The dispute between legal entities is not considered together with the requirements that must be decided in civil proceedings

verhovnyi_sud

Having considered case No. 6-1737цс15 the Supreme Court of Ukraine has formulated the legal position according to which the court opens the proceedings in part of requirements relating to civil jurisdiction, and refuses to open proceedings on the requirements, the consideration of which must be  ruled by other legal proceedings, because it is not allowed to join in one proceeding such claims that must be  ruled by different types of proceedings, unless contrary is provided by law.

 

The court stated that the claim of the Bank and counter claims of the company arose from individual contracts of credit agreements, surety agreements and mortgage which may be unrelated and separate items of the claim. Courts did not take these requirements of the law into consideration, took this claim, which is a subject of consideration in the commercial court proceedings, into proceeding and  considered it together with the requirements that are addressed in civil proceedings.

Important changes in the mechanism of combating online piracy

intenet_pirat

The Cabinet of Ministers of Ukraine on the 21 of October, 2015 approved the bill "About amendments to some legislative acts of Ukraine on protection of copyright and related rights on the Internet". The bill contains effective mechanisms for combating Internet piracy, will soon be proposed for consideration to the Verkhovna Rada of Ukraine.

 

The authors of the project introduced a number of effective tools of protection of copyright and combating the spread of pirated content. The main innovations are the following:

  • pre-trial possibility of removing or restricting of access to information that violates copyright without a court decision;
  • ability to require the disposal of data about the owner of the website that uses the certain services to provide access to information that violates the copyright or related rights from the hosting provider;
  • the ability to block addresses on the Internet, which is used for access to objects of copyright and related rights is provided;
  • there is a possibility of appeal against a decision about the restricting of the access to information that violates the copyright or related rights.

For failing of the institution of measures concerning the cease of violations of copyright and (or) related rights on the Internet the imposition of a fine in the amount from 500 to 1000 untaxed minimum income of citizens is provided. In the case of repeated violations the imposition of a fine in the amount of 1000 to 2000 untaxed minimum income of citizens is provided.

The bill also contains important amendments to the Law of Ukraine "About notary", which will allow notaries, who act  in accordance with the legislation of Ukraine, to preserve the evidence on the Internet by drawing up the Protocol of inspection of the web page in the case of judicial proceedings on the appeal of interested persons.

New office of Werner Law Firm in Kiev

office_MikhailovskyWerner Law Firm has moved to the new office in Kiev at the adress: 4, Mykhaylivskyy Alley, 1rst floor, office 2.

New office is near the metro station "Maidan Nezalezhnosti". Our cozy office is located in the historic district of Kiev - in the old town with its beautiful architecture houses in a quiet picturesque street.

Welcome!