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Here is the translation of the legal texts:
Case No. 914/1334/22 dated 18/02/2025
1. Subject of Dispute: Invalidation of the Ryasne-Ruska Village Council's decision to transfer a land plot into ownership of the garage construction cooperative "Pickup".
2. Main Arguments of the Court:
- The appellate court considers that the prosecutor's chosen method of protection (invalidation of the decision)…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging a tax notification-decision on a penalty for late registration of tax invoices in the Unified Register.
2. Main Arguments of the Court:
The Supreme Court essentially deviates from previous judicial practice and introduces a new interpretation of tax legislation application. The Court thoroughly examined the…
Here is the translation:
1. Subject of Dispute: Challenging court rulings regarding return and non-acceptance of an appeal by a person with a disability due to non-compliance of documents confirming disability status.
2. Main Court Arguments:
- Medical and Social Expert Commission (MSEC) certificate is a valid document for confirming disability and exemption from court fees
- The Law…
Subject of the Dispute: Employee PERSON_1 challenges the inaction of the Territorial Directorate of the Court Security Service in Mykolaiv Oblast regarding non-payment of monetary compensation upon dismissal.
Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly considered that this lawsuit is identical to the previous case. The judges…
Subject of Dispute: Military Serviceman PERSON_1 challenges the inaction of the military unit regarding the non-issuance of a certificate about the circumstances of an injury sustained during the performance of official duties.
Main Arguments of the Court:
1. The Supreme Court considers that the previous judicial instances approached the determination of court appeal terms too formally, without…
Subject of Dispute: A female servicemember challenges the incorrect calculation of monetary allowance indexation for the period from March 2018 to August 2021.
Main Arguments of the Court:
1. The court established that previous court decisions incorrectly assessed the mechanism of calculating the "indexation difference" according to paragraphs 3-6 of item 5 of Procedure No. 1078.
2. To…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions of LLC "AMBRA IMPEKS" regarding additional tax liabilities and penalty sanctions.
2. Main Arguments of the Court:
- The plaintiff's business transactions with counterparties are of a real nature
- Primary documents comply with legislative requirements
- Lack of fixed assets by counterparties is not grounds for recognizing transactions…
Subject of Dispute: Recognition of Unlawful Inaction by a Municipal Enterprise Regarding Improper Maintenance of a Civil Protection Shelter.
Main Arguments of the Court:
1. The Supreme Court established that the prosecutor does not have the right to apply to the court on behalf of the state in the interests of the State Emergency Service and the…
Subject of Dispute: A serviceman challenges the incorrect calculation of one-time financial assistance upon dismissal and demands its recalculation taking into account the subsistence minimum for different years.
Main Arguments of the Court: The Supreme Court established that the concepts of "monetary allowance", "one-time financial assistance", and "salary" are equivalent, therefore the plaintiff is exempt from…
Subject of Dispute: Recognition of Actions by the Territorial Administration of the State Judicial Administration of Ukraine in Chernihiv Oblast as Unlawful Regarding Calculation and Payment of Judicial Remuneration at a Reduced Subsistence Minimum.
Main Court Arguments:
1. The court established that when calculating remuneration, a subsistence minimum of 2,102 UAH was used instead of 2,684 UAH,…
Here is the translation:
1. Subject of Dispute: Challenging court rulings regarding return and non-acceptance of an appeal by a person with a disability due to non-compliance of documents confirming disability status.
2. Main Court Arguments:
- Medical and Social Expert Commission (MSEC) certificate is a valid document for confirming disability and exemption from court fees
- The Law…
Here is the translation:
1. Subject of Dispute: Challenging the Legitimacy of Penalty Sanctions for Late Registration of Tax Invoices Issued from November 2021 to January 2022.
2. Key Court Arguments:
- During quarantine and martial law, there were moratoriums on applying penalty sanctions for late registration of tax invoices
- Legislation did not create fair conditions for taxpayers…
Here is the translation of the legal analysis:
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. The period of recovery of average earnings covers the interval from August 11, 2021, to May 02, 2024.
2. The Court changes the previous practice…
Subject of Dispute: Removal of Obstacles in Using Residential Premises and Settling the Former Husband into a House Belonging to His Former Wife.
Main Arguments of the Court:
1. Plaintiff PERSON_1 was settled into the house on legal grounds as a family member of the owner, and therefore has the right to use the housing even after…
Subject of Dispute: Return of an Administrative Fine Paid Based on a Court Order Subsequently Cancelled by the Supreme Court.
Main Arguments of the Court:
1. The institution of reversal of court decision execution, provided for in Article 380 of the Administrative Procedure Code of Ukraine, cannot be applied to orders imposing a fine under Article 149…
Here is the translation:
1. Subject of Dispute: Recovery by Horodok City Council from PE "Universam" of rental fee arrears for a land plot in the amount of 1,958,024.90 UAH.
2. Main Court Arguments:
- Previous instance courts believed that the plaintiff incorrectly calculated the rental fee, unjustifiably applying annual inflation coefficients on a cumulative basis.
- The Supreme…
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1. Subject of Dispute: Recovery of bank deposit contributions, interest thereon, and compensation for moral damages.
2. Key Court Arguments:
: The Supreme Court confirmed the previous legal position that replacement of the debtor in the obligation without the client's written consent is unlawful. The bank remains responsible for returning deposits.
- The bank is…
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1. Subject of Dispute: Challenging a tax notification-decision on accrual of penalties for violation of settlement terms in foreign economic activity.
2. Key Court Arguments:
: The Supreme Court deviated from previous practice and changed the approach to understanding force majeure circumstances.
- Chamber of Commerce and Industry certificate on force majeure is not an…
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. In accordance with Article 117 of the Labor Code of Ukraine, the employer is obligated to pay the employee average earnings for the entire period of delay in settlement upon dismissal.
2.…