Changes to legislation, court practice news and much more
On 27 September 2023, the Draft Law on Amendments to Certain Laws of Ukraine on the State Final Certification and the 2024 Admission Campaign was adopted
The draft law proposes to continue in 2024 the practice of holding entrance examinations electronically, using the organisational and technological processes of external independent testing, for competitive admission to professional pre-higher and higher education institutions, for the safety of applicants and education staff in view of the aggression of Russian military and terrorist groups against the national education and science system, namely:
1) to supplement the Laws of Ukraine «On Higher Education» and «On Professional Pre-Higher Education» with provisions stating that admission to higher education and to professional pre-higher education institutions in 2024 is carried out under a special procedure determined by the central executive authority in the field of education and science;
2) to establish that in 2024 competitive admission to higher education on the basis of complete general secondary education, the educational qualification of junior specialist, the educational and professional degree of professional junior bachelor or the higher education degree of junior bachelor is based on the results of the 2021 external independent testing and/or the 2022-2024 entrance examinations held using the organisational and technological processes of external independent testing, and a creative competition (physical aptitude test) where provided for by law;
3) to establish that in 2024 the entrance examinations for competitive admission to higher education on the basis of complete general secondary education, the educational qualification of junior specialist, the educational and professional degree of professional junior bachelor or the higher education degree of junior bachelor include Ukrainian, mathematics, the history of Ukraine and an elective subject (physics, chemistry, biology, a foreign language, geography, Ukrainian literature); for applicants to the relevant specialities on the basis of the junior specialist qualification, the professional junior bachelor degree or the junior bachelor degree, a single professional entrance examination in economics and management or agricultural sciences may additionally be used;
4) to supplement the Law of Ukraine «On Complete General Secondary Education» with provisions exempting students completing each level of complete general secondary education from the state final certification. For pupils completing primary education in 2024, the state final certification will be held as a pilot.
5) given the experience gained in using distance learning technologies, to establish that in 2024 there is no admission to bachelor’s and master’s degrees in evening and part-time forms of study, encouraging education institutions to develop distance higher education instead;
6) to optimise the structure of admission and taking into account the prospects of interdisciplinary educational programmes, to establish that in 2024 there is no admission to the higher education degree of junior bachelor.
On 27 September 2023, the President of Ukraine signed Law No. 9185 «On Amendments to the Criminal Code, the Criminal Procedure Code of Ukraine and Other Legislative Acts of Ukraine to Improve the Types of Criminal Punishment under Martial Law»
The law makes probation supervision one of the main types of punishment, on a par with restriction or deprivation of liberty, while serving as an alternative to them. This type of punishment is provided for:
- intentional grievous bodily harm when exceeding the limits of necessary self-defence;
- exceeding the measures necessary to apprehend a person who has committed a criminal offence;
- intentional minor bodily harm;
- battery and torment;
- domestic violence;
- threats to kill;
- infection with the human immunodeficiency virus or another incurable infectious disease;
- infection with a venereal disease;
- failure of a medical worker to assist a patient;
- forced donation;
- exploitation of children;
- coercion into sexual intercourse;
- violation of the rules on financing political parties and election campaigning;
- evasion of child support;
- disclosure of the secrecy of adoption;
- obstruction of journalists’ professional activities;
- gross violation of labour legislation;
- non-payment of wages, scholarships, pensions or other statutory payments;
- violation of the inviolability of private life, the right to education and the right to free medical care;
- theft, robbery, hooliganism and fraud;
- illegal use of humanitarian aid and charitable donations for profit;
- forgery of documents;
- disclosure of banking secrecy;
- illegal logging, transportation, storage and sale of timber;
- poaching;
- public calls to commit a terrorist act;
- desecration of a grave;
- import, production, sale and distribution of pornographic items;
- running or maintaining brothels and pimping;
- sowing or growing opium poppy or cannabis;
- illegal production, manufacture, acquisition, storage, transportation or shipment of narcotic drugs, psychotropic substances or their analogues without intent to sell.
This punishment may be imposed for a term of 1 to 5 years. It is served without isolation from society but with a number of obligations: the person concerned must:
- report periodically for registration to the authorised probation body;
- inform the authorised probation body of any change of residence, work or study;
- not travel outside Ukraine without the consent of the authorised probation body.
The court may also impose other obligations on the convicted person:
- to use an electronic monitoring device and live at the address specified in the court decision;
- to comply with the court’s requirements regarding certain actions and restrictions on communication, movement and leisure;
- to find a job or, on referral by the authorised probation body, register as unemployed with the state employment service and accept a position (job) if offered;
- to take part in the measures provided for by the probation programme;
- to undergo treatment for drug or alcohol addiction, mental and behavioural disorders caused by the use of psychoactive substances, or a disease that is dangerous to the health of others.
If the convicted person fails to fulfil the obligations imposed by the court while on probation, their liberty may be restricted for up to three years. At the same time, probation supervision cannot be imposed on persons who committed a criminal offence while serving this type of punishment.
