Legal news in Ukraine: president appointed State Bureau of Investigation’s interim head, ATO participants were exempted from paying attorney’s fees, government has approved bills on juries and mediators

The law on the State Bureau of Investigation entered into force, the president appointed an interim head of the Bureau

On December 27, 2019, the Law of Ukraine «On Amending the Law of Ukraine «On the State Bureau of Investigation «to improve the activities of the State Bureau of Investigation» entered into force.

The law changed the legal status of the State Bureau of Investigation from the central executive body conducting law enforcement to the state law enforcement agency, which is tasked with the prevention, detection, suppression, disclosure and investigation of crimes within its competence. The head of the SBI is appointed by the President of Ukraine for 5 years.

From the date of entry into force of this Law, the powers of the director of the State Bureau of Investigation and his deputies are terminated ahead of schedule.

President of Ukraine Volodymyr Zelenskyi has dismissed the head of the State Bureau of Investigation Roman Truba from his post and appointed Iryna Venedyktova as interim director.

The Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, within 30 days from the day the law came into force, must determine their representatives in the tender committee for the competition for the position of director of the SBI.

The commission must be formed within 14 days from the date of the representatives’s appointment, but not later than 60 days from the date the director’s dismissal. The competition must be held within 60 days thereafter.

It is worth adding that the Constitutional Court of Ukraine in its conclusion noted that the indirect subordination of the State Bureau of Investigation to the President of Ukraine through the appointment and dismissal of the head will create a threat to the independence of these bodies, will lead to a concentration of power in the President of Ukraine, his competition with executive authorities, and therefore to leveling guarantees of human and civil rights and freedoms.

Lawyers from the area of antiterrorist operation were exempted from paying annual fees

The Council of Advocates of Ukraine has released attorneys who participated in the anti-terrorist operation and have the status of a war veteran (war participant, combatant or war invalid) from paying annual dues to ensure the advocacy of self-government.

The Region Councils of the Advocates will have the right to exempt a lawyer from paying their dues. Lawyers must provide documents to confirm their status.

The Region Councils of the Advocates will decide whether to release, reduce, or delay the annual fee for attorneys who have been forced to leave their place of residence in connection with an anti-terrorist operation during the entire special period.

In addition, the Council of Advocates of Ukraine has established a special procedure for the payment of annual contributions for lawyers who are in the Crimea.

The government has approved bills on jury trials

The Cabinet of Ministers of Ukraine approved the draft laws of Ukraine «On amendments to some legislative acts regarding the participation of citizens in the administration of justice» and «On amendments to the Law of Ukraine «On the judicial system and the status of judges» regarding the improvement of the formation of the jury list».

These bills should ensure the real functioning of the jury as an instrument of democracy.

It is proposed that the jury decide on the guilt or innocence of the accused. This innovation will concern the consideration of criminal cases that are punishable by more than 10 years in prison or life imprisonment. The decision in these cases will be taken by a jury composed of one judge and seven jury members, and at the request of the accused – by a collegiate court composed of three judges.

Appropriate decisions will be made by a simple majority vote. The jury verdict will be binding on the presiding judge and will lead to his adoption of a corresponding sentence. At the same time, sentences adopted on the basis of a jury trial verdict are subject to appeal.

In order to simplify the procedure for the formation of the jury list, it is planned to exclude local councils from the procedure of its formation.

This responsibility will be assigned to the territorial departments of the State Judicial Administration of Ukraine. When compiling a list, the Service will be able to use the information contained in the State Register of Voters.

Cabinet of Ministers approved bill on mediation and mediators

On December 27, 2019, the Cabinet of Ministers of Ukraine approved the bill «On Mediation», which provides for out-of-court settlement of disputes through a special mediator – a mediator.

The draft Law provides that the mediation procedure will be applied in any conflicts (disputes) that arise, in particular, civil, family, labor, economic, administrative legal relations, as well as in criminal proceedings when concluding conciliation agreements between the victim and the suspect, the accused and in other areas of public relations.

Individuals and legal entities will be able to turn to a mediator to conduct mediation both before going to court, arbitration court, international commercial arbitration, and during judicial, arbitration or arbitration proceedings or in the execution of a court decision, arbitration court or international commercial arbitration.

Mediation will be conducted with the mutual consent of the parties in accordance with the principles of voluntariness, confidentiality, independence and neutrality, impartiality of the mediator, self-determination and equality of rights of the parties.

Any individual who has a university degree and has received basic training in the field of mediation in Ukraine or abroad will be able to acquire mediator status.

Training in the field of mediation will be at least 90 hours, including 45 hours of practical training.