Case No. 824/105/24 dated 19/12/2024
The court refused to cancel the arbitration decision because the defendant company did not object to the appointed arbitrator during the arbitration proceedings and did not challenge him, but attempted to challenge only after losing the case. Moreover, the company itself had previously proposed arbitrator candidates who were Ukrainian citizens, and therefore its argument about the arbitrator’s bias due to Ukrainian citizenship was deemed unconvincing.
Case No. 522/17681/16-ц dated 18/12/2024
The court was guided by the fact that the borrower’s receipt of credit funds is confirmed by the cash withdrawal statement and the receipt for credit service payment. The court also took into account that the borrower’s periodic payments under credit agreements demonstrate recognition of both the receipt and use of credit funds. At the same time, the court limited the debt recovery to the three-year statute of limitations preceding the court filing.
Case No. 161/834/21 dated 19/12/2024
The court was guided by the following: 1) the technical documentation was approved by all necessary state agencies, including the forestry service; 2) these plots had been used by the gardening association for a long time without claims from the forestry service; 3) no witness confirmed improper performance of duties by the defendant; 4) part of the prosecution evidence was deemed inadmissible as it was obtained before entering information into the Unified State Register of Pre-trial Investigations.
Case No. 676/3150/23 dated 18/12/2024
The court established that the employer complied with all legal requirements for dismissal: timely notified the employee, had no vacant positions for transfer, reasonably gave preference in retention to another employee with higher qualification and labor productivity. The plaintiff did not prove her status as a single mother, which would provide additional guarantees upon dismissal, as she did not provide evidence of the father’s absence from child-rearing.
Case No. 554/3981/22 dated 18/12/2024
The court in rendering its decision was guided by the following arguments: 1) the elder son (12 years old) has special needs (Asperger’s syndrome) and requires special learning and upbringing conditions provided by the father; 2) the child expressed a desire to live with the father, confirmed by a psychological expert opinion; 3) the younger son has a stable emotional connection with the mother, who provides appropriate conditions for his upbringing and development.
Case No. 824/67/24 dated 19/12/2024
The court was guided by the fact that when considering cases to cancel international commercial arbitration decisions, the national court’s powers are limited and it cannot review the arbitration decision on the merits of the dispute. All arguments by the applicant were reduced to disagreement with the arbitration decision regarding the calculation of penalty sanctions, which is not grounds for canceling such a decision according to the law.
Case No. 488/2561/21 dated 19/12/2024
The court in rendering its decision was guided by the fact that the amount of moral damage compensation should be calculated based on the current minimum wage at the time of case consideration (7,100 UAH), not the reduced amount (1,600 UAH) insisted upon by the prosecutor.The court took into account that the entire period of criminal prosecution (48 months) should be included in the calculation of compensation, even if the person was wanted for part of this time.
Case No. 461/3309/22 dated 18/12/2024
The court was guided by the fact that after the expiration of the deposit agreements between the parties, the contractual relations were terminated, therefore, penalties cannot be accrued. Regarding moral damages – the plaintiff has already exercised their right to compensation in another case related to the same deposit agreements, and the legislation does not provide for multiple compensation for moral damages for the same violation of rights.
Case No. 591/6525/18 dated 18/12/2024
Subject of dispute – appealing the court verdict regarding conviction for attempted murder of two or more persons by detonating a grenade in a nightclub. The court in making its decision was guided by the fact that: 1) the accused acted intentionally and purposefully – changed clothes, put on a mask, took a grenade and a knife; 2) deliberately threw a combat grenade into a room with many people; 3) after the explosion, tried to escape and resisted law enforcement. The nature of the convicted person’s actions indicates a direct intent to kill. The Supreme Court partially satisfied the cassation appeal – exempted the convicted person from liability for minor bodily injuries and resistance to law enforcement due to the statute of limitations, but upheld the verdict for attempted murder and illegal handling of weapons.
Case No. 534/2020/21 dated 11/12/2024
The court took into account that at the time of the teacher’s suspension, the school had switched to distance learning for grades 5-11, so the suspension was a disproportionate measure. The employer did not prove that the teacher posed a real threat to other employees. Also, before the suspension, she was not given the opportunity to provide explanations.
