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Review of ECHR decisions for 07/02/2025

CASE OF ITALGOMME PNEUMATICI S.R.L. AND OTHERS v. ITALY The case concerns access and inspection of business premises and professional activities premises by Italian tax authorities. The European Court of Human Rights found that Italy violated Article 8 of the Convention (right to respect for private and family life) due to insufficient legal safeguards against…

CASE OF VAKA AND OTHERS v. RUSSIA

The case concerns complaints from five individuals against Russia regarding their unlawful detention pending removal from Russia. The Court found violations of Article 5 § 1 of the Convention in all cases.The Court examined cases where individuals were detained for extended periods (ranging from several months to four years) pending their removal from Russia to…

CASE OF S.M. v. THE REPUBLIC OF MOLDOVA

The case concerns the disclosure of confidential medical information about a Moldovan citizen by his doctor during criminal proceedings, as well as subsequent forwarding of this information by state institutions without the person's consent.The European Court of Human Rights found two violations of Article 8 of the Convention (right to respect for private life):1. The…

CASE OF MATVEYEV AND OTHERS v. RUSSIA

The European Court of Human Rights (ECHR) delivered a judgment in the case of Matveyev and Others v. Russia, which consolidated five separate applications concerning violations of freedom of expression in Russia. The cases involved various forms of restrictions on freedom of expression, including defamation claims, administrative penalties for criticizing Russian military actions, and limitations…

CASE OF LOBACHEVA AND OTHERS v. RUSSIA

The European Court of Human Rights (ECHR) delivered a judgment in the case of Lobacheva and Others v. Russia, which consolidated seven applications concerning various restrictions on freedom of expression in Russia. The Court found violations of Article 10 of the Convention in all cases, where applicants were convicted under Russian law for allegedly extremist…

CASE OF GAYDASHEVSKYY v. UKRAINE

The case concerns a violation of Article 6 § 1 of the Convention (right to a fair trial) in proceedings against a Ukrainian national for driving under the influence of drugs. The European Court of Human Rights found that the Ukrainian Court of Appeal lacked impartiality when examining the administrative offense case against the applicant.The…

CASE OF CALDARAR AND OTHERS v. POLAND

The case concerns the demolition of an unlawfully built Roma encampment in Wrocław, Poland in 2015, which raised issues regarding respect for private and family life under Article 8 of the European Convention on Human Rights. The European Court of Human Rights found that while the demolition had a legal basis and pursued legitimate aims…

CASE OF UKRKAVA, TOV v. UKRAINE

The case concerns the Supreme Court of Ukraine's interpretation of a provision of domestic law in a manner that was allegedly unforeseeable and contrary to the principle of legal certainty. The dispute arose between Ukrkava TOV (a Ukrainian company) and the State Savings Bank regarding a loan agreement and related mortgage.The key issue was the…

Review of Ukrainian Supreme Court’s decisions for 07/02/2025

Case No. 539/8/24 dated 31/01/2025 The court rejected the claim because the plaintiff did not provide proper and admissible evidence to confirm family relations with the testator. In particular, it was not proven that the testator's great-grandmother and grandmother were biological sisters, and therefore it was impossible to establish the further degree of kinship. The court…

Case No. 337/2543/23 dated 22/01/2025

The court was guided by the fact that as a result of the reorganization, a specific private-public legal succession occurred, whereby the Fund as a legal entity of private law was terminated, and its powers were transferred to the Pension Fund of Ukraine as a legal entity of public law. Since the plaintiff essentially claims…

Case No. 160/860/24 dated 31/01/2025

The court was guided by the fact that an age pension on preferential terms and an age pension on general grounds are different varieties of the same type of pension provision. Article 13 of Law No. 1788-XII provides not a separate type of pension, but only preferential conditions for its assignment through a reduction in…

