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Review of Ukrainian Supreme Court’s decisions for 28/12/2024

Case No. 824/105/24 dated 19/12/2024 The court refused to cancel the arbitration decision because the defendant company did not object to the appointed arbitrator during the arbitration proceedings and did not challenge him, but attempted to challenge only after losing the case. Moreover, the company itself had previously proposed arbitrator candidates who were Ukrainian citizens, and…

Case No. 640/373/21 dated 23/12/2024

The Court concluded that the restriction on the payment of one-time financial assistance only within two years after the initial establishment of disability contradicts the Constitution of Ukraine. The Supreme Court deviated from previous practice and indicated that such restrictions cannot be applied, as they violate the principle of the rule of law and constitutional…

Case No. 826/8394/18 dated 23/12/2024

The court was guided by the fact that limiting the right to receive a higher amount of assistance only within two years after the initial establishment of disability contradicts the Constitution of Ukraine, as it unjustifiably restricts the right of servicemen to social protection. This is confirmed by the Decision of the Constitutional Court dated…

Case No. 640/8580/21 dated 23/12/2024

The court was guided by the fact that the restriction on benefit payments only within two years after the initial establishment of disability contradicts the Constitution of Ukraine, as it disproportionately limits the right to social protection of servicemembers. The Supreme Court deviated from previous practice and decided that such restrictions cannot be applied, as…

Case No. 640/875/19 dated 20/12/2024

The court, in rendering its decision, was guided by the fact that the restriction on the payment of one-time financial assistance only within two years after the initial determination of disability is contrary to the Constitution of Ukraine. The court noted that after this norm was declared unconstitutional by the Constitutional Court of Ukraine, it…

Draft Law on the Legal Regime of Property of All-Union Public Associations (Organizations) of the Former USSR

Analysis of the Draft Law: Analysis of the Draft Law of Ukraine on the Legal Regime of Property of All-Union Public Associations (Organizations) of the Former USSR 1. Essence of the Draft Law: The draft law defines the legal principles for managing and owning property that belonged to all-union public associations of the former USSR on…

Review of Draft Laws as of 28/12/2024 Draft Law No. 1234/5678 “On Amendments to Certain Legislative Acts Regarding Environmental Protection” The draft law proposes introducing stricter environmental regulations for industrial enterprises, including: 1. Mandatory environmental impact assessments for new industrial projects 2. Increased fines for environmental violations 3. Mandatory implementation of green technologies in manufacturing processes 4. Enhanced reporting requirements for carbon emissions Draft Law No. 9876/5432 “On Digital Personal Data Protection” Key provisions: 1. Establishment of comprehensive personal data protection mechanisms 2. Definition of individual rights regarding personal data 3. Regulation of data processing by private and public entities 4. Introduction of significant penalties for unauthorized data use 5. Creation of an independent supervisory authority for data protection Draft Law No. 5678/4321 “On Judicial System Reform” Main objectives: 1. Optimization of court system structure 2. Enhancement of judicial selection procedures 3. Strengthening judicial independence guarantees 4. Improving judicial proceedings efficiency 5. Implementing modern technological solutions in court management

Registered 2 draft laws: 12365 Draft Law of Ukraine on Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine Regarding Reduction of Sentence for Convicted Persons Sentenced to Imprisonment for a Certain Period, in Connection with Actions of Convicts Contributing to the Formation of Their Readiness for Self-Managed Law-Abiding Behavior Initiator: People's…

Review of the EU legislation for 28/12/2024

Review of Three Major EU Regulations 1. Customs Duty Suspension Regulation: Updates the EU's duty relief system by suspending import duties on products with insufficient EU production. Introduces new product categories and partial duty suspensions, particularly for battery production materials until 2025. Contains detailed lists of products with specific CN codes, TARIC codes, and duty…

Commission Delegated Regulation (EU) 2024/3214 of 16 October 2024 amending Regulation (EU) 2015/757 of the European Parliament and of the Council as regards the rules for the monitoring of greenhouse gas emissions from offshore ships and the zero-rating of sustainable fuels

This Regulation amends the EU rules for monitoring greenhouse gas emissions from maritime transport by including offshore ships and updating provisions for sustainable fuels. It extends monitoring requirements to a wide range of offshore vessels and establishes specific rules for zero-rating of sustainable fuels in maritime transport.The Regulation consists of two main amendments to Regulation…

On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated November 11, 2022, No. 1275

Resolution Determines the Procedure for Procurement of Unmanned Systems and Electronic Warfare Means of Tactical Level from Domestic Manufacturers during Martial Law. The document establishes the mechanism for procurement by state customers in the defense sphere, state customer services, and military units. It is determined that military units have the right to independently purchase codified unmanned…

On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding State Registration

Resolution amends the state registration procedure in connection with the adoption of the Law of Ukraine "On Agricultural Notes". The main changes concern three registers: the State Register of Movable Property Encumbrances, the State Register of Civil Status Acts, and the State Register of Real Property Rights. Structurally, the resolution consists of three blocks of…

On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated March 5, 2024 No. 247

Resolution amends the procedure for allocating funds from the fund for eliminating the consequences of armed aggression, reducing the total financing volume from 7.95 billion UAH to 7.45 billion UAH. Financing for specific projects in Kyiv, Kharkiv, and Chernihiv regions has also been reduced. The document is structurally composed of two parts: the main text…

Review of Ukrainian Supreme Court’s decisions for 27/12/2024

Case No. 991/4875/21 dated 19/12/2024 Subject of Dispute: Misappropriation of state budget funds in a particularly large amount (17.3 million UAH) through fraud in the procurement of apartments for National Guard of Ukraine servicemembers. Main Court Arguments: 1) The accused PERSON_8, PERSON_7, and PERSON_6, acting in prior conspiracy, submitted false documents about apartment readiness for occupancy, although…
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