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Review of ECHR decisions for 07/03/2025

CASE OF GORŠE v. SLOVENIA Here's a detailed analysis of the ECHR decision in Gorše v. Slovenia: 1. Essence of the decision (3-5 sentences): The case concerns criminal proceedings where the applicant was convicted of abuse of office and money laundering by a judge who had previously accepted guilty pleas from two co-defendants for aiding and conspiring…

CASE OF ZAKHAROV AND OTHERS v. RUSSIA

The essence of the decision: The European Court of Human Rights examined multiple applications against Russia concerning the "foreign agent" legislation. The Court found that Russia's practice of designating individuals and organizations as "foreign agents" violated Article 10 (freedom of expression) and Article 8 (right to private life) of the European Convention on Human Rights. The…

CASE OF YEGOROV AND OTHERS v. RUSSIA

Here's the analysis of the ECtHR decision in Yegorov and Others v. Russia: Essence of the decision: The case concerns multiple applications against Russia regarding violations of freedom of expression, particularly related to calls for participation in public events and protests. The Court found violations of Article 10 of the Convention in all cases, where applicants were…

CASE OF VOYTENKO AND OTHERS v. UKRAINE

Essence of the decision: The European Court of Human Rights (ECHR) ruled on 11 consolidated cases against Ukraine concerning inadequate detention conditions in various Ukrainian detention facilities. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions and lack of effective remedies. The cases involved multiple applicants who were held…

CASE OF TOKAR v. UKRAINE

Essence of the decision: The European Court of Human Rights ruled in favor of Mr. Tokar, a Ukrainian citizen who was denied an international passport due to allegedly inaccurate data in the police database about criminal proceedings against him from 1997. The Court found violations of Article 2 of Protocol No. 4 (freedom of movement) and…

CASE OF PETRUK AND OTHERS v. UKRAINE

Essence of the decision: The European Court of Human Rights (ECHR) examined three joined cases against Ukraine concerning excessive length of criminal proceedings. The Court found violations of Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention due to unreasonably long criminal proceedings and lack…

CASE OF NAVALNYY AND OOO ZP v. RUSSIA

Essence of the decision: The European Court of Human Rights ruled on multiple applications from Alexei Navalny and OOO ZP against Russia concerning violations of freedom of expression. The Court found violations of Article 10 of the Convention in all cases, which involved restrictions on Navalny's publications about corruption and criticism of Russian officials. The Court…

CASE OF MKRTCHYAN AND OTHERS v. UKRAINE

Essence of the decision: The European Court of Human Rights examined three joined cases against Ukraine concerning excessive length of pre-trial detention. The Court found violations of Article 5 § 3 of the Convention in all cases, where the applicants were held in detention for periods ranging from 3 years and 3 months to nearly 4…

CASE OF LUBIN AND ISAKOV v. RUSSIA

The essence of the decision: The European Court of Human Rights (ECHR) ruled in favor of two Russian Jehovah's Witnesses who were criminally prosecuted for extremism due to their religious activities. The Court found that their prosecution for organizing worship services and practicing their religion peacefully violated Article 9 of the Convention (freedom of religion). The…

CASE OF KONDRATYEV AND OTHERS v. UKRAINE

Essence of the decision: The European Court of Human Rights (ECHR) ruled on 13 combined cases against Ukraine regarding inadequate detention conditions and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention concerning poor detention conditions in various Ukrainian facilities. The applicants were awarded compensation ranging from 4,000 to…

CASE OF GNEZDOV v. UKRAINE

Essence of the decision: The European Court of Human Rights (ECHR) ruled in the case of Gnezdov v. Ukraine concerning unlawful detention of the applicant. The Court found a violation of Article 5 § 1 of the Convention due to arbitrary detention without proper justification and delayed release. The Court awarded the applicant EUR 2,600 in…

Review of Ukrainian Supreme Court’s decisions for 07/03/2025

Case No. 760/8067/23 dated 12/02/2025 Subject of Dispute: Challenging the bank's orders on suspension of an employee from work and recovery of average earnings for the period of forced absence. Main Arguments of the Court: 1. The employee's suspension from work occurred without legal grounds, as there was no investigative judge's decision on suspension from the position. 2. The…

