News Archive
Despite the power outage and air alarms, the Yuridychna Prakticka held the V Business & Legal Real Estate Forum.
Anton Martynenko, attorney of Shkrebets&Partners,has moderated the session “Commercial real estate today and after the victory.”
Participants discussed the specifics of buying and selling real estate during wartime, the latest tax innovations related to the primary and secondary housing markets, how shopping malls can really attract tenants, how to preserve commercial real estate and its profitability during wartime, as well as a number of other issues.
We thank the organizers and participants for the fact that, despite all the inconveniences, it was possible to hold an interesting discussion about the current issues during the war.
🏆We congratulate Ruslan Bekuzarov, attorney of Shkrebets and Partners, on receiving an acquittal in the High Anti-Corruption Court.
⚡The client was found not guilty and acquitted under Part 2 of Art. 364 of the Criminal Code of Ukraine.
❕As noted by the defense during the trial, during the investigation of this criminal offense, the small place is not the reclassification of the committed offense (which the prosecutor insisted on), but the illegal replacement of one criminal offense, for which a pre-trial investigation has been initiated, with another criminal offense, a pre-trial investigation on which in accordance with Part 1 of Art. 214 of the Criminal Code of Ukraine has not been initiated, but the indictment against a specific person for committing this criminal offense has been sent to court. That is, in this case there were significant violations of the requirements of part. 1, 3 and 5 Art. 214 of the CPC of Ukraine.
The court of the 1st instance, having examined the case materials, agreed with the statement of the defense and noted that “The qualification of a crime consists in the established correspondence between the signs of a specific socially dangerous act and the signs of a crime defined by the norms of the criminal law. The Criminal Code of Ukraine does not limit the discretionary powers of the prosecuting party to change the legal classification of the crime. At the same time, it is obvious that ab haedis segregare oves in this case did not change the previous legal qualification, but replaced the objective side of the criminal act, in respect of which a pre-trial investigation was carried out from the moment the information was entered into the ERDR. In particular, the event and stage of the commission of the criminal offense, the time, place, method and other circumstances of the commission of the criminal offense, as well as the type and amount of damage caused by the criminal offense, have changed. As already mentioned, the only legal course of action for the investigator in this case is the separate entry of information about the crime into the EDPR with a new number and date of the proceedings, and, accordingly, the proper start of the pre-trial investigation and the collection of evidence in such new proceedings, carried out by the pre-trial body there was no investigation.”
🏆We congratulate the team of Shkrebets and Partners with the wonderful news and offer to familiarize yourself with the verdict in case No. 991/7639/21.
Yana Rybak, attorney of “Shkrebets&Partners”, has analyzed the draft Law of Ukraine on Amendments to Certain Legislative Acts of Ukraine on Combating Violation of Rights in the Labor Sector (Reg. No. 5748).
The purpose of the draft law, as defined in the explanatory note to it, is to “protect participants in labor relations from various forms of mobbing and establish administrative responsibility for such actions.”
Read about what mobbing is in the legislator’s understanding, what are its typical signs, and whether the issue of mobbing should be a priority for legislation during martial law, read Yana’s article on the website of the Legal Gazette at the link:
Yana Melnychenko, an attorney of Shkrebets&Partners, has shared with the newspaper “Yuridychna praktika” her vision regarding the write-off of destroyed assets during martial law.
The author notes that appropriate compensatory mechanisms and procedures are being actively formed, which should work to compensate for losses (damages) that were caused as a result of hostilities carried out by the aggressor country. And today it is necessary to take care of the formation of the foundations, namely, the certification of the fact of damage/destruction, the fixing of the amount of the damage caused, and the legal compliance of the procedure for documenting.
That is why the author analyzes which documents are drawn up when recording evidence of damages, how the inventory should be conducted, how to properly document the facts of the destruction and destruction of the company’s assets.
We suggest that you read the full text of the article on the website of the newspaper “Yuridichna praktika” by following the link:
