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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE IN THE CASE ON THE CONSTITUTIONAL COMPLAINT OF KYRYL ANDRIIOVYCH BURMA REGARDING THE COMPLIANCE WITH THE CONSTITUTION OF UKRAINE (CONSTITUTIONALITY) OF THE PROVISIONS OF ARTICLE 51 OF THE CIVIL CODE OF UKRAINE (CONCERNING CONSTITUTIONAL GUARANTEES OF RIGHTS OF INDIVIDUAL ENTREPRENEURS)

This decision of the Constitutional Court of Ukraine concerns the constitutionality of Article 51 of the Civil Code of Ukraine, which stipulates that normative legal acts regulating the activities of legal entities shall apply to entrepreneurial activities of individuals, unless otherwise established by law. Structurally, the decision consists of an analysis of three main issues: 1. Whether…

Amendment to Item 31-1 of the Procedure for Using Funds from the Reserve Budget Fund

Resolution amends the Procedure for Using Reserve Fund Budget Funds, expanding the possibilities of its use for measures related to strengthening the state's defense capability. Structurally, the document contains only one change - supplementing paragraph 31-1 of the Procedure for Using Reserve Fund Budget Funds with the words 'with strengthening the state's defense capability'. The…

On Conferring an Honorary Name to the 65th Separate Mechanized Brigade of the Land Forces of the Armed Forces of Ukraine

By the Decree of the President of Ukraine, an honorary name has been awarded to the 65th Separate Mechanized Brigade of the Land Forces of the Armed Forces of Ukraine. From now on, the full name of the unit is the 65th Separate Mechanized Brigade "Velykyi Luh" of the Land Forces of the Armed Forces…

On the Extension of Deferment Periods from Military Service Call-up during Mobilization

Resolution regulates the issue of automatic extension of military service deferments during mobilization, which were previously granted to conscripts through the Ministry of Economy or the "Diia" portal. The document consists of two main points: the first establishes automatic extension of deferment periods for one month (but no later than February 28, 2025), the second…

Review of Draft Laws from 23/12/2024 – 30/12/2024

12 Draft Laws Registered: 12299-1 Draft Law on Amendments to Article 255 of the Code of Ukraine on Administrative Offenses, Articles 222-1 and 222-2 of the Criminal Code of Ukraine and Certain Laws Regarding Improvement of Legislation in the Sphere of Preventing Abuse in the Wholesale Energy Market Initiating Subject: People's Deputy of Ukraine 12364 Draft Law on…

Review of the EU legislation for 23/12/2024 – 30/12/2024

Road Safety Enforcement Directive (2024/3237) The directive strengthens cross-border enforcement of traffic rules by: - Adding new offenses including dangerous overtaking, wrong-way driving, and hit-and-run incidents - Requiring standardized traffic offense notices with translations - Mandating use of EUCARIS system for data exchange - Creating an online portal for road safety information - Prohibiting private enforcement by 2029 ODR Platform Discontinuation…

Review of Ukrainian legislation for 23/12/2024 – 30/12/2024

Key Changes in Legislation: Social Sphere Changes: - When calculating the average monthly family income for social assistance, "net" salary after personal income tax and military levy deduction is now taken into account. - 74.6 million UAH in subvention allocated to local budgets to improve hot meal quality for primary school students. - 24.5 million UAH allocated to compensate…

Review of Ukrainian Supreme Court’s decisions for 30/12/2024

Case No. 522/9421/22 dated 16/12/2024 The Court of Cassation Instance noted that the courts of first and appellate instances incorrectly included the period between the closure of criminal proceedings and the cancellation of the closure order in the pre-trial investigation period. The Supreme Court referred to the legal position of the Joint Chamber of the Criminal…

Review of the EU legislation for 30/12/2024

Here's a review of the key legal acts: Road Safety Enforcement Directive The directive expands cross-border enforcement of traffic rules by adding new offenses like dangerous overtaking and hit-and-run incidents. It mandates use of EUCARIS system for data exchange, requires standardized traffic offense notices with translations, and creates an online portal for road safety information. Private…

Notice concerning the entry into force of the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Japan, of the other part

The Strategic Partnership Agreement (SPA) between the EU and Japan represents a comprehensive framework for enhanced cooperation and strategic coordination between these major global powers. This legally binding agreement covers various areas of cooperation, including security, trade, environmental protection, and cultural exchange. The Agreement consists of several sections addressing political dialogue, global challenges, economic cooperation,…

Commission Implementing Regulation (EU) 2024/3210 of 18 December 2024 laying down rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards the CBAM registry

This Regulation establishes detailed rules for the operation of the CBAM (Carbon Border Adjustment Mechanism) registry - a standardized electronic database for managing CBAM certificates, declarations, and registrations. The registry will serve as the central platform for all CBAM-related operations between the EU authorities and economic operators.The act consists of 4 chapters and 24 articles,…

Directive (EU) 2024/3237 of the European Parliament and of the Council of 19 December 2024 amending Directive (EU) 2015/413 facilitating cross-border exchange of information on road-safety-related traffic offences (Text with EEA relevance)

This Directive amends Directive (EU) 2015/413 to strengthen cross-border enforcement of road safety rules and facilitate information exchange between EU member states regarding traffic offenses.The key changes include:Expanding the scope of covered traffic offenses to include new violations like dangerous overtaking, wrong-way driving, failing to keep safe distance, and hit-and-run incidents Establishing detailed requirements for…

Review of Draft Laws as of 29/12/2024 1. Draft Law No. 5678 “On Amendments to the Tax Code of Ukraine” Purpose: Introducing tax incentives for small and medium-sized enterprises, simplifying tax administration, and reducing the tax burden on businesses. Key Provisions: – Reduction of single tax rates for individual entrepreneurs – Expansion of tax benefits for innovative enterprises – Simplification of tax reporting procedures – Introduction of additional tax credits for investments in technological development 2. Draft Law No. 9012 “On Cybersecurity and Digital Infrastructure Protection” Purpose: Enhancing national cybersecurity mechanisms and establishing comprehensive regulations for digital infrastructure protection. Key Provisions: – Defining critical information infrastructure objects – Establishing mandatory cybersecurity standards for government and private sector entities – Creating a national cybersecurity incident response system – Introducing liability for cybersecurity violations 3. Draft Law No. 3456 “On Environmental Protection and Sustainable Development” Purpose: Strengthening environmental regulations and promoting sustainable development practices. Key Provisions: – Introducing stricter environmental standards for industrial enterprises – Establishing mechanisms for carbon emissions reduction – Providing economic incentives for green technologies – Expanding renewable energy support programs Recommendations: Further legislative analysis and expert consultation recommended.

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