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Case No. 906/1312/23 dated 18/02/2025

Here is the translation: Subject of Dispute: Recovery of Debt for Rent and Penalty under a Real Estate Lease Agreement between JSC "Ukrzaliznytsia" and Individual Entrepreneur Eismont V.S. Key Court Arguments: 1. The court established that lease agreement No. 589 had a long history of extension, but after legislative changes from 01.02.2020, the procedure for contract extension changed. 2.…

Case No. 917/28/24 dated 26/02/2025

Subject of Dispute: Invalidation of Supplementary Agreements to the Electricity Supply Contract and Reimbursement of Unjustly Paid Funds. Main Arguments of the Court: 1. The Supreme Court drew attention to the fact that the appellate court prematurely rejected the claim without clarifying the specific state interests being protected in the case. 2. The Court emphasized that the procedural…

Case No. 712/8174/23 dated 18/02/2025

Subject of Dispute: Exemption from Criminal Liability of Investigator PERSON_8 Due to Expiration of Statute of Limitations for Charges of Illegal Detention of Activists During 2014 Events. The court clearly determined that when exempting a person from criminal liability under Article 49 of the Criminal Code (expiration of statute of limitations), there is no need to…

Review of Ukrainian Supreme Court’s decisions for 02/03/2025

Here is the translation of the legal text from Ukrainian to English: Case No. 908/2596/23 dated 19/02/2025 Subject of Dispute: Company "TOLEXIS TRADING LIMITED" challenges the decision of the annual general meeting of LLC "Zaporizhzhia Titanium-Magnesium Combine", where its representative was not allowed to vote due to the absence of the original power of attorney. Main Arguments of…

Case No. 580/5664/23 dated 26/02/2025

Here is the translation: 1. Subject of Dispute: Dispute regarding the refusal of the Ministry of Internal Affairs of Ukraine to provide a military pensioner with an updated certificate on the amount of monetary allowance for pension recalculation. 2. Main Arguments of the Court: - The right to pension recalculation arises when the amount of monetary allowance for…

Case No. 805/3434/17-a dated 26/02/2025

Subject of Dispute: Challenging the Legitimacy of Penalty Sanctions for Non-Payment of Personal Income Tax at Rates of 25%, 50%, and 75%. Main Arguments of the Court: The court established that the qualifying characteristic for applying penalty sanctions is the mere fact of committing a violation, not a separate decision by the controlling authority. Each established…

Case No. 320/3378/23 dated 26/02/2025

Here is the translation: 1. Subject of Dispute: The Prosecutor's Office attempted to compel the Education Department of the Irpin City Council through court to bring the civil protection shelter into proper condition. 2. Key Court Arguments: - A prosecutor can represent state interests in court only if the authority does not exercise or improperly exercises interest protection -…

Case No. 580/4576/22 dated 26/02/2025

Here is the translation: 1. Subject of Dispute: The Prosecutor's Office attempted to compel LLC "Deltabudmash" to bring the civil protection shelter into proper technical condition. 2. Key Court Arguments: The Supreme Court for the first time clearly formulated a position that the State Emergency Service does not have direct legislative powers to independently file lawsuits about…

Case No. 533/535/24 dated 13/02/2025

Subject of Dispute: Challenging the Actions of a State Executor Regarding the Imposition of Temporary Restrictions on the Right to Drive Vehicles for a Debtor Serving in the Military. Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the decisions of previous instances. Firstly, the claimant (the child's mother) was not involved…

Case No. 160/7225/24 dated 25/02/2025

Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Accrual of Real Estate Tax (Parking Lot) for an Individual Entrepreneur. Main Arguments of the Court: The court drew attention that previous judicial instances did not establish key circumstances of the case, in particular, whether the parking lot can be classified as a temporary structure…

Case No. 400/10114/23 dated 25/02/2025

Here is the translation of the legal analysis: 1. Subject of Dispute: Challenging the decision of the Main Tax Authority regarding the cancellation of VAT taxpayer registration for LLC "Art-Stroi" and the obligation to restore registration. 2. Main Arguments of the Court: The Supreme Court established that the cancellation of the decision on VAT taxpayer registration cancellation…

Case No. 560/14729/23 dated 26/02/2025

Subject of Dispute: Appointment of a Pension for Length of Service to a Person Dismissed from Service in the State Criminal Executive Service. Main Arguments of the Court: The Supreme Court established that the preferential calculation of length of service for employees of the criminal executive service allows for faster acquisition of the necessary years for…

Case No. 240/35668/23 dated 25/02/2025

Here is the translation: Subject of Dispute: Recognition of the Pension Fund's refusal to calculate pension for a person affected by the Chornobyl disaster as unlawful, in full scope. Main Arguments of the Court: 1. The Constitutional Court of Ukraine previously declared the reduction of pensions for Chornobyl disaster victims unconstitutional. 2. The new law, adopted to implement the…

Case No. 161/7088/22 dated 19/02/2025

Here is the translation: 1. Subject of Dispute: Invalidation of the land plot exchange agreement dated March 14, 2008 between PERSON_2 and PERSON_3. 2. Main Arguments of the Court: - The plaintiff PERSON_1 did not prove violation of her rights at the time of concluding the exchange agreement in 2008 - The fact that the parties did not immediately…

Case No. 160/14336/23 dated 25/02/2025

Here is the translation: 1. Subject of Dispute: Challenging the order of the Main Tax Service Directorate regarding conducting an actual inspection and actions related to drawing up an act on the impossibility of conducting an inspection. 2. Main Arguments of the Court: - The court first formulated a clear legal position regarding the content of the inspection…
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