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Abstract. The informational reference contains the the analysis results of the Draft Law of Ukraine «On Amendments to Certain Laws of Ukraine on Improving the Legal Status of Persons Missing in Special Circumstances and Creating Conditions for the Functioning of the Unified Register of Persons Missing in Special Circumstances» (Reg. No. 10442 dated 29.01.2024). Attention is focused on the provisions of the draft law which propose changes to the procedure for obtaining the status of missing persons under special circumstances. The content of the innovations was analyzed, including those related to updating the procedure for maintaining the Unified Register of Persons Missing in Special Circumstances.
Key words: legal status of persons missing in special circumstances; termination of the legal status of persons missing in special circumstances; cancellation of the legal status of persons missing in special circumstances; Commissioner for the Rights of Persons Missing in Special Circumstances; Unified Register of Persons Missing in Special Circumstances; primary data base.
03/2024
Abstract. The informational reference is devoted to certain aspects of the procedure for withdrawal from multilateral international treaties provided for by international and national legislation. The provisions of the Draft Law “On Withdrawal from the Agreement on Establishing Additional Benefits and Financial Assistance for Participants of the Great Patriotic War, Wartime Home Front Workers and Widows of Fallen Soldiers in Connection with the 50th Anniversary of the Victory in the Great Patriotic War of 1941-1945” (Reg. No. 0246 dated 08.01.2024) was analyzed.
Key words: international treaty, termination of international treaties, withdrawal from multilateral agreements, parties to an international treaty.
01/2024
Abstract. The information note is devoted to the issues of improving the procedure for acceptance of inheritance, which includes immovable property registered in Ukraine, the testator of which is abroad, in the context of the draft Law «On Amendments to the Civil Code of Ukraine on Regulation of the Issue of Acceptance of Inheritance of the Testator of which is Abroad» (Reg. No. 10134 dated 09.10.2023).
Key words: inheritance, real estate, testator, heir, Civil Code of Ukraine.
10/2023
Abstract. The information note is devoted to the issues of improving the procedure for registration by a notary or an official of the relevant local self-government body authorised to perform notarial acts of rights to inherited property subject to registration, on the basis of the heir's application for acceptance of the inheritance without obtaining a certificate of inheritance and without personal application for registration of rights, in the context of the draft Law «On Amendments to the Civil Code of Ukraine on Settlement of Certain Issues of the Procedure for Registration of Inheritance Rights» (Reg. No. 10138 dated 10.10.2023).
Key words: heir, inheritance, notary, notarial acts, local self-government body, Civil Code of Ukraine.
10/2023
Abstract. An analysis of the fees for the provision of administrative services, proposed by the draft Law «On Administrative Fees» (№ 4380 dated November 16, 2020), with the fees for the specified services established in the current legislation of Ukraine, was carried out. A number of differences due to different approaches to determining the calculation of costs and cost of paid administrative services, criteria for free administrative services, etc., have been identified. The emphasis is placed on the expediency of finalization and generalization by separate categories of types of administrative services provided on a free basis. It was noted that almost 70 services, which are currently free of charge, are not justified. It was noted the need to clarify the name of a number of administrative services in order to comply with the provisions of the current legislation of Ukraine.
Key words: administrative services, administrative fee, payment procedure, administrative service providers.
06/2023
Abstract. In the information reference a comparative analysis of the fees for the provision of administrative services, proposed to be established by the draft Law «On administrative fees» (reg. No. 4380), with the fees for the specified services determined by the current legislation is carried out. It has been established that the draft law is based on the current approach regarding the procedure for establishing fees for the provision of administrative services – both at the legislative level (basic administrative services) and at the level of resolutions of the Cabinet of Ministers of Ukraine. At the same time, a transition to a fixed amount of administrative fees is foreseen.
Key words: administrative services, fee for providing administrative services, administrative fee.
05/2023
Abstract. The informational reference is devoted to the issues of improving the procedural mechanisms of judicial control over the execution of court decisions in administrative cases in the context of the Draft Law of Ukraine «On amendments to the Code of Administrative Proceedings of Ukraine regarding ensuring equality of procedural rights of all participants in the judicial process before the law and the court» (Reg. No. 9197 dated 10.04.2023).
Key words: administrative proceedings, participants in the judicial process, rights, equality before the law and the court.
05/2023
Abstract. The problem of state registration of civil status acts that occurred in the territory of Ukraine temporarily occupied by the Russian Federation and the approaches to its solution proposed in the draft law (Reg. No. 9069 dated 28.02.2023), in particular, using the principle of «Namibian exception» was analyzed. Taking into account the case law of the ECtHR, compliance of the draft Law with the Constitution and laws of Ukraine, and the Convention for the Protection of Human Rights and Fundamental Freedoms was reasoned.
Key words: state registration of civil status acts, recognition and confirmation by the state of civil status acts that occurred in the territory of Ukraine temporarily occupied by the Russian Federation, state registration of civil status acts that occurred in the territory of foreign states in relation to Ukrainian citizens.
03/2023