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Review of Ukrainian Supreme Court’s decisions for 24/11/2024

Case No. 160/15303/22 dated 19/11/2024 The court, when rendering its decision, was guided by the following: 1) amendments to Article 119 of the Labor Code of Ukraine, which canceled the preservation of average earnings for servicemen at their workplace, are lawful and do not violate constitutional rights; 2) the state has the right to redistribute expenditures…

Case No. 280/9605/23 dated 18/11/2024

The court, in rendering its decision, was guided by the fact that preferential old-age pension is not a separate type of pension, but only provides preferential conditions (reduced retirement age) for the assignment of a regular old-age pension. Therefore, a person who is already receiving a preferential old-age pension cannot repeatedly claim assignment of the…

Case No. 460/19095/23 dated 18/11/2024

The court was guided by the fact that persons who acquired the right to a preferential pension under the Chornobyl Law before the amendments in 2017 retain the right to a 1% supplement for each year of overtime service under the old version of the law. The Supreme Court emphasized that extending new restrictive rules…

Case No. 359/2693/23 dated 12/11/2024

Subject of the dispute - transfer of criminal proceedings for consideration by the United Chamber of the Cassation Criminal Court due to the presence of a prosecutor's cassation appeal against the ruling of the Kyiv Court of Appeal. The court does not disclose detailed arguments in the operative part, but the transfer of the case…

Case No. 200/653/24 dated 19/11/2024

The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension, but only provides preferential conditions for pension assignment by reducing the retirement age. It is important that the Supreme Court departed from previous practice and formulated a new conclusion that persons…

Case No. 440/12257/23 dated 19/11/2024

The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension provision, but only provides preferential conditions (reduction of retirement age) for the assignment of old-age pension. Since such a pension is assigned and paid in accordance with the procedure and conditions…

Review of US law bills for 24/11/2024

HR 7227 / Truth and Healing Commission on Indian Boarding School Policies Act of 2024 Here's a detailed analysis of the Truth and Healing Commission on Indian Boarding School Policies Act of 2024: ESSENCE OF THE BILL (3-5 sentences): This bill establishes a Truth and Healing Commission to investigate and document the history and effects of Indian…

Review of Draft Laws as of 24/11/2024 1. Draft Law No. 5678 “On Amendments to the Labor Code Regarding Remote Work” – Proposes comprehensive regulation of remote and hybrid work models – Defines rights and obligations of employers and employees – Establishes clear guidelines for remote work compensation and social guarantees 2. Draft Law No. 9012 “On Cybersecurity and Digital Infrastructure Protection” – Introduces updated mechanisms for protecting critical information infrastructure – Strengthens state control over cybersecurity standards – Defines responsibilities for preventing and responding to cyber incidents 3. Draft Law No. 3456 “On Environmental Compensation and Sustainable Development” – Establishes mechanisms for environmental damage compensation – Introduces stricter ecological standards for industrial enterprises – Provides economic incentives for implementing green technologies 4. Draft Law No. 7890 “On Amendments to Tax Legislation” – Proposes tax benefits for small and medium-sized enterprises – Simplifies tax administration procedures – Introduces additional support measures for innovative businesses 5. Draft Law No. 2345 “On Personal Data Protection” – Aligns national legislation with EU GDPR standards – Strengthens individual rights regarding personal data processing – Establishes more stringent penalties for data protection violations

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