Are the results of scheduled document checks, which were conducted between March 18, 2020 and December 8, 2023, legal? The position of the Supreme Court.
Despite the continuation of the quarantine, starting from February 3, 2021, tax officials began to actively conduct scheduled documentary inspections of business entities
22/02/2024
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About the possibility of depriving a person of the right to drive a car if he does not have such a right
In today's conditions, having a driver's license is no longer considered a luxury, but a purely everyday option
25/01/2024
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Defamation disputes
Social networks provide an opportunity for each person to express their own opinion, give their own assessment of a certain event, share a review of a particular organization or report interesting facts about a specific person
16/01/2024
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Changes regarding the procedure for calculating the terms of the pre-trial investigation and grounds for closing criminal proceedings
On January 1, 2024, the Law of Ukraine "On Amendments to the Criminal Procedural Code of Ukraine and other legislative acts of Ukraine on strengthening the independence of the Specialized Anti-Corruption Prosecutor's Office", which, in particular, made changes to the procedure and terms pre-trial investigation and grounds for making a decision to close criminal proceedings.
09/01/2024
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Compensation for deposits in bankrupt banks through Diya
Most recently, Diya, in cooperation with the Individual Deposit Guarantee Fund, launched a new service that made it possible to apply for a refund of your deposit
28/12/2023
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Removing a publication from the Internet as an effective way to protect a person's personal non-property right
In light of the expansion of information technology, any person can distribute any information to a large number of people. However, this "freedom of action" can often lead to misuse of this opportunity
12/12/2023
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Regulation of legal relations in the field of packaging waste generation
On its way to European integration, Ukraine continues to harmonize regulatory regulation with EU standards. It is time to regulate legal relations in the field of packaging waste generation.
08/12/2023
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Peculiarities of using other people's images in public space
Understanding the importance of the problem of using someone else's image, national and international courts have recently expressed their legal positions on this issue.
28/11/2023
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Principles of Agile management in IT projects in the execution of government orders in Ukraine
A sign of the IT company's professionalism is the use of the Agile methodology in project management. And not for nothing, since this methodology has proven its effectiveness quite a long time ago.
27/11/2023
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Settlement of mortgage and credit relations in war conditions
The issue of regulating mortgage and credit relations has been quite acute since the beginning of the full-scale invasion
21/11/2023
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About changes in the Criminal and Criminal Procedure Codes of Ukraine
According to the conclusions of the Supreme Court, the norms of the Special part of the Criminal Code of Ukraine should be harmonized with the norms of the General part, and the structural division of the Code should be considered as a coherent codified normative act, and not as separate parts with a purely formal connection
02/11/2023
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Artificial intelligence and law, advantages and disadvantages
Recently, Ukraine began to actively use artificial intelligence (hereinafter - AI), which helps both specialists in various fields and ordinary people.
27/10/2023
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The Grand Chamber of the Supreme Court changed the approach to the procedure for dismissing the head of the company
Usually, according to the general principle enshrined in Article 38 of the Labor Code, termination of an open-ended employment contract at the initiative of the employee requires that the employee notify his employer of his intention to terminate the contract at least 14 days before the desired termination date
27/10/2023
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Return of lifetime financial monitoring of politically significant persons.
Financial monitoring is an integral part of the life of persons who hold important government positions, or as they are called - "Politically Exposed Persons".
27/10/2023
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Another step towards the formalization of relations in the IT sphere
The Verkhovna Rada of Ukraine adopted the law "On digital content and digital services on the market of IT services in Ukraine"
10/10/2023
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Legal consequences of canceling quarantine
On June 30, 2023, Resolution No. 651 of the CMU entered into force, canceling the quarantine imposed in Ukraine on March 12, 2020 to prevent the spread of COVID-19
10/10/2023
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To be, or not to be: that is the question... or liability for signature forgery
Today, despite the active transition to electronic document circulation, paper documents are still used by the majority of state institutions and enterprises
28/09/2023
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On improving the procedure of executive proceedings and the responsibility of executors
Quite often, executors impose an arrest not on a part, but on all of the debtor's funds
25/09/2023
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Exposed a corrupt official - received a reward
On September 6, the Unified whistleblower reporting portal became operational. The portal was created in order for citizens to have the opportunity to report facts of corruption or other violations of the Law "On Prevention of Corruption" to the NAKC
19/09/2023
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Procedure of special investigation in absentia.
The "in absentia" procedure is a special procedure of criminal proceedings (pre-trial investigation and trial) in the absence of the suspect or the accused
15/09/2023
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Increasing control over the activities of ARMA
As established by the Temporary Investigative Commission of the Verkhovna Rada of Ukraine, ARMA has up to a thousand assets worth 80 billion hryvnias. At the same time, ARMA concluded only 10 asset management contracts in 2022.
31/08/2023
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It will become more difficult to acquire Ukrainian citizenship
On October 27, 2023, the amendments to the laws of Ukraine "On the Citizenship of Ukraine" and "On Ensuring the Functioning of the Ukrainian Language as a State" in the part related to the acquisition of Ukrainian citizenship will enter into force.
29/08/2023
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The return of the indictment is not a reason for resuming the pre-trial investigation
Since 1960, the prosecution used loopholes in the Criminal Procedure Code and, upon returning an indictment, conducted an additional investigation and attached newly discovered evidence.
17/08/2023
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Legislative changes regarding the protection of the financial system of Ukraine from the aggressor country
Since the beginning of the full-scale invasion of Russia into Ukraine, there has been an urgent need to eliminate the influence of the occupier on our financial system, because some banks and other financial institutions in our country were directly or indirectly managed by citizens of the Russian Federation.
