Here is the translation of the legal text analysis:
1. Subject of Dispute: Challenging the decision of the Dnipro City Council on approving the land management project regarding the establishment of boundaries of the water object "expanded water area of HPK Moskovskyi".
2. Main Arguments of the Court:
- The concept of "expanded water area of HPK" is…
Subject of Dispute: Qualification of Actions of a Person Who Committed Thefts in Summer Houses Totaling No More Than 2 Non-Taxable Minimum Incomes of Citizens.
Main Arguments of the Court: The Supreme Court indicated that the appellate court incorrectly closed the criminal proceedings, since the act was committed with penetration into premises, which provides grounds to…
Here is the translation:
Brief Analysis of the Court Decision:
1. Subject of Dispute: Challenging the orders of dismissing police officer PERSON_1 from service due to committing a disciplinary offense.
2. Main Court Arguments: The court deviated from previous practice, which previously provided a more lenient approach to service investigations.
- The disciplinary offense consisted of the plaintiff:
a) unjustifiably…
Here is the translation:
Brief Analysis of the Court Decision:
1. Subject of Dispute: Dispute regarding the legitimacy of charging a fee for electricity transmission during its export.
2. Main Arguments of the Court:
- The court noted that the disputed legal relations arose after amendments to the Transmission System Code, which provided for the mandatory payment of transmission…
Subject of the Dispute: The Prosecutor Attempts to Invalidate the State Certificate for a Forest Fund Land Plot and Reclaim It for State Ownership.
Main Court Arguments:
1. The Court established that the land plot was illegally withdrawn from state ownership as a result of criminal actions by local council officials in 2003.
2. The Court deviated from…
Subject of Dispute: Invalidation of an Additional Agreement to a Supply Contract for Crushed Stone and Sand Mixture and Recovery of Excess Budgetary Funds.
Main Arguments of the Court: The Supreme Court considers that the previous judicial instances did not properly investigate the circumstances of the case. Firstly, the expert opinion on price fluctuations has significant…
This Commission Delegated Regulation establishes a standardized template for cooperation arrangements between EU Member States' competent authorities and third-country supervisory authorities regarding crypto-assets markets. The regulation supplements the main Regulation 2023/1114 on markets in crypto-assets by providing detailed guidelines for information exchange and enforcement cooperation.The structure of the act consists of three main articles and…
The judgment concerns the prosecution of media organizations and individuals in Russia for expressing views critical of Russia's military actions in Ukraine or disseminating information that diverged from official accounts. The Court examined 161 applications from media outlets and individuals who faced various forms of sanctions, including fines, detention, and closure of media organizations, for…
This Regulation imposes definitive anti-dumping duties on imports of biodiesel originating from China. The duties range from 10% to 35.6% depending on the exporting producer.The Regulation follows a complaint lodged by the European Biodiesel Board in November 2023 and provisional measures imposed in August 2024. The investigation found evidence of dumping by Chinese producers causing…
This Regulation amends the rules regarding annual performance clearance and conformity procedures in EU agricultural funding. It introduces a simplified approach to reporting deviations in unit amounts under the Common Agricultural Policy (CAP), establishing a 2% de minimis threshold below which Member States don't need to provide detailed justifications. The act also clarifies procedures for…
The judgment concerns the prosecution of media organizations and individuals in Russia for expressing views critical of Russia's military actions in Ukraine or disseminating information that diverged from official accounts. The Court examined 161 applications from media outlets and individuals who faced various forms of sanctions, including fines, detention, and closure of media organizations, for…
This regulation imposes definitive anti-dumping duties on imports of biodiesel originating from China. The duties range from 10% to 35.6% depending on the exporting company and will apply to fatty-acid mono-alkyl esters and paraffinic gasoils obtained from synthesis/hydro-treatment, excluding sustainable aviation fuels.The regulation's structure includes sections on: procedure details, product scope definition, dumping margin calculations,…
This Regulation imposes definitive anti-dumping duties on imports of biodiesel originating from China. The duties range from 10% to 35.6% depending on the exporting producer.The Regulation follows a complaint lodged by the European Biodiesel Board in November 2023 and a provisional anti-dumping duty imposed in August 2024. The investigation found that Chinese producers were dumping…
The court was guided by the fact that after amendments to the legislation in February 2022, preferential service years can only be taken into account for determining the pension amount, but not for its assignment. For pension assignment, a calendar service of 25 years is specifically required, which the plaintiff did not have (had only…
Subject of the dispute - challenging the refusal of the Ministry of Defense of Ukraine to grant a one-time monetary assistance due to a change in disability group from III to II. The court was guided by the following: 1) the restriction on assistance payment only within two years after the initial disability determination contradicts…
The court was guided by the fact that after the Law No. 3886-IX came into force, the boundaries of criminal liability for petty theft changed - they are now considered an administrative offense if the amount stolen does not exceed 2 non-taxable minimum incomes of citizens. Since in most episodes the amount stolen was less…
Subject of the dispute - appealing a court verdict regarding the conviction of a person for theft of 750 hryvnias during martial law. The court in making its decision was guided by the following: 1) a new law came into force that raised the threshold value of property for qualifying theft as a criminal offense;…
The cassation instance court established that the appellate court incorrectly applied the procedural law norms when it revoked the first instance court's ruling on leaving without consideration the application for review of the заочне (in absentia) decision. The Supreme Court pointed out that the applicant's representative did not prove the existence of objective insurmountable difficulties…
The court was guided by the fact that the territorial community is not the owner of the inherited property and has no grounds for its recovery as a non-possessing owner. By analogy with the law (Article 1280 of the Civil Code of Ukraine), in the case of alienation of inherited property to a bona fide…
The subject of the dispute concerns the legality of closing criminal proceedings against a customs state inspector due to the expiration of pre-trial investigation terms. The court was guided by the fact that since the criminal proceedings were initiated before March 16, 2018 (when amendments to the Criminal Procedure Code came into effect), and then…