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Case No. 911/266/22 dated 24/02/2025

Here is the translation: 1. Subject of Dispute: Determining the legitimacy of increasing the authorized capital of LLC "Premiori" and changes in participants' shares. 2. Main Arguments of the Court: The court established that the actions of the Company Premiori LTD participant regarding the increase of authorized capital are unlawful for the following reasons: - An additional contribution of…

Case No. 554/5000/23 dated 20/02/2025

Subject of Dispute: Criminal Proceedings against an Individual Who Disseminated Materials on Facebook Denying the Russian Armed Aggression against Ukraine and Containing Calls for Seizure of State Power. Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the consideration of the case by lower courts. Firstly, the court of first instance did…

Case No. 320/9481/23 dated 25/02/2025

Subject of the dispute: Challenging the tax notification-decision of the Main Directorate of the State Tax Service in Kyiv Oblast. Main arguments of the court: The Supreme Court supported the position of the appellate court regarding the missed deadline for filing a lawsuit, as the plaintiff did not comply with the one-month term for appealing the…

Review of the EU legislation for 02/2025

Here's a concise review of the key legal acts: 1. Fishing Opportunities Regulation: - Sets TACs and quotas for EU fishing vessels in EU and non-EU waters for 2025/2026 - Includes detailed catch limits, fishing areas, gear restrictions across 11 annexes - Implements decisions from Regional Fisheries Management Organizations 2. Geographical Indications: - Registration of 'Aglonas maizes veistūklis' (Latvia) as PGI -…

Review of Ukrainian Supreme Court’s decisions for 01/03/2025

Case No. 363/112/23 dated 21/02/2025 Subject of Dispute: Invalidation of a Donation Agreement for an Apartment Share, Concluded between Mother and Son. Key Arguments of the Court: 1. The plaintiff did not prove the existence of an error when entering into the donation agreement, as the contract text was clear, the legal consequences were explained to her, and…

Case No. 580/7961/24 dated 25/02/2025

Subject of Dispute: Recalculation of pension for a person affected by the Chornobyl disaster, to the level of 6 minimum old-age pensions. Main Arguments of the Court: The Supreme Court established that legislative changes in 2021 effectively reduced social guarantees for those affected by the Chornobyl disaster, contrary to the Constitutional Court's decision. The court referred…

Case No. 296/4565/17 dated 20/02/2025

Subject of the Dispute: Invalidation of Power of Attorney and Apartment Purchase Agreement, from which the Property Owner Suffered. The Court established that the purchase agreement is not concluded, as the signature on the power of attorney was forged, and the seller's identity was established based on a forged document. However, declaring the agreement invalid is…

Case No. 910/16543/23 dated 20/02/2025

Analysis of the Court Decision: 1. Subject of Dispute: Recovery of debt under a lease agreement and return of leased immovable property. 2. Main Arguments of the Court: - The Defendant (LLC "DU-2019") ceased paying rent from 23.02.2022 - The contract provides the lessor's right to unilateral termination in case of debt - The Plaintiff (JSC "Kyiv Radar Plant") sent…

Case No. 924/498/23 dated 29/01/2025

Here is the translation: 1. Subject of Dispute: Recovery from JSC "Khmelnytskoblenergo" in favor of LLC "Land Management Company "Privat" of payment under the service agreement in the amount of 7,147,231.86 UAH. 2. Main Court Arguments: - The agreement is a service agreement, not a contract of work - Expiration of the agreement term does not terminate the parties'…

Case No. 914/3386/22 dated 19/02/2025

Subject of Dispute: The Prosecutor's Office challenges the decision of the Lviv City Council regarding the transfer of a land plot into the ownership of the OSBB "Sriblyste" and the state registration of this right. Main Arguments of the Court: The court concluded that the prosecutor's demands to cancel the city council's decisions and state registration…

Case No. 283/1638/23 dated 17/02/2025

Subject of Dispute: Termination of Criminal Proceedings Due to Expiration of Pre-Trial Investigation Timeframes. Main Arguments of the Court: The court clearly defined for the first time that at the stage of preparatory court hearing, the court has the right to examine procedural documents to verify the grounds for terminating criminal proceedings. In particular, the court may…

Case No. 761/35056/19 dated 17/02/2025

Subject of the dispute - the correctness of closing the criminal proceedings due to violation of pre-trial investigation terms. The court's main arguments: First, the period of familiarization with pre-trial investigation materials is not included in the total investigation period. Second, only documents collected by the prosecution are considered pre-trial investigation materials. Third, the defense side…

Case No. 161/2519/22 dated 17/02/2025

Subject of Dispute: Criminal Case Regarding Illegal Acquisition and Storage of Psychotropic Substance PVP with Intent to Sell. Main Arguments of the Court: The Supreme Court found that the appellate court unreasonably applied provisions for sentence mitigation without proving the defendant's genuine remorse. The court noted that the defense side essentially challenged the qualification of actions…

Case No. 910/7914/24 dated 24/02/2025

Subject of Dispute: Return of the Statement of Claim due to Improper Execution of the Power of Attorney by an Advocate Representing the Company's Interests in the Commercial Court. Main Arguments of the Court: First, the advocate's power of attorney dated 01.07.2021 does not comply with the requirements of the Power of Attorney Regulations effective after…
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