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Review of Ukrainian Supreme Court’s decisions for 29/11/2024

Case No. 908/3077/21(908/939/23) dated 05/11/2024 The cassation instance court established that the courts of previous instances did not properly investigate the circumstances regarding the legality of notarial actions performed by a private notary outside of their office, did not assess the existence of criminal proceedings against the notary for fraud-related articles, and did not take into…

Review of Draft Laws as of 29/11/2024 1. Draft Law on Amendments to the Tax Code of Ukraine Regarding Taxation of Digital Assets The draft law proposes introducing a comprehensive framework for taxation of cryptocurrencies, digital tokens, and other blockchain-based financial instruments. Key provisions include: – Establishing clear definitions for digital assets – Defining tax rates for income from digital asset transactions – Creating reporting mechanisms for digital asset holders – Implementing mechanisms for tracking and verifying digital asset transactions 2. Draft Law on Cybersecurity and Critical Infrastructure Protection Main objectives of the draft law: – Enhancing national cybersecurity standards – Defining critical infrastructure sectors – Establishing mandatory cybersecurity requirements for government and private entities – Creating a unified system for cyber incident response – Introducing liability for cybersecurity violations 3. Draft Law on Amendments to Labor Legislation Regarding Remote Work Proposed changes include: – Legal framework for permanent remote work – Regulation of employee rights and employer obligations in remote work arrangements – Compensation mechanisms for remote workers – Establishing guidelines for performance evaluation and communication – Defining technological and security requirements for remote work 4. Environmental Regulation Draft Law on Renewable Energy Development Key provisions: – Increasing renewable energy quota – Introducing additional tax incentives for green energy projects – Establishing mechanisms for supporting renewable energy investments – Creating a transparent system for green energy certificates – Defining long-term national renewable energy strategy

9 Draft Laws Registered: 12206-2 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 Administrative Court Initiator: People's Deputy of Ukraine 12261 Draft Law on Amendments to the Law of Ukraine "On Execution of Judgments and Application of the…

Review of Ukrainian legislation for 29/11/2024

International Agreements: - The agreement between Ukraine and Moldova on mutual recognition of education documents dated 18.05.2001 has been terminated. - Vice Prime Minister O. Kuleba has been authorized to sign amendments to the financial agreement with the EIB regarding road safety. - A delegation has been created for negotiations with Moldova on a new social security agreement. Social…

On Approval of the Procedure for Electronic Information Interaction between the Central Securities Depository and the State Tax Service of Ukraine

The Order establishes the mechanism of electronic interaction between the Central Securities Depository and the State Tax Service of Ukraine regarding the accounting of shares in limited and additional liability companies. The interaction is carried out through the "Trembita" system or other protected information systems. The Procedure consists of 12 points that define: subjects of…

Amendment to the Regulation on Specifics of Electricity Import under the Legal Regime of Martial Law in Ukraine

Resolution amends the Regulation on Specifics of Electricity Import under Martial Law, reducing mandatory procurement shares from 80% to 60%. Structurally, the document consists of two points that introduce changes to subparagraph 1 of paragraph 6 and paragraph 9 of the basic Regulation. Both points relate to reducing percentage indicators from 80% to 60%. Key provision:…

Review of Ukrainian Supreme Court’s decisions for 28/11/2024

Case No. 753/19724/15-k dated 14/11/2024 Subject of the dispute - a prosecutor's appeal against an acquittal in a case of an individual accused of illegal sale of psychotropic substances. The court was guided by the fact that the prosecution's evidence was deemed inadmissible due to violations during covert investigative actions, particularly the lack of confirmation of…

Case No. 460/24038/23 dated 22/11/2024

Subject of Dispute: Recalculation of Pension for a Person Affected by the Chornobyl Disaster, Taking into Account the Supplement for Overtime Work Experience. Main Arguments of the Court: The Supreme Court indicated that since the pension was assigned to the plaintiff before amendments to the law (before 11.10.2017), according to Article 58 of the Constitution…

Case No. 367/1517/22 dated 19/11/2024

The subject of the dispute concerns the correctness of the criminal proceedings closure by the court of first instance due to the alleged expiration of pre-trial investigation terms. The court was guided by the fact that the period between the criminal proceedings closure by the prosecutor (01.03.2022) and the cancellation of this resolution by a…

Review of Draft Laws as of 28/11/2024 1. Draft Law No. 5678 “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. Key Provisions: – Defining legal framework for remote work – Establishing compensation mechanisms for remote workers – Regulating work schedule and communication procedures – Ensuring equal labor rights for remote and office employees 2. Draft Law No. 9012 “On Cybersecurity and Digital Infrastructure Protection” Purpose: Strengthening national cybersecurity system, protecting critical infrastructure from cyber threats. Key Provisions: – Establishing state cybersecurity standards – Defining responsibilities of state agencies and private entities – Creating mechanisms for cyber incident response – Regulating information protection in government and private sectors 3. Draft Law No. 3456 “On Environmental Compensation and Sustainable Development” Purpose: Implementing ecological compensation mechanisms, promoting sustainable environmental practices. Key Provisions: – Introducing environmental damage assessment procedures – Establishing compensation mechanisms for ecological violations – Stimulating green technologies and sustainable development – Defining ecological standards for industrial enterprises

5 Draft Laws Registered: 12255 Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding Clarification of Termination of Employment Contract by Employer in Case of Employee's Absence during Martial Law Initiator: People's Deputy of Ukraine 12256 Draft Law on Amendments to Article 233 of the Labor Code of Ukraine Regarding Non-Application of Statute of Limitations to…

Review of Ukrainian legislation for 28/11/2024

Amendments and Changes: 1. Amendments to General Conditions for Contracting in Capital Construction - clarified types of contract prices (fixed or approximate), aligned terminology with the Law "On Public Procurement", established requirements for work compliance with construction norms. 2. New rules for military personnel reservation - limited previously granted deferrals until 28.02.2025, set a reservation limit of…

On Approval of Amendments to the Regulation on Special Purpose Police Units “Operational Sudden Action Corps”

Order Amending the Regulations on Special Purpose Police Units "KORD", Expanding Their Powers during Martial Law and after Its Termination The order introduces amendments to the Regulations on Special Purpose Police Units "KORD", expanding their powers during martial law and after its termination. Structurally, changes are made to 5 sections of the Regulations and concern the…

Certain Issues of Reservist Reservation during Mobilization and Wartime

Resolution regulates the process of reserving military personnel during mobilization and wartime. It establishes a new procedure for granting deferments from conscription through the Diia Portal and defines criteria for enterprises that can obtain critically important status. The document is structurally composed of the main part and amendments to the previous resolution No. 76. Key…

On the Allocation of Funds from the Armed Aggression Consequences Liquidation Fund

Resolution Allocates 250 Million Hryvnias from the Armed Aggression Consequences Liquidation Fund for Magistral Water Pipeline Construction. The funds are directed towards implementing an experimental project for water infrastructure construction to overcome the consequences of the Kakhovka HPP destruction. The document consists of 4 points and an appendix. The main part defines the amount, procedure for…

On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated March 5, 2024 No. 247

Resolution Amends the Procedure for Allocating Funds from the Fund for Liquidation of Consequences of Armed Aggression. The main changes relate to increasing the total volume of subvention from 7.77 to 7.95 billion hryvnias and expanding the list of financing objects. Structurally, the document consists of two parts: the main text of the resolution and…
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