Legislative activity of the Committee on Legal Policy in 2023

Press Service of the Verkhovna Rada of Ukraine
Published on 04 January 2024, at 15:16

During 2023, the Committee worked on the consideration and preparation of 22 draft laws, which were subsequently adopted by the Verkhovna Rada of Ukraine as laws, and 4 resolutions of the Verkhovna Rada of Ukraine.

On 06 May 2023, the Law of Ukraine No. 3048-IX "On Amendments to Certain Laws of Ukraine on Certain Peculiarities of the Organisation of Enforcement of Court Decisions and Decisions of Other Bodies during Martial Law", adopted by the Verkhovna Rada of Ukraine on 11 April 2023 (Draft Law No. 8064), came into force, amending the Laws of Ukraine "On Enforcement Proceedings" and "On Bodies and Persons Enforcing Court Decisions and Decisions of Other Bodies" in order to regulate certain peculiarities of the organisation of enforcement of court decisions and decisions of other bodies.

The adoption of this Law is an important step towards improving the enforcement of martial law, restoring the legal rights and access to justice of individuals and legal entities. In particular, the Law restores the enforcement of a significant category of enforcement documents – executive inscriptions made on notarised contracts prior to the declaration of martial law. The Law also unblocked the activities of private enforcement officers whose offices were located in the temporarily occupied territories or territories where active hostilities are taking place. In addition, the Law unblocked the enforcement of decisions on unfinished enforcement proceedings by those private enforcement officers who cannot stop their activities and are unable to actually conduct their professional activities.

On 29 May 2023, the Parliament of Ukraine adopted Resolution No. 3119-IX on the Statement of the Verkhovna Rada of Ukraine "On the Need for a Rigorous and Uncompromising Fight against Corruption in the Justice System" (draft Resolution No. 9331), which approved the Statement of the Verkhovna Rada of Ukraine "On Condemnation and Inadmissibility of the Situation in the Supreme Court".

The adoption of this Resolution ensures that the Verkhovna Rada of Ukraine, acting on behalf of the Ukrainian people as the sole legislative body of Ukraine, expresses its position on the need to rigorously and uncompromisingly combat corruption in the justice system, given the recent situation in the Supreme Court in connection with the publication by the National Anti-Corruption Bureau of Ukraine and the Specialised Anti-Corruption Prosecutor's Office in the media of a report on the alleged commission of corruption by the Chief Justice of the Supreme Court.

On 21 July 2023, the Law of Ukraine No. 3200-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Mandatory Registration and Use of Electronic Offices in the Unified Judicial Information and Telecommunication System or its Separate Subsystem (Module) Ensuring Document Exchange", adopted on 29 June 2023 by the Verkhovna Rada of Ukraine, came into force (Draft Law No. 7574-d).

The Law amended the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine by replacing the term "official e-mail address in the UJITS" with "electronic cabinet in the UJITS", which will facilitate the correct understanding of this tool by the participants of court proceedings.

The amendments provided for by the Law will ensure the gradual introduction of electronic communications with the court, facilitate the mandatory registration and use of electronic offices in the UJITS by representatives of legal professions and legal entities, and provide an opportunity for a party to send documents through the UJITS to other parties to the case, if they have an electronic office.

Pursuant to the requirements of the said Law, the High Council of Justice approved Amendments to the Regulation on the Procedure for the Functioning of Certain Subsystems (Modules) of the Unified Judicial Information and Telecommunication System by its Decision No. 977/0/15-23 dated 12 October 2023. Thus, on 18 October 2023, the Law came into force.

On 22 July 2023, the Law of Ukraine No. 103-IX "On Amendments to Certain Laws of Ukraine on Ensuring the Inviolability of Property Rights", adopted on 03 May 2023 by the Verkhovna Rada of Ukraine (Draft Law No. 9156-d), came into force, regarding the legal regulation of public relations in the field of state registration of real rights to immovable property and their encumbrances.

This Law, pursuant to paragraph 3 of the operative part of the Decision of the Constitutional Court of Ukraine of 16 November 2022 No. 9-r(II)/2022 in case No. 3-270/2019 (6302/19), ensures the functioning of an effective mechanism for the exercise and protection of property rights in the field of state registration of rights, taking into account the possible limits of state interference with the right to peaceful enjoyment of property (legality, legitimate purpose, proportionality in the use of legal means by which the owner is either deprived or restricted in the exercise of his/her right to peaceful enjoyment of property in order to satisfy a certain public interest).