15/08/2023
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Changes in the use of leave due to pregnancy and childbirth
On July 13, 2023, the Verkhovna Rada in its draft law No. 9271 approved changes to the use of leave in connection with pregnancy and childbirth.
08/08/2023
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Obstruction of legitimate professional activities of journalists
The goal of journalism is to objectively and comprehensively inform society about social activity and the sphere of life.
03/08/2023
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Simplifying access to free legal aid
Free legal aid is state-guaranteed legal services for all persons who are in the territory of Ukraine on legal grounds (primary legal aid) and certain categories of persons (secondary legal aid) fully or partially at the expense of the state.
25/07/2023
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Marriage contract
In Ukraine, conversations between spouses regarding the marriage contract are associated with mistrust, and sometimes with the artificiality of marriage as such.
20/07/2023
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English as the language of international communication in Ukraine
On June 28, 2023, the Verkhovna Rada of Ukraine registered the draft Law of Ukraine "On the Use of the English Language in Ukraine"
18/07/2023
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Digitization of executive proceedings
On June 7, 2023, the Verkhovna Rada of Ukraine registered the project of the Law "On Amendments to Certain Laws of Ukraine Regarding Digitalization of Executive Proceedings", which was developed by the Cabinet of Ministers, in particular the Ministry of Justice.
14/07/2023
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Extension of the permit to store (carry) gas weapons during martial law
It is no secret that citizens of Ukraine have the right to legally own certain types of weapons, which can be used for sporting purposes, hunting, for self-defense and protection of one's own home, as well as other purposes not prohibited by the legislation of Ukraine.
29/06/2023
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How the conflict of tax legislation led to fines for late registration of tax invoices
Recently, according to the results of tax audits, fines were imposed on taxpayers for late registration of tax invoices made before 05/27/2022, however, the question arises whether such fines are legal?
27/06/2023
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An effective method of defense in a dispute over the invalidation of a deed
Recognizing the deed as invalid is one of the ways to protect the violated right, which is provided for by the Civil and Economic Codes of Ukraine
23/06/2023
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European values and standards are becoming closer to Ukrainian consumers
On June 10, 2023, a new Law of Ukraine "On the Protection of Consumer Rights" was adopted, which will replace the current Law with the same name, which was adopted more than thirty years ago and, in fact, does not meet modern challenges.
20/06/2023
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International standards of conduct of judges
At the international level, the standards of conduct of judges have been in force for many years, which were reflected in the Bangalore Principles, approved by a resolution of the Economic and Social Council of the United Nations.
15/06/2023
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"Risk" connections
There is probably no enterprise in Ukraine that has never gotten into trouble due to cooperation with a counterparty to which the State Tax Service assigned signs of "riskiness". Until recently, information about the existence of such a status of a taxpayer was closed, and when choosing a counterparty, one had to be guided only by his honest word that he had no problems with the tax system.
06/06/2023
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The period of subsoil use has been extended
In accordance with the current legislation of Ukraine, mineral extraction takes place on the basis of special permits for the use of subsoil, which are of a temporary nature. However, starting from February 24, 2022, some economic entities lost the possibility of using the subsoil in connection with hostilities or the temporary occupation of part of the lands of Ukraine by Russian invaders.
11/05/2023
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Misfeasance
The fight against officials who steal state property or profit from procurement procedures is gaining momentum in Ukraine. Corrupt elements and schemes are exposed, and punishment is increasingly applied to the guilty.
09/05/2023
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Control as the main supporting force of virtual assets
We have already talked about virtual assets and their role in securing an obligation. Today, let's dwell in more detail on the concept of "control" in guaranteeing proper contractual discipline with such assets.
02/05/2023
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The right to a fair trial
"Choosing an inappropriate and/or ineffective method of defense is an independent and self-sufficient reason for rejecting the claim", - this legal conclusion was reached for the first time by the Supreme Court of Justice in the resolution dated 31.10.2018 in case 367/6105/16-ts and it was and continues to be applied courts of various instances, including the courts of cassation, which also made efforts to form a legal position regarding the protection of the right.
01/05/2023
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Not all counterfeiting is a crime
Ukraine is rapidly moving towards minimizing the use of paper documents through the introduction of electronic document management among state bodies, but document forgery is still one of the most common criminal offenses.
01/05/2023
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A few words about secured virtual assets
We have already noted that virtual assets, that is, those that exist in digital form and can be transferred, stored and processed with the help of information technology, are a new phenomenon in the market of financial instruments.
07/04/2023
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Peculiarities of mortgage foreclosure during martial law (for creditor)
Taking into account the suspension during the martial law and thirty days after its termination of foreclosure on property owned by individuals and mortgaged under consumer loans, the question arises as to what legal mechanisms for the protection of their rights currently remain with mortgage holders of such property.
06/04/2023
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Peculiarities of mortgage foreclosure during martial law (for the debtor)
A mortgage is a type of guaranteeing the fulfillment of an obligation, along with other methods, such as penalty, deposit, surety, guarantee, etc. Meanwhile, in society, mortgages are most often associated with lending for the purchase of housing.
30/03/2023
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Grounds and conditions for applying a sanction in the form of collection of state income, main aspects (Part III)
It should be said that the grounds for the application of each of the specified Art. 4 of the Law of Ukraine "On Sanctions", the types of sanctions are different, for the application of a sanction in the form of confiscation of assets into the state income...
24/03/2023
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General essay on virtual assets
If the question "Do you have bonus miles for the flight?" If you answered yes, then congratulations: you are the happy owner of a virtual asset. The latter, of course, is not limited to discounts on goods.