Case No. 755/7196/22 dated 10/12/2024
The court was guided by the fact that the state executor had no legal grounds to cancel the resolution on the termination of enforcement proceedings, as there was no corresponding instruction from the head of the higher state executive service and no violations of law were identified. Regarding the non-sending of the writ of execution to the court – such actions were due to the illegal cancellation of the resolution on termination of proceedings.
Case No. 815/1029/17 dated 20/12/2024
Subject of dispute – challenging the customs actions regarding suspension of customs clearance of a batch of shoes due to suspicion of intellectual property rights violation. The court established that the batch of goods consisted of three parts: 4000 pairs of shoes art. GT-11435 (without signs of rights violation), 4000 pairs of shoes art. GT-11437 without INROUTE marking (also without signs of violation) and 1000 pairs of shoes art. GT-11437 with INROUTE marking (regarding which there was a suspicion of violation of Reebok trademark rights). At the same time, the first two parts of the goods had already been cleared through separate customs declarations, and the economic court had decided to seize and destroy the third part as counterfeit products. The Supreme Court canceled the decision of the appellate court and sent the case for a new review, as the appellate court did not investigate and did not evaluate all important circumstances of the case.
Case No. 240/33216/23 dated 23/12/2024
The court was guided by the fact that after the recognition of unconstitutionalityRegarding the norms on the Cabinet of Ministers’ powers to establish pension amounts for Chornobyl victims, the Verkhovna Rada adopted a new law that set fixed pension amounts. However, these amounts turned out to be lower than those provided in the previous version of the law (8 minimum old-age pensions for group 2 disabled persons). Therefore, the court decided that the previous version of the law, which provided for higher pension amounts, should be applied.
Case No. 401/2277/23 dated 11/12/2024:
The appellate court returned the appeal because the plaintiff’s lawyer did not register an electronic cabinet in the Unified Judicial Information and Telecommunication System (YESITS), which has been mandatory since October 18, 2023. However, the Supreme Court noted that the appellate court did not take into account that the complaint was also signed by a representative with a power of attorney, who is not required to have an electronic cabinet, as the case concerns a labor dispute.
Case No. 9901/203/21 dated 17/12/2024:
Subject of dispute: challenging the Decree of the President of Ukraine on applying sanctions to LLC “Nadra West Group”. The court, when making a decision, was guided by the fact that: 1) the Security Service of Ukraine provided sufficient evidence of threats to national security from the company; 2) sanctions were applied in accordance with the law and with the legitimate purpose of protecting national interests; 3) the restrictions on the company’s rights are proportional and do not create an excessive burden, as they are temporary and do not deprive the right of ownership. The court denied the claim, recognizing the sanctions as legal and justified.
Case No. 640/875/19 dated 20/12/2024:
The court, when making a decision, was guided by the fact that the restriction on the payment of one-time financial assistance only within two years after the initial determination of disability contradicts the Constitution of Ukraine. The court noted that after this norm was declared unconstitutional by the Constitutional Court of Ukraine, it cannot be applied even to legal relations that arose before such a decision of the Constitutional Court. Instead, the principle of the rule of law and the norms of the Constitution of Ukraine as direct action norms should be applied.
Case No. 640/8580/21 dated 23/12/2024:
The court was guided by the fact that the restriction on the payment of assistance only within two years after the initial determination of disability contradicts the Constitution of Ukraine, as it disproportionately limits the right to social protection of servicemen. The Supreme Court departed from previous practice and decided that such restrictions cannot be applied, as they contradict the principle of the rule of law and constitutional guarantees of social protection of servicemen.
Case No. 947/10511/23 dated 12/12/2024:
The first and appellate instance courts released the accused from liability, considering that he sincerely repented, as he admitted guilt and apologized to the victim. However, the Supreme Court pointed out that mere admission of guilt is not sufficient to establish sincere repentance – it must be confirmed by specific actions to compensate for damage and help the victim. Since the accused did not attempt to compensate for the damage and help the victim, who became disabled, for 1.5 years, his repentance cannot be considered sincere.