On 23 July 2023, the Law of Ukraine No. 3185-IX "On Amendments to Certain Legislative Acts of Ukraine on the Functioning of Penitentiary Institutions and Pre-trial Detention Facilities during Martial Law", adopted by the Verkhovna Rada of Ukraine on 29 June 2023 (Draft Law No. 8292), came into force, adapting the penal system to the realities of wartime.

The law amended the Criminal Executive Code of Ukraine and the Law of Ukraine "On Pre-trial Detention" to improve certain provisions regulating the mechanism for exercising the rights of convicts and persons taken into custody, as well as the procedure and conditions of their detention in penal institutions and pre-trial detention facilities, in particular during martial law.

The law provides for the possibility of creating maximum security sectors in the pre-trial detention centres of the State Criminal Executive Service of Ukraine for the period of martial law in Ukraine and during the reconstruction period for men sentenced to life imprisonment, as well as regulating the issue of staying in camps for prisoners of war sentenced to imprisonment for a certain period or life imprisonment.

The amendments to the Law of Ukraine "On Pre-trial Detention" also stipulate that "if technically possible, pre-trial detention centres of the State Criminal Executive Service of Ukraine may be equipped with cells with improved conditions of detention".

The procedure for providing paid services to persons in custody to ensure improved conditions of detention, as well as the list of such services, is determined by the central executive body responsible for the formation of state policy in the field of execution of criminal sentences.

On 29 July 2023, the Law of Ukraine No. 3223-IX "On Amendments to Certain Legislative Acts of Ukraine on the Application of Sanctions", adopted by the Verkhovna Rada of Ukraine on 29 June 2023 (Draft Law No. 8392), came into force.

This Law amended the Law of Ukraine "On Sanctions" to establish the State Register of Sanctions in order to provide public access to up-to-date and reliable information on all subjects subject to personal sanctions under this Law, as well as to amend the Code of Administrative Procedure of Ukraine to improve the judicial review of cases of the relevant category.

The implementation of the adopted law allows the state to ensure the implementation of an effective sanctions policy under martial law.

On 03 August 2023, the Law of Ukraine No. 3022-IX "On Amendments to Certain Legislative Acts of Ukraine on Simplifying Access to Free Legal Aid", adopted by the Verkhovna Rada of Ukraine on 10 April 2023 (Draft Law No. 7473-d), came into force, aimed at ensuring the effective exercise of the right to free legal aid under martial law.

This Law amended more than thirty legislative acts to ensure the effective exercise of the right to free legal aid to a wide range of persons under martial law through the mandatory participation of a lawyer in cases, in particular those relating to the rights of children (orphans and children deprived of parental care), internally displaced persons, persons with disabilities, victims of human trafficking, persons declared incapacitated by a court or whose capacity is limited, and citizens of Ukraine, citizens of Ukraine residing in the temporarily occupied territory or on the territory of territorial communities located in the area of military (combat) operations or under temporary occupation, encirclement (blockade), war veterans and family members of fallen (deceased) war veterans, family members of fallen (deceased) Defenders of Ukraine, persons with special services to the Motherland, whistleblowers in connection with their reporting of information about a corruption or corruption-related offence, by simplifying the mechanism for organising such assistance.

Pursuant to paragraph 2 of Section II "Final Provisions" of the Law, the Cabinet of Ministers of Ukraine adopted resolutions No. 1088 of 13 October 2023 "Some issues related to the organisation of free primary legal aid by local self-government bodies" and No. 1163 of 7 November 2023 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Access to Free Legal Aid".

