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Review of Draft Laws from 10/02/2025 – 17/02/2025

Registered 36 draft laws: 13019 Draft Law on Amendments to the Law of Ukraine "On Measures to Prevent and Reduce Tobacco Product Consumption and Their Harmful Impact on Public Health" Regarding the Regulation of Tobacco Product Consumption in Specially Equipped Premises Initiating Subject: People's Deputy of Ukraine 12309/П Draft Resolution on Adopting as a Basis the Draft Law…

Review of the EU legislation for 10/02/2025 – 17/02/2025

Anti-dumping Measures The Commission imposed definitive anti-dumping duties on biodiesel from China ranging from 10% to 35.6%. The duties apply to fatty-acid mono-alkyl esters and paraffinic gasoils, but exclude sustainable aviation fuels. Individual rates were set for different manufacturers with a residual duty of 35.6% for non-cooperating companies. Import Restrictions A ban was imposed on bovine…

Review of Ukrainian legislation for 10/02/2025 – 17/02/2025

Here is a short digest of the main legislative changes: 1. The Verkhovna Rada has adopted in the first reading a draft law on strengthening criminal liability for violations in the field of drug development and testing. The changes concern preclinical research, clinical trials, and the procedure for drug market admission. 2. The Parliament supported in the…

Review of Ukrainian Supreme Court’s decisions for 17/02/2025

Case No. 9901/136/21 dated 12/02/2025 Subject of the dispute - challenging the decision of the High Council of Justice by a person who was apparently dissatisfied with a certain administrative decision of this body. The court carefully analyzed the plaintiff's arguments and concluded that there are no sufficient grounds for satisfying the claim. The panel of judges…

Case No. 620/18801/23 dated 12/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the refusal of the Main Directorate of the National Police in Chernihiv Oblast to credit privileged years of service to the plaintiff for pension calculation based on length of service. 2. Key Court Arguments: - The court changed its previous legal position regarding the crediting of privileged years of…

Case No. 910/19061/21 dated 11/02/2025

Here is the translation: 1. Subject of Dispute: Invalidation of the Antimonopoly Committee of Ukraine's decision recognizing the audit firm as a participant in anti-competitive concerted actions during bidding. 2. Key Court Arguments: The Supreme Court indicated that investigating an antimonopoly case for 9 years without objective reasons violates the rule of law principle. The court noted that: -…

Case No. 420/10142/24 dated 12/02/2025

Subject of Dispute: Limited Liability Company "Aritox" challenges the tax authority's decision to refuse registration of a tax invoice in the Unified Register of Tax Invoices. Main Arguments of the Court: The Supreme Court considers that the appellate court showed excessive formalism in examining the case. First, the tax authority initially filed an appeal within the…

Case No. 944/6062/23 dated 12/02/2025

Subject of the Dispute: Declaring the Marriage between the Plaintiff's Deceased Son and the Respondent, Registered on March 25, 2022, as Not Concluded. Main Arguments of the Court: The Supreme Court established that the application for securing the claim was filed improperly - via email, rather than through the "Electronic Court" subsystem, contrary to the new…

Case No. 520/24195/21 dated 13/02/2025

Subject of the dispute - challenging a tax notification-decision on additional VAT assessment for the farm enterprise "Alliance" for transactions with counterparties. Main arguments of the court: the controlling authority considers the economic transactions to be fictitious, but the courts of previous instances did not conduct an in-depth analysis of the reality of these transactions. The…

Case No. 2-197/11 dated 05/02/2025

Subject of Dispute: Replacement of the Creditor in Enforcement Proceedings under a Credit Agreement. Main Arguments of the Court: The Supreme Court considers that procedural legal succession must have a clear procedural purpose - a real possibility of executing a court decision. The court established that at the time of filing the application, the terms for…

Case No. 756/9295/22 dated 05/02/2025

The case concerns a labor dispute between an employee and the State Enterprise "Administration of Seaports of Ukraine" regarding the unlawful suspension of the employment contract during martial law. The main arguments of the court are that the employer did not prove the existence of legal grounds for suspending the employment contract with the employee, as…

Case No. 910/1221/23 dated 12/02/2025

Subject of Dispute: Invalidation of a Purchase and Sale Agreement for a Share in the Authorized Capital of a Limited Liability Company. Main Arguments of the Court: The Supreme Court established that the dispute regarding corporate rights is subject to consideration in the commercial court, contrary to the previous position of the appellate court about consideration…

Case No. 420/12149/23 dated 13/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the resolutions of the state executor regarding the initiation of enforcement proceedings for collecting an administrative fine from PERSON_1. 2. Main Arguments of the Court: - No proper evidence of receiving the executive document within the legally established timeframe - Territorial jurisdiction violated when initiating enforcement proceedings - Previous courts improperly…

Case No. 240/8787/23 dated 12/02/2025

Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision that Reduced the Negative VAT Amount for LLC "Atlant-Oil 999". Main Arguments of the Court: The Supreme Court drew attention to the fact that the courts of previous instances did not verify the circumstances of the enterprise's failure to provide primary documents during the…

Case No. 380/26337/23 dated 12/02/2025

Subject of Dispute: Recalculation of Pension for a Participant in the Liquidation of the Chornobyl Nuclear Power Plant Accident with Accrual of an Additional Percentage for Overtime Service. Main Arguments of the Court: The Supreme Court established that for persons whose pensions were assigned before October 2017, the right to a preferential procedure for calculating pension…

Case No. 914/3080/20 dated 13/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the actions of the state executor regarding the opening of enforcement proceedings and imposing arrest on the property and funds of the Lviv City Council and its Executive Committee. 2. Main Arguments of the Court: - The court established a procedural violation in notifying case participants: court documents were…

Case No. 920/551/23 dated 11/02/2025

Subject of Dispute: Recovery of Debt under a Real Estate Lease Agreement between JSC "VNDIANEN" and JSC "Nasosenergomash" for a total amount of 11,531,493.51 UAH. Main Arguments of the Court: 1. The court drew attention to the fact that the defendant did not provide convincing evidence of the impossibility of fulfilling contractual obligations due to force majeure…

Case No. 420/31238/23 dated 13/02/2025

Subject of the dispute - challenging the refusal of the Main Directorate of the National Police to include preferential service years in the calendar service years and police service length. Main arguments of the court: The Supreme Court referred to its previous decisions, which clearly defined that for persons who applied after 19.02.2022, pension assignment is…
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