Case No. 334/5592/23 dated 19/12/2024:
The court was guided by the fact that the sanction of part 2 of Article 111 of the Criminal Code of Ukraine (state treason) provides for punishment in the form of imprisonment for a term of 15 years or life imprisonmentnot imprisonment. The court of first instance, having imposed a sentence of 12 years of imprisonment, went beyond the sanction of the article and did not provide reasons for such a decision. The appellate court also did not provide a proper assessment of these violations.
Case No. 473/943/24 dated 18/12/2024
The court was guided by the fact that, according to legislative changes from May 6, 2023, during martial law, recovery of pension is prohibited (with some exceptions). The state executor did not take measures to clarify the status and purpose of funds in the debtor’s bank account before their withdrawal, which contradicts the requirements of the law.
Case No. 214/3059/13-к dated 24/12/2024
Subject of dispute – cassation appeal of the verdict and ruling of the appellate court in a criminal case regarding the convicted PERSON_3. The Supreme Court judge established that the cassation complaint filed by the defense attorney meets all formal requirements of criminal procedural legislation, in particular Articles 350, 384, 386, 398 of the Criminal Procedure Code of 1960. The decision to request the case was made on the basis of Article 388 of the Criminal Procedure Code of 1960 and transitional provisions of the current Criminal Procedure Code. Based on the results of the review, the judge ordered to request the criminal case from the court of first instance for cassation review.
Case No. 243/861/23 dated 17/12/2024
The court was guided by the following: 1) an electric locomotive is a source of increased danger, and its owner is liable for damage regardless of fault; 2) it was not proven that the damage occurred due to force majeure or the victim’s intent; 3) the amount of moral damage compensation of 200,000 UAH is justified, taking into account the depth of the plaintiff’s suffering and the principles of reasonableness and fairness.
Case No. 921/357/20 dated 18/12/2024
When resolving the issue of reimbursement of legal assistance expenses in case of leaving the complaint without consideration, the court should be guided by general norms of procedural legislation on the distribution of court costs. In doing so, the court must establish the groundlessness of the complainant’s actions specifically in this case, not in other cases. Since the courts of previous instances did not establish the groundlessness of the complainant’s actions in this case, but only referred to their actions in other cases, there are no grounds for recovering legal assistance expenses.
Case No. 466/8864/19 dated 04/12/2024
During the case review, the court drew attention to the fact that the good faith of the representative in making a gratuitous transaction for the alienation of the principal’s property was not properly investigated. In particular, it was not assessed that the representative acted in the interests of their relative, not the principal, who was an elderly person (88 years old). It was also not taken into account that as a result of these actions, the principal lost their housing without any compensation.
Case No. 308/18965/23 dated 18/12/2024
The court established that the change in pedagogical load was due to real changes in labor organization – redistribution of hours between teachers according to their specialization and language skills. The employer followed the procedure of notifying the employee about the change in essential working conditions in accordance with the requirements of martial law. Since the teacher did not agree to work under the new conditions, her dismissal under paragraph 6, part 1, Article 36 of the Labor Code was recognized as lawful.Case No. 758/6338/21 dated 11/12/2024
The court established that the state registrar illegally canceled the plaintiff’s property ownership without a court decision, solely based on a statement from the previous owner. Subsequently, the property was resold several times between related parties using schemes of artificial space division and mortgage transfer. The court recognized such actions as unfair, aimed at creating an appearance of legitimate property acquisition.
Case No. 344/3793/20 dated 20/12/2024
The court was guided by the following: 1) according to the monastery’s Charter, the right to liquidate belongs to the Bishop-Ordinary; 2) the Decree on liquidation was issued by an authorized person – the Archbishop and Metropolitan of Ivano-Frankivsk, who has the rights of the Bishop-Ordinary; 3) the state registrar acted within his powers, as he received all necessary documents for registering the termination of the legal entity.
Case No. 293/960/23 dated 18/12/2024
The appellate court, which was supported by the Supreme Court, decided that lack of awareness about the existence of a will is not a valid reason for granting an additional term, as the plaintiff, as the testator’s son (first-line heir), should have taken active steps to accept the inheritance regardless of the will’s existence. The court noted that when a person is aware of their inheritance right as a first-line heir but does not take actions to accept the inheritance, their ignorance of the will cannot be grounds for granting an additional term.