This Law amended more than thirty legislative acts to ensure the effective exercise of the right to free legal aid to a wide range of persons under martial law through the mandatory participation of a lawyer in cases, in particular those relating to the rights of children (orphans and children deprived of parental care), internally displaced persons, persons with disabilities, victims of human trafficking, persons declared incapacitated by a court or whose capacity is limited, and citizens of Ukraine, citizens of Ukraine residing in the temporarily occupied territory or on the territory of territorial communities located in the area of military (combat) operations or under temporary occupation, encirclement (blockade), war veterans and family members of deceased (deceased) war veterans, family members of fallen (deceased) Defenders of Ukraine, persons with special services to the Motherland, whistleblowers in connection with their reporting of information about a corruption or corruption-related offence, by simplifying the mechanism for organising such assistance.

On 20 August 2023, the Law of Ukraine No. 3277-IX "On Amendments to Certain Legislative Acts of Ukraine on Clarifying the Provisions on Competitive Selection of Candidates for the Position of a Judge of the Constitutional Court of Ukraine", adopted by the Verkhovna Rada of Ukraine on 27 July 2023 (Draft Law No. 9322), came into force, clarifying the provisions on competitive selection of candidates for the position of a judge of the Constitutional Court of Ukraine. The adoption of this Law fulfils one of the key recommendations of the European Commission regarding Ukraine's membership in the EU.

The Law introduces an entirely new procedure for the selection of judges to the Constitutional Court of Ukraine, as the competition will be held with the help of a specially created Advisory Group of Experts (AGE) with a strong international component.

The first composition of the AGE became effective on 13 October 2023 after the appointment of its members recommended by the Council of Judges of Ukraine, international and foreign organisations, as well as the European Commission for Democracy through Law (Venice Commission).

As of today, the Constitutional Court of Ukraine consists of 13 judges. Appointment of 5 more judges based on transparent competitive selection will strengthen the institutional capacity of the Constitutional Court of Ukraine and the effectiveness of its protection of constitutional rights and freedoms of people and citizens. The competitive procedures are ongoing. In the long term, the mechanism for selecting judges of the Constitutional Court of Ukraine established by the Law should have a positive impact on the quality of decisions of the constitutional jurisdiction body, which in turn will increase the level of public confidence in the judiciary.

On 9 November 2023, the Verkhovna Rada of Ukraine adopted Resolution No. 3457-IX "On Appointment of N. Kuznetsova as a Member of the Advisory Group of Experts" and Resolution No. 3458-IX "On Election of V. Shakun as a Deputy Member of the Advisory Group of Experts" (draft resolutions No. 10231, 10232, respectively).

According to parts one to three of Article 102 of the Law of Ukraine "On the Constitutional Court of Ukraine", the Advisory Group of Experts is formed to assist the subjects of appointment of judges of the Constitutional Court in assessing the moral qualities and level of competence in the field of law of candidates for the position of a judge of the Constitutional Court; the Advisory Group carries out its activities in accordance with the Constitution of Ukraine, this Law and the Regulations on the Advisory Group of Experts, which is developed and approved by the Advisory Group of Experts; the Verkhovna Rada of Ukraine appoints one person to the Advisory Group of Experts.

According to part one of Article 1012 of this Law, the appointing authority simultaneously with the appointment of a member of the Advisory Group of Experts shall elect one deputy member of the Advisory Group of Experts for the term of his/her office.

According to the information provided on the website of the Constitutional Court of Ukraine (https://ccu.gov.ua/storinka/age), on 12 November 2023, the Advisory Group of Experts approved the Regulations on the Advisory Group of Experts, on 04 December 2023, adopted the Methodology for Assessing Moral Character and Competence in the Field of Law of Candidates for the Positions of Judges of the Constitutional Court of Ukraine, and actively began to work with the documents received on the candidates and collect the information necessary for the assessment.

On 03 September 2023, the Law of Ukraine No. 3257-IX "On Amendments to Certain Legislative Acts of Ukraine on Regulation of Activities of Separate Subdivisions of a Legal Entity Established in Accordance with the Law of a Foreign State", adopted by the Verkhovna Rada of Ukraine on 17 July 2023 (Draft Law No. 4482), came into force.

The Law concerns the legal regulation of civil relations in the field of establishment, functioning and liquidation of a branch/representative office of a legal entity established in accordance with the laws of a foreign country.

