New changes in legislation

Extracts for legal literacy Important information News

Representatives of the Human Rights Ombudsman in the Donetsk People’s Republic on 24 September attended a regular plenary meeting of the autumn session of the People’s Council of the DPR of the II convocation.

In the course of legislative activity, the following draft laws were adopted by the deputies of the People’s Council of the Donetsk People’s Republic:

  • “On amendments to the Law of the Donetsk People’s Republic “On the system of public service of the Donetsk People’s Republic” and to the Law of the Donetsk People’s Republic “On the state civil service”.

According to the draft law, the civil service system will be presented in the following forms:

– civil service;

– military service;

– public rescue service;

– other types of public service.

Thus, the “law enforcement service” previously indicated in the above list is included in the “other types of public service”.

By virtue of the adopted changes:

Persons occupying posts in the bodies of income and charges, for which the law provides for the promotion of ranks and special titles of the tax and customs service, and performing functions in the field of taxation, will acquire the status of civil servants from the date of entry into force of the law of the Donetsk People’s Republic, enshrining the legal status of persons, substituting civil service positions in the customs authorities.

Thus, in relation to the above-mentioned category of persons, before the entry into force of the relevant law, the resolutions of the Government of the Donetsk People’s Republic will be in effect, regulating the grounds, the procedure for entering the service, its termination in the bodies of income and charges of the DPR.

  • “On amendments to Article 1642 of the Civil Code of the Donetsk People’s Republic”, which specifies the provisions of Clause 18 of Article 1642 of the CC of the DPR.

The draft law establishes that lease agreements for buildings and constructions, lease agreements for enterprises concluded for a period of more than three years are subject to obligatory notarization.

At the same time, until 1 January 2020, there will be no requirements for state registration of transactions concluded under contracts for the sale of real estate or an enterprise, donation of real estate, annuity and lifelong maintenance, providing for the alienation of real estate, as well as contracts for the lease of a building or a structure, lease enterprises, trust management of the real estate. However, the registration of the right itself, which has arisen in connection with the conclusion of the aforementioned agreements, will be carried out.

  • “On administrative responsibility for non-payment of funds for the maintenance of children or disabled parents.”

Administrative measures will be applied to parents in case of non-payment of funds without good reason, in violation of a court decision or a notarized agreement for the maintenance of minor children or disabled children of 18 years of age, within two or more months from the date of initiation of enforcement proceedings, but if such actions will not fall under the elements of a crime.

Administrative responsibility will also apply to able-bodied children who evade payment of funds for the maintenance of disabled parents without good reason, if their actions do not contain a criminal offense.

The draft law comes into force on the day following the day of its official publication on the official website of the People’s Council of the DPR and is valid until the entry into force of the Code of the Donetsk People’s Republic on administrative offences.

“On amendments to Article 163 of the Criminal Code of the Donetsk People’s Republic” (Wilful refusal to pay funds for the maintenance of children or disabled parents).

In connection with the introduction of administrative responsibility for the aforementioned unlawful acts, Article 163 of the DPR Criminal Code has undergone changes, which will provide for the occurrence of criminal liability in the event of repeated administrative offenses for non-payment of funds for the maintenance of children or disabled parents.

  • On amendments to Article 39 of the Law of the Donetsk People’s Republic “On compulsory insurance of civil liability of vehicle owners”.

The draft law establishes the extension of the moratorium (prohibition) period regarding the prosecution of persons who do not have an “OSAGO” insurance policy until 1 December 2020.