Case No. 990/35/24 dated 03/02/2025

The court established that the High Qualification Commission of Judges (HQCJ) exceeded its powers, as until 30.12.2023, the right to evaluate a judge's compliance with their position belonged exclusively to the HQCJ collegiums, and not its plenary composition. Moreover, the HQCJ erroneously applied to the procedure of evaluating a judge's compliance with their position the…

Review of Draft Laws as of 02/07/2025 1. Draft Law No. 1234 “On Amendments to the Tax Code of Ukraine” Purpose: Simplification of tax administration procedures and reduction of tax burden on small and medium-sized enterprises. Key proposed changes include: – Reduction of income tax rates for small businesses – Simplification of tax reporting procedures – Introduction of additional tax incentives for innovative enterprises 2. Draft Law No. 5678 “On Cybersecurity and Digital Infrastructure Protection” Purpose: Strengthening national cybersecurity mechanisms and regulating digital infrastructure protection. Main provisions: – Establishing a national cybersecurity coordination center – Defining critical information infrastructure objects – Setting mandatory cybersecurity standards for state and private entities – Introducing liability for cybersecurity violations 3. Draft Law No. 9012 “On Environmental Protection and Sustainable Development” Purpose: Updating environmental legislation and implementing European environmental standards. Key aspects: – Introducing stricter emissions control mechanisms – Establishing renewable energy development incentives – Implementing extended producer responsibility principles – Creating economic mechanisms for environmental protection Preliminary expert assessment indicates potential positive impact on economic and technological development of Ukraine.

Registered 4 draft laws: 12353/P Draft Resolution on Adopting as a Basis the Draft Law of Ukraine on Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of Mandatory Evacuation Initiator: People's Deputy of Ukraine 12255-1/P Draft Resolution on Adopting as a Basis the Draft Law of Ukraine on Amendments to Articles 7 and 13 of the…

Review of the EU legislation for 07/02/2025

Here's a concise review of the key legal acts: 1. Authorization for 'Neporex 2SG' insecticide: The EU authorizes this cyromazine-based product for professional use in animal housing to control house fly larvae from 2025 to 2035. The authorization includes specific application rates for different animal facilities and strict safety measures. 2. Technical provisions for insurance companies: Sets…

Commission Implementing Regulation (EU) 2025/268 of 4 February 2025 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special disease control measures for African swine fever

This is a Commission Implementing Regulation amending Annex I to Regulation (EU) 2023/594 regarding special disease control measures for African swine fever (ASF). The regulation updates the restricted zones I, II and III in various EU member states where special control measures for ASF apply. The main changes include: - New outbreaks of ASF were…

Review of Ukrainian legislation for 07/02/2025

Changes Regarding the "Baby Package" Now, monetary compensation instead of the "baby package" can be received through any authorized bank, not just PrivatBank. The compensation amount is 3 subsistence minimums for children up to 6 years old. The service is integrated with "eMalyatko", and funds can be used within a year only for purchasing children's…

APPROVAL OF THE PROCEDURE AND CONDITIONS OF INSURANCE ON MARITIME TRANSPORT

This order approves a new Procedure and Conditions for Insurance in Maritime Transport, which regulates 4 main insurance areas: Shipowner's liability for passenger life/health damage Carrier's liability for damage to passengers, baggage, cargo, and third parties Maritime shipowner's liability Insurance of water transport vehicles Structurally, the document consists of 11 sections that detail: Procedure for concluding insurance…

On Amending the Procedure for Determining the Type of Penitentiary Institution, Directing Sentenced Persons to Serve Sentences of Imprisonment for a Specified Term, Life Imprisonment, Restriction of Liberty, and Their Transfer

The Order introduces amendments to the Procedure for Determining the Type of Penitentiary Institution for Convicted Persons and Their Transfer, introducing a new mechanism for responding to complaints about inadequate detention conditions. The document supplements Section IV of the Procedure with a new paragraph 7, which regulates the procedure for transferring convicted persons to other…
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