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Ukraine

Справа № 753/23626/17

The spouses were officially divorced. The appellant (the father) sued the defendant, his ex-wife, to remove obstacles to communication with his child and his participation in the child’s upbringing, as well as to determine the method of his involvement in the child’s upbringing. According to the appellant, after their divorce the defendant started trying to prevent him from fulfilling his parental duties and to turn the child against the appellant.

Справа № 753/2509/15-ц

The plaintiff was hired as a cashier at a supermarket. Due to her pregnancy, she was hired as a part-time employee (working no more than four hours a day; under Art. 56 of the Labor Code, at the request of a pregnant woman, the employer must allow her a part-time working day or part-time working week), but worked full-time. While at work, she suddenly started experiencing health problems and asked the senior cashier to let her go home. The latter denied her request in a rude manner.

Справа № 761/16746/18

Pretending to be a cafe employee, the offender invited the complainant to a job interview where he tried to rape her and inflicted minor bodily injuries on her. For reasons beyond the criminal's control, his plan failed (the woman was able to escape and leave the scene of the crime). The court of first instance sentenced the man to six years in prison for attempted rape as a repeat offense, which is an aggravating circumstance.

Справа № 826/16044/14

The plaintiff filed an administrative lawsuit against the Ministry of Health of Ukraine, asking to cancel paragraph 3 of the Medico-Biological and Socio-Psychological Guidelines for the Change (Correction) of Gender Identity adopted by the Ministry’s Order No. 60 dated 3 February 2011 (Order No. 60), specifically the part that lists the presence of children under the age of 18 and serious problems with social adaptation (unemployment, absence of permanent residence, etc.) as arguments for denying the procedure.

Тесленко проти України (заява № 55528/08) (Teslenko v. Ukraine, Application No. 55528/08)

The applicant alleged that police had tortured him and that the domestic authorities had failed to investigate his complaint in that regard. The applicant was apprehended by the police on suspicion of committing several robberies. According to the applicant, the Chief,  Deputy Chief of the Criminal Investigation Unit of the Police Department, and other police officers tortured him during his detention at the police station. Police officers allegedly sought but failed to obtain a confession from him.

Цивільний кодекс України № 435-IV 2003, статті 1241: право непрацездатної вдови на обов'язкову частку у спадщині (Civil Code, Art. 1241: incapacitated widow's right to share of inheritance)

Article 1241 of the Civil Code of Ukraine provides for a special type of inheritance regardless of the content of the will. This article establishes the rule that a certain category of heirs, including incapacitated widows, will inherit half of the share (“compulsory share”) that would belong to them pursuant to inheritance by law. An “incapacitated citizen” is, for example, a person who has reached the age at which they have the right to a pension, a person with a disability, etc. This rule is meant to protect the testator’s closest relatives.

Цивільний кодекс України № 435-IV 2003, статті 1243: заповіт подружжя (Civil Code, art. 1243: spouses' joint will)

This article established the right of married couples to create a joint will to manage the inheritance of property that the spouses own together. Under a joint will, the deceased spouse’s share of the spouses’ joint property passes to the surviving spouse. No one else can inherit property included in a joint will until after the death of the second spouse. For example, if the spouses made a joint will in which they bequeathed their property to their children in equal shares, the children will be able to receive the inheritance (only after death of both spouses).

Цивільний кодекс України № 435-IV 2003, статті 1258-1259, 1261-1265: принципи спадкування за законом (Civil Code, arts. 1258-1259, 1261-1265: principles of inheritance by law)

Article 1258 of the Civil Code of Ukraine defines the rules of intestate inheritance, or inheritance without a will. If a person did not write a will, or made a will and canceled it before their death, then inheritance proceeds in accordance with the legislation. The grounds for inheritance according to law can be family relationships, adoption, or dependence on the testator for at least five years before his death.

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