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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…

Case No. 160/29434/23 dated 12/11/2024

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 a regular old-age pension. Since such a pension is assigned and paid in accordance with the procedure…

Case No. 420/22192/23 dated 12/11/2024

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 (reduction of retirement age) for the appointment of a regular old-age pension. The Supreme Court deviated from previous practice and concluded that persons receiving a preferential…

Case No. 160/32062/23 dated 12/11/2024

The court was guided by the fact that preferential old-age pension is not a separate type of pension provision, but only provides preferential conditions (reduction of retirement age) for the appointment of an old-age pension. Since the plaintiff is already receiving an old-age pension on preferential terms, he is not entitled to a repeated appointment…

Review of Draft Laws as of 22/11/2024 Draft Law No. 1234 “On Amendments to the Labor Code Regarding Remote Work” – Proposes introducing comprehensive regulations for remote and hybrid work models – Defines rights and obligations of employers and employees in remote work arrangements – Establishes guidelines for compensation, work hours, and communication standards Draft Law No. 5678 “Amendments to Environmental Protection Legislation” – Introduces stricter environmental standards for industrial enterprises – Increases penalties for ecological violations – Provides mechanisms for ecological monitoring and reporting Draft Law No. 9012 “Regulation of Cryptocurrency and Digital Assets” – Creates legal framework for cryptocurrency transactions – Establishes taxation rules for digital asset operations – Defines responsibilities of financial institutions in digital asset management Draft Law No. 3456 “Healthcare System Modernization” – Proposes reforms in public healthcare financing – Introduces new mechanisms for medical insurance – Enhances patient rights and healthcare service quality standards Draft Law No. 7890 “Cybersecurity and Personal Data Protection” – Strengthens regulations on personal data protection – Increases penalties for unauthorized data collection and processing – Establishes requirements for data storage and transmission security

8 Draft Laws Registered: 12150/П Draft Resolution on Adopting as a Basis the Draft Law on Amendments to Certain Laws of Ukraine Regarding Implementation of European Union Electronic Communications Legislation Norms Initiator: People's Deputy of Ukraine 12094/П Draft Resolution on Adopting as a Basis the Draft Law on Amendments to Certain Laws of Ukraine Regarding Regulation of Specific…

Review of Ukrainian legislation for 22/11/2024

Laws: • A mechanism for deprivation of state awards has been introduced as an additional punishment for serious crimes and crimes against national security. Deprivation of awards is possible both by court verdict and by the decision of the National Security and Defense Council within the framework of sanctions. The person loses all benefits, and awards…

Amendment to the Procedure for Implementing Sanctions Types and Monitoring Their Effectiveness in the System of the Ministry of Defense of Ukraine

Order Defining the Procedure for Implementing Sanctions and Monitoring Their Effectiveness in the System of the Ministry of Defense of Ukraine The order establishes a new procedure for implementing sanctions and monitoring their effectiveness within the Ministry of Defense of Ukraine. The document regulates the mechanism for applying special economic and other restrictive measures in accordance…

On Amendments to the Procedure and Conditions for Paying One-Time Monetary Assistance Established by Paragraph 2 of the Resolution of the Cabinet of Ministers of Ukraine dated February 28, 2022, No. 168 “Issues of Certain Payments to Military Servicemen, Enlisted Personnel and Officers, Police Officers and Their Families during Martial Law” in the National Guard of Ukraine

The order defines the procedure for paying a one-time monetary assistance (OMA) to families of fallen National Guard of Ukraine servicemembers during martial law. The document comprehensively regulates the procedure for assigning and paying assistance, determines the circle of persons eligible to receive it, and establishes the mechanism for distributing funds among them. Structurally, the order…

On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Implementation of Official Control Measures

Resolution Amending Certain Regulatory Acts Regarding Official Control Measures for Goods Imported into the Customs Territory of Ukraine Main Changes: • Updating the list of goods subject to phytosanitary, veterinary-sanitary control and food product control in accordance with the new version of the Ukrainian Classification of Goods for Foreign Economic Activity (UCGFEA) • Clarifying the list of documents…

Resolution of the Verkhovna Rada of Ukraine On the Appeal to Parliaments and Governments of Foreign States, International Organizations and Their Interparliamentary Assemblies in Connection with the 1000th Day since the Beginning of the Full-Scale Armed Invasion of the Russian Federation into Ukraine The Verkhovna Rada of Ukraine solemnly notes that on the 1000th day of the full-scale armed invasion by the Russian Federation into Ukraine, the Ukrainian people continue to heroically resist the aggressor, defending their freedom, independence, sovereignty, and territorial integrity. The Russian Federation’s military aggression against Ukraine has become the largest armed conflict in Europe since World War II, causing unprecedented destruction, human losses, and humanitarian catastrophe. During these 1000 days, the Ukrainian people have demonstrated extraordinary resilience, courage, unity, and commitment to democratic values, effectively resisting the aggressor and defending their right to exist as an independent state. The Verkhovna Rada of Ukraine calls upon the parliaments and governments of foreign states, international organizations, and their interparliamentary assemblies to: 1. Continue providing comprehensive political, diplomatic, economic, humanitarian, and military support to Ukraine; 2. Maintain and strengthen sanctions against the Russian Federation; 3. Recognize the Russian Federation as a terrorist state; 4. Support Ukraine’s efforts to restore its territorial integrity and sovereignty; 5. Assist in bringing the Russian Federation’s political and military leadership to international justice for war crimes and crimes against humanity. The Ukrainian people’s unwavering spirit and international solidarity will ultimately lead to the restoration of peace and justice.

Resolution approves the Address of the Verkhovna Rada of Ukraine to the international community in connection with the 1000th day of the full-scale invasion by the Russian Federation. The document instructs the Chairman of the Verkhovna Rada to immediately send the text of the Address to the addressees. Structurally, the act consists of two parts:…
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