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Case No. 759/20557/20 dated 17/01/2025
Subject of Dispute: Recovery of debt under a claim assignment agreement regarding the return of funds from aircraft sale.
Main Court Arguments:
1. The plaintiff did not provide proper evidence of claim transfer from the original creditor, specifically the claim assignment agreement.
2. The plaintiff did not raise territorial jurisdiction violation during the first…
Subject of Dispute: Legality of the territorial body of the State Judicial Administration of Ukraine applying a special type of subsistence minimum of 2,102.00 UAH instead of the general subsistence minimum for able-bodied persons of 3,028.00 UAH when issuing a certificate of judicial remuneration as of 01.01.2024.
Main Arguments of the Court: The Supreme Court considers…
Subject of the Dispute: Invalidation of Additional Agreements to the Electricity Supply Contract and Recovery of Funds from LLC "Kharkivgaz Zbut" in Favor of the Education Department of the Kostiantynivka City Council.
Main Arguments of the Court: The Supreme Court considers that the appellate court unjustifiably suspended the proceedings in the case, as the respondent did…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Authority's Requirement for Payment of Unified Social Contribution by an Individual Entrepreneur.
Main Arguments of the Court: The Supreme Court established that the plaintiff had actually ceased entrepreneurial activity back in 2000, but had not officially completed all legislative procedures for terminating entrepreneur status. The Court…
Subject of Dispute: Challenging the Resolution of the State Executive Service on Termination of Enforcement Proceedings and Return of the Appeal Complaint due to Non-Payment of Court Fee.
Main Arguments of the Court:
1. The Constitutional Court of Ukraine declared unconstitutional the norms on collecting court fees when appealing executors' decisions, as this violates a person's right…
Here is the translation:
1. Subject of Dispute: Invalidation of Decisions of the General Meeting of the Service Cooperative "Tian Kong" and Related Registration Records.
2. Main Arguments of the Court:
- The court identified procedural violations in the convening and conducting of the general meeting:
- Inconsistency of powers of the person who convened the meeting
- Improper notification…
Subject of Dispute: Invalidation of Purchase and Sale Agreements and State Registrations of Property Ownership for an Apartment.
Main Arguments of the Court:
1. The court established that property ownership rights for one apartment have been registered for two persons - PERSON_1 and PERSON_2 with different registration numbers.
2. Property rights to the apartment for PERSON_2 arose earlier…
Subject of Dispute: Criminal Proceedings Regarding Theft of Property Valued at 500 UAH, Committed by PERSON_6 by Entering a Dwelling during Martial Law.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly closed the criminal proceedings, as the value of the stolen property did not exceed 2 non-taxable minimums. The court…
Subject of Dispute: Determination of the Correct Commodity Classification Code (Nicotine Benzoate in Propylene Glycol) during Customs Clearance.
Key Arguments of the Court:
1. The court considers that previous judicial instances incorrectly classified the goods under code 2939791000 (alkaloids), without taking into account the details of the explanatory notes to the Ukrainian Commodity Nomenclature of Foreign Economic…
Subject of the Dispute: Recovery of Unjustifiably Retained Funds for Land Use.
Main Arguments of the Court:
1. The Appellate Court closed the proceedings due to jurisdiction rule violations, considering that the dispute should be heard in the commercial court.
2. The Court drew attention that closing proceedings due to jurisdictional issues is not grounds for automatic recovery…
Subject of Dispute: Challenging the Conclusion of the Eastern Office of the State Audit Service Regarding Violation of the Public Procurement Procedure for Vehicle Repair and Maintenance Services.
Main Arguments of the Court:
The Supreme Court considers that previous court decisions require review due to incomplete investigation of the case circumstances. Firstly, the courts did not establish…
Subject of Dispute: Recognition of the Land Plot Transfer as Illegal and Its Return to Communal Ownership.
Main Arguments of the Court:
1. The Supreme Court deviated from previous practice and recognized that changing the land use type within the same land category (from recreational purpose for recreational facilities to individual summer cottage construction) does not require…
Subject of Dispute: Recognition of Ownership Right to a Compulsory Inheritance Share by a Foreigner.
Main Arguments of the Court:
Firstly, the court fundamentally changed the approach to determining the disability status for foreigners in inheritance law. It clearly indicated that for a foreigner, the disability status should be determined by the legislation of their country of…
Subject of Dispute: Challenging the Order of the Prosecutor General dated 30.04.2021 No. 136 on Declaring Invalid Orders Regarding the Creation of Staffing Commissions for Prosecutor Selection.
Main Arguments of the Court:
1. The time limit for filing a lawsuit was correctly calculated from 20.10.2021, when the plaintiff became aware of the content of the order.
2. The…
Subject of Dispute: Challenging the Inaction of the Main Directorate of the Pension Fund of Ukraine Regarding Pension Indexation in 2022 and 2023.
Main Arguments of the Court: The court established that when recalculating pensions assigned in 2020-2023, it is necessary to increase the average wage indicator that was directly used to calculate the pension at…
Subject of Dispute: Recalculation of Old-Age Pension Using the Average Wage Indicator for 2021-2023 When Transitioning from Service Pension.
Main Court Arguments: The Supreme Court established that when transitioning from a service pension to an old-age pension, the average wage indicator for the last three years (2021-2023) should be applied, not the previous period. The court…
Subject of the Dispute: Invalidation of the Purchase and Sale Agreement for a Part of an Apartment, Concluded by the Husband without the Wife's Consent.
Main Arguments of the Court: The Supreme Court indicated that invalidation of the agreement is possible only if the bad faith of the counterparty is proven, that is, if the third…
Subject of Dispute: Bank's Return of Full Amount of Funds after Cancellation of International Money Transfer.
Main Arguments of the Court:
The court established that the bank did not provide sufficient evidence of the lawfulness of withholding part of the funds. In particular, the bank did not explain the reasons for currency conversion and did not provide…
Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine on Amending Article 206 of the Criminal Code of Ukraine to Eliminate Terminological Inconsistencies
Essence of the Draft Law: The draft law is aimed at making a terminological amendment to Article 206 of the Criminal Code of Ukraine, proposing to replace the word "integral"…