Jonathan Loggins v. Ronny Albert, et al / 24-01545 (2024-12-11)
Analysis of Court Opinion: Loggins v. Albert
Analysis of Court Opinion: Loggins v. Albert
The United States Court of Appeals for the Eighth Circuit has issued an opinion regarding the case of Jonathan Loggins v. Ronny Albert, et al. In this decision, the court has rendered…
HR 82 / Social Security Fairness Act of 2023
Here's the analysis of the Social Security Fairness Act of 2023:
1. Essence of the Bill:
The bill aims to eliminate two provisions from the Social Security Act that currently reduce Social Security benefits for certain government employees and their survivors. It specifically repeals the Government Pension Offset…
CASE OF RIBÁR v. SLOVAKIA
CASE OF HASMIK KHACHATRYAN v. ARMENIA
This is a significant ECHR decision concerning domestic violence in Armenia. The key aspects are: Essence of the decision: The Court found Armenia violated Article 3 of the Convention (prohibition of torture and inhuman treatment) due to its failure to…
The European Court of Human Rights (ECHR) delivered a judgment concerning five applications against Ukraine regarding excessive length of criminal proceedings and lack of effective remedies. The Court found violations of Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention in all cases.The Court…
This judgment concerns multiple applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The Court joined six applications due to their similar subject matter, examining complaints under Articles 3 and 13 of the Convention.The Court found violations regarding poor detention conditions in the Kyiv Pre-Trial Detention Facility, where applicants were held…
The European Court of Human Rights (ECHR) delivered a judgment concerning nine applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The case involves multiple applicants who were detained in various Ukrainian detention facilities, including pre-trial detention centers in Kharkiv and Kropyvnytskyy, and the Zamkova Detention Facility.The Court found violations of…
This judgment concerns seven applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The European Court of Human Rights (ECHR) found violations of Articles 3 and 13 of the Convention in all cases.The Court examined complaints from seven applicants who were detained in the Zhytomyr Detention Facility under poor conditions. The…
The European Court of Human Rights (ECHR) delivered a judgment in the case of Bondarenko and Others v. Ukraine, concerning seven applications filed by Ukrainian citizens regarding inadequate conditions of detention in the Kryvyi Rih Detention Facility and the lack of effective remedies to address these issues. The Court found violations of Articles 3 and…
The European Court of Human Rights (ECHR) delivered a judgment in the case of Didyk and Others v. Ukraine, which consolidated nine applications concerning inadequate detention conditions in Ukrainian detention facilities, particularly in the Zhytomyr Detention Facility.The Court found violations of Articles 3 (prohibition of inhuman or degrading treatment) and 13 (right to an effective…
The European Court of Human Rights (ECHR) delivered a judgment concerning 11 applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The case primarily deals with violations of Articles 3 and 13 of the Convention.The Court found that all applicants were kept in detention in poor conditions in the Vinnytsia Detention…
This judgment concerns multiple applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The Court examined ten applications jointly due to their similar subject matter. The Court found violations of Articles 3 and 13 of the Convention concerning poor detention conditions in Ukrainian facilities, particularly in the Dnipro Detention Facility. The…
The case concerns complaints by two Ukrainian citizens, Kateryna Nychyporenko and Svitlana Demidova, regarding ineffective investigations into cases of ill-treatment inflicted by private individuals. Both applicants suffered physical injuries from assaults by their neighbors, and both cases demonstrated significant failures in the investigation and judicial processes.The Court found violations of Article 3 of the Convention…
The European Court of Human Rights (ECHR) delivered a judgment in the case of Goshovskyy and Others v. Ukraine, which consolidated 10 different applications concerning excessive length of civil proceedings in Ukraine and lack of effective remedies for this issue.The Court found violations of Article 6 § 1 (right to a fair trial) and Article…
The European Court of Human Rights (ECHR) delivered a judgment concerning three Ukrainian citizens who complained about disproportionate sanctions in customs cases. The applicants were fined and had their undeclared cash confiscated at Ukrainian border crossings for exceeding permitted limits without declaration.The Court found that there was a violation of Article 1 of Protocol No.…
The case concerns the invalidation of a Ukrainian company's title to a property (café) in Odesa, which was built without proper authorization on municipal land. The European Court of Human Rights found a violation of Article 1 of Protocol No. 1 to the Convention (protection of property).The Court established that while the café was an…
The decision concerns three main issues related to the treatment of a prisoner in Slovakia: 1. The systematic practice of thorough strip searches (TSS) of the prisoner, which the Court found to be degrading treatment in violation of Article 3 of the Convention. The Court emphasized that the searches were carried out routinely without convincing…
This is a significant ECHR decision concerning domestic violence in Armenia. The key aspects are: Essence of the decision: The Court found Armenia violated Article 3 of the Convention (prohibition of torture and inhuman treatment) due to its failure to protect a domestic violence victim and provide adequate legal remedies. The…
Case No. 689/1249/22 dated 03/12/2024
Subject of the dispute - termination of a land lease agreement due to the transfer of ownership to an heir. The court was guided by the following: 1) the lease agreement conditions provided for the possibility of termination upon transfer of land ownership to another person; 2) the new owner (heir)…
Subject of the dispute - recalculation of pension for a former prosecutor and determination of its amount. The court was guided by the fact that after the new Law "On Prosecution" No. 1697-VII came into force, the pension should be recalculated at 60% of salary (instead of 70% as previously) and that such pensions are…
Subject of the Dispute: Termination of Land Lease Agreements and Their Return Due to Systematic Non-Payment of Rent by the Lessee.
The Court was guided by the following main arguments:
1. Paragraph "d" of Part One of Article 141 of the Land Code of Ukraine provides an independent and sufficient ground for terminating a land lease agreement…
