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Review of Draft Laws as of 24/02/2025

2 draft laws have been registered: 13039 Draft Resolution on the Statement of the Verkhovna Rada of Ukraine on Supporting Democracy in Ukraine under the Conditions of Russian Federation Aggression Initiative Subject: People's Deputy of Ukraine 13038 Draft Resolution on the Appeal of the Verkhovna Rada of Ukraine to Parliaments and Governments of Foreign States, International Organizations and…

Review of the EU legislation for 24/02/2025

Here are the key points from the reviewed legal acts: Plant Pests Regulation: Removes Leucinodes pseudorbonalis from the EU's prohibited pest list. Lists four prohibited pests until May 31, 2027: Chloridea virescens, Homona magnanima, Resseliella citrifrugis, and Spodoptera ornithogalli. Each pest now has an EPPO code for clear identification. Feed Additives Authorization: Authorizes Lactococcus lactis DSM 34262…

Commission Implementing Regulation (EU) 2025/355 of 21 February 2025 amending Implementing Regulation (EU) 2022/2389 concerning the establishment of frequency rates for identity checks and physical checks on consignments of plants, plant products and other objects entering the Union

The act establishes new rules for checking plants, plant products, and other objects entering the European Union through border control posts. It modifies the frequency rates for identity and physical checks of various agricultural products, focusing on specific categories like cut flowers, fruits, vegetables, and used machinery from different countries of origin. The regulation aims…

Commission Implementing Regulation (EU) 2025/354 of 21 February 2025 amending Implementing Regulation (EU) 2021/405 as regards the lists of third countries with an approved control plan and the lists of third countries authorised for the entry into the Union of certain fishery products

The essence of the act in 3-5 sentences: This Regulation amends the EU rules regarding the lists of third countries authorized to export certain fishery products and food-producing animals to the EU. It updates the lists of countries that have approved control plans for monitoring pharmacologically active substances, pesticides and contaminants in food products. The act…

Review of Ukrainian Supreme Court’s decisions for 23/02/2025

Case No. 400/8344/23 dated 18/02/2025 Subject of Dispute: Challenging the Refusal to Pay One-Time Monetary Assistance to a Police Officer in Connection with Loss of Professional Capacity. Key Court Arguments: 1. The right to receive one-time monetary assistance arises under three mandatory conditions: the cause of disability is a service-related illness; disability was established before or within 6…

Case No. 199/367/16-c dated 12/02/2025

Subject of Dispute: Issuance of a Duplicate Writ of Execution for a Credit Agreement, which the Bank Considers Lost. Main Arguments of the Court: 1. The executive document was indeed lost during postal transmission, as evidenced by official documents from the state executive service. 2. The time limit for presenting the executive document has not been missed due…

Case No. 906/593/24 dated 14/02/2025

Subject of Dispute: Invalidation of a Road Repair Services Procurement Contract Concluded between the Infrastructure Restoration and Development Service in Zhytomyr Oblast and Integral Systems LLC. Main Court Arguments: 1. The court established that prohibiting contract performance during judicial review violates the principle of presumption of legal validity of a transaction and contractual obligation. 2. Implementing interim measures…

Case No. 757/53137/21-c dated 05/02/2025

Here is the translation of the legal analysis: 1. Subject of Dispute: Recognition of Inheritance as Abandoned and Claiming an Apartment from a Bona Fide Acquirer in Favor of the Territorial Community. 2. Main Arguments of the Court: The Supreme Court referred to the previous legal position of the Grand Chamber, which states that when alienating inherited…

Case No. 369/5830/22 dated 19/02/2025

Subject of Dispute: Division of Marital Property, including a vehicle, land plots, and a share in the authorized capital of a limited liability company. Main Arguments of the Court: 1. Property acquired by the spouses during the marriage is presumed to be joint common property, regardless of whose name it is registered in. 2. The court deviated from…

Case No. 911/268/22 dated 13/02/2025

Here is the translation: 1. Subject of Dispute: Return of water fund land plots located in the coastal protection zone of the Dnipro River from a private company to communal ownership. 2. Main Court Arguments: The court changed its previous legal position regarding land plots. Key arguments: - Land plots are located in the coastal protection zone of the…

Case No. 904/3756/24 dated 19/02/2025

Subject of Dispute: Recognition of Pledge Right and Obligation to Take Actions Regarding Corporate Rights in the Authorized Capital of LLC "Borivazh". Main Arguments of the Court: 1. The court emphasized that interim measures cannot be challenged on grounds of jurisdiction violation separately from the decision on the merits of the case. 2. When deciding on interim measures,…

Case No. 902/71/24 dated 12/02/2025

Here is the translation: Subject of Dispute: Recognition of the Order as Invalid Regarding the Transfer of Land Plots to Communal Ownership, Partially Located within the Border Strip. Key Arguments of the Court: 1. Land plots located within the border strip are automatically classified as defense lands, which can only be in state ownership. 2. The Supreme Court deviated…

Case No. 920/715/23 dated 13/02/2025

Subject of Dispute: Challenging the Illegality of the Village Council's Decision on Land Plot Lease Transfer and Claiming these Land Plots from the New Lessee. Main Court Arguments: 1. The land share lease agreement dated 13.10.2015 is valid until 19.02.2028 and is properly registered. 2. Change in the land plot status does not terminate the original lease agreement. 3.…

Case No. 924/1280/23 dated 11/02/2025

Subject of the Dispute: Return of the House of Culture to the Communal Ownership of the Khmelnytskyi City Council, which previously belonged to the Collective Agricultural Enterprise. Main Arguments of the Court: The court recognized that the allocation is a form of enterprise reorganization, contrary to previous court decisions. The House of Culture, as a social infrastructure…

Case No. 904/2618/24 dated 18/02/2025

Here is the translation of the legal analysis: 1. Subject of Dispute: The Prosecutor's Office attempted to secure a claim to declare invalid a service procurement contract between the Department of Improvement and LLC "Avtomahistral 2016" by prohibiting any actions under this contract. 2. Key Court Arguments: The Supreme Court deviated from previous practice and indicated that…
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