Case No. 947/30578/21 dated 18/12/2024
The court found that the gas disconnection was unlawful, which is confirmed by a previous court decision. The court took into account that the plaintiff had the right to 40% of gas consumption in the house according to the contract, and not to the entire gas supply. Regarding moral damages, the court recognized its existence due to the deprivation of the ability to use gas for household needs, but did not find evidence of a causal relationship between gas disconnection and the death of the plaintiff’s relatives.
Case No. 751/2284/20 dated 18/12/2024
The appellate court mistakenly believed that an extract from the Unified State Register and an order on changing the representative’s surname were insufficient to confirm their powers, and required additional submission of a statute, regulation, or employment contract. The Supreme Court noted that information from the Unified State Register is sufficient confirmation of the representative’s authority to act on behalf of a legal entity in courts if such information is entered in the register.
Case No. 127/24558/23 dated 23/12/2024
The subject of the dispute is challenging the validity of a will made by the plaintiff’s mother in favor of third parties. The court rejected the claim because: 1) the existence of a severe circumstance that forced the testator to make the will was not proven; 2) references to the disadvantageousness of the will’s conditions as a unilateral transaction are unfounded, as the heir has no material obligations to the testator; 3) illness and advanced age by themselves cannot be grounds for invalidating the will. The Supreme Court upheld the decisions of previous instances rejecting the claim to invalidate the will.
Case No. 296/1469/21 dated 18/12/2024
The court established that the dispute arose regarding a transaction between legal entities (military commissariat and bank) about crediting funds through individual current accounts. Since the parties to the contract are legal entities, not an individual consumer, such a dispute should be considered under commercial, not civil proceedings. The court also noted that violation of jurisdiction rules is a mandatory basis for canceling previous court decisions.
Case No. 712/9022/21 dated 18/12/2024
In rendering its decision, the court was guided by the fact that refusal of a claim for credit debt recovery due to missed statute of limitations does not terminate the main obligation under the credit agreement and is not grounds for terminating the mortgage. At the same time, since the disputed apartment is used as the plaintiff’s sole place of residence, it is subject to the moratorium on seizure of property provided as security for loans in foreign currency.
Case No. 523/6792/20 dated 23/12/2024
The subject of the dispute is the legality of dismissing an employee from the position of lead engineer due to staff reduction. The appellate court found that the employer violated the dismissal procedure, as it did not provide…Case No. 760/16466/23 dated 24/12/2024
Subject of the dispute – appointment of a guardian for an incapacitated person without a submission from the guardianship and trusteeship authority.
The court was guided by the fact that the appointment of a guardian is possible only with a submission from the guardianship and trusteeship authority regarding the expediency of appointing a specific person as a guardian. Since the guardianship authority refused to provide such a submission (due to the objections of the incapacitated person’s blood brother and his intentions to independently arrange guardianship), and the applicant did not challenge this refusal, the court had no legal grounds to appoint him as a guardian. It is also important that the applicant did not prove the existence of family ties with the incapacitated person.
The Supreme Court upheld the decisions of previous instances refusing to satisfy the application for guardianship appointment.
Case No. 642/3557/23 dated 23/12/2024
The court was guided by the following:
1) A claim to declare a fraudulent transaction invalid can only be filed by a creditor, not a party to the contract;
2) There is no proof of intent by both parties regarding the fictitious nature of the transaction;
3) The donation agreement was concluded in compliance with all formal legal requirements, the parties had free will, and the donee actually accepted the property into ownership.
Case No. 604/424/23 dated 19/12/2024
The court was guided by the fact that the lessee’s preferential right to conclude a land lease agreement for a new term cannot dominate the landowner’s exclusive right as the land plot owner. The landowner repeatedly informed the lessee about the unwillingness to continue the lease agreement, which is her legal right. To extend the lease relationship, the consent of both parties is necessary, and the lessee’s will alone is insufficient.
