05 February 2008, 09:48
The Bill (Reg. No.1477) proposes amendments to this Clause, to the effect that in addition to work experience in the position of a Judge in Ukrainian Courts, State Adjudicator and Adjudicator in Departmental Courts of Arbitration in Ukraine, the experience gained as a Lawyer, Prosecutor or Investigator, will be added to the working experience of Judges, thus entitling them to a retirement and lifetime provision of a monthly cash allowance, provided that their experience in the position of a Judge is at least 10 years.
The Sponsor of the Bill, People´s Deputy, Yu. Miroshnychenko, states that ‘the need for this Bill stems from the fact that Clause 43 of this Law lists those previous positions which can be added to a Judge´s work record, entitling him/her to retire and receive a lifetime monthly cash allowance.´
However, The People´s Deputy points out, this list fails to include the working experience gained in a Lawyer´s position. This is despite a Lawyer´s work being connected with that of a Judge during any Court proceedings and in the operation of Courts, to the same extent, if not more, than work carried out by an Investigator, Prosecutor, or any other Officer within the Justice bodies.
The Sponsor believes that the passing of this Bill will permit an equitable realization of the Right to Retirement by Judges who have previously worked as Lawyers.