Case No. 634/793/23 dated 18/12/2024
The court established that the dismissal was conducted in violation of legislation, as the dismissal order did not specify specific grounds and contract conditions violated by the director. Although the employer referred to numerous violations in the director’s work, outlined in the working group’s report and executive committee decision, the court found that systematic non-performance of duties was not proven, which would provide grounds for early contract termination. Additionally, the employee was not given an opportunity to provide explanations regarding the identified violations.
Case No. 466/359/22 dated 04/12/2024
The court was guided by the fact that although the wife claimed the apartment was purchased with her personal funds from selling a previous apartment (50,000 USD), she could not prove this, as the new apartment’s value (886,625 UAH) exceeded the amount from the old apartment’s sale (650,000 UAH). Moreover, a significant portion of payments for the new apartment was made long after selling the old one, and the wife did not provide evidence of the funds’ origin.
Case No. 757/22435/22-ц dated 18/12/2024
The appellate court closed the proceedings, considering that an identical dispute between the same parties had already been resolved by another court decision. However, the Supreme Court found that the appellate court did not take into account an additional basis for the claim – reference to job retention guarantees during martial law according to Article 57-1 of the Law of Ukraine “On Education”, which excludes dispute identity.
Case No. 161/1456/21 dated 18/12/2024
The court established that at the time of electronic trading, the ownership right to the disputed land plot…with the cadastral number 0722881600:02:001:0572 was registered under the debtor, and the plaintiff did not provide evidence that this plot belonged to him. Although the plaintiff claimed a technical error in the cadastral number of his plot, he did not challenge the actions of the State Geocadaster regarding the assignment of cadastral numbers and did not prove the identity of the plots. The state executor acted lawfully, guided by the official data of the real estate rights registry.
Case No. 2-2830/10 dated 23/12/2024
The court was guided by the fact that for the sale of immovable property, the use of which is held by children, a permit from the guardianship and trusteeship authority is mandatory. Since the guardianship authority refused to grant such permission because the disputed apartment is the only housing for the registered minor child, the private executor lawfully did not take actions to forcibly sell the apartment. At the same time, the court noted that the disputed apartment was not the subject of a mortgage, therefore, the creditor’s arguments about the child’s registration without his consent are unfounded.
Case No. 206/397/24 dated 23/12/2024
The court was guided by the fact that for forced hospitalization, two conditions must be simultaneously met: treatment is possible only in inpatient conditions and the presence of a severe mental disorder in a person due to which they pose a danger to themselves or others or cannot independently satisfy their vital needs. In this case, there was no sufficient evidence that the person poses a real danger to themselves or others, and the medical commission’s conclusion contained only a general description of the patient’s condition without specific facts of dangerous behavior.
Case No. 620/17140/23 dated 20/12/2024
The court established that this architectural monument since 1979 was the property of the Ukrainian SSR and passed into state ownership of Ukraine. At the same time, the procedure established by law for transferring the object from state to communal ownership was not observed – there is no corresponding decision of the authorized body and no transfer-acceptance act. The inclusion of the church in the list of communal property by the regional council’s decision was unfounded, as the council did not have such powers.
Case No. 826/8394/18 dated 23/12/2024
The court was guided by the fact that limiting the right to receive a larger amount of assistance only for two years after the initial disability determination contradicts the Constitution of Ukraine, as it unreasonably restricts the right of servicemen to social protection. This is confirmed by the Constitutional Court’s Decision of 06.04.2022. The court also deviated from previous practice and decided that such restrictions cannot be applied even to legal relations that arose before the Constitutional Court’s decision.
Case No. 240/1125/24 dated 23/12/2024
The court was guided by the fact that although the Constitutional Court found unconstitutional the Cabinet of Ministers’ right to establish Chornobyl pension amounts, the parliament timely (before 07.07.2021) adopted a new law No. 1584-IX, which established fixed pension amounts. However, these amounts turned out to be lower than those provided by the previous version of the law (6 minimum pensions). Therefore, the Supreme Court decided that the new law violates the rights of Chornobyl victims and the previous version of the law should be applied.
Case No. 370/1883/23 dated 19/12/2024
The court was guided by the fact that the criminal offense,Although qualified under Part 1 of Article 126 of the Criminal Code of Ukraine (battery), it is associated with domestic violence, as it was committed against the defendant’s mother. According to the law, criminal proceedings regarding offenses related to domestic violence cannot be closed even if the victim withdraws the accusation. The court also took into account that the defendant had the opportunity to defend against such accusation, as the indictment specified the commission of a crime against a person with whom he is in family relations.