Case No. 198/236/21 dated 24/12/2024
Subject of the dispute – recognition of the right to a land share (share) of 6.9400 hectares from the lands of the former collective agricultural enterprise.
The court was guided by the fact that the prosecutor who filed an appellate complaint on behalf of the territorial community did not provide valid reasons for missing the court decision appeal deadline. At the same time, the court noted that the appellate appeal deadline for a prosecutor is calculated not from the moment he learned about the decision, but from the moment the body on whose behalf he acts receives the decision. Since the territorial community received the decision in a timely manner but did not appeal it, and the prosecutor did not justify the validity of missing the deadline, the court refused to open appellate proceedings.
The Supreme Court upheld the appellate court’s ruling refusing to open appellate proceedings on the prosecutor’s complaint.Case No. 757/8047/14-c dated 19/12/2024
The court denied the claim because the plaintiff did not provide sufficient evidence that she was misled when entering into the contracts. The court established that the plaintiff was aware of the nature of the transactions, and her disagreement with the contract terms does not constitute grounds for declaring them invalid. Importantly, to declare a transaction invalid due to fraud, it is necessary to prove the presence of intent in the defendant’s actions and the materiality of the circumstances in which the person was misled.
Case No. 911/1334/19 dated 18/12/2024
The court was guided by the fact that the decision to exclude the deceased participant was made before the expiration of the 6-month period for inheriting the share by his wife, thereby violating her right to inherit a share in the authorized capital. Moreover, at the time of making such a decision, the legislation did not provide for the possibility of excluding a deceased participant from the company.
Case No. 517/757/22 dated 18/12/2024
When rendering the decision, the court was guided by the fact that the will drawn up by the testator in favor of the defendant is valid, as it was certified by an authorized local self-government body in compliance with certification requirements. The court noted that certifying the will not at the testator’s place of residence does not affect the form of the transaction and cannot be grounds for declaring the will void. Additionally, the plaintiff did not prove that the disputed will did not correspond to the testator’s internal will.
Case No. 201/9914/21 dated 18/12/2024
The cassation court noted that the appellate court made a critical error – it did not examine the purchase and sale agreement itself and did not establish its actual parties. The appellate court drew conclusions solely based on information from the real estate registry, where details about the contract parties are absent. Meanwhile, the defendant claims that the seller was a different person, not the one indicated by the defendant in the case. The court also did not verify whether the apartment actually belonged to the debtor at the time of the contested agreement.
Case No. 354/671/15-c dated 18/12/2024
The court was guided by the fact that the prosecutor chose an inappropriate method of protecting state rights by filing a claim to invalidate the state land certificate of the first acquirer. An effective method of protecting ownership in this case is a vindication claim against the last acquirer – JSC CB “PrivatBank”. At the same time, the court closed proceedings regarding the claim for property recovery from the bank, as such a dispute is subject to consideration in economic courts due to the parties’ composition.
Case No. 354/1149/20 dated 18/12/2024
The court established that a passage to the plaintiff’s plot historically passed through the defendant’s land plot, which is confirmed by the Village General Plan, cadastral plan, and expert opinions. When privatizing her plot, the defendant violated land legislation requirements by not coordinating boundaries withby the owner of the adjacent plot. Erecting a fence and blocking the passage violates the plaintiff’s rights to access her property.
Case No. 405/2886/23 dated 23/12/2024
The appellate court, while canceling the first instance court’s decision, proceeded from the fact that the seizure of vehicles and their transfer for storage to SE ‘SETAM’ would substantially violate the defendant’s right to use this property. The court took into account that these vehicles have already been arrested by another ruling within the same case, therefore their additional seizure is an excessive restriction of the defendant’s rights and indicates a preference for the plaintiff’s position before resolving the case on its merits.
Case No. 185/4792/22 dated 18/12/2024
The court noted that the employer had already conducted an investigation of the accident twice and drawn up the corresponding acts. If disagreeing with the act’s content, the employee has the right to challenge the act in court, rather than demand a new investigation. The plaintiff’s choice of an improper method of protection (demanding a repeated investigation instead of challenging the act) is an independent ground for dismissing the claim.
