CASE OF F.S.M. v. SPAIN
Here's a detailed analysis of the European Court of Human Rights decision in F.S.M. v. Spain:
1. Essence of the decision (3-5 sentences):
The case concerns the criminal conviction of an elderly person with cognitive impairment for tax-related offenses. The Court examined whether the applicant's mental health condition required special procedural adjustments…
Essence of the decision (3-5 sentences):
The case concerns a Ukrainian editor-in-chief who was ordered to retract statements published about Ukrexpert, an association providing industrial safety services. The European Court of Human Rights found that Ukraine violated Article 10 (freedom of expression) when domestic courts ordered the applicant to retract his statements without proper justification. The…
1. Essence of the decision:
The European Court of Human Rights ruled on a case involving two Ukrainian activists who were prevented from holding demonstrations near the Prosecutor General's Office in Kyiv in 2013. The Court found violations of Article 11 (freedom of assembly) and Article 13 (right to effective remedy) of the Convention for both…
1. Essence of the decision in 3-5 sentences:
The case concerns the mass disorder and fire in Odesa on May 2, 2014, which resulted in 48 deaths and numerous injuries. The Court found that Ukraine violated Article 2 of the Convention by failing to prevent and stop the violence, ensure timely rescue measures, and conduct an…
Case No. 824/32/24 dated 06/03/2025
Subject of the dispute - recognition and permission to enforce the decision of the International Commercial Arbitration Court on recovering monetary funds from "Energoatom" in favor of the German company WK Energo GmbH.
The court carefully analyzed the arguments of the parties and concluded that Energoatom's appeal does not contain convincing grounds…
Here is the translation:
1. Subject of Dispute: Recovery of a tax debt from LLC "Promremmorstroi" for land lease payment in the amount of 284,555.58 UAH.
2. Main Arguments of the Court:
- The Company is registered in Mariupol and has a tax debt for land lease payment for the period from January 2018 to January 2019.
- The…
Subject of the Dispute: Claim by PERSON_1 against PJSC "Terra Bank" on consumer rights protection.
Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly closed the proceedings in the case, as they did not investigate the circumstances of legal succession of PJSC "Terra Bank". In particular, it was established…
Analysis of the Court Decision:
1. Subject of Dispute: Recovery of damages from the state budget due to unlawful seizure and sale of sunflower seeds from the 2018 harvest.
2. Main Court Arguments:
- The Prosecutor's Office and ARMA improperly arrested and sold 304.54 tons of sunflower seeds belonging to LLC "Agrofirma "Shabolat"
- The arrest order was canceled…
Here is the analysis of the court decision:
1. Subject of Dispute: The bank's right to challenge the ruling on closing proceedings in a natural person's insolvency case.
2. Main Arguments of the Court:
- The court confirmed the bank's right to challenge the judicial decision, as the debtor previously indicated the bank among its creditors
- The Supreme…
Subject of Dispute: Invalidation of Decisions of the General Shareholders Meeting of JSC "Chornomornaftogaz" and Recovery of Court Expenses.
Main Arguments of the Court: The Supreme Court established that the appellate court showed excessive formalism by returning the appeal of PJSC "Gaztek" due to the court fee being paid by another legal entity. The court emphasized…
Subject of Dispute: Recognition of the Pension Fund's Refusal as Unlawful to Grant a Pension for Length of Service to a Person Dismissed from the Penitentiary Service.
Main Court Arguments: The Supreme Court confirmed that for personnel of the penitentiary service, the preferential length of service calculation (one month of service counted as 40 days) is…
Subject of Dispute: Energy Plus LLC attempted to obtain a VAT budget refund in the amount of 9,686,612 hryvnias.
Main Arguments of the Court: The court established that the real estate purchase and sale agreements, based on which the Company formed a tax credit, were declared invalid by the economic court's decision. According to the Tax…
Here is the analysis of the court decision:
1. Subject of the dispute: Invalidation of the lease agreement for hard surface area of 56.58 m2 and obligation to vacate the land plot.
2. Main arguments of the court:
- Lease agreement may relate to hard surface as a separate individually defined property
- There are no indisputable evidence that…
Here is the translation:
1. Subject of Dispute: The Prosecutor's Office challenged the order of the Kharkiv District State Administration regarding the withdrawal of land plots from the state enterprise "Research Farm 'Kutuzivka'" and their transfer to lease to the private agricultural enterprise "Demetra".
2. Main Arguments of the Court:
- The disputed land plots are not particularly…
Analysis could not be performed.
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3 Draft Laws Registered:
13106 Draft Resolution on the Exercise of Powers Provided by Part Two of Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law" by the Head of the Hostomel Settlement Military Administration of Bucha District, Kyiv Region
Initiating Subject: President of Ukraine
13011-7 Draft Resolution on Amending the Agenda of…
No new legal acts were published today
Changes to Procurement of Medicines and Medical Devices
The list of medicines and medical devices for simplified procurement has been expanded, including new drugs for treating cardiovascular diseases, antiviral, psychiatric and neurological medications, as well as medical devices for surgery and intensive care. The procedure for considering medical technology assessment conclusions has been clarified.
Introduction of…
Essence of the Order:
The document regulates the procedure for expulsion, reinstatement, and transfer of cadets, students, and adjuncts in military educational institutions of the Ministry of Defense of Ukraine. It defines clear grounds and procedures for each of these actions, taking into account the specifics of military service.
Structure and Main Provisions:
1. The order consists of…
Essence of the Act:
The order approves the Regulations on the Support Service for Military Personnel and Their Family Members in the State Special Communications Service. The document defines the organization of the service that provides support to military personnel (especially wounded, injured) and their families, as well as families of those killed, captured, or missing.
Structure…