24/03/2023
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Collection of state income as one type of sanction. (Part II)
The legitimate purpose of this type of sanction is to ensure control over the assets of a person who poses a potential threat to the state and its sovereignty; stopping the aggression against Ukraine and targeting the financial capabilities of the "supporters" of Russian peace.
14/03/2023
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Compensation for damaged and destroyed real estate
As a result of hostilities - shelling and explosions in Ukraine, many residential buildings, schools, kindergartens, hospitals and other facilities were destroyed. Such losses have serious consequences for the inhabitants of the country, in particular for people who were forced to leave their homes and move to other places, or were left without a home at all.
09/03/2023
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Sanctions and everything you need to know about them (Part I)
First of all, it should be noted that the legal basis of the mechanism for applying sanctions is the Law of Ukraine "On Sanctions" dated 14.08.2014 No. 1644-VII, to which the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Increasing the Effectiveness of Sanctions, "related to the assets of individuals" dated 05/12/2022. No. 2257-IX, amended.
07/03/2023
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WARNING! Rejection of the economic code
Yes, yes, this is not a joke! As early as September 9, 2021, the draft Law on the Peculiarities of Regulation of Entrepreneurial Activities of Certain Types of Legal Entities and Their Associations in the Transition Period was published on the official website of the Verkhovna Rada (Register No. 6013).
02/03/2023
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Internet and search engines
Internet sites are information and communication tools that are significantly different from print media, especially in their ability to store and transmit huge amounts of information.
28/02/2023
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Affirmation of Ukrainian national and civil identity
Today, in the conditions of the heroic resistance of the people of Ukraine against the armed aggression of the Russian Federation, the issue of not only the awareness of Ukrainians of their national and civic identity, which has been suppressed and "eroded" for many years, but also its affirmation has acquired special meaning.
24/02/2023
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Grounds and conditions for reducing the mandatory share in the inheritance
At first glance, the procedure for accepting an inheritance is simple, but it hides many pitfalls. Usually, inheritance is an eternal and never-ending struggle for division into "Yours" and "Ours". And only by knowing certain legal norms regarding inheritance, you can avoid misunderstandings between heirs.
21/02/2023
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Technological progress, algorithms and artificial intelligence
Is it possible to avoid a modern person without a smartphone? Maybe no. Perhaps you are reading this information right now, using a mobile gadget. Today, the latter are equipped with the functions of recognizing fingerprints, face, voice, etc., which process and store the specified data when accessing them.
13/02/2023
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About the prohibition of controversial behavior and its practical application
According to a subjective impression, in the dispute between the spirit of the law and the letter of the law, the spirit of the law is increasingly winning. An example of this is the widespread application by the courts of the legal doctrine of the prohibition of contradictory conduct, which is based on the principle of good faith.
13/02/2023
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Duties of keeping military records at the enterprise
From the moment of the beginning of the full-scale aggression of the Russian Federation, the system of military reservation in Ukraine began to operate. Military accounting is a component of the content of the mobilization preparation of the state. On January 5, 2023, Cabinet Resolution No. 1487 of December 30, 2022 "On Approval of the Procedure for Organization and Maintenance of Military Records of Conscripts, Conscripts, and Reservists" entered into force. Responsibility for conscripts or conscripts now rests not only on the military commissariat, but also on state self-government bodies, enterprises and institutions that hire or release men.
03/02/2023
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Children and the obligation to provide biometric data
The ongoing war in Ukraine prompts the regulation of many spheres of life and the introduction of control measures taking into account the realities of today. The activity of the state regarding the collection, processing and use of biometric data of citizens of Ukraine, stateless persons and foreigners temporarily staying on the territory of Ukraine was no exception.
03/02/2023
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Novelties in the registration and re-registration of vehicles
Digitization of Ukraine is gaining momentum even in times of war. On September 10, 2022, the Cabinet of Ministers approved Resolution No. 1090, which amends the legislation on vehicles, and in particular, Resolution 1299 of the Cabinet of Ministers of Ukraine on issues of issuing driver's licenses and allowing citizens to drive vehicles.
30/01/2023
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Alimony during martial law
Alimony is a mandatory payment that goes to the family to support a minor or a family member who needs it. In case of divorce or in case of evasion of their direct obligation to support the child, one of the parents is obliged by law to pay a certain amount every month. According to the current legislation, alimony is collected in a mandatory manner if the child has not yet reached the age of majority, that is, 18 years old, and in the case of education - 23 years old.
17/01/2023
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Introduction of mandatory registration and use of electronic offices for participation in court proceedings
In November 2022, the Verkhovna Rada of Ukraine adopted in the first reading the draft Law on the mandatory registration and use of electronic offices in the Unified Judicial Information and Telecommunication System (EUITS) by certain categories of persons.
16/01/2023
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Pros and cons of the new law on the purchase and sale of real estate in new buildings
On October 10, 2022, the Law of Ukraine "On guaranteeing property rights to real estate objects that will be built in the future" entered into force, which is designed to strengthen guarantees for persons who intend to purchase real estate objects in new buildings.
27/12/2022
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Departure of men abroad during martial law
Immediately after the beginning of the full-scale aggression of the Russian Federation, the Cabinet of Ministers introduced restrictions on the departure of conscript men aged 18 to 60. However, among them there are separate categories for which freedom of movement is preserved.
22/12/2022
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Mobbing
The concept of mobbing was first interpreted and researched by German psychologist Heinz Leimann in the early 1980s. For several years, he studied the behavior of office workers, their relationships and psychological state. The research identified and described more than 40 types of mobbing, including: spreading rumors, mockery, criticism, threats, etc.
