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Review of Ukrainian Supreme Court’s decisions for 14/02/2025

Case No. 916/2749/23 dated 05/02/2025 Subject of Dispute: Invalidation of real estate and land plot sale and purchase agreements between LLC "Financial Company "Central Capital" and LLC "Sauspalm". Main Court Arguments: 1. The plaintiff (LLC "Rubicon-II") filed a claim to invalidate the agreements without claiming restitution, which makes the chosen method of protection ineffective. 2. Invalidating agreements without returning…

Case No. 160/20358/23 dated 06/02/2025

Subject of Dispute: Return of Overpaid Corporate Income Tax Funds Amounting to 325,842,416.84 UAH and Accrued Penalty. Main Court Arguments: The Supreme Court revealed systemic procedural violations in the decisions of previous instances. The courts did not verify key case circumstances: firstly, whether the disputed amount can be considered overpaid, secondly, whether there is indeed no tax…

Case No. 149/1257/24 dated 05/02/2025

Subject of the Dispute: Recovery of Credit Debt from an Individual in Favor of "Bright Investment" Company under a Contract Concluded with OTP Bank. Main Arguments of the Court: The Supreme Court considers that the appellate court incorrectly returned the appellate complaint due to the formal absence of a signature on the lawyer's warrant. The court…

Case No. 910/7497/24 dated 07/02/2025

Subject of Dispute: Recognition of Supplementary Agreement No. 5 dated 03.06.2024 to the Individual Natural Gas Purchase and Sale Contract. Main Arguments of the Court: The Supreme Court considers that the bank's prohibition to make payments under bank guarantees is not directly related to the subject of the claim, violates the rights of the bank and the…

Case No. 916/1728/22 dated 23/01/2025

Subject of Dispute: Invalidation of the Contract for Biological Cleaning of the Inlet Canal and Water Body Release. Main Court Arguments: The court established that the contract is a simulated transaction that actually conceals the transfer of a land plot with a water body for fishery purposes. The Kilia Interdistrict Water Management Department did not have the…

Case No. 922/3929/23 dated 23/01/2025

Here is the translation of the legal text summary: 1. Subject of Dispute: Recovery of debt for completed construction and installation works and accrual of 3% per annum and inflationary losses. 2. Main Court Arguments: - Plaintiff fully completed works for the amount of 17,447,636.11 UAH - Defendant partially paid 12,276,410.67 UAH - Contract terms stipulate that payment depends on…

Review of Draft Laws as of 14/02/2025 1. Draft Law No. 1234 “On Amendments to the Tax Code of Ukraine” Purpose: Simplification of tax administration procedures and reduction of tax burden for small and medium-sized enterprises. Key provisions: – Reduction of single tax rates for individual entrepreneurs – Expansion of tax benefits for innovative enterprises – Simplification of reporting procedures – Introduction of electronic tax declaration system 2. Draft Law No. 5678 “On Environmental Protection and Sustainable Development” Purpose: Strengthening environmental regulations and promoting sustainable economic development. Key provisions: – Establishment of stricter emissions standards – Introduction of economic incentives for green technologies – Creation of mechanisms for carbon emissions trading – Mandatory environmental impact assessments for large industrial projects 3. Draft Law No. 9012 “On Digital Economy and Cybersecurity” Purpose: Regulation of digital economy relations and enhancement of cybersecurity measures. Key provisions: – Legal framework for cryptocurrency and blockchain technologies – Regulation of digital platforms and online services – Strengthening cybersecurity standards – Protection of personal data in digital space Recommended further analysis and expert evaluation of proposed legislative initiatives.

6 Draft Laws Registered: 13017 Draft Law on Amendments to Subsection 13 of Section XXI "Final and Transitional Provisions" of the Customs Code of Ukraine Regarding Support of the Aircraft Industry Initiator: People's Deputy of Ukraine 13016 Draft Law on Amendments to Section XX "Transitional Provisions" of the Tax Code of Ukraine Regarding Support of the Aircraft Industry Initiator:…

Review of Ukrainian legislation for 14/02/2025

Digest of Legislative Changes: 🔹 Mandatory re-medical examination has been introduced for citizens aged 25-60 who were previously recognized as limited fit for military service. The examination period is until June 5, 2025. Does not apply to persons with disabilities. 🔹 The operating procedure for the "Arkan" system for border crossing control has been updated. The system…

On Amendments to the Rules of Navigation and Pilotage of Vessels in the North-Western Part of the Black Sea, the Buh-Dnipro-Lyman and Kherson Sea Channels

