The Court of Cassation Instance considered the issue of the lawfulness of returning an appellate complaint due to the alleged lack of authority of the tax authority's representative. The Supreme Court pointed out that the existence of limitations on a representative's powers (for example, regarding the right to withdraw a claim) does not deprive them…
Subject of the Dispute: Challenging a Tax Notification-Decision Reducing the Negative VAT Amount by 415,558 UAH.
The court in rendering its decision was guided by the fact that disputes concerning the challenge of tax notification-decisions must be considered under administrative, rather than commercial court proceedings, even if bankruptcy proceedings have been initiated against the taxpayer. The…
Subject of Dispute: Possibility of Appealing a Court Order Refusing to Satisfy a Motion for Enforcement of a Court Decision.
The court was guided by the following arguments: 1) the right to appeal is a constitutional right that cannot be limited by law; 2) the impossibility of appealing an order refusing to satisfy a motion violates…
Subject of the dispute - appealing the appellate court's verdict regarding the conviction of a person for stealing a cable worth 646.80 hryvnias and damaging a telecommunications network. The court was guided by the fact that after the commission of the crime, a new law came into force that decriminalized theft of property worth up…
Anti-dumping Duties on Indian Optical Fiber Cables
The EU has imposed anti-dumping duties ranging from 6.9% to 11.4% on optical fiber cables imported from India, except for the HFCL Group. The measure requires valid commercial invoices and mandatory reporting of cable-km measurements for imports.
Maritime Flag State Requirements Update
The EU has updated requirements for maritime…
This Directive amends Directive 2005/35/EC on ship-source pollution and introduces a comprehensive system of administrative penalties for pollution offences from ships. The act aims to incorporate international standards on pollution from ships into EU law and ensure effective penalties for illegal discharges of polluting substances.The Directive expands the scope of regulated polluting substances to include…
The Directive 2024/3099 amends the existing EU port State control system established by Directive 2009/16/EC. Here are the key aspects:The Directive updates and modernizes the port State control system in the EU by incorporating new international conventions, improving ship risk assessment methods, and enhancing inspection procedures. It aims to ensure ships calling at EU ports…
No new legal acts were published today
Mondzali Bopaka v. Garland / 21-01384 (2024-12-13)
Analysis of U.S. Court of Appeals Opinion in Case 21-1384
This opinion addresses the consolidated petitions for review filed by Chrisma Felin Mondzali Bopaka, who sought asylum and related protections after entering the United States from the Republic of the Congo. The court ultimately denied Bopaka's petitions, affirming…
S 5465 / To clarify where court may be held for certain district courts in Texas and California.
1. Essence of the bill:
This is a straightforward technical bill that amends the judicial code to add new locations where federal district courts may hold sessions in Texas and California. The bill adds College Station as a…
No new decisions were published today
Case No. 991/2380/24 dated 28/11/2024
The court was guided by the fact that the bank violated the restrictions established by the NBU by issuing 417,000 US dollars in cash to a client (with a limit equivalent to 100,000 UAH per day). There were also doubts about the proper financial monitoring when depositing this amount. The bank's…
Subject of the Dispute: Challenging the Refusal of the Ministry of Defense of Ukraine to Pay a Military Serviceman a One-Time Monetary Assistance upon Upgrading Disability Group from III to II after Two Years from the Initial Disability Determination.
The Court was guided by the fact that the statutory limitation of two years for the right…
The court was guided by the fact that since the plaintiff applied for pension assignment in 2023, when new rules for calculating service years were already in effect, these new rules requiring calendar service years should be applied to him. The court emphasized that the mere fact of dismissal from service in 2016 is not…
The subject of the dispute concerns the possibility of recovering procedural expenses from a person who was released from criminal liability due to the expiration of statute of limitations. The court, when rendering its decision, was guided by the fact that civil liability (including reimbursement of procedural expenses) does not violate the presumption of innocence,…
No new legal acts were published today
No new legal acts were published today
Baez v. BayMark Detoxification Services, Inc. / 24-01171 (2024-12-12)
The opinion issued by the United States Court of Appeals for the First Circuit in the case of Jorge Baez v. BayMark Detoxification Services, Inc. highlights critical issues regarding the proper identification of defendants in employment discrimination cases and the adherence to federal court scheduling orders.…