Case No. 758/4172/21 dated 18/12/2024
The court established that the disputed contract is, by its legal nature, a contract of assignment of claim, not factoring, as it did not provide for a financial service. The court also noted that the issue of proper or improper performance of obligations under the credit agreement does not affect the validity of the contract for assignment of claim. The presence of a notary’s executive inscription also does not prevent the conclusion of a contract for assignment of claim, as the debt has not been repaid.
Case No. 686/27686/23 dated 23/12/2024
When rendering the decision, the court was guided by the fact that the plaintiff had already received compensation for moral damage for the same violation in another case, the passport was issued to him back in 2012, and he did not provide evidence of moral damage during the claimed period from February 15 to June 5, 2021. Moreover, the court took into account that the plaintiff had filed numerous similar claims for different periods.
Case No. 320/4936/23 dated 24/12/2024
The court was guided by the fact that the amount of legal assistance expenses was documentarily confirmed by a legal assistance agreement, a service performance act, and a payment order. Importantly, the tax authority did not provide any objections or motions to reduce the reimbursement amount, although it had such a right. The court also took into account that the claimed amount is proportionate to the volume of work performed by the lawyer and the case’s significance for the participants.
Case No. 640/20970/22 dated 24/12/2024
Subject of dispute: challenging a tax notification-decision that reduced the amount of negative VAT credit value by 6.97 million hryvnias. The court was guided by the fact that the taxpayer has the right to file objections to the inspection act within 10 working days by three methods: directly to the taxRegarding the objections, they can be submitted to the tax authority by mail or through the electronic cabinet. When submitting objections by mail, the date of document submission at the postal office is important, not the tax authority’s working hours. Since the company submitted objections by mail on the last day of the deadline (even after 18:00), the tax authority was obliged to consider them. The tax authority’s failure to take into account timely submitted objections is a significant violation of taxpayers’ rights. Court decision: the claim was fully satisfied, the tax notice-decision was canceled as unlawful.
Case No. 580/3058/24 dated 23/12/2024
The court concluded that only calendar service length (which must be 25 years) is taken into account for pension calculation, not privileged service length. Since the plaintiff applied for pension after the legislative changes came into effect (CMU Resolution No. 119 from 16.02.2022), which established such a calculation procedure, his calendar service length of 21 years is insufficient for pension assignment, despite the presence of additional privileged service length.
Case No. 380/682/20 dated 24/12/2024
The court noted that previous instances incorrectly considered only calendar service length (17 years), without investigating the possibility of privileged service length calculation according to Resolution No. 393. The Supreme Court emphasized that both calendar and privileged service length must be considered for pension assignment, and the authorized body is obliged to review all submitted documents to determine the full service length.
Case No. 200/1294/23 dated 23/12/2024
The court established that after legislative changes in February 2022, the right to service length pension arises only with calendar service length (without privileged calculation). Since the plaintiff applied for pension after these changes came into effect, and his calendar service length is less than the required 22 years 6 months, the refusal to prepare pension documents was lawful. Privileged service length is considered only for determining pension amount, not for its assignment.
Case No. 641/1055/20 dated 18/12/2024
The court was guided by the fact that the decision on reorganization of KP “Kharkiv Wagon Repair Plant” by joining KP “Saltiv Tram Depot” was canceled, the transfer act was not approved, therefore legal succession did not actually occur. Since KP “Kharkiv Wagon Repair Plant” continues to operate independently, it must execute the court decision on funds recovery. The court also took into account the absence of evidence of rights and obligations transfer between the enterprises.
Case No. 716/662/24 dated 24/12/2024
The court was guided by the fact that since the applicant is serving military service and directly performs duties at the place of service, he will actually be unable to perform guardian duties. Moreover, the court considered that the applicant attempted to use guardian appointment as a basis for military service dismissal, which constitutes abuse.
