The case concerns the Supreme Court of Ukraine's interpretation of a provision of domestic law in a manner that was allegedly unforeseeable and contrary to the principle of legal certainty. The dispute arose between Ukrkava TOV (a Ukrainian company) and the State Savings Bank regarding a loan agreement and related mortgage.The key issue was the…
Case No. 539/8/24 dated 31/01/2025
The court rejected the claim because the plaintiff did not provide proper and admissible evidence to confirm family relations with the testator. In particular, it was not proven that the testator's great-grandmother and grandmother were biological sisters, and therefore it was impossible to establish the further degree of kinship. The court…
The court was guided by the fact that as a result of the reorganization, a specific private-public legal succession occurred, whereby the Fund as a legal entity of private law was terminated, and its powers were transferred to the Pension Fund of Ukraine as a legal entity of public law. Since the plaintiff essentially claims…
The court was guided by the fact that an age pension on preferential terms and an age pension on general grounds are different varieties of the same type of pension provision. Article 13 of Law No. 1788-XII provides not a separate type of pension, but only preferential conditions for its assignment through a reduction in…
The court established that the High Qualification Commission of Judges (HQCJ) exceeded its powers, as until 30.12.2023, the right to evaluate a judge's compliance with their position belonged exclusively to the HQCJ collegiums, and not its plenary composition. Moreover, the HQCJ erroneously applied to the procedure of evaluating a judge's compliance with their position the…
Registered 4 draft laws:
12353/P Draft Resolution on Adopting as a Basis the Draft Law of Ukraine on Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of Mandatory Evacuation
Initiator: People's Deputy of Ukraine
12255-1/P Draft Resolution on Adopting as a Basis the Draft Law of Ukraine on Amendments to Articles 7 and 13 of the…
Here's a concise review of the key legal acts:
1. Authorization for 'Neporex 2SG' insecticide:
The EU authorizes this cyromazine-based product for professional use in animal housing to control house fly larvae from 2025 to 2035. The authorization includes specific application rates for different animal facilities and strict safety measures.
2. Technical provisions for insurance companies:
Sets…
This judgment concerns the interpretation of limitation periods for proceedings related to irregularities affecting the EU's financial interests under Regulation No 2988/95.The case arose from a dispute in Greece regarding the recovery of EU agricultural funds from a company that received financial support in 2001 but was found to have irregularities during inspections in 2006.…
This judgment concerns the interpretation of Directive 2011/7/EU on combating late payment in commercial transactions, specifically regarding payment periods between businesses.The Court ruled on whether a payment period longer than 60 calendar days can be unilaterally imposed by one party. The case involved a dispute between two Polish companies where one party unilaterally set 120-day…
This is a Commission Implementing Regulation amending Annex I to Regulation (EU) 2023/594 regarding special disease control measures for African swine fever (ASF). The regulation updates the restricted zones I, II and III in various EU member states where special control measures for ASF apply. The main changes include: - New outbreaks of ASF were…
Changes Regarding the "Baby Package"
Now, monetary compensation instead of the "baby package" can be received through any authorized bank, not just PrivatBank. The compensation amount is 3 subsistence minimums for children up to 6 years old. The service is integrated with "eMalyatko", and funds can be used within a year only for purchasing children's…
This order approves a new Procedure and Conditions for Insurance in Maritime Transport, which regulates 4 main insurance areas:
Shipowner's liability for passenger life/health damage
Carrier's liability for damage to passengers, baggage, cargo, and third parties
Maritime shipowner's liability
Insurance of water transport vehicles
Structurally, the document consists of 11 sections that detail:
Procedure for concluding insurance…
The Order introduces amendments to the Procedure for Determining the Type of Penitentiary Institution for Convicted Persons and Their Transfer, introducing a new mechanism for responding to complaints about inadequate detention conditions. The document supplements Section IV of the Procedure with a new paragraph 7, which regulates the procedure for transferring convicted persons to other…
Order Amending the Internal Regulations of Penal Institutions and Detention Centers, Expanding the Rights of Convicted and Detained Persons Regarding Appropriate Detention Conditions
The order introduces amendments to the internal regulations of penal institutions and detention centers, expanding the rights of convicted and detained persons concerning appropriate detention conditions. Structurally, the order consists of two main…
The order establishes criteria for identifying institutions that are crucial in the provision of free legal aid during a special period. The document is adopted within the framework of legislation on mobilization preparation. The order consists of a main part and an appendix with criteria. It replaces the previous order dated March 28, 2023, with…
Separate Opinion of Constitutional Court of Ukraine Judge Vasyl Lemak Regarding the Methodology for Assessing the Constitutionality of Human Rights Restrictions on the Example of Customs Legislation.
The judge proposes a new algorithm for assessing the constitutionality of state interference in human rights:
First, it is necessary to check whether the essence (core) of the right has…
No new decisions were published today
Case No. 444/2070/20 dated 28/01/2025
The court of cassation instance found that the appellate court approached the case formally - did not properly analyze all evidence and arguments of the prosecutor, in particular regarding contradictions in expert conclusions. The appellate court also assessed the expert's testimony without examining the audio recording of the court session or…
The cassation instance court established that the appellate court did not properly verify the defendant's arguments regarding the incorrectness of the plaintiff's calculation of inflation losses and 3% per annum after replacing projected volumes with actual ones. In particular, the issue of the legitimacy of accruing these payments on advance payments after signing the service…
2 draft laws have been registered:
13001 Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening Prevention and Counteraction of Anti-Semitism
Initiator: People's Deputy of Ukraine
13002 Draft Law on Amendments to Article 12 of the Law of Ukraine "On Limited and Additional Liability Societies" Regarding Ensuring the Possibility of Creating Additional Capital by the…
