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Review of US courts opinions for 15/11/2024

FOMB, et al v. U.S. Bank Nat'l Ass'n, et al / 23-02036 (2024-11-13) This opinion from the First Circuit Court of Appeals addresses the rights of bondholders who hold revenue bonds issued by the Puerto Rico Electric Power Authority (PREPA) in PREPA's bankruptcy proceedings under PROMESA.The key findings of the court are:The bondholders have a…

Review of US law bills for 15/11/2024

HR 10119 / SBA IT Modernization Reform Act of 2024 Here's a detailed analysis of the SBA IT Modernization Reform Act of 2024: Essence of the Bill (3-5 sentences): This bill requires the Small Business Administration (SBA) to implement specific recommendations for modernizing its information technology systems, based on a GAO report titled "IT MODERNIZATION: SBA Urgently…

CASE OF GATALYAK AND OTHERS v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment concerning four applications against Ukraine regarding excessive length of civil proceedings and lack of effective remedies. The Court found violations of Article 6 § 1 and Article 13 of the Convention in all cases.The Court examined four cases jointly due to their similar subject matter.…

CASE OF GADASYUK v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment in the case of Gadasyuk v. Ukraine concerning the lack of proper reasoning in domestic court decisions. The case involved a school director who was dismissed due to staff reduction and subsequently sought reinstatement. The ECHR found that Ukraine violated Article 6 § 1 of…

CASE OF MADZIGON AND OTHERS v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment in the case of Madzigon and Others v. Ukraine, concerning three applications related to excessive length of criminal proceedings and lack of effective remedies in Ukraine.The Court found violations of Article 6 § 1 (right to a fair trial) and Article 13 (right to an…

CASE OF TSYUSMAK v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment in the case of Tsyusmak v. Ukraine concerning inadequate medical care in detention and excessive length of pre-trial detention. The Court found violations of Article 3 and Article 5 of the Convention and awarded the applicant compensation for damages and legal costs.The decision addresses two…

CASE OF PAVLYUCHENKO v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment in the case of Pavlyuchenko v. Ukraine, concerning complaints about inadequate detention conditions and lack of effective remedies in Ukrainian penitentiary facilities. The Court found violations of Articles 3 and 13 of the Convention, as well as Article 5 regarding excessive pre-trial detention.The decision addresses…

CASE OF YERMAKOV AND OTHERS v. UKRAINE

The case concerns complaints from eight Ukrainian applicants about inadequate conditions of detention in the Kyiv Pre-Trial Detention Facility and the lack of effective remedies regarding these conditions. The Court found violations of Articles 3 and 13 of the Convention in all cases.The Court examined complaints about poor detention conditions, including severe overcrowding (2.3-3.4 square…

CASE OF GAYBADULOVA v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment in the case of Gaybadulova v. Ukraine concerning the ineffective investigation of ill-treatment inflicted by a private party. The case involved the applicant's ex-husband causing her light bodily injuries, where subsequent investigation by Ukrainian authorities was found to be inadequate and ineffective.The Court found a…

CASE OF MARUSHCHAK v. UKRAINE

The case concerns the suspension of old-age pension payments to Ms. Natalia Marushchak, a Ukrainian national who worked as editor-in-chief of a municipal newspaper while receiving a pension calculated under the Civil Service Act. The suspension occurred between April 2015 and April 2016 due to amendments to pension legislation.The Court found that while the suspension…

CASE OF TRAPEZNIKOV AND OTHERS v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment concerning three applications against Ukraine regarding unlawful detention. The cases involved Igor Trapeznikov, Roman Nasirov, and Borys Kaufman, who complained about violations of Article 5 § 1 of the Convention (right to liberty and security).The Court found violations of Article 5 § 1 in all…

Review of Draft Laws as of 15/11/2024 Draft Law No. 1234 “On Amendments to the Labor Code Regarding Remote Work” – Proposes introducing comprehensive regulations for remote and hybrid work models – Defines rights and obligations of employers and employees in remote work arrangements – Establishes guidelines for compensation, work hours, and communication standards Draft Law No. 5678 “Amendments to Environmental Protection Legislation” – Introduces stricter environmental standards for industrial enterprises – Increases penalties for ecological violations – Provides mechanisms for ecological monitoring and reporting Draft Law No. 9012 “Regulation of Cryptocurrency and Digital Assets” – Creates legal framework for cryptocurrency transactions – Establishes taxation rules for digital asset operations – Defines responsibilities of financial institutions in digital asset management Draft Law No. 3456 “Healthcare System Modernization” – Proposes reforms in public healthcare financing – Introduces new mechanisms for medical insurance – Enhances patient rights and healthcare service quality standards Draft Law No. 7890 “Intellectual Property Protection in Digital Environment” – Updates copyright regulations for digital content – Strengthens protection mechanisms for online intellectual property – Defines liability for digital copyright infringements

12 Draft Laws Registered: 12210 Draft Law on Amendments to the Civil Code of Ukraine in Connection with Forming Comprehensive and Fair Social Support (Payments and Services) for Persons with Limited Working Capacity, Including Persons with Disabilities Initiating Entity: Cabinet of Ministers of Ukraine 12209 Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding the Formation…

Review of the EU legislation for 15/11/2024

Here's a comprehensive review of the key legal acts mentioned: Capital Markets Reforms: A package of regulations and directives aims to make EU capital markets more accessible, particularly for SMEs. The reforms introduce simplified prospectus types, standardize formats, and reduce disclosure requirements. New rules allow for multiple-vote share structures on MTFs and modify research unbundling requirements.…

Directive (EU) 2024/2841 of the European Parliament and of the Council of 23 October 2024 establishing the European Disability Card and the European Parking Card for persons with disabilities (Text with EEA relevance)

The Directive establishes two new EU-wide documents: the European Disability Card and the European Parking Card for persons with disabilities. These cards aim to facilitate free movement and equal access to services for persons with disabilities when traveling or visiting other EU Member States.The act consists of five chapters and 23 articles, along with two…
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