Legal news in Ukraine: Laws on Non-Personal Voting of Deputies and Register of Child Abusers entered into force, law on new filters for cassation was approved, Anti-Corruption Agency’s chairman has been appointed, abolition of lawyer's monopoly began

People’s deputies will be punished for non-personal voting

On January 16, 2020, the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine Regarding Ensuring Personal Voting by People's Deputies of Ukraine at Plenary Sessions of the Verkhovna Rada of Ukraine» entered into force.

The law amends the Criminal Code of Ukraine, the Law of Ukraine «On the Status of People’s Deputy of Ukraine» and the Rules of Procedure of the Verkhovna Rada of Ukraine.

In particular, the Criminal Code was supplemented by Article 364-2, introducing criminal liability for deliberate voting by a parliamentarian at a plenary meeting of the Verkhovna Rada instead of another people's deputy (impersonal voting). Such an act will be punished by a fine of 3-5 thousand tax-free minimum incomes of citizens.

The amendments also established the procedure for actions in the session hall after the fact of non-personal voting was revealed.

Ukraine tightens liability for crimes against the sexual integrity of children

On January 16, 2019, the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine Regarding the Implementation of the Unified Register of Persons Convicted of Crimes Against Sexual Liberty and Sexual Inviolability of the Juvenile, and Enhancing Responsibility for Crimes Committed Against Sexual Liberty and Sexual Inviolability of the Juvenile» came into force.

The law amends article 152 of the Criminal Code of Ukraine «Rape», which establishes that the rape of a person under fourteen years of age, regardless of his voluntary consent, is punishable by deprivation of liberty for a term of 10 to 15 years.

The law provides for the creation of a unified register of persons convicted of crimes against sexual freedom and sexual integrity of a minor – an automated electronic database.

The Register will store information on persons who have committed crimes against sexual freedom and sexual inviolability of a minor, including persons whose criminal record for such crimes has been canceled or canceled in the manner prescribed by law.

The registry holder is the Ministry of Justice of Ukraine.

The register contains information about the name, surname, patronymic of the convicted person, date of birth, place of residence or stay, the crime for which he was convicted, the type of criminal punishment applied to him, information about the sentence actually served by him, as well as violation of administrative rules supervision.

Information about the person is entered into the register on the basis of a court conviction that has entered into legal force.

The users of the registry are the heads of prosecutor's offices and preliminary investigation bodies, prosecutors, investigators and other authorized persons of the National Police of Ukraine and the State Bureau of Investigation.

Verkhovna Rada adopted a law on cassation appeal against court decisions

On January 15, 2020, the Verkhovna Rada adopted the Law of Ukraine “On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine regarding the improvement of the procedure for considering court cases”.

As indicated in the explanatory note, the law was adopted to ensure the unity and consistency of judicial practice and to balance the burden of cases between different jurisdictions, as well as the speedy consideration of cases.

The law, in particular, defines the grounds for cassation appeal of first instance court’s decision and a decision of a court of appeal:

1) if the court of appeals in the appealed court decision applied the rule of law without taking into account the conclusion on the application of the rule of law in similar legal relations, stated in the earlier decision of the Supreme Court, except in the presence of a decision of the Supreme Court to withdraw from such opinion;

2) if the complainant reasonably justifies the need to depart from the conclusion on the application of the rule of law in such legal relations, as stated in the earlier decision of the Supreme Court and applied by the court of appeal in the appealed court decision;

3) if there is no opinion of the Supreme Court on the question of the application of the rule of law in such legal relationships;

4) if the judgment is appealed on the grounds provided for the mandatory revocation of the judgment;

5) in case of adoption by the body conducting disciplinary proceedings against judges, the decision on the application of disciplinary sanction to the judges who were part of the panel of judges of the appellate court, which reviewed the case, the judgment in which is appealed, for a disciplinary offense committed in connection with consideration of such a case.

The law also simplifies the procedure for reviewing a judge's motions in the event of such a motion being made either on the eve or on the day of the hearing.

Government appoints new chairman of National Agency of corruption prevention

On January 15, 2020, the Cabinet of Ministers of Ukraine appointed Olexander Novikov as Chairman of the National Agency of corruption prevention.

Novikov became the winner of the open competitive selection.

The new head of the Anti-Corruption Agency has a higher legal education. He worked in the prosecution and inquiry bodies for over 10 years, supported the state prosecution for the fight against organized crime and economic crimes.

Among the priority tasks of the department Novikov sees ensuring full automation of checks of electronic declarations of persons holding a particularly responsible position, in particular judges and prosecutors.

The Verkhovna Rada has previously approved a bill to abolish the lawyer's monopoly

On January 14, 2020, the Verkhovna Rada adopted a resolution «On the preliminary approval of the bill amending the Constitution of Ukraine (abolishing the lawyer's monopoly)».

This is stated on the Council’s website.

The draft law envisages to amend the Constitution of Ukraine (the Verkhovna Rada of Ukraine, 1996, No. 30, Article 141) as follows:

1. Article 131-2 shall be reworded as follows:

«Article 131-2. A lawyer shall operate in Ukraine to provide professional legal assistance.

The independence of the bar is guaranteed.

The principles of the organization and activity of the bar and the practice of advocacy in Ukraine are determined by law.

Only a lawyer protects a person from criminal charges».

2. Subparagraph 11 of paragraph 161 of Section XV, «Transitional Provisions» is deleted.

It should be reminded that on October 31, 2019, the Constitutional Court of Ukraine recognized the No. 1013 as complying with the requirements of Articles 157 and 158 of the Constitution of Ukraine.

The Constitutional Court notes that the proposed amendments to the Constitution of Ukraine extend the possibility of representation in court.

The conclusion stated that the concept of «professional legal assistance» is not the same as the term «representation of a person in court». Attorneys provide professional legal assistance; instead, representation of a person in court may be made at the option of a lawyer or other entity.

This implies a positive obligation of the state, which is to guarantee the participation of a lawyer in providing professional legal assistance to a person in order to ensure his effective access to justice at the expense of the state in cases provided for by law.