On 22 September, the Cabinet of Ministers adopted Resolution No. 1014 «On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 1092 of 27 September 2022», which entered into force on 26 September
The document was developed to make obtaining authorisations for customs simplifications easier and faster.
The key change is an additional model for assessing the financial performance of companies, which will allow more companies to obtain authorisations for comprehensive guarantees with the coverage reduced to 50% or 30%, or with a guarantee waiver.
The additional model provides for:
- an analysis of applicants’ financial condition based on the dynamics of a wider range of indicators (without any benchmark values, unlike the basic model);
- a points scale for different types of authorisations for comprehensive guarantees, depending on how much the coverage by a financial institution’s guarantee is reduced;
- quarterly (instead of annual) monitoring of this criterion while the additional model is applied, which will require companies choosing this model to prepare and submit interim financial statements.
The Cabinet of Ministers registered in the Verkhovna Rada Draft Law No. 10095 «On Amendments to Certain Legislative Acts of Ukraine on Introducing a Unified Checklist for Establishing Whether Land Management Documentation, Technical Documentation on Soil Grading and Technical Documentation on the Normative Monetary Valuation of Land Comply with the Requirements»
The draft law aims to introduce a unified checklist for establishing whether land management documentation, technical documentation on soil grading and technical documentation on the normative monetary valuation of land comply with the laws and the regulations adopted under them, as well as with previously approved land management or urban planning documentation, when approving it, during the state registration of land plots or when amending the information on objects of the State Land Cadastre.
The draft law amends the Land Code and the Laws «On Land Management», «On the State Land Cadastre» and «On Land Valuation», proposing to define:
- the grounds for refusing to agree and approve land management documentation;
- the requirements for the documents that serve as the basis for entering information into the State Land Cadastre;
- the grounds for refusing the state registration of a land plot or the entry of changes to the information on a land plot in the Land Book;
- the grounds for refusing to approve technical documentation on soil grading and the normative monetary valuation of land plots.
On 27 September 2023, the Draft Law «On Amendments to Certain Legislative Acts of Ukraine on Additional Grounds for Deferment during Mobilisation and Discharge from Military Service under Martial Law» was published
The draft law aims to protect childhood and motherhood and to streamline the legislation by establishing: a deferment from conscription for women on leave to care for a child under three, or for a longer period if the child needs home care as specified in a medical report but no longer than until the child turns six, and for pregnant women; grounds for discharge from military service under martial law for adoptive parents supporting adopted children who were orphans or children deprived of parental care under 18 at the time of adoption, and for guardians, custodians, foster parents and family-type children’s home parents supporting orphans or children deprived of parental care under 18; guarantees for certain categories of military personnel listed in paragraphs four to twelve of part one of Article 23 of the Law of Ukraine «On Mobilisation Preparation and Mobilisation» to serve at their place of residence.
The draft law proposes the following amendments:
1) to the Law of Ukraine «On Military Duty and Military Service»:
a) Article 26, part 4, item 2, sub-item «g»: to add family circumstances as grounds for discharge from military service under martial law - a serviceman supporting a child adopted by him who, at the time of adoption, was an orphan or a child deprived of parental care under 18; a serviceman who is a guardian, custodian, foster parent or family-type children’s home parent supporting an orphan or a child deprived of parental care under 18;
b) Article 39, part 1: to add a paragraph stating that persons with disabilities, as well as the persons listed in paragraphs four to twelve of part one of Article 23 of the Law of Ukraine «On Mobilisation Preparation and Mobilisation» who are called up during a special period with their consent, serve only at their place of residence.
2) to part one of Article 23 of the Law of Ukraine «On Mobilisation Preparation and Mobilisation»: to replace the wording «adoptive parents ... supporting orphans or children deprived of parental care under 18», which does not comply with the current legislation, with «adoptive parents supporting adopted children who, at the time of adoption, were orphans or children deprived of parental care under 18»; to add family circumstances as grounds for deferment during mobilisation - pregnant women and women on leave to care for a child under three, or for a longer period if the child needs home care as specified in a medical report but no longer than until the child turns six.
The adoption of the draft law will strengthen the protection of children’s rights under martial law and will allow: adoptive parents supporting an adopted child who, at the time of adoption, was an orphan or a child deprived of parental care under 18, and guardians, custodians, foster parents and family-type children’s home parents supporting an orphan or a child deprived of parental care under 18 who did not use their right not to be mobilised because they were unaware of it, to be discharged from military service under martial law; certain categories of military personnel listed in paragraphs four to twelve of part one of Article 23 of the Law of Ukraine «On Mobilisation Preparation and Mobilisation» to be guaranteed military service at their place of residence; pregnant women and women on leave to care for a child under three, or for a longer period if the child needs home care as specified in a medical report but no longer than until the child turns six, to be exempted from conscription.
