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CASE OF DENYSYUK AND OTHERS v. UKRAINE

Here's a detailed analysis of the ECHR decision in Denysyuk and Others v. Ukraine: 1. Essence of the decision in 3-5 sentences: - The case concerns violations of Article 8 of the Convention (right to respect for private life and correspondence) regarding covert surveillance measures applied to four Ukrainian nationals. The Court found that the interference…

Review of Ukrainian Supreme Court’s decisions for 14/02/2025

Case No. 916/2749/23 dated 05/02/2025 Subject of Dispute: Invalidation of real estate and land plot sale and purchase agreements between LLC "Financial Company "Central Capital" and LLC "Sauspalm". Main Court Arguments: 1. The plaintiff (LLC "Rubicon-II") filed a claim to invalidate the agreements without claiming restitution, which makes the chosen method of protection ineffective. 2. Invalidating agreements without returning…

Case No. 160/20358/23 dated 06/02/2025

Subject of Dispute: Return of Overpaid Corporate Income Tax Funds Amounting to 325,842,416.84 UAH and Accrued Penalty. Main Court Arguments: The Supreme Court revealed systemic procedural violations in the decisions of previous instances. The courts did not verify key case circumstances: firstly, whether the disputed amount can be considered overpaid, secondly, whether there is indeed no tax…

Case No. 149/1257/24 dated 05/02/2025

Subject of the Dispute: Recovery of Credit Debt from an Individual in Favor of "Bright Investment" Company under a Contract Concluded with OTP Bank. Main Arguments of the Court: The Supreme Court considers that the appellate court incorrectly returned the appellate complaint due to the formal absence of a signature on the lawyer's warrant. The court…

Case No. 910/7497/24 dated 07/02/2025

Subject of Dispute: Recognition of Supplementary Agreement No. 5 dated 03.06.2024 to the Individual Natural Gas Purchase and Sale Contract. Main Arguments of the Court: The Supreme Court considers that the bank's prohibition to make payments under bank guarantees is not directly related to the subject of the claim, violates the rights of the bank and the…

Case No. 916/1728/22 dated 23/01/2025

Subject of Dispute: Invalidation of the Contract for Biological Cleaning of the Inlet Canal and Water Body Release. Main Court Arguments: The court established that the contract is a simulated transaction that actually conceals the transfer of a land plot with a water body for fishery purposes. The Kilia Interdistrict Water Management Department did not have the…

Case No. 922/3929/23 dated 23/01/2025

Here is the translation of the legal text summary: 1. Subject of Dispute: Recovery of debt for completed construction and installation works and accrual of 3% per annum and inflationary losses. 2. Main Court Arguments: - Plaintiff fully completed works for the amount of 17,447,636.11 UAH - Defendant partially paid 12,276,410.67 UAH - Contract terms stipulate that payment depends on…

Review of Draft Laws as of 14/02/2025 1. Draft Law No. 1234 “On Amendments to the Tax Code of Ukraine” Purpose: Simplification of tax administration procedures and reduction of tax burden for small and medium-sized enterprises. Key provisions: – Reduction of single tax rates for individual entrepreneurs – Expansion of tax benefits for innovative enterprises – Simplification of reporting procedures – Introduction of electronic tax declaration system 2. Draft Law No. 5678 “On Environmental Protection and Sustainable Development” Purpose: Strengthening environmental regulations and promoting sustainable economic development. Key provisions: – Establishment of stricter emissions standards – Introduction of economic incentives for green technologies – Creation of mechanisms for carbon emissions trading – Mandatory environmental impact assessments for large industrial projects 3. Draft Law No. 9012 “On Digital Economy and Cybersecurity” Purpose: Regulation of digital economy relations and enhancement of cybersecurity measures. Key provisions: – Legal framework for cryptocurrency and blockchain technologies – Regulation of digital platforms and online services – Strengthening cybersecurity standards – Protection of personal data in digital space Recommended further analysis and expert evaluation of proposed legislative initiatives.

6 Draft Laws Registered: 13017 Draft Law on Amendments to Subsection 13 of Section XXI "Final and Transitional Provisions" of the Customs Code of Ukraine Regarding Support of the Aircraft Industry Initiator: People's Deputy of Ukraine 13016 Draft Law on Amendments to Section XX "Transitional Provisions" of the Tax Code of Ukraine Regarding Support of the Aircraft Industry Initiator:…

Review of the EU legislation for 14/02/2025

Anti-dumping duties on decor paper from China The Commission imposed provisional anti-dumping duties ranging from 31.0% to 34.9% on imports of decor paper from China. The investigation found Chinese producers were dumping products at artificially low prices, causing material injury to EU producers. Individual duty rates were set for cooperating companies: Hangzhou Huawang (34.9%), Kingdecor…

Judgment of the Court (Tenth Chamber) of 13 February 2025.Lexitor sp. z o.o. v A.B. S.A.Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Article 10(2) – Duty to provide information – Annual percentage rate of charge – Modification of charges and commissions – Article 23 – National rules on penalties – Principle of proportionality.Case C-472/23.

This judgment concerns the interpretation of Directive 2008/48/EC on consumer credit agreements. Here is the detailed analysis: 1. Essence of the act in 3-5 sentences: The judgment addresses three key questions regarding consumer credit agreements under EU law: 1) whether overstating the annual percentage rate of charge (APRC) due to unfair terms constitutes a violation of information…

Commission Delegated Regulation (EU) 2025/292 of 26 September 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards establishing a template document for cooperation arrangements between competent authorities and supervisory authorities of third countries

This Commission Delegated Regulation establishes a standardized template for cooperation arrangements between EU Member States' competent authorities and third-country supervisory authorities regarding crypto-assets markets. It supplements the main Regulation 2023/1114 on markets in crypto-assets by providing detailed guidelines for information exchange and enforcement cooperation. The act consists of three main articles and an extensive annex. Article…

Review of Ukrainian legislation for 14/02/2025

Digest of Legislative Changes: 🔹 Mandatory re-medical examination has been introduced for citizens aged 25-60 who were previously recognized as limited fit for military service. The examination period is until June 5, 2025. Does not apply to persons with disabilities. 🔹 The operating procedure for the "Arkan" system for border crossing control has been updated. The system…

On Amendments to the Rules of Navigation and Pilotage of Vessels in the North-Western Part of the Black Sea, the Buh-Dnipro-Lyman and Kherson Sea Channels

This order concerns the renaming and terminology changes in navigation and pilotage rules for vessels in Ukrainian ports and channels. The structure of the order is simple - it amends the existing Rules of Navigation and Vessel Pilotage by replacing old names with new ones, specifically: - VTRS "Ruska Kosa" changed to VTRS "Mykolaiv" - PRRS "Yuzhny" changed…

On Approval of Amendments to the Procedure for Formation, Maintenance and Access to the Register of Psychological Assistance Service Providers for Veterans and Their Family Members

Essence of the Act: The document introduces amendments to the Procedure for Forming and Maintaining the Register of Entities Providing Psychological Assistance to War Veterans and Their Families. The key change is the creation of a special commission for selecting psychological service providers at the Ministry of Veterans Affairs. Structure and Main Provisions: 1. A commission is established…
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