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Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On Amendments to the Law of Ukraine «On the Judiciary and the Status of Judges» and some legislative acts of Ukraine regarding financial support for the activities of judicial governance bodies» (Reg. No. 11254-1, dated May 24, 2024) (hereinafter referred to as the draft law); the compliance of the draft law with the requirements of the Law of Ukraine «On the judiciary and the status of judges», the recommendations of the European Commission regarding Ukraine's acquisition of the status of a candidate for EU membership, as well as the provisions of the Budget Code of Ukraine and the Law of Ukraine «On the State Budget of Ukraine» is considered. Based on the results of the analysis, risks are identified that may in the future hinder the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it.
Key words: The Higher Qualification Commission of Judges of Ukraine, the requirements of the European Commission for Ukraine to acquire the status of a candidate for EU membership, the status of the main administrator of the State Budget of Ukraine, expenditures from the State Budget of Ukraine.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to the Law of Ukraine «On the judiciary and the status of judges» regarding financial support for the activities of the Higher Qualification Commission of Judges of Ukraine» (Reg. No. 11254, dated 13.05.2024) (hereinafter referred to as the draft law); compliance of the draft law with the requirements of the Law of Ukraine «On the judiciary and the status of judges», as well as the provisions of the Budget Code of Ukraine and the Law of Ukraine «On the State Budget of Ukraine» is considered. Based on the results of the analysis, risks are identified that may in the future hinder the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it.
Key words: High Qualification Commission of Judges of Ukraine, the status of the main manager of funds of the State Budget of Ukraine, expenses from the State Budget of Ukraine.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On Amendments to Article 336 of the Criminal Code of Ukraine regarding the establishment of non-custodial punishments» (hereinafter referred to as the draft law); the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity and the norms of the current legislation of Ukraine is considered. Based on the results of the analysis, risks are identified that may in the future hinder the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it.
Key words: criminal offenses, punishment, evasion of conscription, mobilization, special period, imprisonment.
05/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amending the Criminal and Criminal Procedural Codes of Ukraine to improve the procedure for conducting criminal proceedings under martial law»; the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activities and the norms of the current legislation of Ukraine and the practice of the European Court of Human Rights in the field of criminal justice is considered. According to the results of the analysis, risks are established that in the future may impede the proper implementation of the bill during law enforcement activities and the achievement of the goal proclaimed in it.
Key words: criminal proceedings, martial
law, pre-trial investigation, trial of criminal proceedings, lost materials of
criminal proceedings, procedure for restoring materials of criminal cases,
execution of sentences in criminal proceedings, written proceedings.
05/2024
Abstract. Analyzing the proposals for the implementation of legal regulation of responsibility for the identification of a lawyer with a client, contributing to a deliberate violation of the guarantees of advocacy, the Information Certificate examines the risks of changes proposed to the Code of Administrative Offenses, related, in particular, to legal uncertainty, non-compliance with the rules of law-making, inconsistency in the amount of penalties, etc.
Key words: administrative liability, administrative tort proceedings, advocacy, identification of a lawyer with a client.
Abstract. The information note analyzes draft laws, the purpose of which is to humanize the grounds for imposing punishment in the form of life imprisonment for women and to recognize as non-discriminatory actions the establishment of various types and sizes of criminal punishments by amending Article 64 of the Criminal Code of Ukraine, laws of Ukraine «On ensuring equal rights and opportunities for women and men», «On the principles of preventing and countering discrimination in Ukraine».
Key words: criminal liability, criminal punishment, life imprisonment, criminal liability of women, discrimination.
05/2024
Abstract. The Information note considering the compliance of the bill with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activities and the norms of the current legislation of Ukraine in the field of road safety and road transport safety, establishes risks that will further impede the proper implementation of the bill during law enforcement activities, the achievement of the goal proclaimed in it.
Key words: administrative offences, road safety, road transport safety, fixing, automatic mode, parking inspector.
03/2024
Abstract. The information note examines the issue of improving the principles of administrative and criminal liability for violations of defense legislation, military duty and military service, mobilization training and mobilization taking into account the requirements of martial law, in the context of the draft law's No. 10379 proposals.
Key words: administrative liability, criminal liability, military offenses, conscription, mobilization, evasion of conscription.
01/2024
Abstract. In the information note the issues of imposing an obligation on the investigator, the prosecutor to notify the Pension Fund of Ukraine about the wanted announcement of a suspect accused of crimes against the foundations of national security, in order to stop their pension payments are considered.
Key words: criminal proceedings, suspect, accused, Pension Fund of Ukraine, pension payments.
12/2023
Abstract. The information note analyzes the proposal to supplement Article 345 of the Criminal Code of Ukraine with a note that defines the concept of «employee of a law enforcement agency». The expediency of introducing the term "law enforcement agencies" into the legislative circulation is indicated.
Key words: criminal offenses, qualification of acts, law enforcement bodies, law enforcement functions, law enforcement agencies.
12/2023