20/12/2022
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Legislative changes regarding the protection of the financial system of Ukraine from the aggressor country
Since the beginning of the full-scale invasion of Russia into Ukraine, there has been an urgent need to eliminate the influence of the occupier on our financial system, because some banks and other financial institutions in our country were directly or indirectly managed by citizens of the Russian Federation.
13/12/2022
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The "three norms" approach to unhindered use of property rights
Currently, the issue of preserving property rights is becoming topical for individuals and legal entities of Ukraine. They have to not only defend their title from foreign countries, but also to confirm it at the national level. And when the application of domestic legislation or recourse to bilateral intergovernmental agreements does not bring the desired legal consequences, the owners can only appeal to Article 1 of Protocol No. 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms.
06/12/2022
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Diya Portal: financial support for entrepreneurs
After almost nine months of devastating war, Ukrainian business is recovering from the shock and showing good recovery indicators. This was facilitated by tax reductions, preferential loans and grants for starting a business, creating jobs in small and medium-sized enterprises, as well as the opportunity to acquire new skills for new professions.
24/11/2022
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The ultimate beneficial owners are on the hook again
The topic of ultimate beneficial owners surfaces almost every year, if not more often. The year 2022 was no exception, despite the recent events taking place in the country.
21/11/2022
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Portal Diya: digitization of diplomas and certificates
As part of the experimental project, from February 1, 2023, the Unified State Web Portal of Electronic Services (Action Portal) will allow the use of e-Documents about education, such as:
15/11/2022
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In what cases can the bank refuse the client to support further business relations or refuse to establish such business relations at all, and what to do about it?
According to Art. 6 of the Law of Ukraine "On Prevention and Counteraction of Legalization (Laundering) of Criminal Proceeds, Financing of Terrorism and Financing of the Distribution of Weapons of Mass Destruction", banks are subjects of primary financial monitoring, which means that they have an obligation when establishing business relations with clients (opening accounts, concluding credit and deposit agreements, servicing financial transactions, etc.) apply a risk-oriented approach.
08/11/2022
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A network of reliable bomb shelters and shelters
The war showed Ukrainians that most bomb shelters and shelters are partially or completely unusable. In particular, some of them are not equipped with evacuation exits and ramps, which practically eliminates the possibility of people with limited mobility to be protected during air attacks from the aggressor country. In addition, most shelters are not connected to water supply and drainage systems, and do not have proper places to store food products.
03/11/2022
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Some "vulnerable" data according to the European Court of Human Rights practice
Back in 2018, the Council of Europe significantly strengthened personal data protection mechanisms. Since then, the list of personal data subject to enhanced protection has been expanded by domestic legislation and the practice of the European Court of Human Rights.
01/11/2022
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Damage compensation at the expense of the aggressor country
The full-scale military aggression of the Russian Federation against Ukraine affected every Ukrainian in one way or another. Someone lost their job, someone was forced to leave their home, someone stopped their economic activity for an indefinite period, and someone generally suffered devastating consequences in the form of destruction or loss of property.
28/10/2022
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Jurisdiction is correctly assigned, otherwise the first step is to win!
Navit at the same time nutrition of the subject and subject jurisdiction of the right to be debatable, not only for practicing lawyers and lawyers, but also for judges. That is why, within the limits of the statute, we have prepared for you a dekil of fresh drafts in the Great Chamber of the Supreme Court (VP SC) to give you the rights of the courts of civil jurisdiction.
20/10/2022
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Cancellation of responsibility for failure to submit financial statements.
The war started by the Russian Federation dealt and continues to deal a heavy blow to the Ukrainian economy and business. Ukrainian enterprises are gradually resuming their work, keeping the economic front. The results of monthly research by the European Business Association showed that 48% of companies are operating at full capacity and another 51% of companies are operating with certain restrictions.
13/10/2022
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"Catch Me If You Can"
Driving on the roads of Ukraine, you can observe not only the picturesque landscapes of our country, but also the absence of road signs that indicate the distance to populated areas and the direction. Their absence is fully justified, because from the beginning of the full-scale invasion of the Russian Federation into Ukraine, it was necessary to create as many obstacles as possible for the advancement and orientation of the invaders on the territory of our state. In connection with this, in February, not only physical signs indicating the direction and distance to settlements, but also those indicating the beginning and end of settlements disappeared from the roads. But such circumstances have another side, which directly affects the rights and obligations of road users.
11/10/2022
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Protection of property rights at the ECHR in connection with the aggression of the Russian Federation against Ukraine. (Part 2)
Last time we talked about the possibility of applying to the European Court of Human Rights (ECtHR) with complaints against the Russian Federation in connection with its violation of the rights guaranteed by the European Convention on Human Rights, in particular the right to peaceful possession of property, during the current phase of the Russian Federation war against Ukraine.
29/09/2022
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Protection of property rights at the ECHR in connection with the aggression of the Russian Federation against Ukraine (Part 1)
The European Convention on Human Rights guarantees everyone the right to peaceful possession and use of their property.
One of the means of protection of this right is to appeal to the European Court of Human Rights (ECtHR) with a complaint against a state party to the Convention that violates this right.
27/09/2022
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Administrative procedure: who will be entitled to benefit and what issues can be resolved?
On June 13, 2022, the President signed the long-awaited Law "On Administrative Procedure", which is a real breakthrough in the fight against bureaucracy. The law will become fully effective 18 months after its publication.
