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Publication date: 16.05.2024
Recommendations of the Committee on Legal Policy of the Verkhovna Rada regarding changes in legislation on the judicial system under martial law
Introduction
The Committee on Legal Policy of the Verkhovna Rada of Ukraine recently considered two important draft laws concerning changes in the legislation on the judiciary and the status of judges under martial law. This is a draft law on amendments to Chapter XII "Final and Transitional Provisions" of the Law of Ukraine "On the Judiciary and the Status of Judges" (Reg. No. 9439) and a draft law on amendments to the sixth part of Article 150 of the same law regarding the remuneration of civil servants courts (reg. No. 11158). In this article, we will consider in detail the purpose, provisions and recommendations of the Committee regarding these draft laws.
Bill No. 9439: Appointment of judges under martial law
The purpose of the draft law
The main purpose of draft law No. 9439 is to ensure proper vetting of persons applying for the post of judge, taking into account possible threats to the national security of Ukraine under martial law. This includes screening candidates for actions that may harm the national interests of Ukraine.
Key provisions of the draft law
The draft law proposes to amend Chapter XII "Final and Transitional Provisions" of the Law of Ukraine "On the Judiciary and the Status of Judges" and Chapter III "Final and Transitional Provisions" of the Law of Ukraine "On the High Council of Justice".The main changes include:
Powers of the President of Ukraine: During martial law and one year after its termination or cancellation, the President of Ukraine will have the right to return the application for the appointment of a judge to the High Council of Justice (HCJ) for reconsideration, if the Security Service of Ukraine (SBU) or the National Anti-Corruption Bureau of Ukraine (NABU ) will provide information about a possible threat to national security on the part of the candidate.
Reconsideration by the GRP: In the case of a return of the application, the GRP must reconsider the issue of submitting the application for the appointment of a judge.
Recommendations of the Committee
The Legal Policy Committee recommended that the Parliament include draft law No. 9439 in the agenda of the eleventh session of the Verkhovna Rada of Ukraine of the ninth convocation and adopt it as a basis after consideration in the first reading. In addition, the Committee proposes to apply Article 116 of the Regulations of the Verkhovna Rada of Ukraine.
Bill No. 11158: Remuneration of civil servants of courts
The purpose of the draft law
Draft Law No. 11158 is aimed at improving the system of payment of civil servants of court apparatus by introducing regional coefficients that take into account the size of the settlement where the court is located.
Key provisions of the draft law
The project proposes to amend Part 6 of Article 150 of the Law of Ukraine "On the Judiciary and the Status of Judges", namely:
Regional coefficients for official salaries:
1.1 — for settlements with a population of at least 100,000 people.
1.2 — for settlements with a population of at least 500,000 people.
1.25 — for settlements with a population of at least 1 million people.Application of coefficients: If the court is located in several settlements, the coefficient is applied according to the location of the body that carried out the state registration of the court. You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
Recommendations of the Committee
The Legal Policy Committee recommended that the Parliament include draft law No. 11158 in the agenda of the eleventh session of the Verkhovna Rada of Ukraine of the ninth convocation and adopt it as a basis after consideration in the first reading. It was also proposed to apply Article 116 of the Regulations of the Verkhovna Rada of Ukraine.
Conclusions
Consideration and recommendations regarding these draft laws reflect the importance of adapting legislation to the conditions of martial law and the post-war period. Bill No. 9439 aims to ensure national security through thorough vetting of candidates for the position of judges, while Bill No. 11158 improves the system of remuneration of civil servants of the courts, taking into account regional characteristics. The Committee on Legal Policy considers these changes necessary for the effective functioning of the judicial system of Ukraine in the conditions of current challenges and recommends the parliament to support these draft laws.
