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Review of Draft Laws from 09/12/2024 – 16/12/2024

Registered 38 draft laws: 12316 Draft Law on Amendments to Article 28 of the Law of Ukraine "On the Legal Regime of Martial Law" Regarding Limitation of Wages for Certain Categories of Persons during Martial Law Initiator: People's Deputy of Ukraine 11180-1/P Draft Resolution on Rejection of the Draft Law of Ukraine on Amendments to the Civil Code…

Review of the EU legislation for 09/12/2024 – 16/12/2024

Baltic Sea Fishing Measures Two complementary regulations establish detailed technical requirements for fishing gear to reduce cod bycatch in the Baltic Sea. Three approved gear configurations are introduced: Roofless selection device with standard gear, modified T90 codend (125mm mesh), and square mesh codend. The measures aim to reduce cod bycatch by 55% and will apply…

Review of Ukrainian legislation for 09/12/2024 – 16/12/2024

Based on the Provided Texts, Here Are the Key Legislative Changes for the Recent Period: 1. Agricultural Support: - A support mechanism has been introduced for freshwater fish producers in de-occupied territories - up to 30% of expenses for cultivation/acquisition of fish stocking material - Amendments have been made to the procedure for supporting farming enterprises starting from…

Review of Ukrainian Supreme Court’s decisions for 16/12/2024

Case No. 686/19871/22 dated 05/12/2024 The court was guided by the fact that the appellate court incorrectly credited the period of the defendant's detention from another criminal proceeding (18.03.2020-27.01.2022) to the term of punishment. This period had already been taken into account when rendering the previous judgment on 02.11.2022. According to Part 5 of Article 72…

Case No. 480/6738/24 dated 12/12/2024

The Court of Cassation Instance considered the issue of the lawfulness of returning an appellate complaint due to the alleged lack of authority of the tax authority's representative. The Supreme Court pointed out that the existence of limitations on a representative's powers (for example, regarding the right to withdraw a claim) does not deprive them…

Case No. 640/14829/21 dated 11/12/2024

Subject of the Dispute: Challenging a Tax Notification-Decision Reducing the Negative VAT Amount by 415,558 UAH. The court in rendering its decision was guided by the fact that disputes concerning the challenge of tax notification-decisions must be considered under administrative, rather than commercial court proceedings, even if bankruptcy proceedings have been initiated against the taxpayer. The…

Case No. 520/3473/2020 dated 11/12/2024

Subject of Dispute: Possibility of Appealing a Court Order Refusing to Satisfy a Motion for Enforcement of a Court Decision. The court was guided by the following arguments: 1) the right to appeal is a constitutional right that cannot be limited by law; 2) the impossibility of appealing an order refusing to satisfy a motion violates…

Case No. 947/12873/23 dated 05/12/2024

Subject of the dispute - appealing the appellate court's verdict regarding the conviction of a person for stealing a cable worth 646.80 hryvnias and damaging a telecommunications network. The court was guided by the fact that after the commission of the crime, a new law came into force that decriminalized theft of property worth up…

Review of the EU legislation for 16/12/2024

Anti-dumping Duties on Indian Optical Fiber Cables The EU has imposed anti-dumping duties ranging from 6.9% to 11.4% on optical fiber cables imported from India, except for the HFCL Group. The measure requires valid commercial invoices and mandatory reporting of cable-km measurements for imports. Maritime Flag State Requirements Update The EU has updated requirements for maritime…

Directive (EU) 2024/3101 of the European Parliament and of the Council of 27 November 2024 amending Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements (Text with EEA relevance)

This Directive amends Directive 2005/35/EC on ship-source pollution and introduces a comprehensive system of administrative penalties for pollution offences from ships. The act aims to incorporate international standards on pollution from ships into EU law and ensure effective penalties for illegal discharges of polluting substances.The Directive expands the scope of regulated polluting substances to include…

Directive (EU) 2024/3099 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/16/EC on port State control (Text with EEA relevance)

The Directive 2024/3099 amends the existing EU port State control system established by Directive 2009/16/EC. Here are the key aspects:The Directive updates and modernizes the port State control system in the EU by incorporating new international conventions, improving ship risk assessment methods, and enhancing inspection procedures. It aims to ensure ships calling at EU ports…
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