22/09/2022
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63 MORE DAYS
The struggle of Ukraine for its freedom and independence continues from the day of the full-scale invasion of the Russian Federation until now, and it is already 209 calendar days that the Ukrainian defenders are giving a worthy rebuff to the invaders.
20/09/2022
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Freedom of assembly and association
The human right to freedom of assembly and association is one of the fundamental foundations of a democratic society. One of the fundamental international treaties in this area is the European Convention on Human Rights, Article 11 of which stipulates that everyone has the right to freedom of peaceful assembly and freedom of association with others. The ECtHR noted that the protection of opinions and freedom of expression is one of the goals of freedom of assembly and association in accordance with Article 11 (Freedom and Democracy Party (ÖZDEP) v. Turkey), §37).
13/09/2022
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Changes in the Budget Code of Ukraine or 2% for post-war recovery
Since the beginning of the full-scale invasion of the Russian military on the territory of Ukraine, public associations, charitable and religious organizations (non-profit organizations) have been supporting the Armed Forces of Ukraine and other military formations, law enforcement (special) bodies, civil defense bodies and territorial communities, as well as providing assistance to Ukrainians that have suffered or may suffer from Russia's armed aggression.
08/09/2022
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Limits of application of rights restrictions
Often, or perhaps every time, in their documents, lawyers refer to the European Convention on Human Rights as a guarantor of human rights. However, the mentioned document also contains regulations on the limitation of rights. So what are their limits?
30/08/2022
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Digital Business Security: An Analysis of Hacking Liability Case Law
The Dynasty Law & Investment team is sure that each of you is an active user of the Internet. But behind all the obvious benefits of modern communications, there are digital traps that are easy to fall into if you don't take care of your personal safety and the reputation of your business in a timely manner. Such Internet hunters are, in particular, hackers.
18/08/2022
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Guarantees of protection of media workers
With the invasion of the Russian military on the territory of Ukraine, two fronts of the war began, the second of which is informational. Therefore, the work of mass media workers, who quickly cover real events in Ukraine and convey the truth about the Russian "special operation" to the world, is extremely important for the victory of our country. However, in such cases, journalists themselves often become targets of the enemy.
16/08/2022
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Procurement without Prozorro: myth or reality?
With the beginning of the full-scale invasion of the Russian military on the territory of Ukraine, many legislative changes appeared.
So, in particular, almost immediately after the introduction of martial law in Ukraine, Cabinet Resolution No. 169 of February 28, 2022 defined the procedure for conducting "Public procurement" during the period of martial law by concluding direct contracts without using the Prozorro system.
11/08/2022
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Registration of tax invoices is returned and not only….
In the first months of the war, a huge number of laws and by-laws appeared, which in one way or another made adjustments to social life depending on the situation. The specified changes and the procedure for registering tax invoices have not been bypassed
02/08/2022
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Company privacy policy: ways to update
Currently, the principle of confidentiality is becoming an integral part of modern corporate culture. It is easy to understand when a company goes international. It is easy to explain - supervisory authorities are very careful about its violation and do not hesitate to impose fines for it.
29/07/2022
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Expiration of the statute of limitations as a mechanism for exemption from criminal liability
Article 49 of the Criminal Code of Ukraine determines the conditions and terms of application of the statute of limitations, ie creates a mechanism for releasing a person from criminal liability.
01/02/2022
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The amount of insurance indemnity in case of an accident is not enough for the repair of the car, what to do?
Almost everyone has faced personally or indirectly an event such as a car accident during which property (own car) was damaged. If the accident was caused by another driver whose civil liability is insured and who admits his guilt or his guilt is confirmed by the court, it immediately seems that the insurance company of the driver responsible for the accident quickly and easily compensates for the damage.
20/01/2022
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"Nervous tick" or the importance of the content of the public offer of an IT product
How often did you check the "OK" box without reading a lengthy text about some of the terms and conditions of using the software, application, or website? Sure, almost always.
20/01/2022
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Legal regulation of tender procedures according to EBRD rules
The transparency of public procurement impresses and amazes modern lawyers, and also causes them a lot of trouble when challenging the results of tenders. Although procurement legislation is moving towards unification, it is uncertain, clinging to a number of bylaws.
20/01/2022
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Unnamed contracts in economic relations
The constant development of relations between business entities, which is due to the nature of doing business, encourages the need for modernization and contractual relations between their participants, which must adapt to modern conditions of doing business.
20/01/2022
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Schedule folding of the agreement for the website
Famous іlustrator V. Favorskiy, vikonuyuchi Chergova replacement, having bought a little yellow dog. The artist stated, which is the most popular element of composition. Dissatisfied with the deputies, they were all trying to get the dog cleaned, it didn’t make a big mistake, the main element of the little one.
20/01/2022
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Interpol red notice
Globalization reigns in the world, borders have become conditional, and their crossing is only a paper formality. Under such conditions, in order to combat international crime, the world community has invented a universal mechanism for cooperation between law enforcement agencies.
20/01/2022
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Refugee status is the national protection of foreigners and stateless persons in a changing world
Human life can be unpredictable, and the usual rhythm of life of the average citizen, any country can be destroyed by armed conflict in the country, the establishment of a totalitarian regime in the state, followed by persecution of citizens on political, religious, racial grounds. Sometimes such persecution threatens human life. In such cases, the only salvation may be to leave your country and seek refuge in another state.
30/12/2021
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Games played by law enforcement
Often, "legal" searches of investigating judges are permits to invade the property of non-involved persons.
