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Case No. 912/930/24 dated 19/03/2025
Subject of Dispute: Determination of the Authorized Capital and Participants' Shares in the Additional Liability Company "Svitlovodske Quarry Management".
Main Court Arguments:
1. The court established that both in the original claim and in the third party's claim with independent demands, the subject of the dispute is determining the authorized capital and participants'…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices.
Main Arguments of the Court:
1. The court established that the plaintiff violated the terms of registration of tax invoices in the Unified Register of Tax Invoices in 2022.
2. The Supreme Court concluded that paragraphs 89 and…
Subject of Dispute: Challenging Orders on Disciplinary Proceedings and Dismissal of a Civil Servant for Violation of the Oath.
Key Arguments of the Court:
1. The court established that when dismissing a civil servant for violating the Oath, the facts of unlawful behavior that undermine trust in the person as a power holder must be clearly proven.
2.…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices.
Main Arguments of the Court:
1. The court established that the plaintiff registered a number of tax invoices with violation of established terms during the period from February to June 2022.
2. The Supreme Court previously formed a…
Here is the translation:
1. Subject of Dispute: Challenging the Cancellation of a Certificate for Notarial Activity of a Private Notary.
2. Key Court Arguments:
The Supreme Court confirmed the position that failure to notify a notary about a desk audit is a significant procedural violation. However, in this case, the court considers that these circumstances are…
Subject of Dispute: Challenging a Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices in the Unified Tax Invoice Register.
Main Arguments of the Court:
1. The Supreme Court deviates from its previous position regarding the possibility of applying paragraphs 89 and 90 of subsection 2 of section XX "Transitional Provisions" of the Tax Code…
Here is the translation:
1. Subject of Dispute: Challenging orders on disciplinary proceedings and dismissal of a civil servant for violation of the Oath.
2. Key Arguments of the Court:
- Dismissal for violation of the Oath is possible only with clear proof of misconduct against service interests
- The Disciplinary Commission did not provide specific facts of non-performance…
Subject of the dispute: Recognition of the inaction of the Lviv Regional Prosecutor's Office as unlawful regarding non-accrual and non-payment of salary to a prosecutor, taking into account the seniority bonus.
Main arguments of the court:
After the decision of the Constitutional Court of Ukraine dated September 13, 2023, which declared unconstitutional the provisions on prosecutors' remuneration,…
Here is the translation:
Subject of Dispute: Recalculation of a serviceman's monetary provision for the period from February 2020 to March 2023.
Main Arguments of the Court:
The court essentially changes its previous legal position regarding the calculation of terms for filing a lawsuit. It established that:
1. Until July 19, 2022, the old version of the Labor Code…
Subject of Dispute: Recovery from PrivatBank of the deposit amount and accrued interest under a contract that the bank refuses to execute.
Main Court Arguments:
1. The bank received a statement from the client about terminating the deposit agreement and returning funds, but did not fulfill its obligations.
2. The client did not consent to the transfer of…
Subject of Dispute: Recognition of the Validity of an Apartment Purchase and Sale Agreement and Recognition of Ownership Rights.
Main Arguments of the Court:
The Supreme Court established that at the time of the agreement's conclusion (2002), there was no mandatory notarization requirement for apartment purchase and sale agreements. Moreover, since the agreement was registered at a…
Here is the translation:
Subject of Dispute: Determining the Place of Residence of a Minor Child after Parents' Divorce.
Main Arguments of the Court:
1. The child's mother transported the son to the Russian Federation without the father's consent, violating the parental rights of PERSON_2.
2. Relocating the child to another country creates obstacles for the father's communication with…
Here is the translation of the legal analysis:
1. Subject of Dispute: Invalidation of the village council's decision on land plot transfer to ownership and cancellation of the state ownership certificate.
2. Main Arguments of the Court:
The Supreme Court indicated that invalidating the village council's decision and the state certificate is not an effective method of…
Here is the translation:
1. Subject of Dispute: Invalidation of the apartment purchase and sale agreement, which was acquired during marriage without wife's consent.
2. Main Court Arguments:
- The court established a fundamentally important position: the contract can be declared invalid only if the bad faith of the property acquirer is proven.
Key Points:
- The apartment was purchased…
Subject of Dispute: Determining the Legitimacy of Closing Criminal Proceedings Due to Alleged Violation of Pre-Trial Investigation Timelines.
Main Arguments of the Court: The Supreme Court revealed significant procedural inaccuracies in calculating pre-trial investigation timelines. Firstly, the courts of previous instances incorrectly determined the start of the investigation period. Secondly, the case materials contain two different…
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1. Subject of Dispute: Claiming a land plot of 10.76 hectares from illegal possession of Farm Enterprise "Dnipro Chornozems" and challenging the contract termination agreement.
2. Main Court Arguments:
- The plaintiff claims that they did not sign the contract terminating the lease agreement dated October 15, 2018
- The court of first instance recognized…
Subject of Dispute: Establishing Methods of Mother's Participation in Son's Upbringing and Recovery of Moral Damages for Bodily Injuries.
Main Arguments of the Court:
1. The court proceeded from the principle that mother and father have equal rights regarding the child, regardless of marriage dissolution.
2. When determining the mother's participation in upbringing, the court was guided by…
Here is the translation:
1. Subject of Dispute: Invalidation of a land plot sale and purchase agreement due to suspicion of fraudulent transaction (legal act aimed at causing harm to the creditor).
2. Main Arguments of the Court:
- The court noted that private law instruments must be used in good faith, without abuse of rights
- The absence…
Subject of the Dispute: Establishing the Legal Fact of a Father's Independent Care and Upbringing of a Minor Child and Declaring the Child's Mother as Missing.
Main Arguments of the Court: The Supreme Court drew attention to the fact that the courts of previous instances incorrectly assessed the application, considering it solely about establishing the fact…