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Review of Ukrainian Supreme Court’s decisions for 28/11/2024

Case No. 753/19724/15-k dated 14/11/2024 Subject of the dispute - a prosecutor's appeal against an acquittal in a case of an individual accused of illegal sale of psychotropic substances. The court was guided by the fact that the prosecution's evidence was deemed inadmissible due to violations during covert investigative actions, particularly the lack of confirmation of…

Case No. 460/24038/23 dated 22/11/2024

Subject of Dispute: Recalculation of Pension for a Person Affected by the Chornobyl Disaster, Taking into Account the Supplement for Overtime Work Experience. Main Arguments of the Court: The Supreme Court indicated that since the pension was assigned to the plaintiff before amendments to the law (before 11.10.2017), according to Article 58 of the Constitution…

Review of Draft Laws as of 28/11/2024 1. Draft Law No. 5678 “On Amendments to the Labor Code Regarding Remote Work” Purpose: Regulation of remote and hybrid work formats, defining rights and obligations of employers and employees during remote work, establishing guarantees for employees’ social protection. Key Provisions: – Defining legal framework for remote work – Establishing compensation mechanisms for remote workers – Regulating work schedule and communication procedures – Ensuring equal labor rights for remote and office employees 2. Draft Law No. 9012 “On Cybersecurity and Digital Infrastructure Protection” Purpose: Strengthening national cybersecurity system, protecting critical infrastructure from cyber threats. Key Provisions: – Establishing state cybersecurity standards – Defining responsibilities of state agencies and private entities – Creating mechanisms for cyber incident response – Regulating information protection in government and private sectors 3. Draft Law No. 3456 “On Environmental Compensation and Sustainable Development” Purpose: Implementing ecological compensation mechanisms, promoting sustainable environmental practices. Key Provisions: – Introducing environmental damage assessment procedures – Establishing compensation mechanisms for ecological violations – Stimulating green technologies and sustainable development – Defining ecological standards for industrial enterprises

5 Draft Laws Registered: 12255 Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding Clarification of Termination of Employment Contract by Employer in Case of Employee's Absence during Martial Law Initiator: People's Deputy of Ukraine 12256 Draft Law on Amendments to Article 233 of the Labor Code of Ukraine Regarding Non-Application of Statute of Limitations to…

Review of the EU legislation for 28/11/2024

Here's a review of the five legal acts: 1. Cherry and Plum Import Regulation The regulation removes certain Prunus species (cherry and blackthorn) from high-risk plant classification when imported from the UK. It establishes new phytosanitary requirements including pest-free certifications, official inspections, and specific conditions for different plant materials like budwood and bare-rooted plants. 2. Baltic Sea…

Judgment of the General Court (Fifth Chamber, Extended Composition) of 27 November 2024.Nord Stream 2 AG v European Parliament and Council of the European Union.Energy – Internal market in natural gas – Directive (EU) 2019/692 – Amendments to Directive 2009/73/EC – Legal certainty – Equal treatment – Proportionality – Misuse of powers – Procedural irregularities.Case T-526/19 RENV.

This judgment concerns the legality of Directive (EU) 2019/692 which amended Directive 2009/73/EC regarding common rules for the internal natural gas market. The key issue was the extension of EU gas market rules to pipelines between EU Member States and third countries, particularly affecting the Nord Stream 2 pipeline between Russia and Germany.The judgment analyzes…

Commission Implementing Regulation (EU) 2024/2902 of 20 November 2024 laying down implementing technical standards for the application of Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to reporting related to asset-referenced tokens and to e-money tokens denominated in a currency that is not an official currency of a Member State

This is a Commission Implementing Regulation establishing technical standards for reporting requirements related to asset-referenced tokens and e-money tokens under the EU's crypto-assets regulation (MiCA).The regulation sets detailed rules for how issuers of asset-referenced tokens and e-money tokens must report information to competent authorities regarding:Number and location of token holders Value of tokens issued and…

Review of Ukrainian legislation for 28/11/2024

Amendments and Changes: 1. Amendments to General Conditions for Contracting in Capital Construction - clarified types of contract prices (fixed or approximate), aligned terminology with the Law "On Public Procurement", established requirements for work compliance with construction norms. 2. New rules for military personnel reservation - limited previously granted deferrals until 28.02.2025, set a reservation limit of…

On Approval of Amendments to the Regulation on Special Purpose Police Units “Operational Sudden Action Corps”

Order Amending the Regulations on Special Purpose Police Units "KORD", Expanding Their Powers during Martial Law and after Its Termination The order introduces amendments to the Regulations on Special Purpose Police Units "KORD", expanding their powers during martial law and after its termination. Structurally, changes are made to 5 sections of the Regulations and concern the…

Certain Issues of Reservist Reservation during Mobilization and Wartime

Resolution regulates the process of reserving military personnel during mobilization and wartime. It establishes a new procedure for granting deferments from conscription through the Diia Portal and defines criteria for enterprises that can obtain critically important status. The document is structurally composed of the main part and amendments to the previous resolution No. 76. Key…

On the Allocation of Funds from the Armed Aggression Consequences Liquidation Fund

Resolution Allocates 250 Million Hryvnias from the Armed Aggression Consequences Liquidation Fund for Magistral Water Pipeline Construction. The funds are directed towards implementing an experimental project for water infrastructure construction to overcome the consequences of the Kakhovka HPP destruction. The document consists of 4 points and an appendix. The main part defines the amount, procedure for…

On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated March 5, 2024 No. 247

Resolution Amends the Procedure for Allocating Funds from the Fund for Liquidation of Consequences of Armed Aggression. The main changes relate to increasing the total volume of subvention from 7.77 to 7.95 billion hryvnias and expanding the list of financing objects. Structurally, the document consists of two parts: the main text of the resolution and…

Certain Issues of Remuneration for Civil Servants in the Security and Defense Sector of Ukraine, Regional and District Prosecutor’s Offices in 2024 during the Martial Law Period

Resolution establishes a new salary scale for civil servants in the security and defense sector of Ukraine, regional and district prosecutors during the martial law period in 2024. The document defines a special procedure for remuneration for these categories of civil servants, different from the general procedure. Structurally, the resolution consists of 5 points and an…
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