Case No. 205/3743/20 dated 18/12/2024
The court in making its decision was guided by the following: 1) the apartment was indeed illegally removed from communal ownership through forged privatization documents; 2) the last purchaser of the apartment (PERSON_2) is a bona fide acquirer, as she purchased it at market price through a notary and could not have known about the document forgery; 3) recovering the apartment from a bona fide acquirer would be a disproportionate interference with property rights and a violation of Article 1 of the First Protocol to the European Convention on Human Rights.
Case No. 630/21/22 dated 18/12/2024
The court in making its decision was guided by the fact that the child has been living with the father and his family in a safe and comfortable environment, with proper conditions for development. The court also took into account the child’s own opinion, who expressed a desire to live with the father. Moreover, the mother did not provide evidence of appropriate living conditions for the child in Italy.
Case No. 686/7531/23 dated 12/12/2024
The court substantiated its decision with a set of evidence, including witness testimonies, operational purchase protocols, expert examination results, and other case materials. The court also rejected the defense’s arguments about crime provocation, as the convicted person simultaneously denied committing the crime and claimed provocation, which is mutually exclusive according to the ECtHR practice.
Case No. 753/15099/22 dated 17/12/2024
The subject of the dispute is challenging the appellate court’s ruling refusing to open proceedings regarding the first instance court’s decision to deny permission to detain the defendant. The cassation instance court found that the appellate court incorrectly applied procedural law, as it did not consider the provisions of Art. 190 Part 5 and Art. 392 Part 2 of the Criminal Procedure Code of Ukraine, which directly provide for the possibility of appealing a ruling denying detention permission. The appellate court unreasonably decided that such a decision is not subject to appeal and did not provide proper motivation for its conclusion. This violation was recognized as significant, as it calls into question the legality of the court decision. The Supreme Court satisfied the prosecutor’s cassation complaint, revoked the appellate court’s ruling, and sent the case for a new review to the appellate court.
Case No. 296/2568/23 dated 17/12/2024
The cassation instance court noted that the lower courts mistakenly considered a legal dispute to exist and left the application without consideration. The Supreme Court emphasized that the purpose of the application is to protect the applicant’s rights when processing inheritance at a notary’s office, not to resolve a dispute about inheritance rights. The court also pointed out that the existence of a legal dispute must be real, not hypothetical, and the courts should have determined who the legal heir is that would challenge the applicant’s right.Case No. 82/23 dated 17/12/2024
Subject of the dispute – appealing a court verdict regarding a person who posted materials in the social network “Odnoklassniki” that justify the Russian Federation’s armed aggression against Ukraine. The court, when making its decision, was guided by the fact that the punishment imposed by the appellate court in the form of restriction of liberty for 3 years is fair and sufficient, taking into account the convicted person’s personality and the absence of aggravating circumstances. The court rejected both the defense’s arguments about the excessive severity of the punishment and the prosecutor’s arguments about its leniency, since the appellate court properly considered all circumstances of the case and adhered to the requirements of the law when imposing the punishment. The Supreme Court left the first instance verdict and the appellate court’s ruling unchanged, refusing to satisfy the cassation appeals of all parties.
Case No. 486/1039/21 dated 18/12/2024
The court was guided by the fact that the defendant PERSON_2 legally inherited property by will from their grandmother PERSON_3, including a residential house. In this case, the plaintiff’s father PERSON_9 did not accept the inheritance after his mother’s death. The court also took into account that, in accordance with current legislation, when ownership of a building is transferred, the right to the land plot on which it is located is automatically transferred.
Case No. 208/9501/21 dated 18/12/2024
The first and appellate instance courts left the application without consideration, believing that there is a dispute about the right that should be considered in the claim proceedings. However, the Supreme Court did not agree with this position, since the creditor’s application for declaring the inheritance abandoned does not in itself indicate the existence of a dispute about the right – it only creates prerequisites for further resolution of the issue of satisfying the creditor’s claims. The courts also did not take measures to request evidence regarding the presence/absence of heirs, limiting themselves to mere assumptions.