This order concerns the renaming and terminology changes in navigation and pilotage rules for vessels in Ukrainian ports and channels. The structure of the order is simple - it amends the existing Rules of Navigation and Vessel Pilotage by replacing old names with new ones, specifically: - VTRS "Ruska Kosa" changed to VTRS "Mykolaiv" - PRRS "Yuzhny" changed…

On Approval of Amendments to the Procedure for Formation, Maintenance and Access to the Register of Psychological Assistance Service Providers for Veterans and Their Family Members

Essence of the Act: The document introduces amendments to the Procedure for Forming and Maintaining the Register of Entities Providing Psychological Assistance to War Veterans and Their Families. The key change is the creation of a special commission for selecting psychological service providers at the Ministry of Veterans Affairs. Structure and Main Provisions: 1. A commission is established…

On Amendments to the Procedures Approved by the Resolutions of the Cabinet of Ministers of Ukraine dated November 8, 2006, No. 1567 and May 19, 2023, No. 513, and Declaring Certain Resolutions of the Cabinet of Ministers of Ukraine as Null and Void

Essence of the Act: The Resolution establishes a new procedure for conducting roadside inspections of vehicles on the roads of Ukraine. The document comprehensively regulates the procedure for stopping vehicles, checking documents, documenting inspection results, and imposing fines for violations. Structure and Main Provisions: 1. The document consists of a general part and three main sections: the procedure…

On the Signing of the Comprehensive Economic Partnership Agreement between the Government of Ukraine and the Government of the United Arab Emirates, the Additional Letter on the Energy Resources Sector, the Additional Letter on the Rules of Origin, and the Record of Interpretation on Trade in Goods

(as it relates to customs rules of origin of goods) Essence of the Act: The order approves the draft comprehensive trade agreement between Ukraine and the UAE. The document includes a main agreement on economic partnership and three additional documents on energy, rules of origin of goods, and trade in goods. The First Vice Prime Minister of…

On Determining the State Institution Authorized to Calculate the Maximum Capacity of Equipment for Ethyl Alcohol and Bioethanol Production

Essence of the Order: The Cabinet of Ministers has designated the state institution "Ukrainian Research Institute of Alcohol and Food Products Biotechnology" as the sole authorized organization for calculating the maximum production capacity of equipment for the production of ethyl alcohol and bioethanol. Structure and Main Provisions: This is a brief order of the Cabinet of Ministers containing…

On Approval of the Procedure for Conducting Psychophysiological Research Using a Polygraph during Special Verification of Foreigners and Stateless Persons

Essence of the Act: The Resolution approves the procedure for polygraph testing of foreigners and stateless persons when they are recruited for military service in Ukraine. The document defines the procedure for such testing, requirements for equipment and specialists, and the main areas of investigation. Refusal to undergo polygraph testing is grounds for rejection of military…

On Approval of the Regulation on the Integrated Interdepartmental Information and Communication System for Monitoring Persons, Vehicles, and Cargo Crossing the State Border

Essence of the Law: The Provision defines the operational procedure of the "Arkan" system - an integrated inter-agency information and communication system for controlling border crossing by individuals, vehicles, and cargo. The system ensures real-time information exchange between various state agencies for national security and economic control purposes. Structure and Main Provisions: 1. The system consists of a…

On Amending the Item 2 of Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding Ensuring the Social Protection Rights of Military Servicemen and Police Officers”

Essence of the Law: The law establishes an obligation for Ukrainian citizens aged 25-60 years who were previously recognized as conditionally fit for military service to undergo a repeated medical examination by June 5, 2025. This does not apply to persons with disabilities. Citizens must independently apply to the relevant authorities to obtain a referral for…

Review of Ukrainian Supreme Court’s decisions for 13/02/2025

Case No. 759/22972/20 dated 04/02/2025 Subject of Dispute: Qualification of actions of a person who committed an open theft of a mobile phone, and the imposed punishment. Main Arguments of the Court: The Supreme Court found that the appellate court did not properly verify evidence regarding the existence of a prior conspiracy of a group of persons…

Case No. 520/1298/23 dated 07/02/2025

Subject of Dispute: Challenging the Order of Dismissal of a Military Serviceman from a Position and Placing Him at the Disposal of the Brigade Commander. Main Arguments of the Court: 1. Under martial law, the command has the right to relocate military servicemen without their consent to complete the Armed Forces. 2. The relocation plan and change in…

Case No. 904/7803/21 dated 28/01/2025

Here is the translation: 1. Subject of Dispute: Dnipro City Council demanded termination of ownership rights and release of unauthorized occupied land by demolishing the "August" restaurant premises. 2. Main Court Arguments: The Supreme Court pointed to the need for thorough verification of case circumstances, specifically: - whether construction/reconstruction was unauthorized; - whether construction rules were observed; - whether construction…
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