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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 protect a domestic violence victim and provide adequate legal remedies. The…

Review of Ukrainian Supreme Court’s decisions for 13/12/2024

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)…

Case No. 580/5503/20 dated 09/12/2024

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…

Case No. 918/391/23 dated 20/11/2024

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…

Case No. 440/6856/22 dated 06/12/2024

Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal from the Poltava City Council in Favor of the Former Village Head. The Court noted that with the adoption of Law No. 2352-IX dated 19.07.2022, amendments were made to Article 117 of the Labor Code, which limited the period of…

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…

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…

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:…

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…

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…

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…

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…

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…

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…

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…

Review of US courts opinions for 12/12/2024

James C. Parnell v. Heather Owens, et al / 24-01327 (2024-12-10) Essence of the Opinion The opinion issued by the United States Court of Appeals for the Eighth Circuit pertains to the case of James C. Parnell v. Heather Owens, et al. It outlines the court's judgment and provides the necessary instructions regarding post-submission procedures…

Review of US law bills for 12/12/2024

S 4024 / Better Enabling Secure and Trustworthy Technology for the Homeland Act Here's the analysis of the BEST Technology for the Homeland Act: 1. Essence of the Bill: The bill amends the Homeland Security Act of 2002 to extend the Department of Homeland Security's other transaction contracting authority for research and development until September 30, 2027.…
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