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Some Issues of the Functioning of the Unified Equipment Register

The essence of the resolution is to approve a new Procedure for Maintaining the Unified Register of Equipment for Tobacco Product Manufacturing. The document defines the procedure for creating and maintaining the register, the mechanism for adding and removing information about such equipment, and the procedure for accessing register information. Document Structure: 1. General provisions about the…

On Amendments to the Agenda of the Thirteenth Session of the Verkhovna Rada of Ukraine of the Ninth Convocation

This resolution amends the agenda of the thirteenth session of the Verkhovna Rada of Ukraine, adding two new draft laws to it. The document is a procedural act of the parliament that regulates its current work. Structurally, the resolution consists of two points and an appendix. The first point establishes the inclusion of new draft laws,…

On Adopting as a Basis the Draft Law of Ukraine on Amendments to the Law of Ukraine “On the Fundamentals of National Resistance” Regarding the Involvement of War Veterans in the Organization and Implementation of Preparation of Ukrainian Citizens for National Resistance

Resolution on Adopting the Draft Law as a Basis, Providing for Amendments to the Law "On the Fundamentals of National Resistance". The main objective is to involve war veterans in the preparation of Ukrainian citizens within the national resistance system. The document structure is simple - it is a technical resolution consisting of two points: 1. Adopting…

On Adopting as a Basis the Draft Law of Ukraine on Amendments to the Criminal Procedural Code of Ukraine Regarding Improvement of Guarantees for Protection of Economic Entities during Criminal Proceedings

Resolution on Adopting the Draft Law Amending the Criminal Procedure Code of Ukraine Regarding Enhanced Business Protection during Criminal Proceedings The document structure is simple - this is a technical resolution containing two points: adopting draft law No. 12439 as a basis and instructing the relevant committee to refine it for the second reading, taking into…

Review of Ukrainian Supreme Court’s decisions for 27/02/2025

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…

Case No. 420/3716/24 dated 20/02/2025

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…

Case No. 905/578/24 dated 19/02/2025

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…

Case No. 280/6057/19 dated 20/02/2025

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…

Case No. 440/8929/24 dated 20/02/2025

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…

Case No. 916/3226/23 dated 11/02/2025

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…

Case No. 522/18333/19 dated 13/02/2025

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…

Case No. 468/1243/23 dated 18/02/2025

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…

Case No. 240/28192/23 dated 18/02/2025

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…

Case No. 307/3036/19 dated 22/01/2025

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…

Case No. 460/14056/23 dated 20/02/2025

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…

Case No. 495/1259/21 dated 19/02/2025

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…

Case No. 638/7132/15-c dated 30/01/2025

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…

Case No. 520/15675/23 dated 20/02/2025

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…

Case No. 460/2711/24 dated 20/02/2025

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…
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