Here is the translation: 1. Subject of Dispute: Dispute regarding the refusal of the Ministry of Internal Affairs of Ukraine to provide a military pensioner with an updated certificate on the amount of monetary allowance for pension recalculation. 2. Main Arguments of the Court: - The right to pension recalculation arises when the amount of monetary allowance for…

Subject of Dispute: Challenging the Legitimacy of Penalty Sanctions for Non-Payment of Personal Income Tax at Rates of 25%, 50%, and 75%. Main Arguments of the Court: The court established that the qualifying characteristic for applying penalty sanctions is the mere fact of committing a violation, not a separate decision by the controlling authority. Each established…

Here is the translation: 1. Subject of Dispute: The Prosecutor's Office attempted to compel the Education Department of the Irpin City Council through court to bring the civil protection shelter into proper condition. 2. Key Court Arguments: - A prosecutor can represent state interests in court only if the authority does not exercise or improperly exercises interest protection -…

Here is the translation: 1. Subject of Dispute: The Prosecutor's Office attempted to compel LLC "Deltabudmash" to bring the civil protection shelter into proper technical condition. 2. Key Court Arguments: The Supreme Court for the first time clearly formulated a position that the State Emergency Service does not have direct legislative powers to independently file lawsuits about…

Subject of Dispute: Challenging the Actions of a State Executor Regarding the Imposition of Temporary Restrictions on the Right to Drive Vehicles for a Debtor Serving in the Military. Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the decisions of previous instances. Firstly, the claimant (the child's mother) was not involved…

Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Accrual of Real Estate Tax (Parking Lot) for an Individual Entrepreneur. Main Arguments of the Court: The court drew attention that previous judicial instances did not establish key circumstances of the case, in particular, whether the parking lot can be classified as a temporary structure…

Here is the translation of the legal analysis: 1. Subject of Dispute: Challenging the decision of the Main Tax Authority regarding the cancellation of VAT taxpayer registration for LLC "Art-Stroi" and the obligation to restore registration. 2. Main Arguments of the Court: The Supreme Court established that the cancellation of the decision on VAT taxpayer registration cancellation…

Subject of Dispute: Appointment of a Pension for Length of Service to a Person Dismissed from Service in the State Criminal Executive Service. Main Arguments of the Court: The Supreme Court established that the preferential calculation of length of service for employees of the criminal executive service allows for faster acquisition of the necessary years for…

Here is the translation: Subject of Dispute: Recognition of the Pension Fund's refusal to calculate pension for a person affected by the Chornobyl disaster as unlawful, in full scope. Main Arguments of the Court: 1. The Constitutional Court of Ukraine previously declared the reduction of pensions for Chornobyl disaster victims unconstitutional. 2. The new law, adopted to implement the…

Here is the translation: 1. Subject of Dispute: Invalidation of Assignment of Claims under Credit and Mortgage Agreements and Reclamation of Real Estate. 2. Key Court Arguments: - The court confirmed the legal position of the Grand Chamber of the Supreme Court that assignment of claims under a credit agreement in favor of a natural person does not…

Here is the translation: 1. Subject of Dispute: Invalidation of the land plot exchange agreement dated March 14, 2008 between PERSON_2 and PERSON_3. 2. Main Arguments of the Court: - The plaintiff PERSON_1 did not prove violation of her rights at the time of concluding the exchange agreement in 2008 - The fact that the parties did not immediately…

Here is the translation: 1. Subject of Dispute: Challenging the order of the Main Tax Service Directorate regarding conducting an actual inspection and actions related to drawing up an act on the impossibility of conducting an inspection. 2. Main Arguments of the Court: - The court first formulated a clear legal position regarding the content of the inspection…

Subject of Dispute: Closure of Criminal Proceedings against Three Persons in Connection with the Expiration of Pre-Trial Investigation Terms. Main Arguments of the Court: The Supreme Court established that the criminal proceedings were entered into the Unified Register of Pre-Trial Investigations before March 16, 2018, and therefore are not subject to new procedural rules. The extension…

Subject of Dispute: Recovery of Inflation Losses and 3% Per Annum under a Natural Gas Supply Agreement, the Terms of Which Were Modified by a Settlement Agreement. Main Arguments of the Court: 1. A settlement agreement at the stage of executing a court decision is a legal act that changes the terms of monetary obligation performance. 2. The…

Subject of the dispute - application of sanctions against PERSON_1 in accordance with paragraph 1-1 of part 1 of Article 4 of the Law of Ukraine "On Sanctions". The court carefully analyzed the arguments of the parties and concluded about the legitimacy of the original decision. The panel of judges paid special attention to the fact…

Here is the translation: 1. Subject of Dispute: Determining the legitimacy of increasing the authorized capital of LLC "Premiori" and changes in participants' shares. 2. Main Arguments of the Court: The court established that the actions of the Company Premiori LTD participant regarding the increase of authorized capital are unlawful for the following reasons: - An additional contribution of…

Subject of Dispute: Criminal Proceedings against an Individual Who Disseminated Materials on Facebook Denying the Russian Armed Aggression against Ukraine and Containing Calls for Seizure of State Power. Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the consideration of the case by lower courts. Firstly, the court of first instance did…

Subject of the dispute: Challenging the tax notification-decision of the Main Directorate of the State Tax Service in Kyiv Oblast. Main arguments of the court: The Supreme Court supported the position of the appellate court regarding the missed deadline for filing a lawsuit, as the plaintiff did not comply with the one-month term for appealing the…