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.
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.
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.
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.
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).
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.
Labor relations in the conditions of war
190 days since the war continues on the territory of Ukraine. Unfortunately, its victims were millions of Ukrainians who were forced to leave their homes and workplaces, becoming refugees and internally displaced persons. In turn, this led to the emergence and increase of significant problems related to the effective organization of labor relations, which did not exist before or remained isolated in peacetime.
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?
Is it possible not to pay for the loan?
Currently, there is a situation where some Ukrainians actually do not have the opportunity to use their immovable and movable property, in particular due to their destruction or being in the occupied territory. However, despite the above, the debtor's obligation to return the loan funds received by him for the purchase of real estate and/or a vehicle does not disappear anywhere.
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.
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.
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.
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
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.
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.
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.
"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.
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.
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.
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.
Protection of honor, dignity and business reputation
In our country, the protection of reputation, honor and dignity does not belong to the popular category of litigation, as it is difficult to be sure that the court will accept the statements of the future defendant as really violating the rights of the plaintiff, and not reduce them to ordinary judgments.
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.
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.
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
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:
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).
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.
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"!
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.
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.
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)
Land management documentation has received the status of public information
Thanks to the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Improving the Management System and Deregulation in the Sphere of Land Relations" dated 28.04.2021 № 1423-IX, which entered into force on 27.05.2021, the approved land management documentation is now publicly available and public.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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?
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.
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.
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:
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.
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.
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.
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.).
Kindly read this if you pay taxes. The tax officer will come to you with an inspection if:
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".
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.
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.
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.
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:
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.
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:
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.
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.
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.
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”.
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.
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.
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.
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...
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).
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.
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.
Repayment of interest for the use of a mortgage loan
A resident taxpayer is entitled to a refund of part of the interest on the mortgage. Such an opportunity for resident taxpayers is provided by Article 166.1 of the Tax Code of Ukraine.
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.
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.
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.
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?”.