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Abstract. The informational reference provides an analysis of the draft Law of Ukraine ‘On Amendments to the Civil Code of Ukraine and Other Legislative Acts of Ukraine on Improving the Procedure for Recognition of the Fact of Death (Perishing) of a Serviceman’ (No. 13263 dated 06.05. 2025), which proposes amendments to the Civil Code of Ukraine and the Civil Procedure Code of Ukraine in order to improve the mechanism for establishing the fact of death (death) of a serviceman who went missing in connection with military operations, armed conflict, if there is evidence confirming the fact of death (death) at the legislative level.
Keywords: declaring an individual dead, establishing the fact of a person's death, serviceman, military operations, armed conflict.
06/2025
Abstract. The informational reference provides an analysis of the Draft Law of Ukraine ‘On Amendments to the Civil Procedure Code of Ukraine on Improving the Protection of the Rights of Persons Recognised by the Court as Incapable’ (No. 13355 dated 09.06. 2025), which proposes to strengthen procedural guarantees for the protection of the rights and legitimate interests of persons declared incapacitated by a court in accordance with the principles of respect for the dignity, personal autonomy and legal personality of each person in accordance with international standards in this area (the United Nations Convention on the Rights of Persons with Disabilities, the UN Principles for the Protection of Mentally Ill Persons) and the case law of the European Court of Human Rights. The content and instrumental significance of the proposed mechanisms are also analyzed in the context of the generally recognized principles of court decision-making in cases of declaring an individual incapable of legal action, in particular, the reasonableness of the decision, the mandatory review, proportionality, and fair trial.
Keywords: recognition of an individual as incapacitated, restoration of civil capacity of an individual, court decision on recognition of an individual as incapacitated, review of a court decision based on newly discovered circumstances.
06/2025
Abstract. The informational reference contains the results of the analysis of the Draft Law of Ukraine ‘On Amendments to the Civil Code of Ukraine on Improving the Rights of Persons Recognized as Incapacitated’ (No. 13354 dated 09.06.2025).
Keywords: application of an individual declared incapacitated; dismissal of a guardian; restoration of legal capacity of an individual declared incapacitated.
06/2025
Abstract: The informational reference analyses the provisions of the Draft Law of Ukraine ‘On Amendments to the Civil Procedure Code of Ukraine and the Law of Ukraine “On Court Fee’ on Improving the Legal Framework for the Activities of the Ukrainian Parliament Commissioner for Human Rights” (No. 13249 dated 01.05.2025), aimed at strengthening the institutional capacity of the Ukrainian Parliament Commissioner for Human Rights to apply to the court for the protection of persons who are unable to protect their rights due to physical condition, age, incapacity or limited capacity to act.
Key words: Ombudsman, Representative of the Ombudsman, parliamentary control, applying to court, protection of rights and freedoms, physical condition, underage, elderly, incapacity, limited capacity, Civil Procedure Code of Ukraine, court fee.
05/2025
Abstract. The informational reference presents an analysis of the Draft Law of Ukraine ‘On Amendments to the Civil Code of Ukraine and Other Legislative Acts of Ukraine on the Introduction of the Institute of Priority Right to Guardianship and Trusteeship’ (No. 13215 dated 25.04.2025), which proposes a new mechanism for Ukrainian legislation for the appointment of guardians and trustees to persons in need of guardianship and trusteeship on the basis of taking into account the will of the person or legal representatives, in particular in the event of their death, recognition as incapacitated, missing or in other cases of inability to fulfil their duties towards their wards. In the informational reference was analysed the content and form of the order for guardianship and custody proposed by this draft law, its role in the mechanism of guardianship and custody establishment, appointment of a guardian, trustee, and peculiarities of the procedure for issuing, certifying and registering such an order.
Keywords: priority right, guardianship, trusteeship, personal order, guardianship and trusteeship authorities, notarisation.
05/2025
Abstract: The information note sets out the results of the analysis of the Draft Law of Ukraine ‘On Amendments to the Civil Code of Ukraine on Intellectual Property Rights to Objects Created in Connection with Military Service’ (No. 13110 of 17.03.2025).
Keywords: intellectual property rights, intellectual property objects, military service, military personnel, performance of official duties.
05/2025
Abstract. The informational reference sets out the results of the analysis of the provisions of the Draft Law of Ukraine ‘On Amendments to Part 2 of Article 46 of the Civil Code of Ukraine regarding the determination of the terms of declaring dead by the court of an individual who went missing in connection with military operations, armed conflict’ (No. 12451 dated 27.01.2025).
Keywords: declaring an individual dead; an individual who went missing in connection with military operations, armed conflict; circumstances that threatened death; circumstances that give grounds to assume death; determination of terms; Civil Code of Ukraine.
04/2025
Abstract. The information reference presents the analysis of the provisions of the draft Law of Ukraine ‘On Amendments to Article 38 of the Law of Ukraine “On Notaries” regarding the provision of benefits for performing certain notarial acts abroad’ (No. 13063 dated 05.03.2025), in particular in the context of the expediency of clarifying the scope of its action in terms of the range of persons, as well as certain definitional constructions used in its wording.
Keywords: notarial acts; certification of authenticity of signature on documents; certification of translation of documents from one language into another; consular fee.
03/2025
Abstract. This reference highlights theoretical and practical issues of approximation of Ukrainian legislation to the legislation of the European Union (EU). In particular, it examines the sources of EU law, the content of the main terms and methods of adaptation of legislation and general law-making procedures for the development of legislative acts related to approximation to EU law.
Keywords: European Union, European Union law, sources of European Union law, harmonisation, transposition, approximation, law-making procedures, legislative/lawmaking technique.
04/2025
Abstract. The informational reference contains the results of the analysis of the Draft Law of Ukraine ‘On Amendments to the Civil Code of Ukraine on Regulation of Relations in the Field of Factoring’.
Keywords: factoring agreement, remuneration, cost of the right of claim, draft Law of Ukraine ‘On Factoring’.
03/2025