Subject of Dispute: Challenging the Resolution of Ukrtranssafety on Imposing an Administrative and Economic Fine on LLC "Unisev Group" for Exceeding Vehicle Weight Norms. Main Arguments of the Court: The Supreme Court considers that previous judicial instances incorrectly determined the status of the motor carrier. To establish such status, two conditions must be proven: the existence…

Subject of Dispute: Challenging a Tax Notification-Decision Regarding Penalty for Late Registration of Tax Invoices. Main Arguments of the Court: 1. The Supreme Court established that the taxpayer is exempt from liability for late registration of tax invoices during the moratorium period from March 1, 2020, to May 26, 2022. 2. The Court noted that Law No. 2876-IX,…

Here is the translation: 1. Subject of Dispute: Challenging tax notifications-decisions regarding the imposition of penalties for late payment of rent for subsoil use. 2. Key Arguments of the Court: - The controlling authority credited the paid funds towards repayment of the existing tax debt, which automatically led to the accrual of penalty sanctions - The court noted that…

Subject of Dispute: Recognition of Military Department's Actions as Unlawful Regarding Non-Issuance of Clarified Certificate on Monetary Compensation for Recalculation of Military Serviceman's Pension. Main Court Arguments: 1. The Supreme Court established that when recalculating military servicemen's pensions, it is necessary to take into account the average actual amounts of allowances and bonuses by position. 2. Courts of…

Subject of the Dispute: Recovery of Debt for License Fees for Conducting Gambling Activities. Main Arguments of the Court: The court established that the dispute has a public law nature, since the Commission for Gambling and Lottery Regulation (CGLR) acts as a subject of authoritative powers, which implements state policy in the gambling sphere. The legal…

Subject of the Dispute: Imposing Joint and Several Liability on the Former Director of LLC "Biotes" for Untimely Filing of Bankruptcy Petition. Main Arguments of the Court: The court indicated that imposing joint and several liability requires a clear definition of its amount and a claim for recovery of a specific sum. In this case, the creditor…

Here is the translation of the legal analysis: 1. Subject of Dispute: Establishing the fact of living together without marriage registration and recognition of property ownership rights for a shared property. 2. Main Arguments of the Court: The court established that the plaintiff was in a registered marriage until February 23, 2023, and therefore cannot claim to…

Here is the translation of the court decision analysis: 1. Subject of Dispute: Claiming an administrative building with a total area of 10,168.7 m2 from the unlawful possession of LLC "Tibet". 2. Main Arguments of the Court: - The property was removed from the owner's possession against their will during the bankruptcy procedure - The previous auction for the…

Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Improper Pension Indexation. Main Arguments of the Court: The court established that the provisions of Procedure No. 124 partially contradict the Pension Provision Law, as they limit the mechanism of pension indexation. In particular, setting the base indicator of average salary as of 01.10.2017 nullifies the…

Analysis of the Court Decision: 1. Subject of Dispute: Termination of the land lease agreement and its return to the owner due to systematic non-payment of rent. 2. Main Arguments of the Court: - It was established that LLC "Osmostechnology" did not pay rent during 2016-2020, with the debt amounting to 228,068.60 UAH - The court referred to the…

Here is the translation: 1. Subject of Dispute: Challenging the orders of the Ministry of Environmental Protection regarding the approval of the territory organization project for Kivertsi National Nature Park "Tsumanska Pushcha". 2. Main Arguments of the Court: - Functional zoning of the national nature park's territory must be carried out in coordination with land plot owners. - Previous…

Here is the translation: 1. Subject of Dispute: The prosecutor on behalf of the Novomoskovsk City Council demanded the demolition of unauthorized structures on a water fund land plot and termination of individual entrepreneur Huseynova M.'s ownership rights to these objects. 2. Key Court Arguments: - Disputed buildings are located in the coastal protection zone of the Samara…

Here is the translation: 1. Subject of Dispute: Dispute regarding the initiation of bankruptcy proceedings for LLC "Odesagaz-Postachannia" based on the application by JSC "Ukrgazbank". 2. Key Arguments of the Court: - The court established that the debtor artificially changed its location after the creditor filed a bankruptcy petition, attempting to create obstacles for initiating proceedings. At…

Here is the translation: 1. Subject of Dispute: Recognition of the Pension Fund's refusal to grant a service pension to a criminal executive service employee as unlawful. 2. Main Court Arguments: - The Law on the State Criminal Executive Service provides for preferential service years calculation (1 month of service counted as 40 days) - Preferential calculation does not…