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…
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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…
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.…
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…
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…
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No new decisions were published today
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…
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…
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…
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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
-…
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…
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…
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…
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…
