The European Court of Human Rights (ECHR) delivered a judgment concerning 11 applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The case primarily deals with violations of Articles 3 and 13 of the Convention.The Court found that all applicants were kept in detention in poor conditions in the Vinnytsia Detention…
This judgment concerns multiple applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The Court examined ten applications jointly due to their similar subject matter. The Court found violations of Articles 3 and 13 of the Convention concerning poor detention conditions in Ukrainian facilities, particularly in the Dnipro Detention Facility. The…
The case concerns complaints by two Ukrainian citizens, Kateryna Nychyporenko and Svitlana Demidova, regarding ineffective investigations into cases of ill-treatment inflicted by private individuals. Both applicants suffered physical injuries from assaults by their neighbors, and both cases demonstrated significant failures in the investigation and judicial processes.The Court found violations of Article 3 of the Convention…
The European Court of Human Rights (ECHR) delivered a judgment in the case of Goshovskyy and Others v. Ukraine, which consolidated 10 different applications concerning excessive length of civil proceedings in Ukraine and lack of effective remedies for this issue.The Court found violations of Article 6 § 1 (right to a fair trial) and Article…
The European Court of Human Rights (ECHR) delivered a judgment concerning three Ukrainian citizens who complained about disproportionate sanctions in customs cases. The applicants were fined and had their undeclared cash confiscated at Ukrainian border crossings for exceeding permitted limits without declaration.The Court found that there was a violation of Article 1 of Protocol No.…
The case concerns the invalidation of a Ukrainian company's title to a property (café) in Odesa, which was built without proper authorization on municipal land. The European Court of Human Rights found a violation of Article 1 of Protocol No. 1 to the Convention (protection of property).The Court established that while the café was an…
The decision concerns three main issues related to the treatment of a prisoner in Slovakia: 1. The systematic practice of thorough strip searches (TSS) of the prisoner, which the Court found to be degrading treatment in violation of Article 3 of the Convention. The Court emphasized that the searches were carried out routinely without convincing…
This is a significant ECHR decision concerning domestic violence in Armenia. The key aspects are: Essence of the decision: The Court found Armenia violated Article 3 of the Convention (prohibition of torture and inhuman treatment) due to its failure to protect a domestic violence victim and provide adequate legal remedies. The…
Case No. 689/1249/22 dated 03/12/2024
Subject of the dispute - termination of a land lease agreement due to the transfer of ownership to an heir. The court was guided by the following: 1) the lease agreement conditions provided for the possibility of termination upon transfer of land ownership to another person; 2) the new owner (heir)…
Subject of the dispute - recalculation of pension for a former prosecutor and determination of its amount. The court was guided by the fact that after the new Law "On Prosecution" No. 1697-VII came into force, the pension should be recalculated at 60% of salary (instead of 70% as previously) and that such pensions are…
Subject of the Dispute: Termination of Land Lease Agreements and Their Return Due to Systematic Non-Payment of Rent by the Lessee.
The Court was guided by the following main arguments:
1. Paragraph "d" of Part One of Article 141 of the Land Code of Ukraine provides an independent and sufficient ground for terminating a land lease agreement…
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal from the Poltava City Council in Favor of the Former Village Head.
The Court noted that with the adoption of Law No. 2352-IX dated 19.07.2022, amendments were made to Article 117 of the Labor Code, which limited the period of…
7 Draft Laws Registered:
12310 Draft Law on Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine in Connection with the Ratification of the Council of Europe Convention on Offenses Related to Cultural Property
Initiating Subject: President of Ukraine
12309 Draft Law on Amendments to Certain Laws of Ukraine in Connection with…
1. Forced Labor Products Ban
The EU introduces a comprehensive ban on products made with forced labor, prohibiting their placement on the EU market or export. The regulation creates a risk-based investigation system, requires Member States to establish competent authorities, and mandates product withdrawal if forced labor is found. Economic operators must provide information during…
This judgment concerns the interpretation of EU consumer protection law regarding unfair terms in mortgage loan agreements, specifically related to variable interest rates based on reference indices.The essence of the judgment is that it sets standards for transparency and fairness of mortgage loan terms that use official reference indices for calculating variable interest rates. The…
This judgment concerns the interpretation of EU legislation regarding resolution procedures for credit institutions, specifically in relation to a case involving Getin Noble Bank in Poland. Here are the key points:Essence of the act: The Court of Justice of the EU ruled on several questions regarding judicial review of bank resolution decisions, the right to…
This judgment concerns the interpretation of EU law regarding rights of usufruct over agricultural land in Hungary and has direct implications for Ukraine and Ukrainians. Here are the key points: Essence of the Act: The Court ruled on whether EU law allows Hungary to reinstate previously cancelled rights of usufruct over…
Essence of the act: This Regulation introduces a comprehensive framework for Environmental, Social and Governance (ESG) rating activities in the EU. It establishes requirements for ESG rating providers' authorization, transparency, and operational integrity. The act aims to enhance the quality and reliability of ESG ratings while preventing greenwashing and ensuring investor protection.Structure and main provisions:…
This is a comprehensive new EU Directive on urban wastewater treatment that replaces the previous Directive 91/271/EEC. The main purpose is to protect the environment and human health from adverse effects of urban wastewater discharges while reducing greenhouse gas emissions and improving energy efficiency in the sector.The Directive establishes a complex regulatory framework covering:Requirements for…
This Commission Delegated Regulation supplements Regulation (EU) 2023/988 on general product safety by establishing detailed rules for the Safety Gate Rapid Alert System - the EU's system for rapid exchange of information about dangerous non-food products. The regulation sets requirements for notifications about dangerous products, criteria for risk assessment, and rules for system operation.The regulation…