In particular, the Committee declared the bill to amend the Law of Ukraine "On Judicial System and the Status of Judges" and the Code of Ukraine on Administrative Infringements (to guarantee constitutional right for court protection) (Reg.No.9487) as non-contradicting to the law of the European Union, obligations of Ukraine in the framework of the European Council and other international and legal obligations of Ukraine. The bill stipulates establishing the procedure of cassational appealing against decisions rendered on several categories of administrative infringements.
The committee noted that the analysis of the procedure of appealing against a decision should be based on the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.
The Committee members underlined that the changes mainly concern establishing the procedure of cassational appealing of decisions (resolutions) rendered by the courts of Ukraine when considering cases on administrative infringements.
The Committee members concluded that the stipulated establishing of the procedure of cassational appealing of decisions will not contradict the principles of the Convention.
The Committee declared the bill to amend the Law "On Deposit Insurance System" regarding improvement of Fund activities and establishing minimal sum of maximum deposit compensation" as non-contradictive to the law of the European Union. The bill aims at protecting the rights of financial service receivers.
The Committee noted that by the subject of legal regulation the bill belongs to the sphere of financial services the legal relations of which are regulated by:
Directive 94/19/EC of the European Parliament and of the Council on deposit-guarantee schemes; Commission Recommendation concerning the introduction of deposit-guarantee schemes in the Community; first Council Directive (77/780/EEC) of 12 December 1977 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions; Council Directive 92/16/EC that amends Directive 89/299/EEC on the own funds of credit institutions; Council Directive 89/299/EEC on the own funds of credit institutions; Directive 2009/14/EC of the European Parliament and of the Council that amends Directive 94/19/EC on deposit-guarantee schemes as regards the coverage level and the payout delay.
The Committee concluded that the bill does not contradict the provisions of the abovementioned international documents.
