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Case No. 916/1294/21 dated 29/01/2025
Subject of Dispute: Invalidation of the Decision of the General Meeting of the OSBB "ZhK Luxembourg" dated 07.04.2017 on Approval of Membership Fees for House and Adjoining Territory Maintenance
Main Arguments of the Court:
- The OSBB Statute does not provide specific requirements for the number of votes to make a decision on…
Subject of the dispute - the legality of the Main Pension Fund of Ukraine's refusal to grant a service pension to an individual.
The court was guided by the following key arguments: firstly, the person applied for pension assignment after 19.02.2022, when changes to the pension calculation procedure came into effect; secondly, from this moment, pension…
Subject of the Dispute: Claim by PERSON_1 for reinstatement at work after dismissal from the Social Insurance Fund Management in connection with its reorganization.
Main Arguments of the Court: The Supreme Court established that as a result of the reorganization of the Social Insurance Fund by merging with the Pension Fund of Ukraine, a specific public…
Here is the translation:
Subject of Dispute: Invalidation of Dispositions on Transfer of Land Plots of a Former Educational Institution to Citizens.
Main Arguments of the Court:
1. The land plot of 70 hectares was in permanent use by the educational institution since 1989.
2. Over time, parts of the land plot totaling 38.1 hectares were withdrawn.
3. The court…
Here is the translation:
Subject of Dispute: Payment of Deceased Husband's Unpaid Pension to His Wife.
Main Arguments of the Court:
1. Legislation provides a special legal regime for social payments of a deceased person that were not received during their lifetime.
2. If a family member applies for payment within 6 months after the pensioner's death, such funds…
Subject of the Dispute: Declaring Unlawful and Cancelling the Dismissal Order, Reinstatement in Position, and Recovery of Wages for the Period of Forced Absence of an Employee of the Social Insurance Fund of Ukraine.
Main Arguments of the Court:
1. The dispute concerns public legal relations, as the plaintiff seeks reinstatement in a position in an agency…
Here is the translation:
Subject of Dispute: Reinstatement to the Position of School Principal and Recovery of Average Earnings for the Period of Forced Absence.
Key Arguments of the Court:
1. By the Decision of the Constitutional Court of Ukraine dated February 7, 2023, the provision on concluding fixed-term employment contracts with pedagogical workers of retirement age was…
Here is the translation:
1. Subject of Dispute: Recognition of the illegal transfer of a forestry land plot into private ownership and its return to the state.
2. Main Arguments of the Court:
- The prosecutor cannot represent the interests of a state enterprise in court
- Declaring decisions and agreements invalid is not an effective method of protecting…
Subject of Dispute: Challenging the Actions of the Pension Fund Regarding Refusal to Conduct Pension Indexation Using Coefficients of Average Wage Increase.
Main Arguments of the Court:
1. Legislation provides for annual pension indexation by increasing the average wage indicator.
2. The Court considers that Procedure No. 124 partially contradicts the Pension Provision Law, as it establishes a…
Subject of Dispute: The Prosecutor's Office challenges the minutes of the State Commission on Mineral Reserves and the special permit for subsoil use issued to LLC "Granite Blacksi".
Main Court Arguments: The Supreme Court considers that a change in judicial practice regarding the procedural capacity of the prosecutor is not a valid reason for restoring an…
Subject of the Dispute: Recognition of the Pension Fund's Refusal to Recalculate Pension for a Person Affected by the Chornobyl Disaster as Unlawful, and Obligation to Perform Pension Recalculation in Accordance with the Previous Version of the Law.
Main Arguments of the Court: The Supreme Court established that the 2021 version of the law sets lower…
Subject of Dispute: Imposing Joint and Several Liability on the Director of LLC "Telecommunication and Information Systems" for Untimely Bankruptcy Petition.
Main Arguments of the Court:
The court established that to impose joint and several liability on the debtor's director, it is necessary to clearly determine the amount of such liability and claim recovery of a specific…
Subject of Dispute: Recovery from PrivatBank of 1,400,000 UAH in lease payments made under a financial leasing agreement that was terminated.
Key Court Arguments:
1. The financial leasing agreement is a mixed contract and includes elements of lease and sale.
2. Part of the lease payments is essentially a prepayment for property that was to be transferred to…
Analysis of the Draft Law:
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Analysis of Other Documents:
Analysis of Documents Regarding the Draft Law of Ukraine "On Timber Market"…
2 Draft Laws Registered:
13019 Draft Law on Amendments to the Law of Ukraine "On Measures to Prevent and Reduce Tobacco Product Consumption and Their Harmful Impact on Public Health" Regarding Regulation of Tobacco Product Consumption in Specially Equipped Premises
Initiating Subject: People's Deputy of Ukraine
12309/П Draft Resolution on Adopting as a Basis the Draft Law of…
The European Commission has imposed provisional anti-dumping duties on decor paper imported from China, with rates ranging from 31.0% to 34.9%. The regulation covers specialized decor paper used in furniture and interior design manufacturing.
The investigation determined that Chinese manufacturers were selling decor paper in the EU market at prices substantially below normal value. The Commission…
Legislative Changes Digest:
1. Construction of critical infrastructure facilities in the fuel and energy sector has been simplified. During martial law, construction is allowed without standard permit procedures, with the possibility of advance payment for works up to 6 months.
2. An experimental project has been introduced to attract youth aged 18-25 to military contract service with…
Essence of the Act:
The order amends the procedure for paying remuneration to State Special Communications Service servicemembers during martial law. The key innovation is the introduction of a one-time reward of 70,000 hryvnias for each 30 days of combat tasks performance at the line of contact, occupied territories, and the aggressor's territory.
Structure and Main Provisions:
1.…
Translation:
Essence of the Act:
This is a technical order that introduces editorial amendments to a previous order regarding the specifics of additional compensation payments to military personnel and cadets of State Special Communications Service during martial law. The main purpose is to address observations from the state registration body and clarify formulations.
Structure and Main Provisions:
1. Supplementing…