This Law introduces an open, transparent, and fast state registration procedure for separate divisions of a legal entity formed in accordance with the legislation of a foreign state; effective and maximally quick and unburdening procedures for terminating their activity; the fulfillment of Ukraine's international obligations in the field of European integration is ensured (implementation of the provisions of Directive (EU) 2017/1132 of the European Parliament and of the Council of June 14, 2017 concerning some aspects of corporate law (Codification), in particular, regarding the rules of information disclosure that apply to branches of companies from other member states, by entering information about such separate subdivisions into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations and opening it for public access).

On 03 September 2023, the Law of Ukraine No. 3320-IX "On Amendments to the Civil Code of Ukraine on Expanding the Range of Civil Rights Objects", adopted by the Verkhovna Rada of Ukraine on 10 August 2023 (Draft Law No. 6447), came into force. This Law expands the range of objects of civil rights to include such a category as "digital things". The Law defines a digital thing as a good that is created and exists exclusively in the digital environment and has property value. This category includes, in particular, virtual assets and digital content. Thus, the Law will facilitate the effective exercise and protection of rights to a virtual asset, digital content, online account, money and securities that exist exclusively in digital form.

On 20 September 2023, Law of Ukraine No. 3354-IX "On Lawmaking", adopted by the Verkhovna Rada of Ukraine on 24 August 2023 (Draft Law No. 5707), came into force to streamline lawmaking in Ukraine. It is intended to make legislative processes more understandable and efficient and to regulate activities and relations related to the planning, development, adoption, application of regulations and monitoring of their implementation.

This Law plays a systemic role in the further development of the Ukrainian legal system.

For the first time, the principle of the rule of law is defined in law for all branches of legislation: it "includes, but is not limited to, the principles of legality, legal certainty, prevention of abuse of power, equality before the law and non-discrimination, and access to justice".

The Law establishes and provides a detailed description of the following basic principles of lawmaking: the principle of systematicity and comprehensiveness; the principle of proportionality; and the principle of resource provision. The Law introduces a unified categorical and conceptual apparatus and legislatively defines such concepts as "norm", "law", "code", "regulatory legal act", and also defines a hierarchical system of regulatory legal acts according to their legal force.

The most important provisions of the Law for law enforcement are those that regulate the effectiveness of regulatory legal acts in time, space, and by the range of subjects, and the elimination of legal gaps and conflicts of law.

The Law also defines the specifics of planning lawmaking activities for drafting laws, introducing legal forecasting mechanisms, procedures for preparing draft regulations, etc.

The Law has entered into force, but will be enforced in its main part one year after the termination of martial law. At the same time, the definitions and approaches established by the Law (which existed in legal doctrine but were not formalised) can already be used in law enforcement practice.

On 5 October 2023, the Law of Ukraine No. 3265-IX "On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Protection of Ownership and Other Real Property Rights to Real Estate Owned by Children and Wards", adopted by the Verkhovna Rada of Ukraine on 14 July 2023, came into force (Draft Law No. 5229).

The Law concerns the legal regulation of civil relations in the field of protection of the socio-economic rights and legitimate interests of children in Ukraine.

This Law improves the mechanism for protecting the rights of children (especially minors) and wards when parents (adoptive parents) or guardians make transactions with property rights, valuable property, especially real estate, and vehicles belonging to children. Thus, parents (adoptive parents) or a guardian of a minor child do not have the right, without the permission of the guardianship and custody authority 1) waive the rights to the property of a minor child, including real rights to real estate subject to state registration; 2) issue written obligations on behalf of a minor child; 3) enter into transactions with respect to residential real estate and/or the land plot on which such real estate is located, owned or used by a minor child; alienation (including by way of exchange or contribution (transfer) to the authorised (share) capital (unit trust) of a legal entity or as an entrance, membership and/or targeted contribution of a member of a cooperative), division, allocation of real estate, an object under construction, a future real estate object, other valuable property, including vehicles, owned by a minor child. In addition, the state registrar will establish whether the guardianship and trusteeship authority has issued a permit to waive the ownership of real estate, an object under construction, a future real estate object owned by a minor child or a minor, or to contribute such property to the authorised (share) capital (unit fund) of a legal entity or as an entry into a cooperative.

