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Review of Ukrainian Supreme Court’s decisions for 06/03/2025

Case No. 910/6213/23 dated 18/02/2025 Subject of Dispute: Invalidation of the Presidium Decision of the Ukrainian Cycling Federation dated 14.10.2022. Main Court Arguments: 1. PERSON_2 had the authority as First Vice President to conduct the Federation's presidium meeting. 2. The Federation's Charter does not prohibit conducting a meeting by poll and does not require a personal list of participants. 3.…

Case No. 802/2079/17-a dated 28/02/2025

Here is the translation: 1. Subject of Dispute: Challenging tax notifications-decisions issued by the Main Directorate of the State Fiscal Service in Vinnytsia Oblast regarding the Municipal Utility Enterprise "Emergency Dispatch Service" based on the results of economic transaction verification with LLC "Autocomfort Plus". 2. Main Court Arguments: - The court established the reality of economic transactions between…

Case No. 260/9579/23 dated 28/02/2025

Subject of Dispute: Failure of the Solotvyn Village Council to fulfill the obligation to provide free meals for children from privileged categories. Main Arguments of the Court: 1. The prosecutor filed a lawsuit in the interests of the state, however, the Supreme Court established that it actually concerns the protection of specific children's rights, rather than national…

Case No. 400/2358/24 dated 27/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Incorrect Pension Indexation. 2. Key Arguments of the Court: The court established a fundamental difference between the norms of law and subordinate legal act regarding pension indexation. In particular, Procedure No. 124 provides for increasing the average salary indicator as of October…

Case No. 560/4462/24 dated 28/02/2025

Here is the translation of the legal analysis: 1. Subject of Dispute: The prosecutor attempted to challenge the inaction of authorities regarding the failure to provide free meals to children from internally displaced persons at a vocational school. 2. Main Arguments of the Court: The Supreme Court considers that this case concerns the protection of specific children's…

Case No. 400/5760/24 dated 27/02/2025

Subject of Dispute: A judge challenges the incorrect calculation of judicial remuneration for May 2024 using a reduced subsistence minimum. Main Arguments of the Court: 1. The Law on Judicial System clearly defines that for calculating a judge's remuneration, the subsistence minimum as of January 1 of the calendar year (3,028 UAH) should be used, not an…

Case No. 757/5930/17-c dated 26/02/2025

Here is the translation: 1. Subject of Dispute: Invalidation of a non-residential premises purchase and sale agreement, concluded between spouses during divorce without the consent of one of the spouses. 2. Main Arguments of the Court: The Supreme Court changed previous judicial practice, indicating that the most effective way to protect property rights is not invalidating contracts,…

Case No. 922/2993/20 dated 26/02/2025

Here is the translation: Subject of Dispute: The prosecutor challenged the decision of the Kharkiv City Council regarding the privatization of non-residential premises and their purchase and sale agreements. Key Arguments of the Court: 1. Declaring the city council's decision invalid, which has already been executed, is not an effective method of protecting the territorial community's rights. 2. The…

Case No. 991/5675/24 dated 28/02/2025

Here is the translation: 1. Subject of Dispute: Criminal proceedings against People's Deputy PERSON_9, who was accused of illegally receiving housing rental compensation totaling 700,280 UAH. 2. Key Court Arguments: - The apartment purchased by PERSON_9 in 2015 was not suitable for living until December 2018 - No evidence of intentional abuse of official position - PERSON_9's actions corresponded to…

Case No. 904/3743/22 dated 27/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the actions of a state executor regarding the initiation of enforcement proceedings in a territory included in the list of active combat zones. 2. Key Arguments of the Court: - The legislative prohibition concerns the place of initiating enforcement proceedings, not the location of the debtor's registration - The introduction…

Case No. 211/2401/19 dated 19/02/2025

Here is the translation of the legal analysis: 1. Subject of Dispute: Labor dispute regarding reinstatement of a locomotive driver PERSON_1 after his dismissal by JSC "Ukrainian Railways". 2. Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly terminated the proceedings in the case, since the previous decision on reinstatement was cancelled…

Case No. 911/2779/23 dated 27/02/2025

Subject of Dispute: Recovery of Debt under a Contract for Capital Road Repair from the Hostomel Village Council and Hostomel Village Military Administration. Main Arguments of the Court: 1. The Appellate Court incorrectly established the circumstances of the case, in particular, it did not verify the parties' compliance with the contract terms regarding the definition of work…

Case No. 922/2640/23 dated 20/02/2025

Subject of Dispute: Recognition of Monetary Claims of the Creditor (LLC "Farsi") in the Bankruptcy Case of LLC "Refill". Main Arguments of the Court: 1. The court established that when determining the status of creditor claims, the moment of claim origin should be taken into account, not the term of its execution. 2. Regarding the assignment of claim…

Case No. 420/17642/22 dated 27/02/2025

Subject of Dispute: Recognition of the Communal Enterprise's Inaction as Unlawful Regarding Maintenance of Civil Protection Shelter in Improper Technical Condition. Main Court Arguments: 1. The Prosecutor does not have the right to replace the authorized state authority in implementing state supervision measures during martial law. 2. The State Emergency Service and the Regional Military Administration do not…

Case No. 907/801/20 dated 18/02/2025

Here is the translation: 1. Subject of Dispute: Recognition of the actions of the Main Directorate of the State Geocadastre as unlawful regarding the change of land plot purpose on the Borzhava meadow and their lease to LLC "Atlas Volovets Energy" for wind power plant construction. 2. Main Court Arguments: The court pointed out several fundamental violations in…

Case No. 373/2169/23 dated 24/02/2025

Subject of Dispute: Criminal Case Regarding a Person Who Committed Several Thefts and Illegal Intrusions into Private Possessions during Martial Law. Main Arguments of the Court: The Court established that for one of the theft episodes (theft of a bicycle worth 950 hryvnias), criminal liability is absent due to changes in legislation that raised the threshold…

Review of Draft Laws as of 03/06/2025 1. Draft Law “On Amendments to Certain Legislative Acts of Ukraine Regarding the Protection of Labor Rights” – Proposes strengthening guarantees for employees’ social protection – Introduces stricter penalties for labor law violations – Expands the list of grounds for compensation in case of unlawful dismissal 2. Draft Law “On Renewable Energy Sources Development” – Defines mechanisms for stimulating renewable energy production – Establishes tax and financial incentives for green energy projects – Regulates the procedure for connecting renewable energy facilities to the power grid 3. Draft Law “On Combating Cybercrime and Ensuring Information Security” – Updates legal framework for cybersecurity – Defines responsibilities of state bodies in preventing cyber threats – Establishes procedures for investigating and prosecuting cybercrimes 4. Draft Law “On State Support for Small and Medium Enterprises” – Provides financial and tax support for SMEs – Simplifies administrative procedures for business registration – Creates mechanisms for state guarantees and lending 5. Draft Law “On Amendments to the Criminal Code of Ukraine” – Introduces new provisions on criminal liability – Adjusts sanctions for certain types of crimes – Harmonizes criminal legislation with international standards

7 Draft Laws Registered: 11170-2/P Draft Resolution on Rejecting the Draft Law on Amendments to Certain Legislative Acts of Ukraine Regarding Improvement of Handling Minor Complexity Cases on Pension and Other Social Payments, Typical Administrative Cases, and Judicial Control Initiating Subject: People's Deputy of Ukraine 11170-1/P Draft Resolution on Rejecting the Draft Law on Amendments to Certain Legislative…
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