Digest "Courts During the War"

4 January 2023

With the beginning of the full-scale Russian aggression against Ukraine, many courts found themselves in the occupied territories and were forced to stop their work. Judges and court employees, their families were evacuated. But thanks to the high level of organization and coordination of the courts staff - and already in new places - the evacuated courts resumed their activities. Almost every court of Ukraine has its own unique experience of organizing work during the war. And all of them are worth being documented, because this is our common heroic history, as noted by the head of the State Judicial Administration of Ukraine, Oleksiy Salnikov. "Courts During the War" is a collection of stories compiled as a part of a special project about the experience of Ukrainian courts in conditions of the full-scale Russian war against Ukraine, created by the EU Project Pravo-Justice in partnership with the State Judicial Administration of Ukraine

Law on Administrative Procedure, Handbook for public servants

13 December 2022

The handbook explains the principles of administrative procedure and a number of key concepts: administrative body, administrative procedure and proceedings, discretionary powers, interested persons, administrative act. Also, the main principles and amendments to the Law, the powers of the administrative body, the rights and obligations of a person in the administrative procedure, requirements for administrative acts are considered. At the end of the handbook, you can find detailed recommendations for implementation of the Law. This publication will be useful for representatives of state authorities who are involved in bringing special legislation into line with the norms of the Law «On Administrative Procedure» and for a wide range of other public officials.

Critical analysis of Methodological recommendations for identifying signs of enterprise insolvency and signs of actions to conceal bankruptcy, fictitious bankruptcy or bringing to bankruptcy

29 November 2022

The shortcomings of the current Methodological Recommendations were analyzed and an updated version of the approach to the liquidation analysis of enterprises was proposed, which would simplify the bankruptcy procedures. The procedures for identifying signs of enterprise insolvency, actions to conceal bankruptcy, fictitious bankruptcy or bringing to bankruptcy were formalized; as well as the procedures for timely identification of the formation of an unsatisfactory balance sheet structure in order to take measures to prevent the bankruptcy of enterprises were suggested, along with the ways of identification of reserves for increasing production efficiency and restoring the solvency of enterprises through their rehabilitation.

Review of National and International Mechanisms of Property Rights Protection Violated due to the Aggression of Russian Federation

31 August 2022

National and international mechanisms of the protection of property rights have been analyzed, including various ways of payment of compensation for damages caused by the armed aggression of another state through judicial or quasi-judicial mechanisms (which are not mutually exclusive or mutually dependent). The main indicator for choosing one or another compensation mechanism is the criterion of efficiency. Given the global challenges and the political and legal context, the feasibility of introducing a multi-component institutional model of compensation for damages has been determined.

Analysis of the application of the moratoria on foreclosure of assets of state-owned enterprises

4 February 2022

Analysis of the moratoria on enforcement of the assets of state-owned enterprises in the context of the constitutional principles of equality of all economic entities, provision of equal conditions and transparent competition, as well as requirements for the harmonization of legislation in the field of economic competition