CASE OF BILYAVSKA v. UKRAINE
Let me provide a detailed analysis of this important ECHR decision:
1. Essence of the decision in 3-5 sentences:
- This case concerns a dispute between an elderly Ukrainian woman and her adult children who occupied her house in Bucha, Ukraine, making it impossible for her to live there. The Court…
Essence of the decision:
The European Court of Human Rights examined three joined applications from Ukrainian nationals regarding their pre-trial detention related to a terrorist attack investigation in Dnipropetrovsk in 2012. The Court found violations of Article 5 §§ 1 and 3 of the Convention concerning unlawful detention and lack of justification for prolonged pre-trial detention.…
Essence of the decision:
The European Court of Human Rights ruled on the case of Babkinis v. Ukraine, concerning an employee of the Environmental Inspectorate who was denied back pay for the period when she couldn't work due to hostilities in Luhansk region in 2014. The Court found that Ukraine violated Article 6 § 1 of…
Here's a detailed analysis of the ECHR decision in Golovchuk v. Ukraine:
1. Essence of the decision in 3-5 sentences:
- The case concerns unlawful interference with a judge's exercise of judicial office after her court (High Administrative Court) was terminated due to judicial reform in Ukraine. The Court found violations of Article 8 (right to…
Let me provide a detailed analysis of this important ECHR decision:
1. Essence of the decision in 3-5 sentences:
- This case concerns a dispute between an elderly Ukrainian woman and her adult children who occupied her house in Bucha, Ukraine, making it impossible for her to live there. The Court found violations of both Article…
Case No. 520/10351/24 dated 19/03/2025
Subject of Dispute: Appeal of the Decision of the State Tax Service of Ukraine by an Individual Entrepreneur.
Main Arguments of the Court: The court thoroughly analyzed the reasons for missing the appeal deadline and concluded that the lack of budget funding for paying court fees is not a valid reason. The…
Subject of Dispute: Recovery of Debt under Agreements for Software Complex Use and Provision of Related Services between LLC "Naftogaz Digital Technologies" and JSC "Ukrgazvydobuvannya" for the year 2021.
Main Court Arguments: The Supreme Court established that the agreements could not be automatically extended for 2021 due to the entry into force of the new Law…
Subject of Dispute: The Prosecutor challenges the city council's inaction regarding improper placement of temporary structures for entrepreneurial activities.
Main Arguments of the Court:
1. Compliance with the procedure for placing temporary structures constitutes a public interest of the territorial community.
2. If a local self-government body violates state interests, the prosecutor has the right to appeal to…
Here is the translation:
1. Subject of Dispute: Division of Jointly Owned Marital Property, including corporate rights, real estate, vehicles, and debt obligations.
2. Key Court Arguments:
The court deviated from previous judicial practice regarding division of spouses' corporate rights. In particular, it recognized that one spouse may claim payment of a share in the company's authorized capital,…
Subject of Dispute: Return of Equity Contributions in Connection with Termination of a Participation Agreement in Construction between an Individual and a Housing Construction Cooperative.
Main Arguments of the Court:
1. The Participation Agreement in Construction dated January 26, 2007, was terminated by the court due to significant violations of the contract terms, which gives the plaintiff…
Here is the translation of the legal text summary:
1. Subject of Dispute: Housing Cooperative (OSBB) challenges the purchase and sale agreement and ownership certificates for auxiliary premises of a multi-apartment building.
2. Key Court Arguments:
- Auxiliary premises are common property of the building's co-owners
- The Housing Cooperative has the right to apply to court to protect…
Subject of Dispute: Recovery of Thermal Energy Debt from an Individual by "NizhynTeploMezhi" Company.
Main Arguments of the Court: The Supreme Court supported the appellate court's position that since "NizhynTeploMezhi" company is in bankruptcy proceedings, all property disputes involving it must be considered by the commercial court within the bankruptcy case. The court referred to the…
Here is the translation:
Subject of Dispute: Vynohrativ City Council attempts to recover a residential house from the Farming Enterprise "Kolos" by challenging the state registration of ownership rights to this house.
Main Arguments of the Court:
1. The court established that state registration of ownership rights is not an indisputable proof of ownership, but creates a presumption…
Here is the translation:
1. Subject of Dispute: Recovery of legal expenses for legal assistance from the plaintiff in favor of the defendant in a case of leaving the claim without consideration.
2. Main Arguments of the Court:
The Supreme Court indicated that to recover legal expenses, the defendant must prove the groundlessness of the plaintiff's actions.…
Here is the translation:
1. Subject of Dispute: Challenging the decision of the Antimonopoly Committee of Ukraine regarding recognition of DP "Lactalis-Ukraine" actions on labeling the product "Soft Cottage Cheese" as unfair competition.
2. Main Court Arguments:
- The product packaging provides complete information about its composition and name - "Thermized Cream Cheese"
- Expert examination confirmed that the…
Here is the translation:
1. Subject of Dispute: Recovery from the trade union organization of unpaid funds upon dismissal and average earnings for the delay in settlement.
2. Main Arguments of the Court:
- The employer unlawfully withheld taxes from the previously court-recovered amount of average earnings for forced absence
- Upon dismissal, the employee was not paid all…
Here is the translation:
1. Subject of Dispute: Challenging tax authority decisions on refusal to register tax invoices in the Unified Tax Invoice Register.
2. Key Court Arguments:
- The taxpayer (PE "UKR-PETROL") did not exercise the right to provide additional explanations and documents after receiving notifications from the tax authority.
- Changes to Procedure No. 520 from March…
Here is the translation:
1. Subject of Dispute: Challenging the order to suspend an employee from work without pay due to refusal to be vaccinated against COVID-19.
2. Key Court Arguments:
The Supreme Court indicated that suspension from work must be proportional and involve an individual risk assessment. In this case:
- The employee has only 4 direct and…
Subject of Dispute: Recovery of Debt under a Legal Assistance Agreement from the Heir of a Deceased Client.
Main Arguments of the Court:
1. The court established that the legal assistance agreement between the lawyer and the client was not actually concluded due to the absence of indisputable evidence of its signing and agreement on essential terms.
2.…
Here is the translation:
1. Subject of Dispute: Criminal proceedings regarding assistance in receiving an unlawful benefit by an official in a significant amount.
2. Main Arguments of the Court:
- The court deviates from previous judicial practice in cases of corruption crimes. It thoroughly analyzes the circumstances of the case related to other persons, but does…