The case concerns a dispute over compensation for material damage caused by a police service vehicle during a traffic accident.
The court thoroughly analyzed the jurisdiction of the case and concluded that such disputes should be considered in an administrative procedure, as they are related to assessing the legality of an official's actions during the performance…
The case concerns appealing an administrative penalty order for traffic rule violation.
The court thoroughly analyzed the procedural issues of filing an appeal by a lawyer and concluded that an electronic warrant signed with a qualified electronic signature is a full-fledged document confirming the representative's authority. The Supreme Court essentially deviated from previous practice, recognizing the…
Subject of Dispute: Dispute regarding pension recalculation from 71% to 70% of monetary allowance for a pensioner.
Main Arguments of the Court: The Supreme Court established that the disputed legal relations are personal and directly related to a specific pensioner, therefore legal succession in this case is impossible. The court emphasized that the rights to pension…
Here is the translation of the court decision analysis:
1. Subject of Dispute: Recovery of Average Earnings for Untimely Settlement upon Dismissal of a Military Serviceman.
2. Main Arguments of the Court:
- The court examined the application of Article 117 of the Labor Code of Ukraine in various versions, including before and after amendments of July 19,…
Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision Regarding Violation of Registration Deadlines for Adjustment Calculations to Tax Invoices in the Unified Tax Invoice Register.
Main Court Arguments:
The Supreme Court formulated a fundamentally new legal position that the registration period for an Adjustment Calculation (AC) should be calculated from the day of…
The case concerns the challenge of returning an appellate complaint by the Main Directorate of the State Tax Service in Rivne Oblast regarding the collection of tax debt.
The court was guided by the following key arguments: firstly, in accordance with changes in legislation, tax authorities are exempt from paying court fees in cases of tax…
Subject of Dispute: Challenging the Return of Appellate Complaints by PERSON_1 to the Pension Fund of Ukraine Regarding the Schedule of Personal Reception of Citizens.
Main Arguments of the Court: The Supreme Court established that the appellate court unjustifiably returned the appellate complaints, considering the signature on them to be non-authentic. Firstly, the signature on the…
Subject of the Dispute: Reclaiming a land plot with an area of 1.87 hectares, which was illegally alienated from state ownership and transferred to private ownership.
Main Arguments of the Court:
1. The court established that the land plot was located within low-productive degraded lands of the state fund, which were subject to conservation through afforestation.
2. A…
Subject of the dispute: Recovery of debt for thermal energy from individuals in favor of LLC "NizhynTeploMerezhі".
Main arguments of the court: The Supreme Court drew attention that the appellate court incorrectly applied bankruptcy regulations, since the circumstances regarding the enterprise's bankruptcy were or could have been known to the parties to the case during the…
The case concerns establishing the fact of the wife being dependent on her deceased husband for the purpose of receiving a survivor's pension.
Key arguments of the court: The Supreme Court considers that establishing such a fact should occur through civil special proceedings, not administrative legal proceedings. The court emphasized that establishing the fact of dependency…
Subject of the Dispute: Dismantling of a Fence and Gates on the Plaintiff's Land Plot without Establishing a Land Easement or Purchasing the Land Plot.
Main Arguments of the Court:
1. The Appellate Court incorrectly recognized the actions of local authorities as lawful, as it did not investigate the possibility of establishing a land easement.
2. There is…
The case concerns the recognition of property rights to an apartment in an unfinished residential building.
Main arguments of the court:
1. PERSON_1 in 2012 entered into a preliminary agreement with LLC "Social Youth Initiative" and fully paid the cost of the apartment (459,328 UAH).
2. The developer has not fulfilled its obligations - the building has not…
Here is the translation of the legal analysis:
1. Subject of Dispute: Determination of heirs' shares in inherited property (residential house) after parents' death.
2. Main Court Arguments:
- The disputed property belonged to the parties' parents as joint common ownership
- Plaintiff PERSON_1 actually accepted the inheritance after the father's death but was not fully taken into account…
Subject of the Dispute: Prosecutor's cassation appeal against the ruling of the Vinnytsia Court of Appeal regarding sentencing of a woman who committed torture of her own child.
Main Arguments of the Court: The court thoroughly analyzed the norms of criminal legislation and concluded that the sanction of the article on torture does not provide for…
Subject of Dispute: Criminal Proceedings Regarding Theft of Monetary Funds Amounting to 2,000 UAH, Committed by PERSON_6 in June 2023.
Main Arguments of the Court: The Supreme Court established that as a result of legislative changes (Law No. 3886-IX), the threshold for criminal liability for theft was increased to 2,684 UAH, and the stolen amount (2,000…
Subject of Dispute: Challenging a Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices during Martial Law.
Main Arguments of the Court:
1. Despite martial law, the taxpayer is obligated to register tax invoices within the timeframes established by law.
2. The taxpayer must prove the impossibility of fulfilling the tax obligation by submitting a corresponding…
Subject of Dispute: Payment of Average Earnings to an Employee on Military Service during Mobilization.
Main Arguments of the Court:
1. The court deviates from previous judicial practice and forms a new legal position regarding the preservation of average earnings for employees performing scientific and pedagogical activities during mobilization.
2. A law adopted in 2022 canceled the general…
Here is the translation:
1. Subject of Dispute: Challenging the decision of the Department of Urban Planning and Architecture regarding refusal to provide urban planning conditions and restrictions for the reconstruction of non-residential buildings on a land plot.
2. Key Court Arguments:
- The land plot's intended purpose (12.11 - for road service facilities placement) does not match…
Subject of Dispute: A serviceman challenges the inaction of the State Border Guard Service regarding non-payment of additional compensation amounting to up to 30,000 hryvnias for October and November 2022.
Main Arguments of the Court:
The Supreme Court established a fundamentally important position that the courts of previous instances incorrectly applied Instruction No. 188 when assessing the…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Applying Penalties for Failure to Provide Documents Confirming Inventory of Goods at a Filling Station.
Main Arguments of the Court:
1. The Supreme Court confirmed the previous legal position that liability is imposed only for failure to provide documents regarding goods that are directly located…
