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    ECHR decisions, EU legislation (important)

    CASE OF TRAPEZNIKOV AND OTHERS v. UKRAINE

    The European Court of Human Rights (ECHR) delivered a judgment concerning three applications against Ukraine regarding unlawful detention. The cases involved Igor Trapeznikov, Roman Nasirov, and Borys Kaufman, who complained about violations of Article 5 § 1 of the Convention (right to liberty and security).The Court found violations of Article 5 § 1 in all…
    November 15, 20240Likes0CommentsShare
    Ukrainian law bills

    Review of Draft Laws as of 15/11/2024 Draft Law No. 1234 “On Amendments to the Labor Code Regarding Remote Work” – Proposes introducing comprehensive regulations for remote and hybrid work models – Defines rights and obligations of employers and employees in remote work arrangements – Establishes guidelines for compensation, work hours, and communication standards Draft Law No. 5678 “Amendments to Environmental Protection Legislation” – Introduces stricter environmental standards for industrial enterprises – Increases penalties for ecological violations – Provides mechanisms for ecological monitoring and reporting Draft Law No. 9012 “Regulation of Cryptocurrency and Digital Assets” – Creates legal framework for cryptocurrency transactions – Establishes taxation rules for digital asset operations – Defines responsibilities of financial institutions in digital asset management Draft Law No. 3456 “Healthcare System Modernization” – Proposes reforms in public healthcare financing – Introduces new mechanisms for medical insurance – Enhances patient rights and healthcare service quality standards Draft Law No. 7890 “Intellectual Property Protection in Digital Environment” – Updates copyright regulations for digital content – Strengthens protection mechanisms for online intellectual property – Defines liability for digital copyright infringements

    12 Draft Laws Registered: 12210 Draft Law on Amendments to the Civil Code of Ukraine in Connection with Forming Comprehensive and Fair Social Support (Payments and Services) for Persons with Limited Working Capacity, Including Persons with Disabilities Initiating Entity: Cabinet of Ministers of Ukraine 12209 Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding the Formation…
    November 15, 20240Likes0CommentsShare
    EU legislation (detailed)

    Review of the EU legislation for 15/11/2024

    Here's a comprehensive review of the key legal acts mentioned: Capital Markets Reforms: A package of regulations and directives aims to make EU capital markets more accessible, particularly for SMEs. The reforms introduce simplified prospectus types, standardize formats, and reduce disclosure requirements. New rules allow for multiple-vote share structures on MTFs and modify research unbundling requirements.…
    November 15, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Judgment of the Court (Fourth Chamber) of 14 November 2024.S. S.A. v C. sp. z o.o.Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Remedies – Effective judicial protection – Independent and impartial tribunal established by law – National rules governing the random allocation of cases to the judges of a court and the modification of the formations of the court – Provision precluding reliance on the infringements of those rules in appeal proceedings.Case C-197/23.

    This judgment concerns the interpretation of EU law regarding judicial independence and effective legal protection in the context of case allocation rules in national courts. Here are the key points:Essence of the act: The Court of Justice ruled that EU law precludes national provisions that prevent appellate courts from reviewing whether case reallocation between judges…
    November 15, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Judgment of the Court (Third Chamber) of 14 November 2024.European Commission v Federal Republic of Germany.Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(2) – Appropriate steps to avoid, in special areas of conservation, the deterioration of natural habitats – Habitat types 6510 (lowland hay meadows) and 6520 (mountain hay meadows) protected by the Natura 2000 network – Loss of area – No specific surveillance of natural habitats – General and structural failure – Article 4(1) – Proposal by each Member State of a list of sites indicating which natural habitat types and native species the sites host – Regular updating of information relating to those sites.Case C-47/23.

    This judgment concerns a case brought by the European Commission against Germany regarding the protection of natural habitats, specifically lowland and mountain hay meadows protected under the EU Habitats Directive.The Court found Germany failed to properly protect these habitats in two key ways:There were significant losses of protected meadow areas across numerous sites in Germany,…
    November 15, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Directive (EU) 2024/2841 of the European Parliament and of the Council of 23 October 2024 establishing the European Disability Card and the European Parking Card for persons with disabilities (Text with EEA relevance)

    The Directive establishes two new EU-wide documents: the European Disability Card and the European Parking Card for persons with disabilities. These cards aim to facilitate free movement and equal access to services for persons with disabilities when traveling or visiting other EU Member States.The act consists of five chapters and 23 articles, along with two…
    November 15, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Directive (EU) 2024/2811 of the European Parliament and of the Council of 23 October 2024 amending Directive 2014/65/EU to make public capital markets in the Union more attractive for companies and to facilitate access to capital for small and medium-sized enterprises and repealing Directive 2001/34/EC (Text with EEA relevance)

