UKRAINE LEGAL UPDATE
30 November 2022
Supreme Court rules a valid gift agreement calls for a good motive for making the gift, in addition to all other conditions of contract validity. Gratuitous transfers made in a commercial context are thus open to challenge. But the test of how good the motive must be is a question of fact, to be argued by the parties and assessed by the court in light of all relevant circumstances.
8 November 2022
In a bid to reinvent itself as a digital offshore zone, Ukraine launches an e-residency scheme. Under it qualified nonresidents will be able to work remotely, use a Ukrainian bank account and access other Ukrainian e-services, all in exchange for a 5% gross income tax.
3 November 2022
Supreme Court reminds that agreeing to transfer a non-existent thing does not make the contract invalid. Ukrainian law does not condition a contract’s validity on the existence of its subject matter. But the presumed transferor may face a breach of contract claim.
28 October 2022
Supreme Court says the recognition of foreign bankruptcy is governed by comity. Where an international treaty does not expressly cover foreign proceedings, they are to be recognized in Ukraine if the principle of comity is met and the proceedings are otherwise not contrary to Ukrainian public policy. Besides, being a commercial matter, bankruptcy does not need to be explicitly mentioned in a treaty governing civil matters.
24 October 2022
In the middle of the war, the Language Commissioner is busy fighting off language threats on the home front. Since the start of the year thousands of complaints have been filed about the use of unauthorized languages in public discourse.
18 October 2022
Ukraine ratifies an extradition treaty with the US. The two countries can now cooperate more effectively in fighting organized (and other) crime, by delivering up those suspected of wrongdoing.
14 October 2022
Supreme Court holds that by acquiring foreign nationality one voluntarily forgoes Ukrainian citizenship. Therefore, no constitutional prohibition against depriving a person of Ukrainian citizenship is at issue when the authorities act to formally terminate it.
5 October 2022
Ukraine declares invalid all acts relative to Russia's annexation of its territories. The areas continue to be subject to Ukrainian law, public and private. Contracts in the annexed territories are only valid if consistent with Ukrainian law.
In a case of first impression the Supreme Court rules on when a court can grant provisional relief in foreign arbitration. No relief is available where the respondent has neither presence nor assets in Ukraine. The court must consider a plea for relief on its own merits, without joining it to similar requests.
30 September 2022
Russia’s move to formally incorporate Ukrainian territories risks upending the legal system there. New legal structures will create uncertainty in the enforcement of property rights.
25 September 2022
Supreme Court lays down a test for when a Ukrainian court has jurisdiction in a 1980 Hague Convention claim for repatriating a child. Before accepting a dispute the court must satisfy itself that the child, before being removed from Ukraine, had habitual residence in the country.
19 September 2022
A Supreme Court judge stands accused by journalists of having a Russian passport. During an interview, Bogdan Lvov, head of the Court’s commercial cassation division, was confronted with what was called evidence of his Russian citizenship.
Ukraine considers introducing criminal liability for Russian citizenship. A bill to be laid before the legislature proposes making it a crime for some to get Russian passports and also for promoting the practice.
14 September 2022
A new law allows registration of future rights in real estate. Until now the principle has been registration of existing properties.
9 September 2022
Supreme Court on child support: After a child’s adoption by another man the biological father is not liable for alimony. The lower courts misapplied the law as to when the legal bond between child and biological father dissolves.
5 September 2022
Supreme Court agrees to review COVID 19 rules, including whether employee suspension for non-vaccination is lawful. Urged by the civil bench, a full Court will need to clarify applicable law going forward. Involved are also the issues of constitutional equality and legal certainty.
2 September 2022
Government backs down from letting men get out of country on bail. But it will likely keep looking at ways to ease the ban on men leaving in wartime.
27 August 2022
Government lets seamen out of the country, with conditions. Those cleared by local recruitment offices should now be free to go abroad to work.
20 August 2022
As the war drags on, Ukraine looks to restart mass privatization. Scores of companies shortlisted by the government are be being readied for the sell-off.
