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Review of Ukrainian legislation for 17/12/2024

European Court of Human Rights Judgment in the Case of "Kazachynska v. Ukraine" The ECHR found a violation of the applicant's rights due to illegal 13-day detention in a psychiatric hospital and forced treatment with neuroleptics without medical necessity. The Court also established the lack of an effective investigation of complaints at the national level. The…

On Amendments to the Procedure for Maintaining and the Form of the Register of Applications for Installment, Deferral of Monetary Obligations or Tax Debt

Order Amending the Procedure for Maintaining the Register of Applications for Tax Obligation and Debt Deferral and Installment Payment. This is an important document related to tax administration and interaction between taxpayers and tax authorities. Structurally, the document consists of two main parts: a new version of the Register of Applications Maintenance Procedure and an updated…

Order on Amendments to the Order of the Ministry of Finance of Ukraine dated October 17, 2024 No. 513

The order introduces technical amendments to the Procedure for Maintaining the Register of Applications for Installment Payment, Deferral of Monetary Obligations or Tax Debt and the form of the Register itself. Structurally, the order consists of two main blocks of changes: the first relates to the textual part of the Procedure, the second to the…

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…

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…

Review of US courts opinions for 15/12/2024

Mondzali Bopaka v. Garland / 21-01384 (2024-12-13) Analysis of U.S. Court of Appeals Opinion in Case 21-1384 This opinion addresses the consolidated petitions for review filed by Chrisma Felin Mondzali Bopaka, who sought asylum and related protections after entering the United States from the Republic of the Congo. The court ultimately denied Bopaka's petitions, affirming…
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