Subject of Dispute: Imposing Subsidiary Liability on Former Founders of LLC "Steelman" for the Debtor's Obligations in Connection with Driving It to Bankruptcy. Main Arguments of the Court: The Supreme Court considers the conclusions of previous judicial instances premature. First, the courts did not fully investigate the evidence of the liquidator regarding the actions of the founders…

Subject of Dispute: Official Misconduct by a State Executor in the Forced Sale of Real Estate Belonging to the State Institution "Ukrvodgeo". Main Arguments of the Court: 1. The Supreme Court found that the appellate court improperly verified the evidence regarding the actions of the state executor PERSON_6, who prepared documents for the sale of the state…

Here is the translation: 1. Subject of Dispute: Ivano-Frankivsk City Council demands the recovery of a land plot with an area of 6.2207 hectares from the illegal possession of LLC "IOLIT - IF". 2. Main Arguments of the Court: - The disputed land plot is located within the territory of Ivano-Frankivsk City Council - Vovchynetsk Village Council illegally disposed…

Subject of Dispute: Criminal Proceedings Regarding a Person Who Committed Theft of Monetary Funds from an ATM Totaling 3,600 UAH. Main Arguments of the Court: The Supreme Court established that due to legislative changes that came into effect on August 9, 2024, thefts amounting to up to 2 non-taxable minimum incomes of citizens (2,684 UAH in…

Here is the translation: 1. Subject of Dispute: Recovery of debt for natural gas supply from Private Joint-Stock Company "Bila Tserkva Thermal Power Plant" in favor of LLC "Gas Supply Company 'Naftogaz Trading'". 2. Main Arguments of the Court: - The court thoroughly analyzed the legal succession conditions under Article 22 of the Law "On Heat Supply" - Established…

Subject of Dispute: Determining the Correct Procedure for Pension Calculation When Transitioning from Service Pension to Old-Age Pension. Main Arguments of the Court: The Supreme Court established that when a person transitions from a service pension to an old-age pension under a different law, this constitutes a new pension assignment, not a transfer. Therefore, when such…

Subject of Dispute: Challenging the Investigating Judge's Ruling Refusing to Lift Property Seizure after Criminal Proceedings Closure. The court was guided by the following key arguments: firstly, current criminal procedural legislation does not contain a clear prohibition on appealing investigating judge's rulings on property seizure after the completion of pre-trial investigation; secondly, the right to appeal…

Subject of Dispute: Recognition of Creditor Claims of PJSC "Ukrainian Innovation Company" against LLC "Mykolaiv Business Center "Oleksandrivskyi" in the Bankruptcy Case for the Amount of 20,084,721.33 UAH. Main Arguments of the Court: The court established that PJSC "Ukrinbank" and PJSC "Ukrainian Innovation Company" are the same legal entity, despite the change in name. Previous courts prematurely…

Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision on Accrual of Real Estate Tax for an Industrial Complex. Main Arguments of the Court: The Supreme Court considers that previous judicial instances incorrectly applied the norm on exemption from taxation of industrial buildings. The Court emphasized that for obtaining the tax benefit, merely…

Here is the translation: 1. Subject of Dispute: Challenging a tax notification-decision on imposing penalties for late payment of rental fee for oil. 2. Main Arguments of the Court: - Provisions of paragraph 87.9 of Article 87 of the Tax Code of Ukraine cannot be applied to legal relations that arose before 01.01.2011 - At the time of the…

Subject of Dispute: Possibility of Reviewing an Investigating Judge's Ruling on Permit for Special Pre-trial Investigation Based on Newly Discovered Circumstances. Main Arguments of the Court: 1. Review based on newly discovered circumstances is an extraordinary procedure applied in exceptional cases. 2. Not all investigating judge's rulings can be reviewed, only those that create significant restrictions on a…

Analysis of the Court Decision: 1. Subject of Dispute: Imposing subsidiary liability on the founder of LLC "PROBILD" in the bankruptcy case for the amount of 1,022,909.00 UAH. 2. Main Arguments of the Court: The Supreme Court considers that the appellate court unjustifiably suspended the proceedings due to the defendant's service in the Armed Forces of Ukraine.…

Subject of Dispute: Closure of Criminal Proceedings in a Case Involving Economic Crimes and Money Laundering. Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly applied procedural norms when closing the criminal case. First, for criminal proceedings initiated before March 16, 2018, the extension of pre-trial investigation terms falls…

Subject of Dispute: Review of a Judicial Decision Regarding a Person Who Committed a Robbery During Martial Law. Main Arguments of the Court: The Supreme Court drew attention to the improper substantiation by lower courts of Articles 69 and 75 of the Criminal Code of Ukraine. The Court emphasized that mitigation of punishment requires the presence…

Analysis of the Court Decision: 1. Subject of Dispute: Closure of criminal proceedings against three Ukrposhta employees suspected of misappropriating funds totaling 711,354.16 UAH. 2. Key Court Arguments: The Supreme Court deviated from previous judicial practice and established that the period from the moment of issuing a resolution to close criminal proceedings to the moment of its cancellation…

Subject of Dispute: Challenging a Court Decision Due to Violation of Territorial Jurisdiction Rules in a Criminal Case Involving Attempted Murder. Main Arguments of the Court: First, determining jurisdiction is not always obvious before the case review begins. Second, if a jurisdictional violation is discovered after the judicial process has started, this is not an automatic…