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14/04/2021

Andriy  Mashchenko. Especially for the LAWYER & the LAW magazine for issue: "Alternative Dispute Resolution Methods", April 08, 2021

International commercial arbitration is a way of settling disputes between participants in foreign commercial transactions (at least one of the parties must be a non-resident of Ukraine). International commercial arbitration institution may also consider disputes between enterprises with foreign investment and international associations and organizations established on the territory of Ukraine, among themselves, disputes between their members, disputes of such organizations with other parties.

Disputes, which may be brought to national courts, do not require a mandatory foreign element.

The right to apply to arbitration consideration of the dispute arises when the parties enter into an arbitration agreement, which may be in the form of an arbitration clause in the commercial agreement / contract or in the form of a separate written agreement. Such an agreement may be concluded, in particular, by an exchange of letters, as well as by an exchange of a statement of claim and a statement of defense, in which one of the parties claims the agreement and the other does not object.

No special agreement is required to apply to a national court, and parties may apply under the Law. The only condition is that the parties have procedural capacity, the criteria of which are determined by the Law.

Електронний документообіг | U-LEARN

The legislation of Ukraine provides for the possibility of concluding agreements orally and in writing. Written form is divided into: simple and notarial. In this case, the parties must agree on all the essential terms of the contract, which, in particular - are the subject, price and term of the contract.

A relative innovation in the written form of the contract is the conclusion of the contract in electronic form.

The relevance of electronic document management at the moment is due to quarantine restrictions, when meetings with contractors, in particular to sign face-to-face agreements are difficult, and pauses in work lead to loss of profits.

В Україні збільшився розмір аліментів

Lawyers of the MBLS managed to collect alimony for the maintenance of children in the amount of UAH 20,000  per month for two children by the Obolonsky District Court of Kyiv in favor of the mother.
Currently, this amount of alimony is one of the biggest in the country. 01.09.2020 Kyiv Court of Appeal upheld the this court decision, and the defendant's appeal - without satisfaction.
Defendant - a businessman, objecting to the lawsuit tried to prove his difficult financial situation with reference to the certificate of the tax inspection of zero income. The court did not take this argument into account, taking into account the corporate rights of the payer in 4 companies, property rights to real estate, proven costs in a large amount, and so on. The court also took into account the state of health of the parents, their marital status, the state of health of the children and other circumstances.
The full text of the decision of the Obolonsky district court of Kyiv can be found at the link http://reyestr.court.gov.ua/Review/88590800 

Зеленський підписав закон про підвищення мінімальної зарплати | Українська  правда

The President of Ukraine Volodymyr Zelenskyi signed the Law "On Amendments to the Law of Ukraine" On the State Budget of Ukraine for 2020 "№ 822-IX, which was adopted by the Parliament at its extraordinary session on August 25, 2020.

"These are the steps we can take towards a decent standard of living for Ukrainians. With the increase in the minimum wage, the incomes of public sector workers will increase: teachers, educators, social workers, as their salaries are calculated according to a single tariff grid, as well as doctors." noted Vladimir Zelensky.

Aapitive quarantine in Ukraine has been extended until October 31. This decision was made by the Cabinet of Ministers yesterday, August 26. Health Minister Maxim Stepanov noted that the document provides for the strengthening of a number of restrictive measures.

Shmygal: "The increase in morbidity in recent weeks is forcing us to act more decisively. Today we will consider extending the quarantine for 2 months. Restrictions and zoning of areas by color will be valid at least until November 1. Until 31.10 we will extend the quarantine."

The Cabinet of Ministers of Ukraine extended the adaptive quarantine until August 31, 2020. The relevant decision was made by the Government at a meeting on July 22.

"Depending on the epidemic situation in the region or individual administrative-territorial units - districts, a green, yellow, orange or red level of epidemic danger of the spread of COVID-19 is set. The level is determined by automated software on the basis of certain algorithms and collected data and approved by the state commission on technogenic and ecological safety and emergencies", - said the Minister of Health of Ukraine Maxim Stepanov.

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