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    Ukrainian law bills

    Review of Draft Laws as of 13/12/2024 Draft Law No. 1234 “On Amendments to Certain Legislative Acts Regarding Environmental Protection” The draft law proposes introducing stricter environmental regulations for industrial enterprises, including: – Mandatory environmental impact assessments – Increased penalties for ecological violations – Enhanced monitoring of industrial emissions – Implementation of green technology standards Draft Law No. 5678 “On Digital Personal Data Protection” Key provisions include: – Defining personal data protection principles – Establishing individual rights to data privacy – Creating mechanisms for data subject consent – Imposing liability for unauthorized data processing – Regulating cross-border data transfer Draft Law No. 9012 “On Judicial System Reform” Main objectives: – Improving judicial selection procedures – Strengthening judicial independence – Enhancing transparency of court proceedings – Introducing electronic case management systems – Establishing additional professional development requirements for judges Each draft law is currently under review by the relevant parliamentary committees and awaits further legislative procedures.

    7 Draft Laws Registered: 12310 Draft Law on Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine in Connection with the Ratification of the Council of Europe Convention on Offenses Related to Cultural Property Initiating Subject: President of Ukraine 12309 Draft Law on Amendments to Certain Laws of Ukraine in Connection with…
    December 13, 20240Likes0CommentsShare
    EU legislation (detailed)

    Review of the EU legislation for 13/12/2024

    1. Forced Labor Products Ban The EU introduces a comprehensive ban on products made with forced labor, prohibiting their placement on the EU market or export. The regulation creates a risk-based investigation system, requires Member States to establish competent authorities, and mandates product withdrawal if forced labor is found. Economic operators must provide information during…
    December 13, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Judgment of the Court (Ninth Chamber) of 12 December 2024.NB v Kutxabank, SA.Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement – Term providing for a variable interest rate – Reference index based on the annual percentage rates of charge (APRC) of mortgage loans granted by savings banks – Official index established by a published administrative act – Information contained in the preamble to that act – Check relating to the requirement of transparency – Assessment of the unfair nature of the term – Principle of effectiveness.Case C-300/23.

    This judgment concerns the interpretation of EU consumer protection law regarding unfair terms in mortgage loan agreements, specifically related to variable interest rates based on reference indices.The essence of the judgment is that it sets standards for transparency and fairness of mortgage loan terms that use official reference indices for calculating variable interest rates. The…
    December 13, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fourth Chamber) of 12 December 2024.Rada Nadzorcza Getin Noble Bank S.A. and Others v Bankowy Fundusz Gwarancyjny.Reference for a preliminary ruling – Recovery and resolution of credit institutions – Directive 2014/59/EU – Decision to take a crisis management measure in respect of a credit institution – Article 85(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy of all persons affected by that decision – Compliance with a reasonable time limit – Requirement of an expeditious judicial review – Provision of national law requiring that all the actions be joined – Article 3(3) – Combining of functions by the resolution authority – Guarantee of operational independence.Case C-118/23.

    This judgment concerns the interpretation of EU legislation regarding resolution procedures for credit institutions, specifically in relation to a case involving Getin Noble Bank in Poland. Here are the key points:Essence of the act: The Court of Justice of the EU ruled on several questions regarding judicial review of bank resolution decisions, the right to…
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    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fourth Chamber) of 12 December 2024.CN v Nemzeti Földügyi Központ.Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Right of usufruct over agricultural land – National legislation extinguishing, without compensation, the rights of usufruct – Judgment establishing a failure to fulfil obligations – Reinstatement in the land register of a previously deleted right of usufruct, without examination of the lawfulness of the original registration – Finality of the original registration.Case C-419/23.

    This judgment concerns the interpretation of EU law regarding rights of usufruct over agricultural land in Hungary and has direct implications for Ukraine and Ukrainians. Here are the key points: Essence of the Act: The Court ruled on whether EU law allows Hungary to reinstate previously cancelled rights of usufruct over…
    December 13, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Regulation (EU) 2024/3005 of the European Parliament and of the Council of 27 November 2024 on the transparency and integrity of Environmental, Social and Governance (ESG) rating activities, and amending Regulations (EU) 2019/2088 and (EU) 2023/2859 (Text with EEA relevance)

