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Case No. 521/16020/17 dated 05/02/2025
Subject of Dispute: Recovery of the value of a limited liability company's share of 10.978% of the authorized capital, inflation losses, and 3% per annum.
Main Court Arguments:
1. The Supreme Court established that this dispute is corporate and should be considered in economic, rather than civil court proceedings.
2. The basis for this…
Here is the translation:
1. Subject of Dispute: Invalidation of the decision of the general meeting of members of the "Pivnich" auto garage cooperative from series No. 9 regarding delegation of an authorized member.
2. Main Arguments of the Court:
- Plaintiffs believed that the meeting was conducted with procedural violations: without proper notification and without a quorum
-…
Subject of Dispute: Challenging Tax Notifications-Decisions on Land Tax Accrual for 2021 and 2022.
Main Arguments of the Court: The Supreme Court drew attention that the term for filing a lawsuit to cancel a tax notification-decision is six months and is calculated from the day when a person learned or should have learned about the violation…
Subject of Dispute: Challenging the Resolution of the State Service of Ukraine for Transport Safety on Imposing an Administrative and Economic Fine on an Individual Entrepreneur for Improper Execution of a Waybill.
Main Arguments of the Court:
1. The Supreme Court changed its previous position regarding the interpretation of legislation on transportation.
2. The Court considers that deficiencies…
Subject of the dispute: recovery of rent arrears under a real estate lease agreement.
Main arguments of the court:
1. The lease agreement dated 02.01.2018 was not declared invalid in court, therefore it continues to be in effect.
2. In accordance with current legislation, if the tenant continues to use the property after the expiration of the contract,…
Subject of Dispute: Recovery of Advance Payment under the Purchase and Sale Agreement and Challenging the Inaction of the State Executor.
Main Arguments of the Court: The Supreme Court established that the appellate court improperly demanded payment of court fees for an appeal against the ruling on the inaction of the state executor, referring to the…
Subject of Dispute: Recognition of Ownership Rights to an Apartment Located at 122 Fontanska Road.
Main Court Arguments:
1. The court established that the plaintiff was properly notified about court hearings but did not appear.
2. The Supreme Court deviated from previous practice and noted that the plaintiff's non-appearance cannot automatically lead to dismissal of the claim.
3. The…
Here is the translation:
Subject of Dispute: Challenging the Inaction of a Private Executor Regarding the Termination of Enforcement Proceedings for Credit Debt Recovery.
Key Court Arguments:
1. The guarantor argued that credit obligations were fully terminated due to the sale of the mortgage subject at a price exceeding the debt amount.
2. The court indicated that in such…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging the decision of JSC "Lvivgaz" regarding additional gas charges due to the detection of an unauthorized gas pipeline in the consumer's house.
2. Main Court Arguments:
- The court deviated from previous practice and established that the mere fact of an unauthorized gas pipeline's existence…
The case concerns challenging the inaction of the High Council of Justice regarding the non-consideration of the plaintiff's complaint against judges.
The court was guided by the following key arguments: the statement of claim cannot be considered signed, as the signature is located before the text of the document, which contradicts the legal position of the…
Subject of Dispute: Compensation for Moral Damage Caused to an Individual as a Result of Unlawful Criminal Prosecution.
Main Arguments of the Court:
1. The plaintiff was under investigation and trial for 9 years, 8 months, and 12 days, which caused him significant moral suffering.
2. The criminal proceedings were closed due to the absence of elements of…
Subject of Dispute: Return of a Minor Child to the Permanent Place of Residence in the United Kingdom of Great Britain and Northern Ireland.
Main Arguments of the Court:
1. The Court emphasized that clarification of a court decision cannot alter the essence of the decision or establish a new procedure for execution.
2. The issue of determining…
Here is the translation:
1. Subject of Dispute: Recovery by Export Credit Bank of Turkey JSC from Savvats LLC of debt in the amount of 323,502.90 US dollars for delivered goods through subrogation.
2. Main Arguments of the Court:
- The insurer has the right to recover the insurance compensation amount through subrogation in accordance with Turkish legislation
-…
Subject of Dispute: Invalidation of the Surety Agreement concluded between LLC "Sumy Machine-Building Scientific and Production Association" and JSC "Bank Credit Dnipro" in 2016.
Main Arguments of the Court:
The Supreme Court pointed out the need for a thorough verification of the good faith of the transaction, especially if it was concluded during a period when the…
Subject of Dispute: Criminal Proceedings against PERSON_6, a driver who caused a traffic accident resulting in serious bodily injuries to the victim.
Main Arguments of the Court: The Supreme Court did not agree with the appellate court's decision to declare evidence of the driver's state of alcohol intoxication inadmissible. The court indicated that the procedure for…
Subject of Dispute: Recognition of Apartment as Mortgaged and Foreclosure of Mortgage Subject under the Credit Agreement.
Main Court Arguments:
1. The mortgage on the apartment remains valid, even if there was a temporary absence of its record in the register.
2. The alienation of the apartment occurred without the bank's consent, during the validity of a court…
Subject of the dispute: Recovery of debt for thermal energy from apartment owners in the amount of 14,581.01 UAH.
Main arguments of the court:
1. The court adheres to the legal position that all property disputes where the debtor in the bankruptcy case is a party must be considered exclusively by the commercial court handling the bankruptcy…
Subject of the Dispute: Establishing the Fact of the Daughter's Residence with the Mother at the Time of Inheritance Opening and Recognizing Other Heirs as Not Having Accepted the Inheritance.
Main Arguments of the Court: The Supreme Court drew attention to the fact that the place of registration does not always mean the actual place of…
Here is the translation of the legal analysis:
Subject of Dispute: Dismissal of PERSON_1 from the position at the Social Insurance Fund during reorganization and merger with the Pension Fund of Ukraine.
Key Court Arguments:
The Supreme Court for the first time changed its approach to considering similar cases, determining that disputes about dismissal of employees during reorganization…