The idea is to seize the most valuable property during a search, and then the "hide-and-seek" and "catch-up" begins. The investigator feels like a game leader and dictates his rules
30/12/2021
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The litigation (Regarding IT dispute resolution)
Such a popular field as IT is currently attracting more and more participants. Such a close environment inevitably provokes a push mediated by legal conflicts. The most common of these are:
19/11/2021
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Ensuring the rights of a suspect in criminal proceedings
The rights of the suspect should be not only explained, but also ensured not only on paper, but also in practice, clearly and in a timely manner, which is directly provided by the Criminal Procedure Code of Ukraine (CPC).
08/11/2021
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What is my name to you? Regarding judicial protection of a domain name
Today, the Internet is actively expanding. The number of users of the World Wide Web is constantly growing. If you are reading this message, it is also online now.
08/11/2021
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The New York Times
One of the world's most popular and authoritative periodicals, which has experienced many political and military upheavals, existed in an era of war and unrest, managed to survive despite all the circumstances. Respected by all, legendary and monumental, at the same time to your attention - "The New York Times"!
08/11/2021
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Patrons and Sports
Each of us, at least once in his life, was interested in sporting events taking place in Ukraine, but few wondered what such a result is worth and at what cost it gets? First of all, the key to success is the individual characteristics of athletes and coaches, their commitment to a particular sport. But enthusiasm alone is not enough, because the training of athletes and their participation in competitions requires funds, sometimes not even small.
08/11/2021
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Legislative regulation of discrimination in advertising
On September 10, the Law “On Amendments to the Law of Ukraine“ On Advertising ”on Combating Gender Discrimination” was adopted, which introduced a new concept of “discriminatory advertising on the grounds of sex” as prohibited advertising.
08/11/2021
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Legality of contracts for the exchange of agricultural land plots concluded before the opening of the land market
It is no secret that before the opening of the land market, it was forbidden to alienate agricultural land (paragraph 15 of the Transitional Provisions of the Land Code of Ukraine established a moratorium on the alienation of agricultural land)
02/09/2021
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Bringing the founders to justice for the company's debts: myth or reality?
Some statistics: as of June 1, 2021, according to the Unified State Register of Enterprises and Organizations of Ukraine, there are 1,414,175 legal entities in our country. Almost half of them - 722,327 - were created in the form of limited liability companies.
11/08/2021
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Holidays in Rome
Rome for a tourist and Rome for a lawyer are completely different things. If the former is immersed in pleasant memories of visiting the Colosseum or the Bridge of Sant'Angelo, the latter immediately comes to mind the complex names of ancient institutions of Roman law, such as restitution or vindication.
11/08/2021
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Electronic system of pre-trial investigation: a sentence in an SMS message?
In early spring, Facebook was flooded with thematic photo-frogs, which dealt with the topic of sentencing, with speeches by the prosecutor and defense counsel, the last word of the accused and sentencing in the form of correspondence on a smartphone. The reason for such folk art was the submission to the Verkhovna Rada of Ukraine of a bill that was to supplement the Criminal Procedure Code with articles on the introduction of information and telecommunications system of pre-trial investigation.
19/07/2021
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Love and other inconveniences
Marriages take place in heaven, and are terminated by ordinary earthly courts. However, few couples think about divorce, especially when the wedding takes place somewhere on the picturesque coast outside of Ukraine.
13/07/2021
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The Ministry of Finance of Ukraine by its order № 163 of 19.03.2021 approved the "Regulations on the form and content of the property structure"
This order, as the Ministry notes on its official website, will take effect one month after publication, but at present the Order has not yet been published. We will keep an eye on this date, which we will inform our readers about separately.
30/06/2021
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The international publication The Best Lawyers recognizes in Ukraine the professional skills of 588 lawyers in 61 practical areas and determines only 4 winners in the “Lawyer of the Year 2022” nomination.
The international publication The Best Lawyers recognizes in Ukraine the professional skills of 588 lawyers in 61 practical areas and determines only 4 winners in the “Lawyer of the Year 2022” nomination.
30/06/2021
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Declaration of income, pay taxes and fees from a mobile application, is it future or present?
On May 17, 2021, the Ministry of Digital Transformation of Ukraine presented new updates to the application and the "Diya" portal.
Therefore, a natural person-entrepreneur through a mobile application or through the portal "Action" can pay taxes and fees, file a declaration, review income.
14/06/2021
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Return of confiscated property, the realities of today
Today we will pay attention to one of the most difficult stages of criminal proceedings, and the return of confiscated property during the search. After all, as practice shows, most of the existing criminal proceedings are based on the evidence that was obtained during the search.
14/06/2021
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On capital markets and organized commodity markets
Dynasty Law & Investment draws attention to the fact that from July 1, 2021 a new version of the Law of Ukraine "On Securities and Stock Market" will come into force. The law, along with a new version, also received a new name - "On capital markets and organized commodity markets."
The new law regulates the relations arising during the issue, circulation, redemption of securities and fulfillment of obligations under them, the conclusion and execution of derivative contracts, replacement of derivative contracts and transactions on financial instruments in capital markets, as well as relations during professional activity in the capital markets and organized commodity markets.
19/05/2021
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Responsibility for an obstacle in the conduct of inspections on fire and industrial safety
On March 30, 2021, Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to the Code of Administrative Offenses of Ukraine (KUoAP) on the establishment of liability for obstruction of inspections on technogenic and fire safety" (entered into force on April 17, 21).