On 19 October 2023, the Law of Ukraine No. 304-IX "On Amendments to Certain Laws of Ukraine on Immediate Resumption of Consideration of Cases Concerning Disciplinary Liability of Judges", adopted by the Verkhovna Rada of Ukraine on 09 August 2023, came into force (draft law reg. No. 9261) and the Law of Ukraine No. 3378-IX "On Amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" and Certain Laws of Ukraine on Changing the Status and Procedure for Forming the Service of Disciplinary Inspectors of the High Council of Justice", adopted by the Verkhovna Rada of Ukraine on 06 September 2023 (Draft Law No. 9483-2).

The adoption of these laws ensures the resumption of consideration of cases of disciplinary liability of judges, which is important for the authority of the judiciary and public confidence in it.

These laws are aimed at ensuring the formation of the service of disciplinary inspectors of the High Council of Justice and the start of its work, as well as conducting a transparent and open competition for the positions of disciplinary inspectors of the High Council of Justice.

The disciplinary case will be considered at an open meeting of the Disciplinary Chamber, which will be attended by the disciplinary inspector of the High Council of Justice – the speaker, the judge, the complainant, and their representatives. The meeting will be broadcast in real time.

The High Council of Justice has brought its Rules of Procedure in line with these laws and issued a new version. The updated Rules of Procedure of the High Council of Justice define the criteria for priority consideration of disciplinary complaints.

Disciplinary proceedings against judges will be carried out in chronological order by the date of receipt, taking into account such priority:

if the disciplinary proceedings may result in dismissal of the judge from office on the grounds specified in paragraphs 3, 6 of part six of Article 126 of the Constitution of Ukraine;

in respect of a judge who has submitted his/her resignation, if the disciplinary proceedings may result in dismissal of the judge from office on the grounds specified in paragraphs 3, 6 of part six of Article 126 of the Constitution of Ukraine;

in respect of a judge whose qualification assessment has been suspended in connection with consideration of a disciplinary complaint;

in respect of a judge in respect of whom the High Qualification Commission of Judges of Ukraine has made a recommendation for appointment based on the results of a competition for a vacant judicial position, or for transfer, if the disciplinary proceedings may result in dismissal of the judge from office on the grounds specified in paragraphs 3, 6 of part six of Article 126 of the Constitution of Ukraine;

if the complaint contains information about the judge's actions that caused significant public interest.

It should be recalled that following the relevant legislative changes, the High Council of Justice has not considered disciplinary complaints against judges since August 2021.

During this time, the High Council of Justice has accumulated more than 12 thousand complaints against judges.

On 19 December 2023, the High Council of Justice announced a competition for the positions of the Head of the Disciplinary Inspectors Service – Deputy Head of the Secretariat of the High Council of Justice, Deputy Head of the Disciplinary Inspectors Service of the High Council of Justice, and disciplinary inspectors of the High Council of Justice.

Thus, these laws contribute to solving the problem of blocking the consideration of complaints against judges.

On 04 November 2023, the Law of Ukraine No. 3424-IX "On Amendments to Certain Legislative Acts of Ukraine on Clarifying the Duties of Participants in Court Proceedings", adopted by the Verkhovna Rada of Ukraine on 19 October 2023 (Draft Law No. 10087-1), came into force.

The Law amended the provisions of the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine to clarify that the obligation to register an electronic cabinet in the UJITS applies to those public authorities and other state bodies registered as legal entities under the laws of Ukraine, as well as to those legal entities registered under the laws of Ukraine.

At the same time, the Law provides for an exception for a party to a case that is a public authority or other governmental body not registered as a legal entity under Ukrainian law, or an official of such a body, who are exempt from the obligation to indicate in the content of the procedural document the identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine, as well as the registration number of the taxpayer's account card or the number and series of the passport for individuals – citizens of Ukraine.

The Law also resolved an extremely important issue under martial law regarding the possibility of obtaining paper copies of documents, including in the event of a power outage in the court or other circumstances that make it impossible for the UJITS to function.

On 26 December 2023, the Law of Ukraine No. 3337-IX "On Amendments to Certain Legislative Acts of Ukraine on Improving State Financing and Control over the Activities of Political Parties", adopted by the Verkhovna Rada of Ukraine on 23 August 2023 (Draft Law No. 9419-d), came into force, restoring the obligation of all political parties to report on their finances and property, as well as the functions of the National Agency for the Prevention of Corruption (NAPC) to verify these reports.

