Media review: VAX vs Advocacy
ECtHR case law cannot be used against a suspect/accused/convict.
News of partners and mass media
The New York State Bar Association calls on the UN to create a tribunal to investigate Russia’s crimes in Ukraine
On July 19, 2022, the Executive Committee of the New York State Bar Association voted unanimously to appeal to the United Nations to investigate and prosecute the Russian military and senior military-political leadership
Principles of reviewing court decisions based on newly discovered circumstances
The position of the Grand Chamber of the Supreme Court regarding the general principles of reviewing court decisions based on newly discovered circumstances
Force majeure during war: judicial practice
From our point of view, the most difficult issue is the impact of force majeure on the possibility of applying operational economic sanctions.
The Labor Law Committee of NAAU has prepared notes for lawyers on the organization of labor relations during martial law
The Labor Law Committee of NAAU has prepared three memos on the peculiarities of the organization of labor relations during martial law for lawyers
The conditions for opening bankruptcy proceedings for the period of martial law will be simplified
At the same time, the officials of the Ministry of Justice say, to date, the legislation does not provide a direct rule for entering the bankruptcy procedure for those who lost their business or housing in connection with the war
The SSC recommends simplifying the recognition of the qualifications of Ukrainian lawyers in Europe
The Standing Committee of the Council of Law Societies of Europe (CCBE) approved Reko&a
Procedural abuses during the implementation of judicial protection under martial law — recommendations of a lawyer
Most often, the debtor's manipulations in court with concepts such as "critical infrastructure enterprise" and arguments about his assistance to the army and volunteer activities were noticed.
The Supreme Court provided additional justification for its conclusion regarding the judicial immunity of the Russian Federation in the case of compensation for damage caused by the aggressor state
The judicial immunity of the Russian Federation cannot be applied in view of its violation of the state sovereignty of Ukraine, and therefore it is not an exercise by Russia of its sovereign rights protected by judicial immunity
Inheritance during the war
Missing the inheritance deadline has always been a serious problem. And often, without sufficient evidence of the validity of the reasons for its omission, the courts refused to grant people additional time to accept the inheritance.
Media review: Electronic signature in wartime
According to Resolution No. 617, the possibility of using electronic signatures and seals based on public key certificates issued by qualified providers of electronic trust services without information that the private key stores
Military transformations of the Communist Party of Ukraine
Entering information into the EDPR, conducting and recording investigative actions under martial law conditions
The Supreme Court clarified the conditions under which causing death and minor injuries is considered committed in a state of self-defense
The accused fought off two assailants, as a result of which one of them died and the other suffered minor injuries.
The conclusion by the donee of a fictitious donation contract, by which the gifted thing was alienated, does not prevent its return in kind at the request of the donor
An invalid deed does not create legal consequences for the parties, except those related to its invalidity.
The testimony of witnesses and joint photos alone cannot be the basis for establishing the fact of living together as one family without marriage registration
Testimony of witnesses and joint photographs cannot be the only basis for establishing the fact that a man and a woman live together in the same family without marriage registration.
Application of ECtHR practice in national judicial practice. Criminal aspect.
A webinar was held at the Higher School of Advocacy on the topic: "Application of ECtHR practice in national judicial practice: criminal aspect." The lecturer was Babanly Rasim, Head of the Department of Analytical and Legal Wor
Reimbursement of costs incurred in the case, namely, relocation within the city limits, is not provided for by the procedural law
Reimbursement of expenses related to moving within the city limits is not provided for by the procedural law.
When identification by photographs is completely admissible evidence, explained VS
The only criterion for declaring evidence inadmissible is obvious inadmissibility, which consists in the absence of doubt that the Criminal Procedure Code has been violated.
Reimbursement of the party’s expenses not related to the execution of procedural actions is not provided for in a minor case
The borrower requests reimbursement of the costs incurred by him, which are not related to the execution of procedural actions necessary for consideration of the case at the stage of appeal proceedings in a minor case.
NAAU and the Department for the Execution of Criminal Punishments signed a Memorandum of Cooperation
The National Association of Lawyers of Ukraine and the Department for the Execution of Criminal Punishments under the Ministry of Justice of Ukraine concluded a Memorandum of Cooperation.