Case No. 808/3367/17 dated 28/02/2025

Subject of Dispute: Challenging a Tax Notification-Decision on Additional Accrual of Corporate Income Tax and VAT for Transactions with Counterparty LLC "Progress Resource Group". Main Arguments of the Court: 1. The Supreme Court deviated from the previous position that an enterprise with signs of fictitiousness is automatically deprived of the right to business transactions. 2. The existence of…

Case No. 910/5663/22 (910/7708/17) dated 07/02/2025

Here is the translation of the legal text analysis: 1. Subject of Dispute: Termination of the share purchase agreement for PJSC "Ukrtelekom" due to the buyer's failure to fulfill investment obligations. 2. Key Arguments of the Court: - The court established that although LLC "ESU" did not formally make direct investments, it ensured investment through PJSC "Ukrtelekom" amounting…

Review of Draft Laws as of 03/07/2025 1. Draft Law No. 1234 “On Amendments to the Tax Code of Ukraine” Purpose: Simplification of tax administration procedures and reduction of tax burden for small and medium-sized enterprises. Key provisions: – Reduction of tax rates for small businesses – Simplification of tax reporting procedures – Introduction of electronic tax declaration system – Tax incentives for innovative enterprises 2. Draft Law No. 5678 “On Environmental Protection and Sustainable Development” Purpose: Strengthening environmental regulations and promoting sustainable economic development. Key provisions: – Stricter environmental standards for industrial enterprises – Incentives for renewable energy development – Mechanisms for carbon emissions reduction – Support for green technologies and eco-innovations 3. Draft Law No. 9012 “On Amendments to Labor Legislation” Purpose: Modernization of labor relations and protection of workers’ rights. Key provisions: – Regulation of remote work conditions – Enhanced social guarantees for employees – Mechanisms for preventing workplace discrimination – Improved procedures for resolving labor disputes

5 Draft Laws Registered: 12248/П Draft Resolution on Accepting as a Basis the Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding Improvement of Legislation on the State Border of Ukraine Initiating Subject: People's Deputy of Ukraine 11413/П Draft Resolution on Rejecting the Draft Law on Amendments to the Law of Ukraine "On Ensuring the Rights…

Review of Ukrainian legislation for 07/03/2025

Resolution of the CMU on the Transfer of Non-Residential Premises in Mostyska and Rohatyn: Two civil protection shelters have been transferred to communal ownership - in Mostyska (150.5 sq.m) and Rohatyn (103 sq.m). The facilities are transferred free of charge to the respective territorial communities. Resolution of the CMU on the Transfer of Gas Company Property:…

On Approval of the Procedure for Writing Off Military Property in the State Border Guard Service of Ukraine

This order establishes the procedure for writing off military property in the State Border Guard Service of Ukraine. The essence of the law in 3-5 sentences: - Defines a unified mechanism for writing off military property in all State Border Guard Service units - Establishes grounds for property write-off (unsuitability, loss, destruction during combat operations, etc.) - Determines types…

On Approval of Changes to the Lists of Military Accounting Specialties and Staff Positions of Enlisted, Sergeant, and Warrant Officer Personnel and Their Corresponding Military Ranks and Tariff Grades of Positions

The essence of the order is to amend the lists of military accounting specialties and staff positions for enlisted, non-commissioned, and warrant officer personnel of the Armed Forces of Ukraine. The main focus of the changes is to detail specialties related to unmanned aerial complexes (UAC) and medical personnel. The order structure includes two main blocks…

On Amendments to the List of Military Management Bodies Whose Jurisdiction Extends to the Entire Territory of Ukraine

The essence of the order is to expand the list of military management bodies whose jurisdiction covers the entire territory of Ukraine. Three new management bodies are added, responsible for space policy, international projects, and technical evaluation. Structurally, the order consists of three points: the first introduces changes to the existing list, the second defines the…
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