The obligation for political parties to report to the NACP on a quarterly basis was introduced in 2015 as a condition for obtaining a visa-free regime with the EU. However, the reporting was suspended first due to the COVID-19 pandemic, and later due to the introduction of martial law.

The law provides for the resumption of submission of reports on property, income, expenses and financial liabilities (hereinafter referred to as reports) for parliamentary parties. The parliamentary parties are obliged to submit previously not submitted reports (for 2020-2023) within 90 days after the law comes into force, while other parties must report within 120 days after the law comes into force.

This Law will facilitate the implementation of the Venice Commission's recommendations on ways to counter oligarchisation in Ukraine, which include improving the rules for financing political parties and election campaigns and control mechanisms. The adoption of the Law also ensures the implementation of two points of the European Commission's requirements for the start of negotiations on Ukraine's membership in the EU.

On 21 November 2023, the Verkhovna Rada of Ukraine adopted the Law of Ukraine No. 3480-IX "On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Observance of the Rights and Freedoms of Convicts Transferred to Ukraine to Serve Their Sentences, as well as Persons in Respect of Whom the Competent Authority of a Foreign State Has Decided to Extradite Them to Ukraine (Extradition) for Prosecution or Execution of a Sentence" (Draft Law No. 9451), which will enter into force on 19 January 2024.

The Law amends the Criminal Executive Code of Ukraine and the Law of Ukraine "On Pre-trial Detention" to address certain problematic issues of fulfilling obligations in the course of extradition to Ukraine of suspects, accused and convicted persons, in particular of war crimes.

The law provides that the type of colony in which convicted persons serve their sentence is determined by the central executive body implementing state policy in the field of execution of criminal sentences. The central executive body that implements the state policy in the field of execution of criminal sentences determines the list of colonies where sentenced persons sentenced to imprisonment transferred to Ukraine to serve their sentence, as well as sentenced persons sentenced to imprisonment in respect of whom the competent authority of a foreign state has made a decision to extradite them to Ukraine for prosecution or execution of a sentence, serve their sentence.

It is expected that the implementation of this Law will increase the efficiency of extradition to Ukraine of suspects, accused and convicted persons, primarily from the European Union.

On 08 November 2023, the Verkhovna Rada of Ukraine adopted the Law of Ukraine No. 3449-IX "On Amendments to Certain Laws of Ukraine on Improving the Procedure for Opening and Executing Inheritance" (Draft Law No. 9287), which will enter into force on 30 January 2024.

This Law improves the legal regulation of the protection of property and personal non-property rights of heirs under martial law. Thus, in the case of the temporarily occupied territory, settlements in which public authorities temporarily do not exercise or do not fully exercise their powers, it is possible to open an inheritance, issue a certificate of inheritance by another notary not at the place of opening the inheritance.

On 08 November 2023, the Verkhovna Rada of Ukraine adopted the Law of Ukraine No. 3450-IX "On Amendments to the Civil Code of Ukraine on Improving the Procedure for Opening and Proceedings for Inheritance" (Draft Law No. 9288), which will come into force on 30 January 2024.

This Law ensures the protection of property and personal non-property rights of heirs and regulates the specifics of the procedure for opening and registration of inheritance under martial law. Thus, the place of opening of the inheritance is determined (the last place of residence of the testator; the location of the immovable property or its main part (in the absence of immovable property – the location of the main part of the movable property); the place of opening of the inheritance is determined in accordance with the Law of Ukraine "On International Private Law"), the flow is stopped statute of limitations for the duration of martial law in Ukraine, during the period of martial law in Ukraine, and within two years from the date of its termination or cancellation in the event that the death of a natural person is registered later than one month from the date of death of such a person or the day, from in which she was declared deceased, the terms established by Articles 1269, 1270, 1271, 1272, 1273, 1276, 1277, 1283, 1298 of the Civil Code of Ukraine are calculated from the day of the state registration of the person's death (the time of opening the inheritance is considered to be the day of death of the testator or the day from which the testator is declared deceased, regardless of the time of state registration of death). During the period of martial law in Ukraine, and within six months from the date of its termination or cancellation, if the place of opening of the inheritance is a settlement, on the territory of which state authorities temporarily do not exercise or do not exercise their powers to the full extent, the territory, on which is engaged in active hostilities, or the territory temporarily occupied by the russian federation, application for acceptance of inheritance, application for refusal to accept inheritance, application for refusal of testamentary refusal, claim of the testator's creditor to the heirs, application for protection of inherited property, application for consent to be the executor of the will after the opening of the inheritance, other statements regarding the inheritance, joint property of the spouses (former spouses) within the scope of the inheritance case are submitted to the notary regardless of the place of opening of the inheritance.

