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Author: redaktor

Деркач Денис - адвокат > Articles posted by redaktor

Checking future counterparties before entering into contracts

No matter who your new counterparty is, a successful company that is well established in the market, or a newly established company, in order to avoid future breaches of the Agreement and minimize all risks associated with the conclusion of the Agreement, it is worth checking your future partner for tax, business and other law, debt, litigation, etc.Currently, it will be sufficient to use some of the electronic resources available to each of us:Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (https://usr.minjust.gov.ua/en/freesearch). In this register you can check whether the subject is in a state of...

No matter who your new counterparty is, a successful company that is well established in the market, or a newly established company, in order to avoid future breaches of the Agreement and minimize all risks associated with the conclusion of the Agreement, it is worth checking your future partner for tax, business and other law, debt, litigation, etc.

Currently, it will be sufficient to use some of the electronic resources available to each of us:

  1. Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (https://usr.minjust.gov.ua/en/freesearch). In this register you can check whether the subject is in a state of termination, check the address, authority of the head of the legal entity, as well as, if necessary, find the EDRPOU code and other data.
  2.  Tax data (http://sfs.gov.ua/businesspartner). Here you can check your business partner for budget arrears.
  3. The Unified State Register of Judgments (http://reyestr.court.gov.ua/). In order to inquire about the existence of court decisions against a specific counterparty – a legal entity, it is necessary to enter the name of such business entity and to review the existing court decisions regarding it.
  4. Youcontrol website (https://youcontrol.com/dashboard/). Since 2017, YouControl has introduced an Open data tariff that allows you to obtain data from different registries (including the license registry and sanction registers). Anyone can find a dossier for any company in Ukraine. However, some features of the site are paid.
  5. Unified Register of Debtors (https://erb.minjust.gov.ua/#/search-debtors). This register provides information on existing payroll arrears / fines / alimony and other enforcement proceedings. It is possible to check both physical and legal persons. We hope that these online registries will be useful for you when choosing a contractor!

Photo and video shooting of people without their consent

I have prepared for you an interesting post about whether it is possible to take pictures of people without their personal consent or at public events, what regulates this issue and what is the responsibility for illegal photo, video shooting.Since the process of appropriate shooting can significantly violate certain personal non-proprietary rights, the Civil Code of Ukraine provides that people cannot be shot without their personal consent. However, it is not required if the shooting takes place at a certain public event (meeting, concert, conference, etc.); The consent of the individual may be expressed either in writing or orally,...

I have prepared for you an interesting post about whether it is possible to take pictures of people without their personal consent or at public events, what regulates this issue and what is the responsibility for illegal photo, video shooting.

  • Since the process of appropriate shooting can significantly violate certain personal non-proprietary rights, the Civil Code of Ukraine provides that people cannot be shot without their personal consent. However, it is not required if the shooting takes place at a certain public event (meeting, concert, conference, etc.);
  • The consent of the individual may be expressed either in writing or orally, depending on the circumstances in which the subject is shot.
  • Shooting of an individual on a photo, film, television or video film, including a secret one, without the consent of the person can be carried out only in cases established by law (for example, units that carry out search operations have the right to indirectly remove information from channels use other technical means of obtaining information only by court decision)
  • With regard to public authorities and local self-government officials, photographs and videos of such persons may be taken without their consent (in the context that the information obtained as a result of the shooting will be of public interest). Such photo-, video-shooting must be carried out in a public place and in the performance of such duties by such officials;
  • Shooting in private places is prohibited. Such places, in particular, may include: toilets, dressing rooms, bathrooms, private property, and so on.
    It is worth noting that the law of Ukraine prohibits any concealed shooting in relation to your personal life, and even more so the distribution of the relevant video or photo.

 

Medical secrecy

I think many people know that medical secrecy is an integral part of every person's privacy and is confidential, non-disclosable information.This post is about what kind of information is a medical secret, who is not allowed to divulge this information, in which cases a medical secret can be disclosed and what is the responsibility for the unlawful disclosure of medical secret.What information is a medical secret?- information about the disease and diagnosis, health status;- medical examination information and their results;- information of intimate and family character;- the fact of seeking medical help;- methods of treatment of the patient.Who can hold...

I think many people know that medical secrecy is an integral part of every person’s privacy and is confidential, non-disclosable information.

This post is about what kind of information is a medical secret, who is not allowed to divulge this information, in which cases a medical secret can be disclosed and what is the responsibility for the unlawful disclosure of medical secret.

What information is a medical secret?

– information about the disease and diagnosis, health status;

– medical examination information and their results;

– information of intimate and family character;

– the fact of seeking medical help;

– methods of treatment of the patient.

Who can hold such information and not have the right to disclose it?

– medical workers;

– other people who became aware of such information in connection with the performance of their professional and official duties (health care workers, law enforcement officers (by court decision), etc .;

– legal representatives (parents, adoptive parents, guardians).

In some cases, medical secrecy information may be disclosed:

– when a person (patient) has given a voluntary written consent to receive such information by another person;

– in the manner provided by the civil and criminal procedural legislation (in the order of access to things and documents and by court decision);

– at the request of legal representatives on the health of the child or guardian);

– in other cases, if it is ONLY provided by law.

As for liability for unlawful disclosure of medical secrecy, the Criminal Code of Ukraine provides for the following types of liability (one of the following applies):

– fine (850 UAH);

– community works;

– corrective works;

– deprivation of the right to occupy certain positions.