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    Court practice (Ukraine)

    Review of Ukrainian Supreme Court’s decisions for 29/11/2024

    Case No. 908/3077/21(908/939/23) dated 05/11/2024 The cassation instance court established that the courts of previous instances did not properly investigate the circumstances regarding the legality of notarial actions performed by a private notary outside of their office, did not assess the existence of criminal proceedings against the notary for fraud-related articles, and did not take into…
    November 29, 20240Likes0CommentsShare
    Ukrainian law bills

    Review of Draft Laws as of 29/11/2024 1. Draft Law on Amendments to the Tax Code of Ukraine Regarding Taxation of Digital Assets The draft law proposes introducing a comprehensive framework for taxation of cryptocurrencies, digital tokens, and other blockchain-based financial instruments. Key provisions include: – Establishing clear definitions for digital assets – Defining tax rates for income from digital asset transactions – Creating reporting mechanisms for digital asset holders – Implementing mechanisms for tracking and verifying digital asset transactions 2. Draft Law on Cybersecurity and Critical Infrastructure Protection Main objectives of the draft law: – Enhancing national cybersecurity standards – Defining critical infrastructure sectors – Establishing mandatory cybersecurity requirements for government and private entities – Creating a unified system for cyber incident response – Introducing liability for cybersecurity violations 3. Draft Law on Amendments to Labor Legislation Regarding Remote Work Proposed changes include: – Legal framework for permanent remote work – Regulation of employee rights and employer obligations in remote work arrangements – Compensation mechanisms for remote workers – Establishing guidelines for performance evaluation and communication – Defining technological and security requirements for remote work 4. Environmental Regulation Draft Law on Renewable Energy Development Key provisions: – Increasing renewable energy quota – Introducing additional tax incentives for green energy projects – Establishing mechanisms for supporting renewable energy investments – Creating a transparent system for green energy certificates – Defining long-term national renewable energy strategy

    9 Draft Laws Registered: 12206-2 Draft Law on Amendments to the Law of Ukraine "On Judicial System and Status of Judges" and Certain Legislative Acts of Ukraine Regarding the Activities of the High Administrative Court Initiator: People's Deputy of Ukraine 12261 Draft Law on Amendments to the Law of Ukraine "On Execution of Judgments and Application of the…
    November 29, 20240Likes0CommentsShare
    EU legislation (detailed)

    Review of the EU legislation for 29/11/2024

    Let me provide a comprehensive review of these legal acts: Regulations: A regulation modifying organic import controls introduces flexible sampling rates instead of mandatory 100% checks for high-risk products from third countries, while maintaining documentation requirements. A technical correction to REACH Regulation's French version fixes concentration levels for certain substances in Annex XVII entries 68 and…
    November 29, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fifth Chamber) of 28 November 2024.ENGIE Deutschland GmbH v Landesregulierungsbehörde beim Sächsischen Staatsministerium für Wirtschaft, Arbeit und Verkehr.Reference for a preliminary ruling – Internal market for electricity – Directive (EU) 2019/944 – Points 28 and 29 of Article 2 – Concept of ‘distribution’ – Concept of ‘distribution system operator’ – Concept of ‘distribution system’ – Articles 30 to 39 – Distribution system operation – Undertaking operating an energy facility comprising a combined heat and power plant and an electric wiring system, supplying heat, hot water and electricity to the tenants of a residential complex – Simultaneous sale of the electricity generated – National legislation exempting the operator of such a facility from the obligations of distribution system operators under that directive.Case C-293/23.

    This judgment concerns the interpretation of EU electricity market rules, specifically regarding the concept of electricity distribution systems and their operators. The Court analyzes whether an energy facility that supplies electricity to residential buildings can be excluded from being classified as a distribution system under EU law. The key elements examined are the definition of…
    November 29, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fifth Chamber) of 28 November 2024.Ministerstvo na vatreshnite raboti, Glavna direktsia za borba s organiziranata prestapnost v V.S.Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 4(1)(a) to (c) – Article 8(1) and (2) – Article 10 – Accused person – Police record containing biometric and genetic data – Enforcement – Objectives of prevention and detection of criminal offences – Interpretation of the judgment of 26 January 2023, Ministerstvo na vatreshnite raboti (Recording of biometric and genetic data by the police) (C‑205/21, EU:C:2023:49) – Obligation to interpret national law in conformity with EU law – Assessment of whether it is ‘strictly necessary’ for the competent authorities to process sensitive data – Role of the competent authorities.Case C-80/23.

    This judgment concerns the interpretation of EU data protection rules regarding collection of biometric and genetic data by police authorities. The key points are:1. The case deals with whether police can systematically collect biometric and genetic data (fingerprints, photos, DNA) from accused persons and enter it into police records without demonstrating strict necessity.2. The Court…
    November 29, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Judgment of the Court (Third Chamber) of 28 November 2024.Nemzeti Adatvédelmi és Információszabadság Hatóság v UC.Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data and the free movement of such data – Regulation (EU) 2016/679 – Data processed when drawing up a COVID-19 certificate – Data not collected from the data subject – Information to be provided – Exception to the obligation to provide information – Article 14(5)(c) – Data generated by the controller in the context of its own processes – Right to complain – Competence of the supervisory authority – Article 77(1) – Appropriate measures to protect the data subject’s legitimate interests provided for by the Member State law to which the controller is subject – Measures relating to the security of data processing – Article 32.Case C-169/23.