Case No. 754/18073/23 dated 18/12/2024
The first and appellate instance courts believed that such claims could not be considered in the claim proceedings, as a different procedure is provided for this. However, the appellate court considered the case without properly notifying the plaintiffs about the time and place of the court session – they were sent notifications only to their personal email, although they did not have electronic cabinets in the ‘Electronic Court’ system.
Case No. 120/7981/24 dated 23/12/2024
The court was guided by the fact that the plaintiff missed the 6-month term for applying to the court, which was to be calculated from the moment of the Constitutional Court’s decision (07.04.2021), which declared the relevant norm unconstitutional. The court noted that establishing terms for applying to the court contributes to legal certainty in public-legal relations, and the plaintiff did not provide valid reasons for missing the term. The new CCU decision of 03.04.2024 cannot be the basis for calculating the term, as it will take effect only 3 months after the end of martial law.
Case No. 916/379/23 dated 18/12/2024
When making the decision, the court was guided by the fact that part of the challenged decisions and actions regarding the contribution of property to the authorized capital was lawful and did not violate the plaintiff’s rights. At the same time, the court declared invalid the act of acceptance and transfer of immovable property between LLC “Avtomarket” and LLC “Dehab”.
Case No. 9901/415/21 dated 23/12/2024
Subject of the dispute – appealing…Inaction of the President of Ukraine Regarding Non-Appointment of a Person to the Position of Judge of the Kherson City Court. The court established that the President of Ukraine violated the legally prescribed terms for reviewing the submission of the High Council of Justice regarding the appointment of a judge. Such inaction is unlawful, as it violates the person’s right to access the profession and contradicts the requirements of the Law of Ukraine “On Judicial System and Status of Judges”. The President is obligated to review the HCJ submission within the legally established timeframe.
The court partially satisfied the claim, recognized the President’s inaction as unlawful, and obliged him to review the HCJ submission regarding the plaintiff’s appointment as a judge.
Case No. 205/8471/22 dated 24/12/2024
The court was guided by the fact that the plaintiff has the opportunity to formalize inheritance rights by obtaining a certificate of inheritance by law at a notary’s office, as the heir can apply for a certificate of inheritance to complete inheritance regarding property that was opened in a temporarily occupied territory before the beginning of temporary occupation, to any notary in the controlled territory of Ukraine. The court also noted that the plaintiff did not provide proper evidence that they are the sole heir.
Case No. 592/14213/20 dated 24/12/2024
Subject of dispute: challenging Sumy City Council decisions on granting a land plot to an ATO participant, which partially overlaps with a plot in the plaintiff’s use. The court was guided by the fact that the plaintiff did not prove a violation of their rights, as the boundaries of the land plot they use were not established in nature and not fixed with boundary markers. The plaintiff also did not apply to the local self-government body for permission to develop land management documentation for land allocation. Topographic and geodetic survey of actual plot use cannot be considered proper evidence of established boundaries.
The court rejected the claim due to unproven violation of the plaintiff’s land use rights.
Case No. 536/897/24 dated 18/12/2024
Subject of dispute – challenging the appellate court’s verdict regarding additional punishment of revoking the right to drive vehicles for a person who caused a fatal traffic accident. The court was guided by the fact that imposing additional punishment is justified, as the crime was committed while operating a source of increased danger in a populated area and resulted in a person’s death. The court also considered that avoiding such punishment would negatively impact other drivers’ perception of the necessity to comply with traffic rules. The mitigating circumstances (admission of guilt, having children to support, etc.) were already considered when imposing the minimum main punishment.
The Supreme Court upheld the appellate court’s verdict, rejecting the defense counsel’s cassation appeal.
Case No. 161/11130/23 dated 23/12/2024
Subject of dispute – challenging the court verdict regarding a person convicted of violating road safety rules (Part 1, Article 286 of the Criminal Code of Ukraine) in terms of resolving a civil claim for damages. The cassation instance court found that violations were made when considering the civil claim in criminal proceedings, which require separate consideration under civil proceedings. Regarding the criminal punishment, the first instance court’s verdict and the appellate court’s ruling were left unchanged, as the person’s guilt in committing the criminal offense was proven.