This Law introduces administrative responsibility of entrepreneurs for preventing state supervision bodies from conducting inspections on issues of technogenic and fire safety. An entrepreneur is obliged to allow officials of state supervision to carry out an inspection (provide an opportunity to inspect buildings and premises, territory, provide documents and explanations). Otherwise, for hindering the inspection, the Law provides for the imposition of a fine on the offender from UAH 1,700. up to UAH 3400
19/05/2021
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The new anti-corruption leverage
In the understanding of an ordinary citizen, the State Security Service of Ukraine (SSSU) is a special law enforcement agency that must ensure the state security of our country (intelligence, counterintelligence, prevention of terrorism). But, as the realities of today and the current legislation show, this body has a more ramified system of powers and levers of influence on all spheres of society, including in the fight against corruption and crimes in the sphere of management and the economy.
15/04/2021
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The creation of EBB: is it a salvation or new business challenges?
On March 22, 2021, the President of Ukraine signed the Law "On the Bureau of Economic Security", which became one of the most anticipated laws regarding the reform of the tax system. Even before the adoption of this law, the media had enough time to advertise it as a step towards business, since the creation of an economic security bureau should reduce the pressure on entrepreneurship. However, is relief really worth expecting?
15/04/2021
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The state has officially equated the e-passports in “Diia” with paper
Thanks to the Law on Amendments to the Law of Ukraine "On the Unified State Demographic Register and documents confirming the citizenship of Ukraine, identity or its special status," adopted by the Verkhovna Rada of Ukraine on March 30, 2021, digital documents (e-passports) in the mobile application of Diya Portal at the legislative level, from August 23, 2021, are becoming a full-fledged analogue of a paper and plastic identity document.
15/04/2021
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How not to get into the April draw of 100 thousand hryvnia
The difficult situation that has arisen in connection with the COVID-19 pandemic and the introduction of quarantine measures poses complex challenges for business, which are primarily related to the calculation and payment of taxes.
In this regard, our legislators have repeatedly made changes to the Tax Code of Ukraine regarding the improvement of tax administration, elimination of technical and logical discrepancies in tax legislation. So, the next changes bring even more responsibilities to the business.
15/04/2021
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On state support for investment projects
The Law of Ukraine "On State Support of Investment Projects with Significant Investments" has been adopted, so what should we expect from it? It is proposed to create a new type of investor, which would provide state support for investment projects with significant investments in the following forms:
01/04/2021
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Termination of the enterprise without tax audit
There are cases when the company does not conduct business for several years and there is a need to close this "unprofitable" company as soon as possible. In accordance with the provisions of the Tax Code of Ukraine in case of termination of the taxpayer, the tax authorities carry out unscheduled documentary audit. As a rule, this is not a very easy and fast process. Are there conditions for termination of activity without inspection by the controlling body? Yes, the termination of the enterprise without a tax audit is quite possible. In 2021, there is already a positive practice of termination the activities of economic entities without inspections.
24/03/2021
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Sick leave according to the new rules
The changes have a positive effect on the quality of medical care, and facilitate the work of medical staff, as well as provide an opportunity to minimize unnecessary bureaucratic actions.
19/03/2021
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The acquisition of real estate under a contract of sale, which should be noted
While speaking about buying the real estate, of course, it is necessary to pay special attention to the contract of sale. After all, this is the most common way when real estate is transferred from one owner to another.
19/03/2021
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The increase of the normative monetary value of the lands in Dnipro city
Why do we need a normative monetary valuation of land? Normative monetary valuation of land is necessary to calculate the amount of land rent; calculation of land tax for land use other than lease; and calculation of the amount of state duty for operations with land plots (purchase and sale, exchange, donation, etc.).
03/03/2021
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Tax audit
Kindly read this if you pay taxes. The tax officer will come to you with an inspection if:
02/03/2021
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Liability for traffic code violation
The Supreme Council of Ukraine on 16.02.2021 adopted the Law of Ukraine No. 2695 "Amendments to some legislative acts of Ukraine regarding the increase responsibility for certain offenses in the field of road safety." By the specified law were made amendments to the Code of Ukraine on administrative offenses, Criminal code of Ukraine as well as on the laws of Ukraine "road traffic" and "the national police".
01/03/2021
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Liability for non-payment of wages to the employee
An unscrupulous employer is liable for delays in payment and payment of incomplete wages to an employee in accordance with applicable law.
01/03/2021
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What has changed for important taxpayers ?
If you are an important taxpayer, then this news is for you. In November, the Ministry of Finance approved amendments to the Procedure by order No. 561 for providing documents of an important taxpayer (ITP) in electronic form during a documentary audit.
26/02/2021
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Unified state electronic system in the field of construction
At its meeting, the Cabinet of Ministers decided to continue the pilot project, setting a deadline sufficient for analyzing the work of the first stage of the Unified State Electronic System in the field of construction, detecting errors and correcting them, and set a deadline for March 31, 2021.
09/02/2021
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Who is exempt from paying UST in 2021
Categories of entrepreneurs who are exempted from paying UST in 2021 on the basis of amendments made to the legislation:
01/02/2021
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Indemnification during ice-slick period
If you have slipped, injured (received bruises and / or fractures) at the land improvement facility (road, sidewalk, street, avenue, local area, etc.) due to the inaction of utilities (uncleaned roads, sidewalks, streets, avenues, adjacent areas from snow, ice, untreated traumatic places with deicing mixtures, etc.), then you have the right to indemnification from these bodies for material and moral damage.
