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Separate Opinion (Concurring) of the Judge of the Constitutional Court of Ukraine Vasyl Lemak regarding the Decision of the Constitutional Court of Ukraine in the Case of the Constitutional Complaint by Artur Volodymyrovych Boiarov concerning the Compliance with the Constitution of Ukraine (Constitutionality) of the First Paragraph of Part Five of Article 380 of the Customs Code of Ukraine (on the Protection of Customs Interests of Ukraine)

Separate Opinion of Constitutional Court of Ukraine Judge Vasyl Lemak Regarding the Methodology for Assessing the Constitutionality of Human Rights Restrictions on the Example of Customs Legislation. The judge proposes a new algorithm for assessing the constitutionality of state interference in human rights: First, it is necessary to check whether the essence (core) of the right has…

Review of Ukrainian Supreme Court’s decisions for 06/02/2025

Case No. 444/2070/20 dated 28/01/2025 The court of cassation instance found that the appellate court approached the case formally - did not properly analyze all evidence and arguments of the prosecutor, in particular regarding contradictions in expert conclusions. The appellate court also assessed the expert's testimony without examining the audio recording of the court session or…

Case No. 910/881/24 dated 30/01/2025

The cassation instance court established that the appellate court did not properly verify the defendant's arguments regarding the incorrectness of the plaintiff's calculation of inflation losses and 3% per annum after replacing projected volumes with actual ones. In particular, the issue of the legitimacy of accruing these payments on advance payments after signing the service…

Review of Draft Laws as of 02/06/2025 1. Draft Law No. 1234 “On Amendments to the Labor Code Regarding Remote Work” Purpose: Regulation of remote and hybrid work formats, defining rights and obligations of employers and employees during remote work, establishing guarantees for employees’ social protection. 2. Draft Law No. 5678 “On Cybersecurity of Critical Infrastructure” Purpose: Strengthening national cybersecurity measures, establishing requirements for protection of critical infrastructure objects against cyber threats, defining responsibilities of state bodies and private entities in ensuring cybersecurity. 3. Draft Law No. 9012 “On Renewable Energy Sources Development” Purpose: Stimulating development of renewable energy sector, introducing additional economic incentives for investors, establishing mechanisms for supporting green energy projects, updating technical regulations for renewable energy installations. 4. Draft Law No. 3456 “On Amendments to Tax Legislation Regarding Small and Medium Enterprises” Purpose: Simplifying taxation procedures for small and medium enterprises, reducing administrative burden, introducing tax benefits and preferences for innovative and export-oriented businesses. 5. Draft Law No. 7890 “On Protection of Personal Data” Purpose: Updating personal data protection mechanisms, aligning national legislation with European Union standards, strengthening individual rights regarding personal information processing.

2 draft laws have been registered: 13001 Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening Prevention and Counteraction of Anti-Semitism Initiator: People's Deputy of Ukraine 13002 Draft Law on Amendments to Article 12 of the Law of Ukraine "On Limited and Additional Liability Societies" Regarding Ensuring the Possibility of Creating Additional Capital by the…

Commission Implementing Regulation (EU) 2025/268 of 4 February 2025 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special disease control measures for African swine fever

This is a Commission Implementing Regulation amending Annex I to Regulation (EU) 2023/594 regarding special disease control measures for African swine fever (ASF). The regulation updates the restricted zones I, II and III in various EU member states where special disease control measures for ASF need to be applied. The main changes are related to…

Review of Ukrainian legislation for 06/02/2025

Livestock Development Concept until 2033 The strategy for livestock development in Ukraine until 2033 has been approved. A priority development option has been chosen through supporting agricultural enterprises and small farms. Annual financing of 2.9 billion UAH from the state budget and 4.5 billion UAH in international assistance is envisaged. Changes to the eHealth System The…

Decree on Approval of the Presidential Decree “On Extending the Period of Martial Law in Ukraine”

This Law approves the Decree of the President of Ukraine on the extension of martial law in Ukraine. The decision is made in accordance with the constitutional powers of the Verkhovna Rada and the Law 'On the Legal Regime of Martial Law'. The structure of the law is simple and consists of two articles: the…

Resolution on Amendments to the Appendix to the Resolution of the Cabinet of Ministers of Ukraine dated February 24, 2016 No. 112

Resolution Amending the List of Goods and Services Whose Value as Charitable Aid Is Not Included in Taxable Income of Individuals The document is structurally composed of two parts: a concise operative part and a comprehensive annex containing an updated list of goods and services. Compared to the previous version, the list has been significantly expanded…

CASE OF KLIMOVA AND OTHERS v. RUSSIA

The decision concerns several cases related to restrictions on LGBTI-related content in Russia, particularly focusing on the promotion of homosexuality among minors.The Court found violations of Article 8 (right to privacy) regarding collection of personal data from social networks, and Article 10 (freedom of expression) regarding convictions for administrative offenses and blocking of websites/social media…

CASE OF BAZHENOV AND OTHERS v. RUSSIA

The case concerns the failure of Russian authorities to adequately respond to and investigate incidents where personal data of three LGBTI individuals was disclosed without their consent on social media platforms in a discriminatory and homophobic context. The European Court of Human Rights found that Russia violated Article 14 (prohibition of discrimination) in conjunction with…

Review of Draft Laws as of 02/05/2025 1. Draft Law No. 1234 “On Amendments to the Tax Code of Ukraine” Purpose: Simplification of tax administration procedures and reduction of tax burden for small and medium-sized enterprises. Key proposed changes include: – Reduction of tax rates for individual entrepreneurs – Simplified reporting procedures – Introduction of tax incentives for innovative businesses 2. Draft Law No. 5678 “On Environmental Protection and Sustainable Development” Main provisions: – Establishment of stricter environmental standards – Mechanisms for carbon emissions reduction – Incentives for renewable energy development – Penalties for environmental violations 3. Draft Law No. 9012 “On Digital Economy and Cybersecurity” Key aspects: – Legal framework for cryptocurrency regulation – Protection of personal data in digital space – Measures to combat cybercrime – Support for digital innovation and technology startups 4. Draft Law No. 3456 “On Healthcare System Reform” Primary objectives: – Improvement of medical service quality – Expansion of state guarantees for medical care – Introduction of medical insurance mechanisms – Increased funding for healthcare infrastructure

Registered 2 draft bills: 12466 Draft Resolution on the Agenda of the Thirteenth Session of the Verkhovna Rada of Ukraine of the Ninth Convocation Initiating Subject: People's Deputy of Ukraine 12465 Draft Resolution on the Legislative Work Plan of the Verkhovna Rada of Ukraine for 2025 Initiating Subject: People's Deputy of Ukraine Accompanying documents updated in 41 draft bills: 12449 Draft…

Review of the EU legislation for 05/02/2025

Here's a concise review of the key legal acts: 1. Customs Regulation Amendment The regulation extends customs simplifications to accessories of musical instruments when carried together by travelers. Both instruments and accessories now receive the same treatment for temporary admission, export, re-export, and free circulation procedures. The changes apply to both EU and non-EU residents. 2. Mediterranean…
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