Here is the translation:
1. Subject of Dispute: The prosecutor filed a lawsuit demanding that the Narkevychi Village Council bring the protective structure - radiation shelter - to a state of readiness.
2. Main Court Arguments:
The Supreme Court concluded that the State Emergency Service does not have legally established powers to independently file lawsuits about bringing protective…
Here is the translation:
1. Subject of Dispute: Dispute regarding the calculation and payment of a pension to a person affected by the Chornobyl disaster, in the amount of 6 minimum old-age pensions.
2. Main Arguments of the Court:
The Supreme Court established that the law adopted in 2021 does not comply with the decision of the…
Subject of Dispute: Challenging the Return of a Statement of Claim Due to Doubts Regarding the Lawyer's Authority.
Main Arguments of the Court:
1. Returning a statement of claim that is drawn up in accordance with procedural law and signed by a lawyer constitutes a violation of the right to judicial protection.
2. The presence of a certificate…
Subject of Dispute: Declaring Unlawful and Cancelling the Decision of the Executive Committee of Svitlovodsk City Council on Permission for Apartment Reequipment and Installation of Individual Heating.
Main Arguments of the Court:
1. The court noted that the provisions of Procedure No. 169 do not prohibit disconnecting apartments from centralized heating, but establish limitations - allowing this…
Here is the translation:
1. Subject of Dispute: Challenging the actions of the State Geocadaster regarding the cancellation of state registration of a land plot and its transfer to the archival layer.
2. Main Arguments of the Court:
- The State Geocadaster canceled the land plot registration due to the absence of property rights registration within a year
-…
Subject of Dispute: Challenging the Decisions of the Political Party "Civic Position" on Recalling a Deputy of the Ivano-Frankivsk United Territorial Community.
Main Arguments of the Court:
1. The decision of the local party organization's conference on proposing the recall of a deputy is an internal organizational matter and cannot be challenged in an administrative court.
2. The…
Subject of Dispute: Challenging the Decision of the State Migration Service Regarding Refusal to Recognize a Belarusian Citizen as a Refugee or a Person in Need of Subsidiary Protection.
Main Arguments of the Court:
The Supreme Court confirmed the previous legal position that a person who is a combatant (military serviceman) cannot simultaneously be an asylum seeker.…
Here is the translation:
1. Subject of Dispute: Consumer rights protection in a case regarding non-commissioning of a multi-apartment residential building and recovery of penalty sanctions for delay.
2. Key Court Arguments:
- The court recognized that the developer cannot be forcibly compelled to commission the facility
- It was established that the defendant's fault in delay is not…
Subject of Dispute: Challenging a Tax Notification-Decision on Additional Accrual of Value Added Tax.
Main Arguments of the Court:
1. The courts of previous instances did not conduct a comprehensive analysis of primary documents and circumstances of economic transactions, focusing only on formal signs (presence of criminal proceedings, lack of labor resources among contractors).
2. The Supreme Court…
Here is the translation:
1. Subject of Dispute: Recalculation of pension for a person with disability as a result of the Chornobyl disaster to the level of 6 minimum old-age pensions.
2. Main Arguments of the Court:
- The Supreme Court established that the Law of Ukraine dated June 29, 2021, No. 1584-IX does not comply with…
Here is the translation:
1. Subject of Dispute: Partial Invalidation of a Spousal Will and Recognition of Property Rights to a Land Plot through Statutory Inheritance.
2. Key Court Arguments:
The Supreme Court deviated from its previous legal position and formulated new conclusions regarding joint spousal wills. Key arguments:
- A joint spousal will may only concern property that…
Subject of Dispute: Recognition of the Pension Fund's actions as unlawful regarding non-payment of a full pension to a person with a disability resulting from the Chornobyl catastrophe.
Main Arguments of the Court:
1. The Constitutional Court declared unconstitutional the norm delegating the Cabinet of Ministers the right to establish minimum pensions for Chornobyl catastrophe victims.
2. Law…
Here is the translation:
1. Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
2. Main Arguments of the Court:
The Supreme Court established a unique approach to calculating compensation by dividing the period into two stages due to legislative changes. Until July 19, 2022, previous…
Subject of Dispute: Challenging a Tax Notice-Decision on Penalty Accrual for Violation of Currency Legislation in Foreign Economic Activity.
Key Arguments of the Court:
The Supreme Court deviated from previous legal positions and established that penalties for violation of currency legislation during quarantine do not fall under the preferential provisions of the Tax Code. The Court pointed…
Subject of Dispute: Removal of Obstacles in Using a Residential Premises by Settling the Plaintiff into a House Belonging to His Mother and Daughter.
Main Arguments of the Court:
1. Previous instance courts improperly examined evidence and case circumstances, in particular, they did not interrogate the defendants as witnesses and did not provide a motivated assessment of…
Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Improper Pension Indexation.
Main Arguments of the Court:
1. The Court established that Procedure for Pension Recalculation No. 124 does not comply with the Pension Insurance Law, as it differently defines the indicator subject to indexation.
2. According to the law, indexation should be carried out by…
Subject of Dispute: Recovery of Debt for Electricity Produced in the Temporarily Occupied Territory during the Period of October 2021 - August 2022.
Main Arguments of the Court: The Court considers that the legal relations in this case are similar to the case currently being considered by the Supreme Court in the United Chamber. The key…
Subject of Dispute: Illegal Storage of Combat Ammunition (Grenades and Cartridges) by a Person Being Prosecuted for the First Time.
Main Arguments of the Court: The court thoroughly analyzed the circumstances of the case and concluded that despite the severity of the crime, there are significant mitigating circumstances. Firstly, the person sincerely repented, assisted in solving…
Subject of Dispute: Determination of the Correctness of Calculating the Pre-Trial Investigation Period and Legality of Closing Criminal Proceedings against PERSON_10 for Fraud.
Main Arguments of the Court: The Supreme Court established that when calculating the two-month pre-trial investigation period, the day of notifying a person of suspicion is not taken into account. The final moment…
Here is the translation:
1. Subject of Dispute: Eviction of the NOC Branch from a municipal premises and recovery of rent arrears after contract termination.
2. Main Arguments of the Court:
- The lease agreement expired on 31.12.2020
- The respondent did not request contract extension
- The tenant is obligated to immediately return the property after contract termination
- Eviction…