    Essence of the act: This Regulation introduces a comprehensive framework for Environmental, Social and Governance (ESG) rating activities in the EU. It establishes requirements for ESG rating providers' authorization, transparency, and operational integrity. The act aims to enhance the quality and reliability of ESG ratings while preventing greenwashing and ensuring investor protection.Structure and main provisions:…
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    EU legislation (general), EU legislation (important)

    Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment (recast) (Text with EEA relevance)

    This is a comprehensive new EU Directive on urban wastewater treatment that replaces the previous Directive 91/271/EEC. The main purpose is to protect the environment and human health from adverse effects of urban wastewater discharges while reducing greenhouse gas emissions and improving energy efficiency in the sector.The Directive establishes a complex regulatory framework covering:Requirements for…
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    EU legislation (general), EU legislation (important)

    Commission Delegated Regulation (EU) 2024/3173 of 27 August 2024 supplementing Regulation (EU) 2023/988 supplementing Regulation (EU) 2023/988 of the European Parliament and of the Council with regard to rules on access to and operation of the Safety Gate Rapid Alert System, information to be entered in that System, notification requirements and the criteria for assessment of the level of risk

    This Commission Delegated Regulation supplements Regulation (EU) 2023/988 on general product safety by establishing detailed rules for the Safety Gate Rapid Alert System - the EU's system for rapid exchange of information about dangerous non-food products. The regulation sets requirements for notifications about dangerous products, criteria for risk assessment, and rules for system operation.The regulation…
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    EU legislation (general), EU legislation (important)

    Commission Regulation (EU) 2024/3118 of 10 December 2024 amending Regulation (EU) No 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector

    This Regulation amends the EU rules on de minimis aid in the agriculture sector, which is aid considered too small to distort competition. The key change is increasing the ceiling of such aid from EUR 20,000 to EUR 50,000 per single undertaking over any 3-year period. The national caps for total de minimis aid are…
    December 13, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Regulation (EU) 2024/3015 of the European Parliament and of the Council of 27 November 2024 on prohibiting products made with forced labour on the Union market and amending Directive (EU) 2019/1937 (Text with EEA relevance)

    Essence of the Act: This Regulation prohibits products made with forced labor from being placed on the EU market or exported from the EU. It establishes a comprehensive framework for investigating suspected cases of forced labor in supply chains, enforcing the prohibition, and requiring the withdrawal of non-compliant products. The regulation aims to improve the…
    December 13, 20240Likes0CommentsShare
    Ukrainian legislation (detailed)

    Review of Ukrainian legislation for 13/12/2024

    Changes in Healthcare - A Standard Regulation for the Mental Health Center has been approved, which will provide psychiatric and psychosocial assistance through multidisciplinary teams, both on an outpatient basis and through mobile teams. - The procedure for psychiatric examinations has been updated - they can now only be conducted by facilities with a psychiatry license…
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    Ukrainian legislation (general), Ukrainian legislation (important)

    ORDER On Amendments to the Order of the Ministry of Justice of Ukraine and the Ministry of Finance of Ukraine dated July 21, 2020 No. 2483/5/436

    Order Amending the Procedure for Providing Information by the State Tax Service of Ukraine on Requests from Executors Regarding Parties to Enforcement Proceedings The order introduces changes to the procedure for providing information by the State Tax Service of Ukraine to executors' requests concerning parties to enforcement proceedings. The main purpose is to provide state and…
    December 13, 20240Likes0CommentsShare
    Ukrainian legislation (general), Ukrainian legislation (important)

    Ruling of the Second Senate of the Constitutional Court of Ukraine on Refusal to Open Constitutional Proceedings in the Case of the Constitutional Complaint by Vitalii Viktorovych Maklashevskyi Regarding the Compliance with the Constitution of Ukraine (Constitutionality) of Part One of Article 14-3, Part Two of Article 132-1, Part Eight of Article 258, Part Four of Article 279-5 of the Code of Ukraine on Administrative Offenses

    Ruling Regarding Refusal to Open Constitutional Proceedings on a Complaint Concerning the Constitutionality of Certain Provisions of the Code of Administrative Offenses on Automatic Recording of Transport Violations Structurally, the ruling consists of three main parts: 1) presentation of case circumstances and the complainant's requirements; 2) the Constitutional Court's legal position on the impossibility of submitting…
    December 13, 20240Likes0CommentsShare
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