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Review of Ukrainian Supreme Court’s decisions for 24/11/2024

Case No. 160/15303/22 dated 19/11/2024 The court, when rendering its decision, was guided by the following: 1) amendments to Article 119 of the Labor Code of Ukraine, which canceled the preservation of average earnings for servicemen at their workplace, are lawful and do not violate constitutional rights; 2) the state has the right to redistribute expenditures…

Case No. 280/9605/23 dated 18/11/2024

The court, in rendering its decision, was guided by the fact that preferential old-age pension is not a separate type of pension, but only provides preferential conditions (reduced retirement age) for the assignment of a regular old-age pension. Therefore, a person who is already receiving a preferential old-age pension cannot repeatedly claim assignment of the…

Case No. 200/653/24 dated 19/11/2024

The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension, but only provides preferential conditions for pension assignment by reducing the retirement age. It is important that the Supreme Court departed from previous practice and formulated a new conclusion that persons…

Case No. 440/12257/23 dated 19/11/2024

The court was guided by the fact that the preferential old-age pension, assigned under Law No. 1788-XII, is not a separate type of pension provision, but only provides preferential conditions (reduction of retirement age) for the assignment of old-age pension. Since such a pension is assigned and paid in accordance with the procedure and conditions…

Review of Draft Laws as of 24/11/2024 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 compensation and social guarantees 2. Draft Law No. 9012 “On Cybersecurity and Digital Infrastructure Protection” – Introduces updated mechanisms for protecting critical information infrastructure – Strengthens state control over cybersecurity standards – Defines responsibilities for preventing and responding to cyber incidents 3. Draft Law No. 3456 “On Environmental Compensation and Sustainable Development” – Establishes mechanisms for environmental damage compensation – Introduces stricter ecological standards for industrial enterprises – Provides economic incentives for implementing green technologies 4. Draft Law No. 7890 “On Amendments to Tax Legislation” – Proposes tax benefits for small and medium-sized enterprises – Simplifies tax administration procedures – Introduces additional support measures for innovative businesses 5. Draft Law No. 2345 “On Personal Data Protection” – Aligns national legislation with EU GDPR standards – Strengthens individual rights regarding personal data processing – Establishes more stringent penalties for data protection violations

No updates of law bills.

Review of Ukrainian Supreme Court’s decisions for 23/11/2024

Here is the translation of the legal texts: Case No. 1309/3314/12 dated 18/11/2024 Subject of Consideration - Defense Counsel's Motion for Participation in Cassation Review of Criminal Case via Video Conference. The Court was guided by Article 85-3 of the Criminal Procedure Code of 1960, which provides for the possibility of conducting procedural actions via video conference…

Case No. 588/93/20 dated 07/11/2024

The subject of the dispute concerns the correctness of the application by the first and appellate instance courts of the provisions of the Criminal Code of Ukraine regarding sentencing for a person who committed a new crime before the previous judgment was rendered. The cassation instance court established that the lower courts incorrectly applied criminal…

Case No. 488/3009/23 dated 22/10/2024

Subject of Dispute: Cassation review of a sentence against a person convicted of death threats and theft during martial law. Key Court Arguments: The court drew attention to legislative changes introduced by Law No. 3886-IX dated 18.07.2024, which decriminalized petty theft of property valued less than 2 non-taxable minimum incomes of citizens. Since the value of…

Draft Law on Amendments to the Budget Code of Ukraine Regarding Transactions with Contingent Liabilities

Analysis of the Draft Law: Analysis of the Draft Law of Ukraine on Amendments to the Budget Code of Ukraine Regarding Transactions with Contingent Liabilities Essence of the Draft Law: The draft law proposes amendments to the Budget Code of Ukraine to regulate transactions with contingent liabilities that may arise within international financial agreements. The main objective…
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