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Abstract. This informational reference conciders the issues of effective enforcement of judgments of the European Court of Human Rights and improvement of mechanisms for reimbursement of expenses of the state of Ukraine in the context of the Draft Law of Ukraine ‘On Amendments to the Law of Ukraine ‘On Enforcement of Judgments and Application of the Case Law of the European Court of Human Rights’ in terms of ensuring reimbursement of expenses to the state related to the enforcement of judgments of the European Court of Human Rights’.
Keywords: enforcement of ECHR judgments; person guilty of human rights violations; internal investigation; regress claim; reimbursement of expenses.
12/2024
Abstract. The informational reference addresses the issue of renaming certain local general courts in compliance with the requirements of the Laws of Ukraine «On Condemnation of Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Propaganda of Their Symbols», «On Supporting the Functioning of the Ukrainian Language as the State Language», «On Naming Legal Entities and Property by Names (Aliases) of Natural Persons, Dates of Anniversaries and Holidays, and Names and Dates of Historical Events» in the context of the Draft Law of Ukraine (No. 12351 dated December 24, 2024).
Keywords: renaming, name, judiciary, local court, unified state register, decommunisation.
12/2024
Abstract. The informational reference addresses the issue of strengthening criminal liability for torture and other cruel, inhuman or degrading treatment or punishment, and proposes to distinguish between torture committed by a general subject and torture committed by an official in the context of the Draft Law of Ukraine (No. 12319 dated December 16, 2024).
Keywords: criminal liability, mechanism of counteraction, torture, cruel treatment, dignity, humiliation, punishment, places of detention.
12/2024
Abstract. The informational reference examines the issues regarding the extension of the range of subjects who may be defendants in cases of recognition of unjustified assets and their confiscation to the state income by including officials of medical and social expert commissions in the context of the Draft Law of Ukraine ‘On Amendments to the Civil Procedure Code of Ukraine on Strengthening the Fight against Corruption and Prevention of Abuse in the Field of Medical and Social Expertise’ (No. 12311 dated 13.12.2024).
The informational reference carried out analyses of mechanisms for determining the heads and members of medical and social expert commissions as defendants in cases of recognition of unjustified assets and their recovery to the state revenue, which is regulated by the Civil Procedure Code of Ukraine, including the context of recent legislative decisions on reforming the system of medical and social expertise in Ukraine.
Keywords: civil confiscation; defendants in cases of recognition of unjustified assets and their recovery for the state income; chairmen and members of medical and social expert commissions; reform of the system of medical and social expertise.
12/2024
Abstract. This Position Paper presents the results of the analysis of the peculiarities of legislative regulation of animal-assisted therapy in Ukraine and in the EU Member States (France, Poland, Italy, Czech Republic, Sweden).
Particular attention is paid to the analysis of the legislation on the proper treatment of animals and protection of public health, which are also used in the course of animal-assisted therapeutic activities.
Key words: animal-assisted therapy (animal-assisted therapy), animal therapist, medical activity, medical services, regulated professions, animal certification, animal assistants, animal protocols, rehabilitation.
12/2024
Abstract. The informational reference addresses the issue of improving the grounds for criminal liability for offences related to domestic violence, and certain issues of criminal proceedings in such cases in the context of the Draft Law of Ukraine (No. 12297 dated December 09, 2024).
The compliance of the Draft Law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making, the provisions of the current legislation on administrative and criminal liability, and the laws of Ukraine regulating public relations in the field of preventing and combating domestic violence against children is analyzed.
Keywords: criminal liability, combating, prevention, domestic violence, child, stalking.
12/2024
Abstract. The Note analyses the models of parliamentary budget offices developed for the purpose of establishing an independent fiscal institution in Ukraine for compliance with the requirements of Council Directive (EU) 2011/85/EU and other EU legislation, as well as the OECD Recommendations on Independent Fiscal Institutions.
Keywords: independent fiscal institutions, parliamentary budget office, Directive 2011/85/EU on the requirements for the budgetary framework of the Member States, OECD Recommendations on Independent Fiscal Institutions.
12/2024
Abstract. The Informational Reference presents the results of the analysis of the proposals envisaged by the draft law ‘On Amendments to Article 43 of the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” regarding the provision of pensions to servicemen discharged from military service without a maximum amount limit’ (Reg. No. 12262 of 28.11.2024). The article focuses on the basic principles of the solidarity pension system in terms of the mechanism for limiting the pension amount.
Keywords: long-service pension, pension system, solidarity principle, minimum and maximum pensions.
12/2024
Abstract. The informational reference addresses the issue of strengthening liability for intentional annihilation, destruction or damage to cultural heritage objects or cultural property or concealment of documents of the National Archival Fund in the context of the Draft Law of Ukraine (No. 12310, dated December 12, 2024).
The compliance of the Draft Law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making, the provisions of the current legislation on administrative and criminal liability, and the laws of Ukraine regulating public relations in the field of circulation and protection of cultural property and cultural heritage is analyzed.
Keywords: criminal liability, protection, cultural property, cultural heritage, archaeological monuments, destruction, annihilation.
12/2024
Abstract. The Information reference provides a general description of the EU acquis chapter on public procurement, in particular, the list of EU legal acts that are basic for this area; the benefits of their implementation in national legislation; and the European Commission's assessment of Ukraine's progress in this area.
Keywords: EU law, public procurement, European integration, competition, single market.
01/2025