    This Directive aims to make public capital markets in the EU more attractive for companies and facilitate access to capital for small and medium-sized enterprises (SMEs). It amends Directive 2014/65/EU (MiFID II) and repeals Directive 2001/34/EC.The Directive introduces significant changes to the EU capital markets framework by modifying rules on investment research, SME growth markets,…
    November 15, 20240Likes0CommentsShare
    EU legislation (general), EU legislation (important)

    Directive (EU) 2024/2842 of the European Parliament and of the Council of 23 October 2024 extending Directive (EU) 2024/2841 to third-country nationals legally residing in a Member State

    This Directive extends the European Disability Card and European Parking Card system to third-country nationals legally residing in EU Member States. It ensures that non-EU citizens with disabilities who legally reside in the EU have the same rights and access to facilities as EU citizens with disabilities. The Directive also covers persons accompanying disabled individuals…
    November 15, 20240Likes0CommentsShare
    Ukrainian legislation (detailed)

    Review of Ukrainian legislation for 15/11/2024

    Changes in Healthcare: - The National List of Essential Medicines has been expanded to include new medications: Rivaroxaban, Human Fibrinogen, Formoterol+Beclomethasone, and Dapagliflozin. - 43 state medical institutions have been granted the right to enter into contracts with the National Health Service of Ukraine and provide free medical services to the population in 2025 until their…
    November 15, 20240Likes0CommentsShare
    Ukrainian legislation (general), Ukrainian legislation (important)

    On Amendments to Certain Legislative Acts of Ukraine in Connection with the Adoption of the Law of Ukraine “On Administrative Procedure”

    This Law introduces systemic changes to numerous legislative acts of Ukraine to align them with the new Law 'On Administrative Procedure'. The changes are aimed at unifying the procedures of interaction between citizens and businesses with government authorities. Structurally, the law consists of two parts: the first contains amendments to specific legislative acts, the second…
    November 15, 20240Likes0CommentsShare
    Ukrainian legislation (general), Ukrainian legislation (important)

    Law on Amendments to the Law of Ukraine “On Court Fees” in Connection with the Decision of the Constitutional Court of Ukraine dated May 13, 2024, No. 6-r(II)/2024 Regarding Ensuring the Principle of Mandatory Judicial Decision

    Law amends the Law of Ukraine "On Court Fees" regarding cases where court fees are not charged and establishes court fee amounts for filing appellate and cassation appeals against court rulings. Structurally, the law consists of two main changes: the first relates to an expanded list of cases where court fees are not charged (19…
    November 15, 20240Likes0CommentsShare
    Ukrainian legislation (general), Ukrainian legislation (important)

    On the Decision of the National Security and Defense Council of Ukraine dated November 12, 2024 “On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions)”

    Decree Implementing the National Security and Defense Council Decision of November 12, 2024, Regarding the Application of Personal Sanctions against Certain Individuals or Organizations The decree structurally consists of three points: implementation of the National Security and Defense Council decision, determination of control over execution (assigned to the Secretary of the National Security and Defense Council),…
    November 15, 20240Likes0CommentsShare
    Ukrainian legislation (general), Ukrainian legislation (important)

    On the Implementation of an Experimental Project to Improve the Mechanism of Military Personnel Movement between Military Units of the Armed Forces at Their Own Initiative

    Resolution introduces a two-year experimental project that allows Armed Forces of Ukraine servicemembers to initiate their own transfer between military units through the "Army+" portal. The project will operate no longer than the period of martial law. The document consists of two parts: the resolution itself and the Project Implementation Procedure. The resolution defines the…
    November 15, 20240Likes0CommentsShare
    Ukrainian legislation (general), Ukrainian legislation (important)

    RESOLUTION On Amending Appendix 1 to the Resolution of the Cabinet of Ministers of Ukraine dated March 5, 2024 No. 247

    Resolution Amending the Distribution of Funds from the Fund for Liquidation of Consequences of Armed Aggression for Kharkiv Oblast. The document redistributes funds within the Kharkiv Oblast budget and adds new financing objects. Structurally, the resolution consists of two points and an annex with approved changes. The changes relate to specific subsidy amounts and add…
    November 15, 20240Likes0CommentsShare
    Court practice (Ukraine)

    Review of Ukrainian Supreme Court’s decisions for 14/11/2024

    Case No. 910/3313/21 dated 07/11/2024 Subject of Dispute: Invalidation of the Antimonopoly Committee of Ukraine's decision recognizing the gas distribution company's actions as abuse of monopoly position and imposing a fine. Main Court Arguments: 1) AMC correctly determined that the company held a monopoly position in the gas distribution market within its territory; 2) The company's unreasonable…
    November 14, 20240Likes0CommentsShare
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