18 August 2022
Authorities promise not to target as collaborators medical workers in occupied territories. A Minister says rank and file medics in the captured areas should face no criminal liability for working with Russia.
17 August 2022
Military commanders get authority to certify wills of soldiers on active duty. New rules make it easier for men in the war zone to pass on assets in case of death.
15 August 2022
Rada votes to extend martial law and mobilization. Faced with ongoing hostilities, the parliament renews martial law and the mass levy for three more months.
10 August 2022
Language commissioner takes to social media with advice on how to report language law violations. Complaints must be specific enough for the agency to take effective action.
3 August 2022
Supreme Court denies a deficiency judgment where the collateral has been taken in payment. Claiming an excess, it says, would amount to bad faith, which rules out the remedy.
2 August 2022
Government mandates a total evacuation of the Donetsk area. The Cabinet of Ministers orders all to leave the region engulfed in fighting.
Ukraine rewrites company law as Rada votes a new company bill. The legislation is scheduled to take effect from 1 January 2023.
16 July 2022
Now business websites must be in Ukrainian, with consumer appliances and software featuring a Ukrainian interface. The 2019 language law’s deferred provisions take effect.
13 July 2022
Supreme Court says choosing a wrong remedy must result in a claim’s dismissal. Since a contract void by operation of law cannot be declared invalid by a court, a claim for such a declaration is improper.
11 July 2022
Smoking ban expands to claim further substances and kit. It also covers most public places.
9 July 2022
Ukraine launches a nation-wide human genome register. A new law provides for both mandatory and voluntary registration of individuals’ genetic material.
5 July 2022
Ministry of Justice explains what laws apply in Russian-held areas. It says the occupying authorities’ laws and contracts made under them have no legal effect.
1 July 2022
Death certification is simplified in wartime. The legislature acts to streamline the relevant court procedures.
29 June 2022
President approves a register of oligarchs. Ukraine can now go ahead with implementing the anti-oligarch law.
20 June 2022
Ukraine ratifies the Istanbul Convention banning violence against women. Controversy flares up as some attack it as encroaching on traditional values.
14 June 2022
A new law brands Russia a “Nazi terrorist state”, makes supporting the war against Ukraine illegal. The law also forbids public use of the invasion’s symbols, such as the Russian army’s insignia and letters Z and V.
7 June 2022
Central bank extends the deadline for repatriating export proceeds. It cites a need to help firms to deal with the supply-chain disruptions occasioned by the war.
14 May 2022
Rada outlaws political parties guilty of anti-Ukrainian conduct. The Ministry of Justice is given responsibility to bring litigation to shut them down.
15 April 2022
Supreme Court cancels Russian state immunity over war. As of 2014 Ukrainian courts may ignore the immunity defense in accepting lawsuits against Russia for compensation of harm.
24 March 2022
After first shocks of war Ukraine tries to cope by changing labor rules. A new law, in effect from today, moderates employee rights and makes it easier to fire staff.
15 March 2022
Mortgage legislation is amended to adjust to the war. In a gesture to retail borrowers, Rada makes enforcement more difficult for banks.
3 March 2022
Ukraine passes a law on collaborators. The Criminal Code is amended to penalize those working with Russia in the captured areas or otherwise denying the aggression. Foreigners are affected if trading with Russia.
26 February 2022
Ukraine bans men from leaving. Those aged 18 to 60 must stay behind to provide a reserve force for the army. Women and children are free to go for now. Foreign firms' employees may be stranded.
25 February 2022
The state of martial law restricts personal rights. Some constitutional rights and freedoms of individuals are suspended. Organizations also face limitations of rights and interests.
25 February 2022
As Ukraine declares martial law, martial law measures take effect. Ordered and enforced by the military acting alone or jointly with civilian authorities, these are set to affect rights of individuals and businesses for the duration.
24 February 2022
As Russia invades, Ukraine declares martial law. The move boosts the military's role in government, suspends civil liberties, and postpones elections.
15 February 2022
Supreme Court rules to on legal certainty in administrative matters. Where an executive agency fails to act in a timely manner, it violates the constitutional principle of legal certainty.