Articles

Subject of Dispute: Labor Dispute Regarding Employer's Compliance with Legislation When Refusing Termination of Employment Contract at Employee's Initiative Based on Part Three of Article 38 of the Labor Code of Ukraine. Main Arguments of the Court: 1. The court recognized that non-payment of insurance amounts for sick leave certificates may be grounds for terminating the employment…

Here is the translation: 1. Subject of Dispute: The prosecutor challenged the decision of the Kherson City Council regarding the transfer of a land plot to LLC "VLADI-MYR PLUS" and the lease agreement for this land plot. 2. Main Arguments of the Court: - Declaring the council's decision invalid, which has already been executed (lease agreement signed), is…

Subject of Dispute: Calculation and Payment of Pension to a Person Affected by the Chornobyl Catastrophe in Full Scope in Accordance with the Previous Version of the Law. Main Arguments of the Court: 1. The Constitutional Court of Ukraine found unconstitutional amendments to the law that reduced the pension amount for Chornobyl catastrophe victims. 2. The Court deviated…

Subject of Dispute: Invalidation of a Financial Lease Agreement and Recovery of Funds Paid Thereunder. Main Arguments of the Court: The Supreme Court indicated that the courts of previous instances incorrectly applied the consequences of an invalid transaction. The lease agreement is void due to the lack of notarial certification, but the courts erroneously carried out a…

Subject of Dispute: Challenging the Resolution of the Verkhovna Rada of Ukraine on Expressing No Confidence and Dismissing the Ukrainian Parliament's Commissioner for Human Rights during Martial Law. Main Arguments of the Court: The Court clearly interpreted for the first time that during martial law, the Verkhovna Rada may dismiss an official by expressing no confidence, even…

Here is the translation: 1. Subject of Dispute: Challenging the Decree of the President of Ukraine on Applying Sanctions to an Individual for a Period of 10 Years. 2. Main Arguments of the Court: - Sanctions were applied legally on the basis of the Law "On Sanctions" - There is evidence of the person's involvement in actions threatening Ukraine's…

Here is the translation: 1. Subject of Dispute: Challenging the decision of the High Qualification Commission of Judges regarding the refusal to recommend PERSON_1 for a judge position due to doubts about her integrity. 2. Main Court Arguments: The court supported the HQCJ decision, believing there are substantiated doubts about the candidate's integrity due to: - Incomplete property declaration (did…

Subject of the dispute: Recovery of debt under a credit agreement from an individual by a bank. Main arguments of the court: The Supreme Court considers that the appellate court prematurely refused to open appellate proceedings, since the lawyer's powers were confirmed by a legal assistance agreement and a certificate of the right to practice law.…

Subject of Dispute: Cassation appeal of the verdict against PERSON_7, convicted of serious violent crimes, including robbery, unlawful deprivation of liberty, and extortion, with challenging the imposed property confiscation. Main Arguments of the Court: 1. The court recognized that confiscation of all property may violate the rights of other family members living in the house. 2. It was…

Here is the translation: 1. Subject of Dispute: Challenging the city council's decision to grant a land plot to a third party, contrary to the plaintiff's previously submitted application. 2. Main Arguments of the Court: - The city council violated the procedure for reviewing the land application by not bringing it to the session - The court decision obligated…

Subject of Dispute: A Utility Enterprise Challenges the Legitimacy of Penalty Accrual for Late Registration of Tax Invoices during Various Periods of Martial Law. Main Arguments of the Court: 1. The court established that the enterprise indeed violated the terms of tax invoice registration. 2. The court clearly defined that penalties for invoices compiled before January 16, 2023,…

Subject of Dispute: Claiming Back an Apartment from a Bona Fide Acquirer in a Case of Foreclosure on a Mortgage Object. Main Arguments of the Court: 1. The court established that the mortgagee complied with all necessary procedures for out-of-court foreclosure on the mortgage object: sent a demand to remedy violations, conducted a property valuation, and acquired…

Subject of the dispute: Cancellation of the bank's state registration of property ownership for an apartment that was transferred as a mortgage under a loan agreement in foreign currency. Main arguments of the court: 1. The bank did not comply with the procedure for notifying the plaintiff about the breach of obligations, which makes it impossible to…

Here is the translation of the legal analysis: 1. Subject of Dispute: Challenging a tax notification-decision on imposing a penalty for late registration of tax invoices in 2022. 2. Main Arguments of the Court: - Tax invoices were registered with violation of terms (in July-August 2022) - The court clearly determined that new "wartime" norms on reduced penalties (paragraphs…

Here is the translation of the legal text summary: 1. Subject of Dispute: Recovery of penalty for late fulfillment of monetary obligation under a credit agreement and compensation for moral damages. 2. Main Arguments of the Court: - The creditor's right to accrue interest under the credit agreement terminates after the end of the loan term or upon…

Here is the translation: Subject of Dispute: Challenging a Заочне рішення суду (default court judgment) on debt recovery under a credit agreement. Main Arguments of the Court: 1. The Appellate Court incorrectly determined the term for appellate appeal, mistakenly believing it to be 10 days. 2. According to current procedural legislation, the term for appellate appeal is 30 days. 3.…