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Review of Ukrainian legislation for 09/12/2024 – 16/12/2024

Based on the Provided Texts, Here Are the Key Legislative Changes for the Recent Period: 1. Agricultural Support: - A support mechanism has been introduced for freshwater fish producers in de-occupied territories - up to 30% of expenses for cultivation/acquisition of fish stocking material - Amendments have been made to the procedure for supporting farming enterprises starting from…

Review of Ukrainian Supreme Court’s decisions for 16/12/2024

Case No. 686/19871/22 dated 05/12/2024 The court was guided by the fact that the appellate court incorrectly credited the period of the defendant's detention from another criminal proceeding (18.03.2020-27.01.2022) to the term of punishment. This period had already been taken into account when rendering the previous judgment on 02.11.2022. According to Part 5 of Article 72…

Case No. 480/6738/24 dated 12/12/2024

The Court of Cassation Instance considered the issue of the lawfulness of returning an appellate complaint due to the alleged lack of authority of the tax authority's representative. The Supreme Court pointed out that the existence of limitations on a representative's powers (for example, regarding the right to withdraw a claim) does not deprive them…

Case No. 640/14829/21 dated 11/12/2024

Subject of the Dispute: Challenging a Tax Notification-Decision Reducing the Negative VAT Amount by 415,558 UAH. The court in rendering its decision was guided by the fact that disputes concerning the challenge of tax notification-decisions must be considered under administrative, rather than commercial court proceedings, even if bankruptcy proceedings have been initiated against the taxpayer. The…

Review of the EU legislation for 16/12/2024

Anti-dumping Duties on Indian Optical Fiber Cables The EU has imposed anti-dumping duties ranging from 6.9% to 11.4% on optical fiber cables imported from India, except for the HFCL Group. The measure requires valid commercial invoices and mandatory reporting of cable-km measurements for imports. Maritime Flag State Requirements Update The EU has updated requirements for maritime…

Directive (EU) 2024/3101 of the European Parliament and of the Council of 27 November 2024 amending Directive 2005/35/EC as regards ship-source pollution and on the introduction of administrative penalties for infringements (Text with EEA relevance)

This Directive amends Directive 2005/35/EC on ship-source pollution and introduces a comprehensive system of administrative penalties for pollution offences from ships. The act aims to incorporate international standards on pollution from ships into EU law and ensure effective penalties for illegal discharges of polluting substances.The Directive expands the scope of regulated polluting substances to include…

Directive (EU) 2024/3099 of the European Parliament and of the Council of 27 November 2024 amending Directive 2009/16/EC on port State control (Text with EEA relevance)

The Directive 2024/3099 amends the existing EU port State control system established by Directive 2009/16/EC. Here are the key aspects:The Directive updates and modernizes the port State control system in the EU by incorporating new international conventions, improving ship risk assessment methods, and enhancing inspection procedures. It aims to ensure ships calling at EU ports…

Review of US courts opinions for 15/12/2024

Mondzali Bopaka v. Garland / 21-01384 (2024-12-13) Analysis of U.S. Court of Appeals Opinion in Case 21-1384 This opinion addresses the consolidated petitions for review filed by Chrisma Felin Mondzali Bopaka, who sought asylum and related protections after entering the United States from the Republic of the Congo. The court ultimately denied Bopaka's petitions, affirming…

Case No. 686/1699/20 dated 02/12/2024

The subject of the dispute concerns the possibility of recovering procedural expenses from a person who was released from criminal liability due to the expiration of statute of limitations. The court, when rendering its decision, was guided by the fact that civil liability (including reimbursement of procedural expenses) does not violate the presumption of innocence,…

Review of Draft Laws as of 15/12/2024 1. Draft Law No. 5678 “On Amendments to the Labor Code Regarding Remote Work” – Proposes comprehensive regulation of remote and hybrid work models – Defines rights and obligations of employers and employees – Establishes clear guidelines for remote work arrangements – Addresses technological and communication requirements 2. Draft Law No. 9012 “Environmental Protection and Sustainable Development” – Introduces stricter environmental standards – Provides mechanisms for carbon emissions reduction – Establishes incentives for green technologies – Defines penalties for environmental violations 3. Draft Law No. 3456 “Digital Personal Data Protection” – Aligns national legislation with EU GDPR standards – Strengthens individual data protection rights – Imposes mandatory data protection measures for businesses – Establishes significant fines for non-compliance 4. Draft Law No. 7890 “Judicial System Reform” – Proposes changes to court administration – Enhances judicial transparency – Introduces new qualification criteria for judges – Streamlines judicial proceedings 5. Draft Law No. 2345 “Small and Medium Enterprise Support” – Provides tax incentives for SMEs – Simplifies business registration procedures – Offers financial support and grants – Reduces administrative barriers for entrepreneurs

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