of its citizens illegally detained in the Russian Federation and in the occupied territory of the Autonomous Republic of Crimea.

Friendship Treaty with Russia has been expired

On April 1, 2019, the Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation became invalid.

On September 6, 2018, the National Security and Defense Council of Ukraine decided to support the proposal of the Ministry of Foreign Affairs of Ukraine regarding the termination of the Treaty by Ukraine. On September 17, the President of Ukraine signed the relevant Decree.

The contract was signed on May 31, 1997 in Kiev by the President of Ukraine Leonid Kuchma and the President of the Russian Federation Boris Yeltsin.

According to the agreement, both parties guaranteed rights and freedoms to citizens of another country on the same grounds and to the same extent as their citizens, except for the cases established by the national legislation of the states or their international treaties.

«Each country protects, in the established manner, the rights of its citizens residing in the territory of another country, in accordance with the obligations under the documents of the Organization for Security and Cooperation in Europe and other generally accepted principles and norms of international law,» – the document states.