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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE IN THE CASE ON THE CONSTITUTIONAL COMPLAINT OF KYRYL ANDRIIOVYCH BURMA REGARDING THE COMPLIANCE WITH THE CONSTITUTION OF UKRAINE (CONSTITUTIONALITY) OF THE PROVISIONS OF ARTICLE 51 OF THE CIVIL CODE OF UKRAINE (CONCERNING CONSTITUTIONAL GUARANTEES OF RIGHTS OF INDIVIDUAL ENTREPRENEURS)

This decision of the Constitutional Court of Ukraine concerns the constitutionality of Article 51 of the Civil Code of Ukraine, which stipulates that normative legal acts regulating the activities of legal entities shall apply to entrepreneurial activities of individuals, unless otherwise established by law. Structurally, the decision consists of an analysis of three main issues: 1. Whether…

Amendment to Item 31-1 of the Procedure for Using Funds from the Reserve Budget Fund

Resolution amends the Procedure for Using Reserve Fund Budget Funds, expanding the possibilities of its use for measures related to strengthening the state's defense capability. Structurally, the document contains only one change - supplementing paragraph 31-1 of the Procedure for Using Reserve Fund Budget Funds with the words 'with strengthening the state's defense capability'. The…

On Conferring an Honorary Name to the 65th Separate Mechanized Brigade of the Land Forces of the Armed Forces of Ukraine

By the Decree of the President of Ukraine, an honorary name has been awarded to the 65th Separate Mechanized Brigade of the Land Forces of the Armed Forces of Ukraine. From now on, the full name of the unit is the 65th Separate Mechanized Brigade "Velykyi Luh" of the Land Forces of the Armed Forces…

On the Extension of Deferment Periods from Military Service Call-up during Mobilization

Resolution regulates the issue of automatic extension of military service deferments during mobilization, which were previously granted to conscripts through the Ministry of Economy or the "Diia" portal. The document consists of two main points: the first establishes automatic extension of deferment periods for one month (but no later than February 28, 2025), the second…

Review of Draft Laws from 23/12/2024 – 30/12/2024

12 Draft Laws Registered: 12299-1 Draft Law on Amendments to Article 255 of the Code of Ukraine on Administrative Offenses, Articles 222-1 and 222-2 of the Criminal Code of Ukraine and Certain Laws Regarding Improvement of Legislation in the Sphere of Preventing Abuse in the Wholesale Energy Market Initiating Subject: People's Deputy of Ukraine 12364 Draft Law on…

Review of Ukrainian legislation for 23/12/2024 – 30/12/2024

Key Changes in Legislation: Social Sphere Changes: - When calculating the average monthly family income for social assistance, "net" salary after personal income tax and military levy deduction is now taken into account. - 74.6 million UAH in subvention allocated to local budgets to improve hot meal quality for primary school students. - 24.5 million UAH allocated to compensate…

Review of Ukrainian Supreme Court’s decisions for 30/12/2024

Case No. 522/9421/22 dated 16/12/2024 The Court of Cassation Instance noted that the courts of first and appellate instances incorrectly included the period between the closure of criminal proceedings and the cancellation of the closure order in the pre-trial investigation period. The Supreme Court referred to the legal position of the Joint Chamber of the Criminal…

Review of Draft Laws as of 29/12/2024 1. Draft Law No. 5678 “On Amendments to the Tax Code of Ukraine” Purpose: Introducing tax incentives for small and medium-sized enterprises, simplifying tax administration, and reducing the tax burden on businesses. Key Provisions: – Reduction of single tax rates for individual entrepreneurs – Expansion of tax benefits for innovative enterprises – Simplification of tax reporting procedures – Introduction of additional tax credits for investments in technological development 2. Draft Law No. 9012 “On Cybersecurity and Digital Infrastructure Protection” Purpose: Enhancing national cybersecurity mechanisms and establishing comprehensive regulations for digital infrastructure protection. Key Provisions: – Defining critical information infrastructure objects – Establishing mandatory cybersecurity standards for government and private sector entities – Creating a national cybersecurity incident response system – Introducing liability for cybersecurity violations 3. Draft Law No. 3456 “On Environmental Protection and Sustainable Development” Purpose: Strengthening environmental regulations and promoting sustainable development practices. Key Provisions: – Introducing stricter environmental standards for industrial enterprises – Establishing mechanisms for carbon emissions reduction – Providing economic incentives for green technologies – Expanding renewable energy support programs Recommendations: Further legislative analysis and expert consultation recommended.

No updates of law bills.

Review of Ukrainian Supreme Court’s decisions for 28/12/2024

Case No. 824/105/24 dated 19/12/2024 The court refused to cancel the arbitration decision because the defendant company did not object to the appointed arbitrator during the arbitration proceedings and did not challenge him, but attempted to challenge only after losing the case. Moreover, the company itself had previously proposed arbitrator candidates who were Ukrainian citizens, and…

Case No. 640/373/21 dated 23/12/2024

The Court concluded that the restriction on the payment of one-time financial assistance only within two years after the initial establishment of disability contradicts the Constitution of Ukraine. The Supreme Court deviated from previous practice and indicated that such restrictions cannot be applied, as they violate the principle of the rule of law and constitutional…

Case No. 826/8394/18 dated 23/12/2024

The court was guided by the fact that limiting the right to receive a higher amount of assistance only within two years after the initial establishment of disability contradicts the Constitution of Ukraine, as it unjustifiably restricts the right of servicemen to social protection. This is confirmed by the Decision of the Constitutional Court dated…

Case No. 640/8580/21 dated 23/12/2024

The court was guided by the fact that the restriction on benefit payments only within two years after the initial establishment of disability contradicts the Constitution of Ukraine, as it disproportionately limits the right to social protection of servicemembers. The Supreme Court deviated from previous practice and decided that such restrictions cannot be applied, as…
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