Subject of the Dispute: Challenging a Tax Notification-Decision Reducing the Negative VAT Amount by 415,558 UAH.
The court in rendering its decision was guided by the fact that disputes concerning the challenge of tax notification-decisions must be considered under administrative, rather than commercial court proceedings, even if bankruptcy proceedings have been initiated against the taxpayer. The…
Subject of Dispute: Possibility of Appealing a Court Order Refusing to Satisfy a Motion for Enforcement of a Court Decision.
The court was guided by the following arguments: 1) the right to appeal is a constitutional right that cannot be limited by law; 2) the impossibility of appealing an order refusing to satisfy a motion violates…
Subject of the dispute - appealing the appellate court's verdict regarding the conviction of a person for stealing a cable worth 646.80 hryvnias and damaging a telecommunications network. The court was guided by the fact that after the commission of the crime, a new law came into force that decriminalized theft of property worth up…
Anti-dumping Duties on Indian Optical Fiber Cables
The EU has imposed anti-dumping duties ranging from 6.9% to 11.4% on optical fiber cables imported from India, except for the HFCL Group. The measure requires valid commercial invoices and mandatory reporting of cable-km measurements for imports.
Maritime Flag State Requirements Update
The EU has updated requirements for maritime…
This Directive amends Directive 2005/35/EC on ship-source pollution and introduces a comprehensive system of administrative penalties for pollution offences from ships. The act aims to incorporate international standards on pollution from ships into EU law and ensure effective penalties for illegal discharges of polluting substances.The Directive expands the scope of regulated polluting substances to include…
The Directive 2024/3099 amends the existing EU port State control system established by Directive 2009/16/EC. Here are the key aspects:The Directive updates and modernizes the port State control system in the EU by incorporating new international conventions, improving ship risk assessment methods, and enhancing inspection procedures. It aims to ensure ships calling at EU ports…
No new decisions were published today
Subject of the Dispute: Challenging the Refusal of the Ministry of Defense of Ukraine to Pay a Military Serviceman a One-Time Monetary Assistance upon Upgrading Disability Group from III to II after Two Years from the Initial Disability Determination.
The Court was guided by the fact that the statutory limitation of two years for the right…
The court was guided by the fact that since the plaintiff applied for pension assignment in 2023, when new rules for calculating service years were already in effect, these new rules requiring calendar service years should be applied to him. The court emphasized that the mere fact of dismissal from service in 2016 is not…
The subject of the dispute concerns the possibility of recovering procedural expenses from a person who was released from criminal liability due to the expiration of statute of limitations. The court, when rendering its decision, was guided by the fact that civil liability (including reimbursement of procedural expenses) does not violate the presumption of innocence,…
No new legal acts were published today
No new decisions were published today
Here's a review of the three legal acts:
Mali Sanctions Update
The EU has updated its sanctions list concerning Mali, modifying information about three individuals: Ismaël Wagué, Choguel Maïga, and Ibrahim Ikassa Maïga. These persons remain subject to asset freezes due to their involvement in the 2020 coup, obstruction of the political transition, and recent denunciation…
This Regulation amends the rules for de minimis state aid in the agricultural sector of the EU. It increases the ceiling for aid that a single undertaking may receive to EUR 50,000 over any 3-year period and extends the validity of the regulation until December 31, 2032. The national caps for cumulative aid are set…
This Commission Delegated Regulation supplements Regulation (EU) 2023/988 on general product safety by establishing detailed rules for the operation of the Safety Gate Rapid Alert System. It sets requirements for notifications about dangerous products, criteria for risk assessment, and rules for information exchange between Member States through this system.The regulation consists of 3 main articles…
CASE OF RIBÁR v. SLOVAKIA
CASE OF HASMIK KHACHATRYAN v. ARMENIA
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…
The European Court of Human Rights (ECHR) delivered a judgment concerning five applications against Ukraine regarding excessive length of criminal proceedings and lack of effective remedies. The Court found violations of Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention in all cases.The Court…
This judgment concerns multiple applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The Court joined six applications due to their similar subject matter, examining complaints under Articles 3 and 13 of the Convention.The Court found violations regarding poor detention conditions in the Kyiv Pre-Trial Detention Facility, where applicants were held…
The European Court of Human Rights (ECHR) delivered a judgment concerning nine applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The case involves multiple applicants who were detained in various Ukrainian detention facilities, including pre-trial detention centers in Kharkiv and Kropyvnytskyy, and the Zamkova Detention Facility.The Court found violations of…
This judgment concerns seven applications against Ukraine regarding inadequate conditions of detention and lack of effective remedies. The European Court of Human Rights (ECHR) found violations of Articles 3 and 13 of the Convention in all cases.The Court examined complaints from seven applicants who were detained in the Zhytomyr Detention Facility under poor conditions. The…
