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Review of Ukrainian Supreme Court’s decisions for 15/03/2025

Here is the translation of the legal analysis: Case No. 460/9136/23 dated 10/03/2025 Here is the analysis of the court decision: 1. Subject of the dispute: Challenging the refusal of the Urban Planning and Architecture Department to extend the temporary structure placement passport for entrepreneurial activity. 2. Main arguments of the court: - The temporary structure placement passport is not…

Case No. 761/15647/23 dated 26/02/2025

Subject of Dispute: Challenging the Decisions of the Political Party "Nash Krai" on Recalling a Local Council Deputy through a Popular Initiative. Main Arguments of the Court: 1. The decision of the local party organization's meeting on proposing the recall of a deputy has a recommendatory nature and relates to the internal organizational activities of the party,…

Case No. 619/1883/17 dated 05/03/2025

Subject of Dispute: Invalidation of Peresichany Village Council Decisions on Transfer of Land Plots to Private Ownership and Cancellation of State Ownership Certificates. Main Court Arguments: 1. Land plots transferred to private ownership were previously in state ownership and were assigned to the state enterprise "Berezivski Mineral Waters Sanatorium". 2. Village council decisions on termination of permanent land…

Case No. 757/18297/23-c dated 10/03/2025

Subject of Dispute: PrivatBank attempted to recover funds that were collected from it in favor of a client within the framework of executing a court decision on deposit funds recovery. Main Court Arguments: 1. The bank independently partially executed the court decision, withholding a portion of funds for tax payment, but the state executor legally collected the…

Case No. 487/4523/23 dated 05/03/2025

Subject of Dispute: Recognition of Paternity and Modification of Father's Information in the Birth Certificate Key Arguments of the Court: The court drew attention to a gap in legislation regarding the establishment of paternity when a biological father wants to recognize his paternity. The Supreme Court emphasized that depriving a man of the right to initiate a…

Case No. 757/57259/19-c dated 05/03/2025

Here is the translation: 1. Subject of Dispute: Recognition of Pledge Transactions of Property Rights and Assignment of Claims as Void in a Case of Credit Debt Recovery. 2. Main Arguments of the Court: The Supreme Court indicated that the appellate court prematurely reached a conclusion about partial satisfaction of claims without properly verifying the bank's arguments about…

Case No. 552/4770/19 dated 24/02/2025

Subject of Dispute: Determination of the Legal Nature of Changes to the List of Narcotic Substances and the Possibility of Applying Retroactive Effect of Law in a Criminal Case Regarding Illegal Cannabis Circulation. Main Arguments of the Court: 1. Changes to the list of narcotic substances introduced by the Cabinet of Ministers' resolution do not constitute changes…

Case No. 727/1506/23 dated 05/03/2025

Subject of Dispute: Cassation Appeal of a Sentence against a Person Convicted of Illegal Sale of Psychotropic Substances. Main Arguments of the Court: The Supreme Court deemed the evidence for the episode of October 24, 2022, inadmissible due to untimely entry of information into the Unified Register of Pre-trial Investigations, which made it impossible to prove…

Case No. 918/749/24 dated 26/02/2025

Subject of Dispute: Initiation of Bankruptcy Proceedings for LLC "Rivne Agricultural Enterprise" based on the application by LLC "Spektr-Agro". Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the decisions of previous instances, in particular, the issue of creditor's claim priority was not clearly investigated, and the circumstances regarding the presence/absence of…

Case No. 387/192/23 dated 25/02/2025

Subject of Dispute: Termination of Criminal Proceedings against PERSON_7 due to the Expiration of Pre-Trial Investigation Period. Main Arguments of the Court: The court established that the courts of previous instances did not take into account the specifics of calculating pre-trial investigation periods during martial law. In particular, the criminal proceedings were initiated on October 21,…

Case No. 460/9136/23 dated 10/03/2025

Here is the translation: 1. Subject of Dispute: Challenging the refusal of the Urban Planning and Architecture Department to extend the temporary structure placement passport for entrepreneurial activity. 2. Main Court Arguments: - The temporary structure placement passport is not a permit-type document, therefore the Cabinet of Ministers Resolution #314 on automatic document extension during martial law does…

Review of Ukrainian legislation for 15/03/2025

Key Changes in Legislation: 1. Rules for border crossing for military conscripts have been amended - the list of documents for relatives of killed/missing servicemen has been detailed, terminology regarding electronic signatures has been updated. 2. A mechanism of state support for Ukrainian military vehicle manufacturers has been introduced - a requirement for production localization of…

On Approval of Amendments to the Requirements for Conducting Modifications of Nuclear Facilities and the Procedure for Assessing Their Safety

This order amends the requirements for modifications of nuclear facilities and their safety assessment. The main purpose is to improve the procedures for modifying nuclear facilities and introduce new requirements for cybersecurity of information systems. Structurally, the document introduces changes to the preamble and 4 sections of the base document, clarifying terminology and procedures. Key changes…

On Amendments to Certain Laws of Ukraine Regarding the Provision of Rehabilitation Services (Rehabilitation Assistance) by Educational Institutions

Essence of the Law: The law expands the capabilities of educational institutions to provide rehabilitation services not only to persons with special educational needs, but also to servicemen, war veterans, and persons with special merits before the Motherland. Special attention is paid to special schools, which can now provide rehabilitation assistance to persons with visual and…

Law on Amendments to the Tax Code of Ukraine Regarding the Stimulation of Charitable Activities during Martial Law

Essence of the Law: The law amends the Tax Code of Ukraine to stimulate charitable activities during martial law. The main innovations concern taxation of charitable assistance and donations, as well as establishing new limits for tax exemption. Structure and Main Provisions: 1. The procedure for tax exemption of charitable donations received by individuals conducting public collection has…
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