CASE OF KHOMENKO AND OTHERS v. UKRAINE
Essence of the decision:
The European Court of Human Rights (ECHR) examined five joined applications against Ukraine concerning inadequate detention conditions in the Kyiv Pre-Trial Detention Facility. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions and lack of effective remedies. The…
Essence of the decision:
The European Court of Human Rights (ECHR) examined the case of Tymoshenko v. Ukraine concerning deficiencies in proceedings for reviewing the lawfulness of detention. The applicant's son continued the case after his father's death in August 2023. The Court found Ukraine in violation of Article 5 § 4 of the Convention due…
Essence of the decision:
The European Court of Human Rights (ECHR) examined 12 joined applications against Ukraine concerning inadequate conditions of detention and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention in all cases, related to poor detention conditions in Kryvyi Rih Detention Facility. The Court awarded compensation…
Essence of the decision:
The European Court of Human Rights (ECHR) ruled on the case of Onishchenko v. Ukraine concerning excessively long civil proceedings in Ukrainian courts. The Court found that Ukraine violated Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention due to unreasonably…
Essence of the decision:
The European Court of Human Rights (ECHR) examined five joined applications against Ukraine concerning inadequate detention conditions in the Kyiv Pre-Trial Detention Facility. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions and lack of effective remedies. The applicants were awarded compensation ranging from 4,700…
Case No. 991/6770/23 dated 10/03/2025
Subject of Dispute: Clarification of a court decision regarding the recovery in state revenue of an apartment recognized as an unjustified asset.
Main Arguments of the Court: First, the court decision dated 24.07.2024 is clear, motivated, and does not require additional clarification. Second, the representative of the defendant's statement is essentially aimed…
Subject of Dispute: Review of a Court Decision Based on Newly Discovered Circumstances in a Case Concerning Debt Recovery under a Credit Agreement.
Main Arguments of the Court: The Supreme Court established that the district court decision of June 13, 2014, regarding the claims against PERSON_2 was not modified by the appellate court, therefore, the application…
Subject of Dispute: Invalidation of a Land Plot Sale and Purchase Agreement, which was Concluded under the Influence of Severe Life Circumstances.
Main Arguments of the Court:
1. To declare a transaction invalid under Article 233 of the Civil Code of Ukraine, a combination of conditions is necessary: the presence of a severe circumstance and the conclusion…
Here is the translation:
1. Subject of Dispute: Recognition of the order on land plot lease as illegal and recovery of a land plot located within the landscape reserve "Pryorilskyi".
2. Main Court Arguments:
- The disputed land plot belongs to the nature reserve fund lands and is located within the landscape reserve of national significance "Pryorilskyi"
- The…
Here is the translation:
Subject of Dispute: Recognition of the Dismissal of a State Enterprise Director as Illegal Due to Revocation of State Secret Clearance
Key Court Arguments:
1. The dispute regarding the dismissal of an employee under paragraph 2 of part one of Article 40 of the Labor Code of Ukraine (due to revocation of state secret…
Subject of Dispute: Return of a Forestry Land Parcel Illegally Alienated from State Ownership.
Main Court Arguments:
1. The court established that the forestry land parcel was illegally transferred from state ownership to private individuals through a series of consecutive legal transactions.
2. The court concluded that the most effective method of protecting the state's right is a…
Subject of Dispute: Recognition of a Garden House as Joint Marital Property and Division of Property after Divorce.
Key Court Arguments:
The court fundamentally changed its approach to interpreting the marriage contract. The key arguments are that the parties in the marriage contract clearly agreed on a separate property regime acquired during the marriage. The court emphasized…
Analysis of the Court Decision:
1. Subject of Dispute: Partial invalidation of inheritance certificates and recognition of ownership rights to a part of a residential house and an unauthorized extension.
2. Main Arguments of the Court:
- The plaintiff claimed that the notary unjustifiably included her share of the house and unauthorized extension in the inheritance estate
- The…
Subject of Dispute: A Military Serviceman Challenges the Decision of the Ministry of Defense Commission Regarding Refusal to Provide a Service Apartment for Permanent Residence.
Main Arguments of the Court:
The Supreme Court considers that a jurisdictional conflict arose between administrative and civil proceedings in this case. Previous court decisions violated the plaintiff's right of access to…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of the mortgagee's (PrivatBank) right to real estate and foreclosure of the mortgaged property due to the debtor's failure to fulfill credit obligations.
2. Main Arguments of the Court:
- The credit agreement from 2007 remains valid, the debtor has not fulfilled their obligations
- Alienation…
Subject of Dispute: Issuance of an Enforcement Order for Compulsory Execution of an Arbitration Court Decision on Debt Recovery from an Individual.
Main Arguments of the Court: The Supreme Court thoroughly analyzed the debtor's status and concluded that he remains a resident of Ukraine, as he has a registered place of residence in Ukraine, is a…
Subject of the Dispute: Recovery of Unjustly Acquired Funds from LLC "Ukrainian Financial Operations" in Favor of the Plaintiff.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly returned the appellate complaint, as the electronic power of attorney formed in the "Electronic Court" subsystem is a full-fledged document confirming the representative's…
Subject of Dispute: Eviction of PERSON_2 and her minor children from an apartment owned by PERSON_1 following foreclosure on the mortgage subject.
Main Arguments of the Court:
1. The court established that the defendants moved into the apartment after the mortgage agreement was concluded without the mortgagee's permission, which violates the requirements of Article 9 of the…
Here is the translation:
1. Subject of Dispute: The Prosecutor's Office sought to recover a land plot of 0.7483 hectares from LLC "A.T.K.", which was illegally withdrawn from state ownership contrary to the land conservation decision.
2. Main Court Arguments:
- The land plot was part of degraded lands subject to conservation through afforestation
- The State Geocadaster order…
Subject of the Dispute: Compensation for Property Damage Caused to a Police Service Vehicle as a Result of a Traffic Accident during Patrol Duty.
Main Arguments of the Court:
The Supreme Court consistently maintains the position that disputes concerning damage caused by an employee during public service are public law matters and subject to administrative court proceedings.…
