No new decisions were published today
Case No. 372/5214/23 dated 26/02/2025
Subject of Dispute: Removal of Obstacles in Land Plot Use and Fence Relocation According to Established Land Plot Boundaries.
Key Court Arguments:
- The plaintiff did not provide sufficient evidence of violation of her land plot use rights
- Land plot boundary establishment acts contain contradictory data
- The defendant proved that the size of…
Subject of Dispute: Determination of an Additional Period for Inheritance Acceptance after Husband's Death.
Main Arguments of the Court:
The Supreme Court considers that the prolonged illness of the plaintiff, associated with mental disorders that existed both before the expiration of the six-month period for inheritance acceptance and continued at the time of court appeal, is a…
Subject of the dispute - invalidation of the Ukrainian certificate for goods and services trademark "USUPSO" and prohibition of its use.
The court carefully analyzed the procedural grounds for cassation appeal. The panel of judges drew attention to the fact that the stated grounds for reviewing judicial decisions do not meet the requirements of procedural legislation.…
Subject of Dispute: Recovery of Monetary Funds for Electricity Produced at the "Green" Tariff, Which the State Enterprise "Guaranteed Buyer" Did Not Fully Pay to the Company "Ovid Wind".
Main Arguments of the Court:
1. Order No. 140 and No. 206 do not limit the rights of the electricity producer to receive the full cost of electricity…
Here is the translation of the legal analysis:
1. Subject of Dispute: Reinstatement of a diplomatic worker's husband at Ukrtelekom JSC after her foreign assignment.
2. Main Court Arguments:
- Guarantee under Part 3 of Article 37 of the Law "On Diplomatic Service" applies ONLY to state-owned enterprises
- Ukrtelekom JSC is a private joint-stock company, therefore not subject…
Subject of Dispute: Invalidation of Electronic Auction for the Sale of an Apartment Belonging to PERSON_1, and Cancellation of State Registration of Ownership for PERSON_2.
Main Arguments of the Court:
1. The court indicated that the grounds for invalidating the auction must be established specifically at the moment of their conduct, and the decision to declare the…
Subject of the Dispute: A person challenges the actions of the Department of Urban Planning and Land Relations of the Zhytomyr City Council when reviewing their application dated February 10, 2022.
Main Arguments of the Court: The Supreme Court confirmed that this dispute is a public law matter and should be considered through administrative proceedings, as…
Here is the translation:
1. Subject of Dispute: Invalidation of a land plot purchase and sale agreement, which was concluded by the plaintiff's representative in her favor.
2. Main Arguments of the Court:
- The mere fact of family ties between the representative and the buyer is not grounds for declaring the contract invalid
- The representative acted within…
Subject of Dispute: Recognition of the Right to a Mandatory Share of Inheritance after the Father's Death.
Main Arguments of the Court:
1. The Supreme Court clearly defined that to receive a mandatory share of inheritance, an adult must be officially recognized as incapacitated, that is, have a disability.
2. Public law norms (regarding pension insurance or education)…
In 1 draft laws, the review stage has been updated:
13064 Draft Law on Amendments to Article 26 of the Law of Ukraine "Rules of Procedure of the Verkhovna Rada of Ukraine" Regarding Legal Regulation of the Verkhovna Rada of Ukraine's Competence to Adopt Laws and Implement Other Constitutionally Defined Powers
2025-03-08 - Sent for review to…
No new legal acts were published today
No new legal acts were published today
No new decisions were published today
Case No. 521/16020/17 dated 05/02/2025
Subject of Dispute: Recovery of the value of a limited liability company's share of 10.978% of the authorized capital, inflation losses, and 3% per annum.
Main Court Arguments:
1. The Supreme Court established that this dispute is corporate and should be considered in economic, rather than civil court proceedings.
2. The basis for this…
Here is the translation:
1. Subject of Dispute: Invalidation of the decision of the general meeting of members of the "Pivnich" auto garage cooperative from series No. 9 regarding delegation of an authorized member.
2. Main Arguments of the Court:
- Plaintiffs believed that the meeting was conducted with procedural violations: without proper notification and without a quorum
-…
Subject of Dispute: Challenging Tax Notifications-Decisions on Land Tax Accrual for 2021 and 2022.
Main Arguments of the Court: The Supreme Court drew attention that the term for filing a lawsuit to cancel a tax notification-decision is six months and is calculated from the day when a person learned or should have learned about the violation…
Subject of Dispute: Challenging the Resolution of the State Service of Ukraine for Transport Safety on Imposing an Administrative and Economic Fine on an Individual Entrepreneur for Improper Execution of a Waybill.
Main Arguments of the Court:
1. The Supreme Court changed its previous position regarding the interpretation of legislation on transportation.
2. The Court considers that deficiencies…
Subject of the dispute: recovery of rent arrears under a real estate lease agreement.
Main arguments of the court:
1. The lease agreement dated 02.01.2018 was not declared invalid in court, therefore it continues to be in effect.
2. In accordance with current legislation, if the tenant continues to use the property after the expiration of the contract,…
Subject of Dispute: Recovery of Advance Payment under the Purchase and Sale Agreement and Challenging the Inaction of the State Executor.
Main Arguments of the Court: The Supreme Court established that the appellate court improperly demanded payment of court fees for an appeal against the ruling on the inaction of the state executor, referring to the…