25/01/2021
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Criminal liability for doubtful declaration
The Verkhovna Rada of Ukraine voted in favor of the draft law No. 4460-d as of 03.12.2020 “On Amendments to Certain Legislative Acts of Ukraine as regards Establishing Liability for Declaring Inaccurate Information and Failure to Submit a Declaration by the subject of the declaration to a Person Authorized to Perform State or Local Self-Government Functions”, which provides that the deliberate entry of the subject of the declaration knowingly unreliable information to the declaration:
25/01/2021
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The letter of resignation as agreed by the parties, whether the employee can withdraw it
For most workers who intend to be dismissed, the grounds for resignation “by agreement of the parties” differ from the grounds for “voluntary resignation”, they believe that resignation “by agreement of the parties” is much more profitable, because there is an opportunity to receive unemployment assistance in the State Employment Center. But this is not the case. If we turn our attention to the concept of “agreement of the parties”, then we can understand that this is nothing more than an agreement that is concluded by the parties jointly and can be terminated or changed only as a result of joint will, and not at the request of only one party.
25/01/2021
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From January 1, 2021, the accounting book for private individuals will be abolished
Starting from 01.01.2021, private individuals of I-III groups (except for VAT payers) will be able to keep records of income in any form in paper and / or electronic form by monthly reflection of income received.
20/01/2021
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Penalty for the sale of electronic cigarettes to minors
Starting from January 1, 2021, the Law introduces administrative liability in the form of a fine of 400 to 800 non-taxable minimum incomes (from UAH 6,800 to UAH 13,600) for violating the rules of trade in electronic cigarettes and liquids used in electronic cigarettes.
20/01/2021
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The Law on Postponement of Mandatory Use of the RSO
On December 1, 2020, the Verkhovna Rada of Ukraine adopted the Law “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Liberalization of the Use of Registrar of Settlement Transactions by Single Taxpayers and Abolition of Compensation Mechanism to Buyers (Consumers) for Complaints penalties”.
28/12/2020
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Banks will be able to use «Diia» to identify customers
The Bank of Ukraine has prepared excellent news for the bank’s customers and users of the “Diia” application - from 1st of December banks will be able to use “Diia” to identify customers. Thus, the Bank of Ukraine updates the operation of customers with banks.
11/12/2020
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The rules for setting tariffs for parking vehicles have been changed
The Cabinet of Ministers of Ukraine, by its resolution of October 28, 2020 No. 1019, amended the Procedure for setting tariffs for services for the use of paid parking lots.
03/12/2020
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Assistance to entrepreneurs from the state who are forced to stop working due to quarantine
On 26th of November 2020, the Law of Ukraine “On Amendments to Subparagraph 2
of Clause 5 of Section II “Final Provisions” of the Law of Ukraine “On
Amendments to the Law of Ukraine “On the State Budget of Ukraine for 2020”,
which provides for one-time financial assistance to individuals entrepreneurs who
will be forced to stop their activities due to the introduction of quarantine.
A one-time payment of unemployment benefits is made - within the funds
provided for this by the Fund’s budget for the current year.
03/12/2020
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The case law on appealing against decisions of tax authorities on the classification of taxpayers as risky is changing In Ukraine
There has been a legal problem in case law for a long time, which is that the Supreme Court in its decisions (judgments of 20.11.2019 in case No. 480/4006/18 and of 27.08.2019 in case No. 540/2077/18) noted that entering tax information into the AIS “Tax Block” system on the taxpayer’s compliance with risk criteria is one of the measures for collecting, processing and using information, and therefore the decision of the tax authority to classify the taxpayer as risky cannot be subject to court appeal...
24/11/2020
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When creating jobs, employers are reimbursed part of the cost of paying Unified Social Tax.
Employers are entitled to reimbursement of part of the actual costs to deal with with the payment of a unified tax to the obligatory state social insurance (hereinafter - Unified Social Tax), in connection with the creation of a new job. Such compensation is provided by the Resolution of the Cabinet of Ministers of 13.03.2013 No. 153 “On approval of the Procedure for compensation to employers of part of the actual costs to deal with the payment of a unified tax to the obligatory state social insurance” (hereinafter - the Procedure No. 153).
23/11/2020
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Specific features of alienation of housing in case the seller has a child
While examining the case No. 569/4373/16-ts, the Supreme Court concluded that the very fact of transfer of ownership of this property to another person without assessment of legality is not a ground for eviction of family members of the apartment’s owner, including former ones. such eviction, which is in fact an interference with the right to respect for housing within the meaning of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for proportionality in the context of the relevant case law of the ECtHR.
19/11/2020
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The Grand Chamber of the Supreme Court has solved the problem regarding the issue of receiving a plot of land in possession
The Grand Chamber of the Supreme Court has decided what to deal with a person who has received permission to develop land use planning and control documentation, but another person has received the right of ownership / lease for it.
10/11/2020
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Amendments to the Bankruptcy Code of Ukraine
On October 17, 2020, the Law of Ukraine No. 686-IX “On Amendments to the Bankruptcy Procedure Code of Ukraine” (hereinafter - the Law) entered into force.
30/10/2020
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Supply and Order - delivery of medicines online
According to the Law of Ukraine “On Amendments to Article 19 of the Law of Ukraine“ On Medicinal Products” in relation to Electronic Retail Trade in Medicinal Products”, which was adopted on September 17, 2020, some innovations have been introduced.
22/10/2020
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HS code FEA for excisable goods
From August 1, 2020, the amendments made by the Law of Ukraine dated September 20, 2019 No. 128-Ikh “On Amendments to the Law of Ukraine” On the Application of Registrars of Settlement Transactions in the Sphere of Trade, Public Catering and Services "and other laws of Ukraine regarding the unshadowing of settlements in the field of trade and services " have been entered into force.
20/10/2020
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Office at home
During an epidemic of coronavirus infection, many people are forced to leave offices and stay at home. At the same time, working being at home and paying office rent is not economically viable for most of us, so the question arises: “Is it possible to place your company's office at home?”.
19/10/2020
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