Here is the translation of the legal analysis:
1. Subject of Dispute: The Prosecutor's Office attempted to secure a claim to declare invalid a service procurement contract between the Department of Improvement and LLC "Avtomahistral 2016" by prohibiting any actions under this contract.
2. Key Court Arguments: The Supreme Court deviated from previous practice and indicated that…
Subject of Dispute: Recovery of Damages from a Private Entrepreneur Caused to the State as a Result of Tax Evasion in the Amount of 2,418,353 Hryvnias.
Main Arguments of the Court:
1. By the criminal court's verdict, PERSON_1 was found guilty of tax evasion, which is a crime with a material composition.
2. The amount of unpaid taxes…
Here is the translation:
1. Subject of Dispute: Claiming a land plot with an area of 2.2606 hectares with cadastral number 6820681500:05:005:0021 from state ownership in favor of the Vinkivtsi Settlement Council.
2. Main Arguments of the Court:
The Supreme Court indicated that the regional council's decision from 04.04.2001 on granting a land plot to a forestry…
Here is the translation:
1. Subject of Dispute: Invalidation of the apartment purchase and sale agreement and recovery of property in favor of the Kyiv City territorial community as unclaimed inheritance.
2. Main Arguments of the Court:
- After the death of the owner PERSON_7, no inheritance case was initiated, and no heirs were identified
- The donation agreement,…
Here is the translation:
1. Subject of Dispute: Invalidation of the purchase and sale agreement and return of a radiation protection shelter with an area of 90 sq. m to state ownership.
2. Main Arguments of the Court:
The court established that radiation protection shelter No. 67779 is a civil defense protective structure that could not be…
Here is the translation:
1. Subject of Dispute: Official misconduct by Ukrzaliznytsia officials in establishing preferential tariffs for freight transportation.
2. Main Arguments of the Court:
- The fact of existence or absence of agreements between the official and the beneficiary has no criminal legal significance
- Criminal liability occurs if the official acted contrary to the interests of…
Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision Regarding Accrual of Rent for Land Plots.
Main Arguments of the Court: The Supreme Court pointed out the superficial approach of previous judicial instances in considering the case. The courts did not provide a proper legal assessment of the evidence from the controlling body…
Here is the translation:
1. Subject of Dispute: Challenging the Order of the Ministry of Justice on Temporary Blocking of a Private Notary's Access to the State Register of Real Property Rights.
2. Key Arguments of the Court:
The Supreme Court deviated from previous judicial practice and established that the state registrar is obligated not only to…
Subject of the Dispute: A serviceman demands that the military unit pay compensation for unused additional leave days for the years 2014-2019.
Main Arguments of the Court: The Supreme Court established that the military unit was not properly notified about the court proceedings, and therefore its right to appeal cannot be restricted. The court drew attention…
Subject of Dispute: Criminal Proceedings against a Person Who Committed Theft of Goods Valued at 297.90 UAH in ATB Store.
Main Arguments of the Court: The Supreme Court established that due to legislative changes that came into effect on August 9, 2024, theft of an amount less than 2 non-taxable minimums (1,762 UAH) is no longer…
Subject of Dispute: Recovery of Material and Moral Damages from the Regional Branch "Donetsk Railway" as a Result of a Traffic Accident.
Main Arguments of the Court: The Supreme Court established that the regional branch "Donetsk Railway" cannot be a defendant in the case, as branches are not legal entities and do not have civil procedural…
Subject of Dispute: Challenging the Refusal to Pay One-Time Monetary Assistance to a Police Officer in Connection with Loss of Professional Capacity.
Main Arguments of the Court:
1. The right to receive one-time monetary assistance arises under three mandatory conditions: the cause of disability is a service-related illness; disability was established before or within 6 months after…
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Case No. 924/232/22 dated 18/02/2025
Subject of Dispute: Recovery of legal assistance expenses within cassation proceedings in a bankruptcy case.
Main Court Arguments:
1. The court thoroughly analyzed the legal assistance agreement and established that the parties provided two fee calculation mechanisms - hourly payment and fixed amount.
2. Despite the claimed amount of 20,000 UAH, the court found…
Subject of Dispute: Review of a Court Decision on Dismissal of a Teacher Due to Reaching Retirement Age after the Constitutional Court Declared the Norm on Fixed-Term Employment Contracts for Educators Unconstitutional.
Main Arguments of the Court: The Court considers that even after the norm on fixed-term employment contracts for educators was declared unconstitutional, the previous…
Subject of Dispute: A person challenges the Pension Fund's decision to refuse to assign them an old-age pension on general grounds with a new calculation of average salary.
Main Court Arguments: The Supreme Court changed its previous legal position and indicated that persons receiving preferential old-age pension under Law No. 1788-XII are not entitled to re-assignment…
Subject of Dispute: A person receiving an age pension on preferential terms challenges the Pension Fund's refusal to assign them an age pension on general grounds with a new calculation.
Main Arguments of the Court: The Supreme Court changed its previous legal position and indicated that persons receiving an age pension on preferential terms under Law…