05.02.2016

№ 102 - January 2016

№ 102 - January 2016


REVIEW OF THE PRACTICE OF THE SUPREME COURT OF UKRAINE

  •  A land plot lease agreement may be early terminated upon request of one party based on a court decision by breach of obligations
  • After payment of the insurance indemnity insurer is entitled to choose remedy for its violated rights at its own discretion 
  • Raising claims against a surety later than six months after a specific part of the obligation has matured stops the surety in the part of particular monthly repayment obligations outside of the said term
  • Crediting money paid by the borrower in excess of the monthly instalment stipulated for the repayment of the principal debt (principal loan amount) is legal if stipulated so in the agreement
  • Money stolen by a bank is not subject to compensation of inflation losses if damages have been already determined

 ENERGY

 GAS

 

  • Easier access for consumers to information in the sphere of utility services
  • Volume of the gas security stock to be created by suppliers has been reduced
  • The Antimonopoly Committee of Ukraine declared Gazprom to be monopolist in Ukraine's gas transit market 
  • NJSC Naftogaz Ukrainy and the European Bank for Reconstruction and Development carried out auctions to procure gas for Ukraine
  • In implementation of the Law of Ukraine On the Natural Gas Market a number of resolutions was passed by the National Energy and Utilities Regulatory Commission

 AMENDMENTS TO THE TAX CODE OF UKRAINE

 ENERGY SAVING AND ENERGY EFFICIENCY

  •  New code of budget expenditure economic classification – 2276 "Energy Service Fee"

 LITIGATION

  • Drilling rigs owned by Chernomornaftogaz have been seized  
  • Ukrnafta sued Russia at the Permanent Court of Arbitration, The Haag
  • Naftogaz intends to sue Russia over lost property in Crimea

 GLOBAL ENERGY NEWS 

 

  •  New climate agreement adopted in Paris

 OTHER

  • European Commission will consider the complaint filed by NJSC Naftogaz Ukrainy regarding Nord Stream-2
  • Ukraine will repay Japan all funds not allocated for environmental projects  

 

REAL ESTATE

  •  Simplified procedure to produce land survey projects to allocate land plots  
  • Amendments to the Procedure for keeping the State Land Cadastre   
  • Ukrainian Parliament passed in first reading the bill on amendments to certain laws of Ukraine regulating single issues of the legal status of farm enterprises' lands

TAX LAW

  •  New procedure to file complaints to supervisory authorities  
  • Amendments to the Procedure for the electronic VAT administration
  • Tax credit for importers  

COURT PRACTICE  

 

  • The Supreme Court of Ukraine strengthens its position in tax disputes regarding "bad" contracting parties: status of a sham business is not compatible with legal entrepreneurship
  • Checking the involvement of contracting party's officers in business activity is of outmost importance for the just dispute resolution  
  • VAT invoices issued in violation of the laws do not entitle to VAT credit   
  • Land tax payments obligations arise with the state registration of the title to real estate irrespectively registration of the ownership/use rights to the land plot
  • Contract is no primary document  
  • An error in the bank details in a payment instruction gives no sufficient legal grounds to conclude a non-payment of obligation in due time 
  • Information in tax data bases does not violate rights of tax payers and cannot be deleted
  • Regarding the right of tax payers to credit the advance profit tax payment by distribution of dividends to the payment of monthly advance payments on the same tax  

 

LABOUR LAW

  •  No reimbursement of average salary of drafted employees for companies  
  • Law increasing guaranties for the observance of rights and freedoms of internal migrants