Subject of Dispute: The Prosecutor challenges the minutes of the meeting of the State Commission of Ukraine on Mineral Reserves and the special permit for subsoil use issued to LLC "Zemlia Invest".
Main Arguments of the Court: The Supreme Court considers that a change in judicial practice regarding the prosecutor's powers is not a valid reason…
Subject of Dispute: A serviceman challenges the order of his transfer to a lower position without taking into account his military specialty.
Main Arguments of the Court: The Supreme Court recognized that during a special period (martial law), military command has the right to transfer servicemen to other positions without their consent for the purpose of…
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1. Subject of Dispute: Challenging disciplinary orders and dismissal of a police officer from service.
2. Main Arguments of the Court:
- Legislation establishes a special 15-day period for appealing disciplinary penalties for police officers during martial law.
- The plaintiff missed the established period for appealing orders by applying to the court a month…
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1. Subject of Dispute: Declaring Unlawful and Cancelling the Order of the State Architectural and Construction Inspectorate Department on Cancellation of the Right to Commence Construction Works and Registration of the Declaration on Object Readiness for Operation.
2. Main Arguments of the Court:
The Supreme Court considers that previous judicial instances incorrectly examined the…
Subject of Dispute: Recognition of Property Rights of PERSON_1 to the Limited Liability Company "VKF Paints of Ukraine".
Main Arguments of the Court: The Supreme Court supported the position of the appellate court that a legal assistance agreement may confirm the powers of a lawyer, even if it is not directly specified in procedural legislation. The…
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1. Subject of Dispute: Invalidation of the emphyteusis agreement and cancellation of state registration of land use rights.
2. Main Arguments of the Court:
- Emphyteusis and land lease rights cannot be simultaneously established on the same land plot.
- The plaintiff (Farm Enterprise "Agat Podillia") did not send a notification…
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1. Subject of Dispute: The prosecutor attempted to challenge the inaction of a municipal enterprise regarding improper maintenance of a civil protection shelter.
2. Main Arguments of the Court:
- The State Emergency Service (DSNS) and local district state administration do not have direct legislative right to independently file such lawsuits
- The prosecutor can…
Subject of Dispute: Recognition of Unlawful Inaction by a Municipal Enterprise Regarding Improper Maintenance of a Civil Protection Shelter in Odesa.
Main Arguments of the Court:
The Supreme Court established that the prosecutor does not have the right to file a lawsuit on behalf of the Main Directorate of the State Emergency Service and the Odesa Regional…
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1. Subject of Dispute: Recognition of the tax claim for penalties and late fees from an enterprise undergoing bankruptcy proceedings as unlawful.
2. Key Arguments of the Court:
- The court clearly determined that the moratorium on satisfying creditors' claims does not extend to obligations arising after the introduction…
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1. Subject of Dispute: Recovery of rent debt and termination of land lease agreement between Chyhyryn City Council and LLC "Prodagroinvest".
2. Main Court Arguments:
- Additional agreement to the land lease contract, signed before 01.01.2013, requires state registration
- Without registration of the additional agreement, the rental rate remains…
Subject of the Dispute: Establishing the Fact of Ownership of Legal Documents for Pension Recalculation.
Main Arguments of the Court: The Supreme Court considers that the case should be considered under civil proceedings in separate proceedings, as it concerns establishing a fact that has legal significance for the person's exercise of the right to a pension.…
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1. Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Executing a Court Decision on Reinstating a Person to the Position of Head of the State Ecological Inspection of Ukraine.
2. Main Arguments of the Court:
- The court decision on reinstatement dated September 14, 2015, was not executed by…
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1. Subject of Dispute: Challenging tax notifications-decisions regarding additional tax liabilities for natural gas purchase transactions between KP "Kharkiv Heating Networks" and LLC "Ukrainian Oil and Gas Company".
2. Main Arguments of the Court:
- Primary documents confirm the reality of economic transactions
- The controlling authority did not prove intentional fictitious nature of transactions
-…
Subject of Dispute: A person challenges the Pension Fund's decision to refuse the appointment of an old-age pension on general grounds with a new calculation of average salary.
Main Arguments of the Court: The Supreme Court deviated from previous practice and established that a person who is already receiving an old-age pension on preferential terms is…
Subject of Dispute: Claim for Release of Real Estate from Seizure Imposed by a Private Executor
Main Arguments of the Court:
1. The plaintiff filed a claim to remove the seizure from real estate that was mortgaged by the defendant.
2. The court established that the seizure was imposed in the interests of PJSC CB "PrivatBank", but the…
Subject of Dispute: Replacement of the Claimant in an Enforcement Order Issued in 2012 with a Legal Successor under a Factoring Agreement Concluded in 2023.
Main Arguments of the Court: The Supreme Court indicated that when replacing a party in enforcement proceedings, the court must evaluate not only the fact of assignment of claim rights but…
Subject of Dispute: Invalidation of Apartment Donation Agreements between Relatives with the Purpose of Avoiding Debt Obligations.
Main Arguments of the Court:
The Supreme Court drew attention that the courts of previous instances incorrectly assessed the circumstances of the case. Firstly, the donation agreements were concluded simultaneously with the registration of inherited property and 15 days after…
Subject of Dispute: Recovery of Penalty for Late Reimbursement of Budget Debt on Value Added Tax.
Main Arguments of the Court: The court took into account that at the time of filing the claim, there was a different judicial practice regarding the terms of court appeal, which allowed filing claims within 1,095 days. The Supreme Court…
Subject of Dispute: Magnus-Mix Company challenges the actions of the tax authority regarding the suspension of tax invoice registration and cancellation of VAT taxpayer status.
Main Arguments of the Court: The Supreme Court considers that previous court decisions are premature and do not contain a comprehensive analysis of the case circumstances. The courts did not examine…
Subject of Dispute: Challenging the Enforcement Officer's Resolutions on Seizure of Funds from a Bank Account of a Person Who Is Not a Debtor in Enforcement Proceedings.
Main Arguments of the Court: The Supreme Court established that the plaintiff is not a party to the enforcement proceedings, and therefore has the right to challenge the actions…