Here is the translation:
Subject of Dispute: A serviceman challenges the inaction of the military unit regarding non-payment and improper calculation of monetary compensation for the period of service.
Main Arguments of the Court:
1. The court deviated from the previous practice of determining the term for appealing to the court, indicating that the term should be calculated…
Subject of the Dispute: Recognition of the Pension Fund's Inaction as Unlawful Regarding Non-Accrual of Pension Increase for a Minor Affected by the Chornobyl Catastrophe.
Main Arguments of the Court: The Supreme Court deviated from previous practice and recognized that minor children receiving a survivor's pension are non-working pensioners. The Court referred to the Constitutional Court's…
Subject of the Dispute: Claim by PERSON_1 against the Main Directorate of the Pension Fund of Ukraine in Dnipropetrovsk Oblast regarding challenging actions related to sick leave calculation and obligation to make monetary payments.
Main Court Arguments: The Supreme Court established that the courts of previous instances incorrectly applied procedural norms by returning the statement of…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of the SBU Department's inaction as unlawful regarding improper consideration of a serviceman's application for housing monetary compensation.
2. Main Court Arguments:
- Legislation provides servicemen with the right to receive housing or compensation for it
- There is a clear compensation procedure that includes a…
Subject of Dispute: Military Serviceman PERSON_1 challenges the military unit's decision not to accrue additional monetary compensation in the amount of 100,000 hryvnias for participation in combat actions and ensuring national security measures from September 27, 2022, to January 6, 2023.
Main Arguments of the Court: The Supreme Court pointed out significant procedural violations by previous…
Subject of Dispute: Compensation for Property and Moral Damage Caused by a Road Traffic Accident.
Main Arguments of the Court:
1. The court emphasized that the primary burden of damage compensation in road traffic accident cases should be borne by the insurer, not the person who caused the damage.
2. The driver's civil liability was insured with the…
The case concerns abuse of official powers by a police officer during the detention of a driver.
Main arguments of the court:
1. Police officer PERSON_6 unreasonably stopped and detained the driver PERSON_8, contrary to service instructions and legislation.
2. He artificially created a situation of prolonged restriction of personal freedom without legal grounds.
3. A forensic psychological examination…
Subject of the Dispute: Lviv City Council demanded the removal of obstacles in disposing of a land plot by demolishing a kiosk belonging to a private entrepreneur.
Main Arguments of the Court: The Supreme Court established that the dispute arose between the city council and a private entrepreneur regarding a land plot and a kiosk used…
Subject of Dispute: Recovery of debt under a credit agreement from a bank client, which arose as a result of fraudulent transactions with her bank card.
Main Arguments of the Court:
1. The Supreme Court established that the bank did not prove the client's guilt in the loss or disclosure of personal data that allowed fraudulent transactions…
Here is the translation:
1. Subject of Dispute: Recovery of debt in the amount of USD 535,000 under a loan agreement between PERSON_1 and PERSON_3.
2. Main Arguments of the Court:
The Supreme Court paid special attention to the principles of good faith and reasonableness in civil proceedings. The court identified signs of artificiality in the claim, which…
Here is the translation:
1. Subject of Dispute: Division of Joint Marital Property - Monetary Funds Amounting to 400,000 US Dollars.
2. Key Arguments of the Court:
- Property acquired by the spouses during marriage belongs to them as joint common property
- Respondent's declaration on property status confirms the availability of monetary funds: 300,000 US Dollars with the…
Subject of the Dispute: Return of a Land Parcel to the State, which was Illegally Transferred to Private Ownership.
Main Arguments of the Court:
1. The land parcel is partially located on forest fund lands that were under permanent use by the state enterprise "Turiiske Forestry Enterprise".
2. The transfer of the land parcel to private ownership occurred…
Subject of Dispute: Review of the Sentence of a Person Convicted of Theft, Illegal Drug Possession, and Unlawful Entry into a Dwelling.
Main Arguments of the Court: The Supreme Court decided to partially modify the sentence, as legislative changes influenced the qualification of one of the crimes. In particular, the court took into account that the…
Here is the translation:
1. Subject of Dispute: Recognition as Unlawful and Cancellation of the Prescription by the Ministry of Culture and Information Policy on Termination of Construction Works at 17 Red Street in Lviv.
2. Key Court Arguments:
- The land plot is located within the historical area of Lviv and the UNESCO site buffer zone
- Construction…
Subject of the Dispute: Claiming a land plot of 3.7483 hectares into communal ownership from the illegal possession of an individual and a farming enterprise.
Main Arguments of the Court:
1. PERSON_2, as a member of the farming enterprise "Valentyna", received the land plot free of charge without transferring it to the enterprise.
2. After receiving the plot,…
Here is the translation of the legal analysis:
1. Subject of Dispute: Reconstruction of an apartment by the defendant in a multi-apartment building without permission from other co-owners and without state registration.
2. Main Arguments of the Court:
- The defendant carried out apartment reconstruction extending beyond its original volume, interfering with the building's load-bearing structures without consent…
Subject of Dispute: Challenging the Investigating Judge's Ruling on the Transfer of Amber for Sale in Criminal Proceedings Where No Suspicion Has Been Notified
Main Arguments of the Court:
1. The Court first recognized that the current version of the Criminal Procedure Code does not allow challenging the investigating judge's ruling on the sale of property during…
Here is the translation:
Subject of Dispute: Criminal Case of Causing Minor Bodily Injuries.
Main Arguments of the Court:
1. Video recordings from surveillance cameras confirmed the fact of causing bodily injuries to the victim PERSON_6.
2. The court thoroughly examined the evidence and found the defense arguments about provocation and lack of defendant's guilt unconvincing.
3. It was established…
Here is the translation:
1. Subject of Dispute: Criminal Case on Receiving Illegal Benefit by Law Enforcement Officials (Investigators) for Closing Criminal Proceedings.
2. Main Court Arguments:
The court thoroughly analyzed all defense arguments and found them unsubstantiated. In particular:
- Recognized evidence obtained during covert investigative actions as legal
- Confirmed the legitimacy of the search
- Established that Witness…
Subject of Dispute: Challenging the Court Decision on Approving the Report of the Property Liquidation Manager in the Bankruptcy Case of an Individual.
Main Arguments of the Court:
1. Bankruptcy Manager Shymechko A.Ya. did not fully perform his duties in the debt repayment procedure, specifically:
- Did not include lease payment for the land plot in the liquidation…