Legal news in Ukraine: prosecutor’s office stopped the function of pre-trial investigation, new conclusion of Constitutional Court, fines for violating rules for transporting children, government will review size of living wage

The prosecutor's office has stopped the function of pre-trial investigation

On November 20, 2019, the prosecutor's office ends the function of pre-trial investigation.

At the same time, prosecutors continue to provide procedural guidance in the investigation, that is, the organization and coordination of the pre-trial investigation.

All incomplete investigations are transferred in accordance with the qualifications to the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine, the Security Service of Ukraine, etc. At the same time, the powers of prosecutors to carry out procedural actions within the framework of investigations will ensure their continuity.

The materials of the proceedings will be sent to the specialized department of the State Bureau of Investigation, to which the investigators switched.

Note, the pre-trial investigation was carried out by the prosecutor’s office temporarily. This function is not inherent in the prosecutor's office and is not included in the functions of the prosecutor's office, according to the Basic Law and the Law of Ukraine «On the Prosecutor’s Office».

In the «Transitional Provisions» of the Constitution of Ukraine and the Criminal Procedure Code of Ukraine, it is noted that by the creation of the State Bureau of Investigation the powers of pre-trial investigation are carried out by investigators of the prosecutor's office, and after the beginning of its work, they must complete the investigation within a specified time or decide whether other bodies of the pre-trial are charged with its implementation investigation.

The Constitutional Court gave its opinion on the bill on new ombudsmen

The Constitutional Court of Ukraine provided an opinion on the constitutional appeal of the Verkhovna Rada of Ukraine on constitutionality of draft bill No. 1016 on amendments to Articles 85 and 101 of the Constitution of Ukraine regarding authorized representatives of the Verkhovna Rada of Ukraine.

CCU recognized the bill as such that does not meet the requirements of the first part of Article 157 of the Constitution of Ukraine and meets the requirements of the second part of Article 157, Article 158 of the Constitution of Ukraine.

The bill proposes the following amendments to the Constitution of Ukraine:

the first part of Article 85 shall be supplemented with paragraph 171 as follows: «The appointment and dismissal of authorized representatives of the Verkhovna Rada of Ukraine in compliance with the Constitution of Ukraine and laws in certain areas; hearing their annual reports on the status of compliance with the Constitution of Ukraine and laws in relevant areas»;

article 101 is worded as follows: «Parliamentary control over the observance of constitutional rights and freedoms of man and citizen is carried out by the Human Rights Commissioner of the Verkhovna Rada of Ukraine.

In order to exercise parliamentary control over compliance with the Constitution of Ukraine and laws in certain areas, the Verkhovna Rada of Ukraine may appoint authorized representatives of the Verkhovna Rada of Ukraine, the legal status of which is determined by separate laws».

The Court’s Opinion states that the amendments proposed by the bill to Articles 85 and 101 of the Constitution of Ukraine provide for the introduction of a new type of parliamentary control, which may go beyond the control of observance of the constitutional rights and freedoms of man and citizen and may potentially pose the risk of excessive interference of parliament through authorized representatives The Constitution of Ukraine and laws in various areas of public relations without observing the balance of private and public interests, in particular in the activities of businessme, the activities of civil society institutions, government bodies and local authorities, and thus may lead to a breach and restrictions on rights and freedoms of man and citizen.

Ukrainians will be fined for violating the rules for transporting children

On November 20, 2019, the Law of Ukraine «On Amendments to the Code of Ukraine on Administrative Offenses regarding the Establishment of Responsibility for Violating the Rules for the Transport of Children»" entered into force, which the Parliament adopted on October 29, 2019.

The law supplements Article 121 of the Code of Ukraine on Administrative Offenses with new parts, according to which a fine is imposed on the driver for violation of the rules of transporting children in the amount of 30 tax-free minimum incomes of citizens.

Repeated offenses committed during the year are punishable by a fine of 50 tax-free minimum incomes of citizens.

The authorities of the National Police have the duty to consider cases of administrative offenses regarding violation of the rules for the transport of children.

It is forbidden to transport children whose height is less than 145 cm or who have not reached 12 years of age in vehicles equipped with safety belts, without the use of special means to fasten a child, as well as children under 16 years of age in the back of any truck; organized groups of children in the dark.

It should be noted, previously legislation did not provide for rules that would establish liability for violations of the rules for transporting of children.

Implementation of the law should help to reduce road injuries and child mortality.

The government has to revised the size of subsistence minimum for 2019

The Kyiv District Administrative Court has finalized the case on Stanislav Batrin's claim to the Cabinet of Ministers of Ukraine on the size of subsistence minimum for 2019, reported the press service of the court.

The court found illegal the actions of the Cabinet of Ministers of Ukraine on setting the subsistence minimum for 2019 without conducting a scientific and public examination of the established set of food, food products and services.

The court also found unlawful the Government's actions to develop and approve the draft Law of Ukraine «On the State Budget for 2019» of September 15, 2019 No. 9000, its submission to the Verkhovna Rada of Ukraine in violation of the minimum wage and other social standards and guarantees.

In its decision, the court ordered the Cabinet of Ministers of Ukraine to set the subsistence minimum in accordance with the provisions of the Laws of Ukraine «On the subsistence minimum» and «On state social standards and state social guarantees».