The case concerns establishing the fact of the wife being dependent on her deceased husband for the purpose of receiving a survivor's pension.
Key arguments of the court: The Supreme Court considers that establishing such a fact should occur through civil special proceedings, not administrative legal proceedings. The court emphasized that establishing the fact of dependency…
Subject of the Dispute: Dismantling of a Fence and Gates on the Plaintiff's Land Plot without Establishing a Land Easement or Purchasing the Land Plot.
Main Arguments of the Court:
1. The Appellate Court incorrectly recognized the actions of local authorities as lawful, as it did not investigate the possibility of establishing a land easement.
2. There is…
The case concerns the recognition of property rights to an apartment in an unfinished residential building.
Main arguments of the court:
1. PERSON_1 in 2012 entered into a preliminary agreement with LLC "Social Youth Initiative" and fully paid the cost of the apartment (459,328 UAH).
2. The developer has not fulfilled its obligations - the building has not…
Here is the translation of the legal analysis:
1. Subject of Dispute: Determination of heirs' shares in inherited property (residential house) after parents' death.
2. Main Court Arguments:
- The disputed property belonged to the parties' parents as joint common ownership
- Plaintiff PERSON_1 actually accepted the inheritance after the father's death but was not fully taken into account…
Subject of the Dispute: Prosecutor's cassation appeal against the ruling of the Vinnytsia Court of Appeal regarding sentencing of a woman who committed torture of her own child.
Main Arguments of the Court: The court thoroughly analyzed the norms of criminal legislation and concluded that the sanction of the article on torture does not provide for…
Subject of Dispute: Criminal Proceedings Regarding Theft of Monetary Funds Amounting to 2,000 UAH, Committed by PERSON_6 in June 2023.
Main Arguments of the Court: The Supreme Court established that as a result of legislative changes (Law No. 3886-IX), the threshold for criminal liability for theft was increased to 2,684 UAH, and the stolen amount (2,000…
Subject of Dispute: Challenging a Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices during Martial Law.
Main Arguments of the Court:
1. Despite martial law, the taxpayer is obligated to register tax invoices within the timeframes established by law.
2. The taxpayer must prove the impossibility of fulfilling the tax obligation by submitting a corresponding…
Subject of Dispute: Payment of Average Earnings to an Employee on Military Service during Mobilization.
Main Arguments of the Court:
1. The court deviates from previous judicial practice and forms a new legal position regarding the preservation of average earnings for employees performing scientific and pedagogical activities during mobilization.
2. A law adopted in 2022 canceled the general…
Here is the translation:
1. Subject of Dispute: Challenging the decision of the Department of Urban Planning and Architecture regarding refusal to provide urban planning conditions and restrictions for the reconstruction of non-residential buildings on a land plot.
2. Key Court Arguments:
- The land plot's intended purpose (12.11 - for road service facilities placement) does not match…
Subject of Dispute: A serviceman challenges the inaction of the State Border Guard Service regarding non-payment of additional compensation amounting to up to 30,000 hryvnias for October and November 2022.
Main Arguments of the Court:
The Supreme Court established a fundamentally important position that the courts of previous instances incorrectly applied Instruction No. 188 when assessing the…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Applying Penalties for Failure to Provide Documents Confirming Inventory of Goods at a Filling Station.
Main Arguments of the Court:
1. The Supreme Court confirmed the previous legal position that liability is imposed only for failure to provide documents regarding goods that are directly located…
Subject of Dispute: Recognition as Unlawful and Cancellation of the Personal Reception Schedule of the Pension Fund of Ukraine.
Main Arguments of the Court:
The court deviated from its previous legal position regarding document signing. Now the signature must be placed after the main text of the document, which will prevent manipulations and distortion of content. Previously,…
Subject of Dispute: Review of a Judicial Decision Based on Newly Discovered Circumstances in Criminal Proceedings.
Main Arguments of the Court: The Supreme Court established that the Court of Appeal incorrectly closed the proceedings on PERSON_1's application for review of the judicial decision. The Court of Appeal essentially examined the application on its merits, but instead…
Here is the translation:
1. Subject of Dispute: Reclaiming Real Estate (Pharmacy Premises and Land Plot) and Invalidation of Mortgage Agreement.
2. Key Court Arguments:
- Property was removed from the possession of owner PERSON_1 as a result of invalid public auction
- Owner has the right to reclaim property from a bona fide acquirer if it was removed…
Registered 4 draft laws:
10302/P Draft Resolution on Adopting as a Basis the Draft Law on Amendments to the Criminal Procedural Code of Ukraine Regarding the Composition of the Court in Cases of Military Criminal Offenses, Criminal Offenses Against Peace, Human Security, and International Legal Order
Initiating Subject: People's Deputy of Ukraine
12244/P1 Draft Resolution on Rejecting the…
No new legal acts were published today
Key Changes in Legislation:
1. The procedure for conducting economic activities during martial law has been modified - declarations instead of permits will be valid until the end of the calendar year after the end of martial law, but for at least 3 months. Requirements for outdoor advertising placement have been added.
2. A new list of…
This decree of the President of Ukraine concerns the recognition of military personnel with state awards for personal courage in protecting the state sovereignty and territorial integrity of Ukraine.
The structure of the decree includes a list of awardees by categories of state awards:
- Order of Bohdan Khmelnytsky (I, II, and III degrees)
- Order "For Courage"…
This decree of the President of Ukraine concerns the recognition of military personnel with state awards for personal courage in protecting the state sovereignty and territorial integrity of Ukraine.
The structure of the decree includes the assignment of various state awards of different degrees:
- Order of Bohdan Khmelnytsky (I, II, and III degrees)
- Order "For Courage"…
This decree of the President of Ukraine concerns the recognition of military personnel with state awards for personal courage in protecting the state sovereignty and territorial integrity of Ukraine.
The structure of the decree includes a list of awardees for various types of state awards:
- Distinguished Service Cross (5 persons)
- Order of Bohdan Khmelnytsky I-III degrees…