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On Amendments to the Regulation on the Recruitment Center for Foreigners and Stateless Persons

Essence of Changes: The resolution changes the subordination and work procedure of the Recruitment Center for Foreigners and Stateless Persons. The Center transitions to direct subordination to the Ministry of Defense of Ukraine instead of the Armed Forces. The terms of candidate verification and initial interview procedure are also optimized. Structure and Main Provisions: 1. Subordination has been…

On Amending Item 2-6 of the Rules for Crossing the State Border by Citizens of Ukraine

Essence of the Resolution: Amendments have been made to the Rules for Crossing the State Border of Ukraine, which concern exceptions for certain categories of citizens regarding travel restrictions. In particular, it is established that restrictions do not apply to persons specified in paragraphs 1 and 2 of part three of Article 23 of the Law…

Review of ECHR decisions for 14/03/2025

CASE OF F.S.M. v. SPAIN Here's a detailed analysis of the European Court of Human Rights decision in F.S.M. v. Spain: 1. Essence of the decision (3-5 sentences): The case concerns the criminal conviction of an elderly person with cognitive impairment for tax-related offenses. The Court examined whether the applicant's mental health condition required special procedural adjustments…

CASE OF DERDIN v. UKRAINE

Essence of the decision (3-5 sentences): The case concerns a Ukrainian editor-in-chief who was ordered to retract statements published about Ukrexpert, an association providing industrial safety services. The European Court of Human Rights found that Ukraine violated Article 10 (freedom of expression) when domestic courts ordered the applicant to retract his statements without proper justification. The…

CASE OF BUTKEVYCH AND ZAKREVSKA v. UKRAINE

1. Essence of the decision: The European Court of Human Rights ruled on a case involving two Ukrainian activists who were prevented from holding demonstrations near the Prosecutor General's Office in Kyiv in 2013. The Court found violations of Article 11 (freedom of assembly) and Article 13 (right to effective remedy) of the Convention for both…

CASE OF VYACHESLAVOVA AND OTHERS v. UKRAINE

1. Essence of the decision in 3-5 sentences: The case concerns the mass disorder and fire in Odesa on May 2, 2014, which resulted in 48 deaths and numerous injuries. The Court found that Ukraine violated Article 2 of the Convention by failing to prevent and stop the violence, ensure timely rescue measures, and conduct an…

Review of Ukrainian Supreme Court’s decisions for 14/03/2025

Case No. 824/32/24 dated 06/03/2025 Subject of the dispute - recognition and permission to enforce the decision of the International Commercial Arbitration Court on recovering monetary funds from "Energoatom" in favor of the German company WK Energo GmbH. The court carefully analyzed the arguments of the parties and concluded that Energoatom's appeal does not contain convincing grounds…

Case No. 200/8391/19-a dated 05/03/2025

Here is the translation: 1. Subject of Dispute: Recovery of a tax debt from LLC "Promremmorstroi" for land lease payment in the amount of 284,555.58 UAH. 2. Main Arguments of the Court: - The Company is registered in Mariupol and has a tax debt for land lease payment for the period from January 2018 to January 2019. - The…

Case No. 757/9335/18-c dated 05/03/2025

Subject of the Dispute: Claim by PERSON_1 against PJSC "Terra Bank" on consumer rights protection. Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly closed the proceedings in the case, as they did not investigate the circumstances of legal succession of PJSC "Terra Bank". In particular, it was established…

Case No. 910/18717/23 dated 06/03/2025

Analysis of the Court Decision: 1. Subject of Dispute: Recovery of damages from the state budget due to unlawful seizure and sale of sunflower seeds from the 2018 harvest. 2. Main Court Arguments: - The Prosecutor's Office and ARMA improperly arrested and sold 304.54 tons of sunflower seeds belonging to LLC "Agrofirma "Shabolat" - The arrest order was canceled…

Case No. 916/302/24 dated 27/02/2025

Here is the analysis of the court decision: 1. Subject of Dispute: The bank's right to challenge the ruling on closing proceedings in a natural person's insolvency case. 2. Main Arguments of the Court: - The court confirmed the bank's right to challenge the judicial decision, as the debtor previously indicated the bank among its creditors - The Supreme…

Case No. 909/784/23 dated 05/03/2025

Subject of Dispute: Invalidation of Decisions of the General Shareholders Meeting of JSC "Chornomornaftogaz" and Recovery of Court Expenses. Main Arguments of the Court: The Supreme Court established that the appellate court showed excessive formalism by returning the appeal of PJSC "Gaztek" due to the court fee being paid by another legal entity. The court emphasized…

Case No. 620/14330/23 dated 07/03/2025

Subject of Dispute: Recognition of the Pension Fund's Refusal as Unlawful to Grant a Pension for Length of Service to a Person Dismissed from the Penitentiary Service. Main Court Arguments: The Supreme Court confirmed that for personnel of the penitentiary service, the preferential length of service calculation (one month of service counted as 40 days) is…

Case No. 640/1141/20 dated 05/03/2025

Subject of Dispute: Energy Plus LLC attempted to obtain a VAT budget refund in the amount of 9,686,612 hryvnias. Main Arguments of the Court: The court established that the real estate purchase and sale agreements, based on which the Company formed a tax credit, were declared invalid by the economic court's decision. According to the Tax…

Case No. 916/4116/23 dated 04/03/2025

Here is the analysis of the court decision: 1. Subject of the dispute: Invalidation of the lease agreement for hard surface area of 56.58 m2 and obligation to vacate the land plot. 2. Main arguments of the court: - Lease agreement may relate to hard surface as a separate individually defined property - There are no indisputable evidence that…

Case No. 922/1341/22 dated 04/03/2025

Here is the translation: 1. Subject of Dispute: The Prosecutor's Office challenged the order of the Kharkiv District State Administration regarding the withdrawal of land plots from the state enterprise "Research Farm 'Kutuzivka'" and their transfer to lease to the private agricultural enterprise "Demetra". 2. Main Arguments of the Court: - The disputed land plots are not particularly…

Review of Draft Laws as of 14/03/2025

3 Draft Laws Registered: 13106 Draft Resolution on the Exercise of Powers Provided by Part Two of Article 10 of the Law of Ukraine "On the Legal Regime of Martial Law" by the Head of the Hostomel Settlement Military Administration of Bucha District, Kyiv Region Initiating Subject: President of Ukraine 13011-7 Draft Resolution on Amending the Agenda of…
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