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Case No. 202/7809/23 dated 12/03/2025

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…

Case No. 990/92/22 dated 27/02/2025

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…

Case No. 990/99/24 dated 27/02/2025

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…

Case No. 489/5087/20 dated 12/03/2025

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…

Case No. 463/597/16-c dated 19/03/2025

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…

Case No. 580/10882/23 dated 18/03/2025

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,…

Case No. 522/17409/22 dated 18/03/2025

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…

Case No. 308/3496/19 dated 12/03/2025

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…

Case No. 560/9731/23 dated 18/03/2025

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…

Case No. 1416/7113/12 dated 26/02/2025

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.…

Review of Ukrainian Supreme Court’s decisions for 22/03/2025

Case No. 595/1754/23 dated 12/03/2025 Subject of Dispute: Criminal case of rape of a minor daughter by her father. Main Arguments of the Court: - The guilt of PERSON_7 is confirmed by a set of evidence: testimony of the victim, witnesses, expert conclusions - The victim identified her father by his characteristic cough and smell of alcohol - Expertise established…

Case No. 910/16479/23 dated 28/01/2025

Here is the translation: Subject of Dispute: Recognition of Bank Guarantee as Non-Enforceable and Termination of Bank's Obligations under the Guarantee. Key Court Arguments: 1. The Bank (guarantor) does not have the right to assess the presence or absence of the principal's obligation, but is obligated to pay under the guarantee if the claim corresponds to the guarantee…

Case No. 906/1537/23 dated 12/02/2025

Subject of Dispute: Termination of a Land Lease Agreement and Demolition of an Unauthorized Construction on a Land Plot in the City of Berdychiv, Located in the Archaeological Cultural Layer Protection Zone. Main Court Arguments: The Supreme Court considers that previous judicial instances incorrectly evaluated the evidence and circumstances of the case. Firstly, the courts did…
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