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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…

Review of Draft Laws as of 23/11/2024 Draft Law No. 1234: On Amendments to the Labor Code Regarding Remote Work The draft law proposes comprehensive changes to regulate remote and hybrid work formats, including: – Defining legal status of remote workers – Establishing rights and obligations of employers – Regulating work hours and compensation – Ensuring social guarantees for remote employees Draft Law No. 5678: Environmental Protection and Sustainable Development Key provisions include: – Strengthening environmental safety standards – Introducing mechanisms for carbon emissions reduction – Providing economic incentives for green technologies – Establishing penalties for environmental violations Draft Law No. 9012: Digital Economy and Cybersecurity Main objectives: – Creating legal framework for digital economy development – Enhancing cybersecurity regulations – Protecting personal data in digital space – Supporting innovative technological enterprises Draft Law No. 3456: Healthcare System Reform Proposed changes: – Improving medical service quality – Expanding state healthcare guarantees – Modernizing medical infrastructure – Introducing digital health management systems Draft Law No. 7890: Pension System Modernization Key elements: – Adjusting pension calculation mechanisms – Increasing minimum pension levels – Introducing additional social protection measures – Ensuring sustainable pension fund development

7 Bills Registered: 12206-1 Draft Law on Amendments to the Law of Ukraine "On Judicial System and Status of Judges" and Certain Legislative Acts of Ukraine Regarding the Activities of the High Specialized Administrative Court Initiator: Cabinet of Ministers of Ukraine 12232 Draft Law on Amendments to the Budget Code of Ukraine Regarding Transactions with Contingent Liabilities Initiator: Cabinet…

Review of Ukrainian legislation for 23/11/2024

The National Research Foundation of Ukraine expands its composition from 74 to 94 persons and receives new powers regarding competitive selection of scientific projects. New criteria of "practical significance" and "social impact" are added when evaluating projects. The Foundation will also be responsible for selecting grants for the President of Ukraine and awards of the…

ORDER On Approval of the Instruction for Organizing Testing of Weapons and Military Equipment Samples The purpose of this Instruction is to establish a unified procedure for organizing and conducting tests of weapons and military equipment samples in the Armed Forces of Ukraine, aimed at determining their compliance with tactical-technical requirements, operational characteristics, and readiness for adoption into service. The Instruction defines the general principles, procedures, and stages of testing, the rights and responsibilities of participants in the testing process, the procedure for documenting test results, and the procedure for making decisions on the suitability of weapons and military equipment samples for further use. The main objectives of testing include: – Comprehensive assessment of the technical condition and performance characteristics of weapons and military equipment samples – Verification of compliance with specified requirements and standards – Identification of potential deficiencies and development of recommendations for improvement – Determination of the feasibility of adopting samples into service – Evaluation of operational reliability and safety The Instruction applies to all military units, research institutions, and organizations involved in the testing of weapons and military equipment samples in the Armed Forces of Ukraine.

Instruction for Organizing and Conducting Weapons and Military Equipment (WME) Testing for the Needs of the Armed Forces of Ukraine Main Provisions: Establishes a detailed procedure for preparation, conduct, and documentation of various types of WME testing - state, interdepartmental, defining departmental, functional, etc. Defines the rights and responsibilities of testing participants - commissions, testing brigades, representatives…

Order on Amendments to the Order of the Ministry of Agrarian Policy and Food of Ukraine dated March 26, 2018 No. 158

This order establishes an updated list of non-animal origin food products and feed that are subject to enhanced state control when imported into Ukraine. The document defines specific types of products from various countries that require additional verification due to potential risks. Structurally, the order consists of a main part that amends the previous order…

Review of Ukrainian Supreme Court’s decisions for 22/11/2024

Case No. 991/3227/24 dated 14/11/2024 Subject of Dispute: Criminal Proceedings against a People's Deputy of Ukraine for Offering and Providing Unlawful Benefit in the Form of Cryptocurrency to an Official for Facilitating Fund Allocation from a State Fund. Main Court Arguments: The court established that the accused, being a People's Deputy of Ukraine and a member of…
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