Legal news in Ukraine: the launch of the Anticorruption Court, new decision of the Constitutional court, President appointed and transferred judges, restorative justice program for minors has been presented, reorganization of the courts continues

Preparations for the launch of the Anticorruption Court began

The government has started preparing the normative-legal acts necessary to launch the Anticorruption Court. This was announced by the Prime Minister of Ukraine Volodymyr Hroisman.

The Ministry of Finance will provide the State Budget with expenditures for the work of the court over the coming years. The funds for this year's financing have already been allocated in the state budget.

The Ministry of Economic Development and Trade with the State Property Fund and Kyiv City State Administration must provide court premises.

The National Police and National Guard must ensure protection of the premises of the Anticorruption Court, personal protection of judges, their housing and personal safety of their families.

Hroisman insists that all critical issues regarding the launch of the court should be resolved within a month. Priority, in his opinion, is to provide court premises.

In addition, the High Qualification Commission of Judges of Ukraine has started selecting members of the Public Council of International Experts. Experts will examine candidates for positions of anti-corruption judges for compliance with the criteria of integrity and professional ethics.

Experts are appointed by the HQCJU for six years solely on the basis of proposals from international organizations that Ukraine cooperates with in the fight against corruption.

Such organizations include: the United Nations Office on Drugs and Crime, United Nations Human Rights Council: Special Rapporteur on the independence of judges and lawyers, Group of States Against Corruption, Committee of Experts of the Council of Europe on Measures to combat money laundering, Organization for Economic Co-operation and Development, Eurojust, Europol, European Partners against Corruption, European Anti-Fraud Office, Financial Action Task Force on Money Laundering, Organization for Security and Co-operation in Europe, Interpol, World Bank and European Bank for Reconstruction and Development.

It should be noted that the competition for judges of the court should take place before June 14, 2019, when the Law of Ukraine "On the Highest Anti-Corruption Court" enters into force.

Another condition for launching the court is the appointment of at least 35 anti-corruption judges, 10 of them – to the Appeals Chamber.

The President appointed and transferred judges to local courts

The President of Ukraine Petro Poroshenko supported the submission of the High Council for Justice to appoint 10 judges.

The judges were appointed to District Administrative Courts in Dnipropetrovsk, Donetsk, Poltava, Kyiv, Lviv, and Ternopil.

In addition, the President approved the temporary transfer of 44 judges of local courts. 23judges were transferred for one year, 15 – for six months and another 6 – until the judges’ mandates are over.

Most of the judges were sent to the Kalynivsky district court in the Vinnytsia region.

Constitutional Court approved the decision to restore social benefits for Chornobyl victims

The Constitutional Court of Ukraine ruled on restoring social guarantees to victims of the Chornobyl catastrophe, press service of the court reported.

50 people's deputies of Ukraine demanded to check the constitutionality of a number of norms of the Law of Ukraine dated December 28, 2014, No. 76-III. They stated that the mentioned above norms restricted or abolished state benefits and compensations for Chornobyl victims, established by the Law No. 796.

Referring to the Article 16 of the Constitution, the Constitutional Court of Ukraine noted that the State's obligation to overcome the consequences of the Chornobyl catastrophe caused the granting of a special status to citizens who suffered in it.

Privileges, compensations and guarantees are a special form of compensation for damage to this category of citizens. Therefore, the abolition or limitation of these benefits, compensations and guarantees without equivalent replacement will indicate the retreat of the state from its constitutional duty.

The decision of the CCU also states that benefits, compensations and guarantees are a special form of compensation for damage to such persons for the lost health, moral and physical sufferings. In addition, the Constitutional Court of Ukraine noted that the level of social protection of Chornobyl victims should provide them with a decent life and should not depend on the financial situation of their families.

Consequently, the Law No. 76 on the abolition or limitations of benefits, compensations and guarantees established by Law No. 796, concerning the social protection of victims of the Chornobyl catastrophe, contradicts the provisions of the second part of Article 3 of the Constitution of Ukraine, according to which the state is responsible to a person for its activity.

«On the basis of the above, the Constitutional Court of Ukraine came to the conclusion that the subparagraph 2, paragraphs 1, 2, 3, 4, paragraphs 1, 2, 5, paragraphs 1 to 4, subparagraph 6, clause 7, paragraph 4, section I of Law No. 76, part three Article 22, part two of Article 24, part seven of Article 30 of Law No. 796, Article 53 (other than its title), Article 60 of Law No. 796 in the wording of Law No. 76 are not in line with the Constitution of Ukraine (are unconstitutional)», the statement reads.

The mentioned above provisions shall lose force on the date of adoption of this Decision by the Constitutional Court of Ukraine.

The decision of the Constitutional Court of Ukraine is binding, final and non-objectionable.

Restorative justice program for minors has been presented

The Inter-departmental Coordination Council on Juvenile Justice has prepared a draft restoration program of juvenile justice. The program will be implemented on the basis of the free legal aid system.

The program will apply in cases of minor and moderate juvenile delinquency.

Program participants are prosecutors, mediators, probation officers and workers of regional centers of free legal aid.

The prosecutor, in particular, determines whether a criminal proceeding meets the terms of the program and obtains the consent of the parties to participate in the program.

The coordinator contacts the parties to the proceedings, decides on the appointment of the mediator, organizes preliminary meetings between the parties for the purpose of preparing and concluding an agreement on reconciliation.

Probation officer makes a work plan with the offender and monitors its execution.

The mediator conducts preliminary meetings with the parties and the minor’s legal representative, clarifies the procedure for the recovery program and, in the case of consent to participate, proposes to sign the relevant agreement.

The agreement is the basis for the release of a juvenile from criminal liability on the basis of the Art. 46 CCU and Art. 48 CCU. If the agreement has not been concluded, participation in the program and recognition of his guilt cannot be used against a minor.

The specialists of the free legal aid system are to become coordinators of the reconciliation process. The basis mediation training of lawyers is already underway.

The program also includes the opening of mediation lawyers register, who participated in training and will take part in the project. The payment for mediation lawyer services will be elaborated.

Registration of new courts is coming to an end

163 out of 350 new courts formed by decrees of the President of Ukraine have already been registered, the State Judicial Administration of Ukraine reports.

8 appellate administrative courts, 7 appellate economic courts, 26 appellate courts and 27 local economic courts have been registered as legal entities.

At the same time, only 95 out of 282 local general courts were registered.

«The state registration of local general courts will be completed in the near future», the statement said.

It should be reminded that 350 appellate and district courts were formed in accordance with the Decrees of the President of Ukraine of December 29, 2017. In addition, 27 district administrative courts, established by the Decree of the President of Ukraine of November 16, 2004, will continue to work.