On 10 August 2023, the Verkhovna Rada of Ukraine adopted the Law of Ukraine No. 3321-IX "On Digital Content and Digital Services" (Draft Law No. 6576), which will enter into force on 02 March 2024.

By signing the Association Agreement with the European Union, the European Atomic Energy Community and their Member States, Ukraine has undertaken a number of obligations, one of which is to ensure the gradual approximation of Ukrainian legislation to the EU acquis. In order to facilitate the implementation of Directive 2019/770 on digital content and digital services contracts (adopted in May 2019 by the European Parliament and Council), the lack of legal regulation of the provision of digital content and/or digital services to consumers is one of the main reasons for the slow development of this market sector. Therefore, the adoption of this Law will help to significantly revive it.

On 08 December 2023, the Verkhovna Rada of Ukraine adopted Law of Ukraine No. 3511-IX "On Amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" and Certain Legislative Acts of Ukraine on Improving the Procedures for Judicial Career" (Draft Law No. 10140-d).

The adopted law introduced comprehensive amendments to the Law of Ukraine "On the Judiciary and the Status of Judges", as well as relevant amendments to the Code of Administrative Procedure of Ukraine, the Laws of Ukraine "On Prevention of Corruption", "On Ensuring the Right to a Fair Trial", "On the High Council of Justice", "On the High Anti-Corruption Court", "On Ensuring the Functioning of the Ukrainian Language as the State Language", "On Amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" and certain laws of Ukraine on the Activities of Judicial Governance Bodies", in particular, the right to a fair trial was changed. The provisions of the adopted Law also resolve the issue of completing the competitions for vacant positions of judges of appellate and local courts announced on 14 September 2023.

Implementation of the adopted amendments will improve the procedures for judicial career in order to bring them in line with the current needs and challenges faced by the judiciary and the state.

On 21 November 2023, the Verkhovna Rada of Ukraine adopted Law of Ukraine No. 3481-IX "On Amendments to the Law of Ukraine "On the Judiciary and the Status of Judges" in connection with the Decision of the Constitutional Court of Ukraine dated 18 February 2020 No. 2-p/2020 on ensuring the continuity of the administration of justice by the highest court in the judicial system of Ukraine" (Draft Law No. 5456-d), which entered into force on 27 December 2023.

The Law stipulates that the Chief Justice of the Supreme Court shall, no later than twenty days after the entry into force of this Law, enrol judges of the Supreme Court of Ukraine in the staff of the Supreme Court in the cassation court of the specialisation corresponding to the specialisation of the judicial chamber of the Supreme Court of Ukraine in which such judge administered justice. In addition, employees of the staff of the Supreme Court of Ukraine are transferred to the staff of the Supreme Court without a mandatory competition for equivalent positions, provided they are available.

At the same time, this Law determines the possibility and procedure for transferring a judge of the High Specialised Court of Ukraine for Civil and Criminal Cases, the High Commercial Court of Ukraine, the High Administrative Court of Ukraine to an appellate court or a local court corresponding to the specialisation of such a judge in accordance with the procedure provided for in Articles 53 and 82 of this Law, without competition and subject to certain peculiarities.

The Law also establishes that judges of the Supreme Court of Ukraine elected to office before the entry into force of the Law of Ukraine "On Amendments to the Constitution of Ukraine (regarding Justice)" and judges of the High Specialised Court of Ukraine for Civil and Criminal Cases, the High Commercial Court of Ukraine, the High Administrative Court of Ukraine transferred to other courts shall be assessed by the High Qualification Commission of Judges of Ukraine for their suitability for the position based on the criteria of competence, professional ethics and integrity.