    This judgment concerns the interpretation of the EU General Data Protection Regulation (GDPR) regarding the processing of personal data when issuing COVID-19 immunity certificates.The key points of the judgment are:1. The exception to the controller's obligation to provide information to data subjects (under Article 14(5)(c) GDPR) applies to all personal data not collected directly from…
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    EU legislation (general), EU legislation (important)

    Judgment of the Court (Third Chamber) of 28 November 2024.PT v Spetsializirana prokuratura.Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime – Possibility to reduce applicable penalties – Scope – Framework Decision 2004/757/JHA – Articles 4 and 5 – Framework Decision 2008/841/JHA – Articles 3 and 4 – National legislation not implementing EU law – Article 51(1) of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Second subparagraph of Article 19(1) TEU – Criminal proceedings against several persons – Agreement for settlement of the case provided for in national law – Approval by an ad hoc court – Consent of the other defendants.Case C-432/22.

    This judgment concerns the interpretation of EU law regarding criminal proceedings and plea agreements in cases involving multiple defendants. The key points are:1. The case deals with criminal proceedings in Bulgaria where one defendant wanted to enter into a plea agreement during trial, but national law required consent from all other co-defendants and review by…
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    EU legislation (general), EU legislation (important)

    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 about token holders, transactions, and reserve assets to competent authorities. It includes specific requirements…
    November 29, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Commission Delegated Regulation (EU) 2024/2975 of 25 September 2024 amending Delegated Regulations (EU) 2021/1698 and (EU) 2021/2306 as regards the import into the Union of high-risk organic and in-conversion products

    This Regulation amends the EU rules regarding the control of high-risk organic and in-conversion products imported from third countries. It introduces more flexible control mechanisms for high-risk products by allowing different sampling percentages instead of mandatory 100% checks. The regulation modifies two previous regulations: (EU) 2021/1698 and (EU) 2021/2306, which deal with controls on operators…
    November 29, 20240Likes0CommentsShare
    Ukrainian legislation (detailed)

    Review of Ukrainian legislation for 29/11/2024

    International Agreements: - The agreement between Ukraine and Moldova on mutual recognition of education documents dated 18.05.2001 has been terminated. - Vice Prime Minister O. Kuleba has been authorized to sign amendments to the financial agreement with the EIB regarding road safety. - A delegation has been created for negotiations with Moldova on a new social security agreement. Social…
    November 29, 20240Likes0CommentsShare
    Ukrainian legislation (general), Ukrainian legislation (important)

    On Approval of the Procedure for Electronic Information Interaction between the Central Securities Depository and the State Tax Service of Ukraine

    The Order establishes the mechanism of electronic interaction between the Central Securities Depository and the State Tax Service of Ukraine regarding the accounting of shares in limited and additional liability companies. The interaction is carried out through the "Trembita" system or other protected information systems. The Procedure consists of 12 points that define: subjects of…
    November 29, 20240Likes0CommentsShare
    Ukrainian legislation (general), Ukrainian legislation (important)

    Decree on Approval of the Action Plan for Implementation of the Maritime Security Strategy of Ukraine The Cabinet of Ministers of Ukraine hereby RESOLVES: 1. Approve the Action Plan for Implementation of the Maritime Security Strategy of Ukraine (attached). 2. The ministries and central executive bodies specified in the Action Plan shall: – Ensure timely and full implementation of the planned measures – Provide quarterly reports on the progress of implementation to the Ministry of Infrastructure – Develop and submit proposals for updating the Action Plan as necessary 3. The Ministry of Infrastructure shall: – Coordinate the implementation of the Action Plan – Generalize and analyze the reports from responsible executors – Prepare and submit annual summary reports to the Cabinet of Ministers of Ukraine 4. This Resolution shall enter into force from the date of its publication. Prime Minister of Ukraine [Signature]

    The order approves the action plan for implementing the Maritime Security Strategy of Ukraine and establishes the mechanism for its implementation and reporting. Structurally, the document consists of two parts: 1) the order itself with three points regarding the approval of the plan, its financing, and reporting; 2) the action plan attached. Key provisions: • Implementation…
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    Ukrainian legislation (general), Ukrainian legislation (important)

    Amendment to the Regulation on Specifics of Electricity Import under the Legal Regime of Martial Law in Ukraine

    Resolution amends the Regulation on Specifics of Electricity Import under Martial Law, reducing mandatory procurement shares from 80% to 60%. Structurally, the document consists of two points that introduce changes to subparagraph 1 of paragraph 6 and paragraph 9 of the basic Regulation. Both points relate to reducing percentage indicators from 80% to 60%. Key provision:…
    November 29, 20240Likes0CommentsShare
    Lexcovery
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