Subject of Dispute: Issuance of an Enforcement Order for Compulsory Execution of an Arbitration Court Decision on Debt Recovery from an Individual.
Main Arguments of the Court: The Supreme Court thoroughly analyzed the debtor's status and concluded that he remains a resident of Ukraine, as he has a registered place of residence in Ukraine, is a…
Subject of the Dispute: Recovery of Unjustly Acquired Funds from LLC "Ukrainian Financial Operations" in Favor of the Plaintiff.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly returned the appellate complaint, as the electronic power of attorney formed in the "Electronic Court" subsystem is a full-fledged document confirming the representative's…
Subject of Dispute: Eviction of PERSON_2 and her minor children from an apartment owned by PERSON_1 following foreclosure on the mortgage subject.
Main Arguments of the Court:
1. The court established that the defendants moved into the apartment after the mortgage agreement was concluded without the mortgagee's permission, which violates the requirements of Article 9 of the…
Here is the translation:
1. Subject of Dispute: The Prosecutor's Office sought to recover a land plot of 0.7483 hectares from LLC "A.T.K.", which was illegally withdrawn from state ownership contrary to the land conservation decision.
2. Main Court Arguments:
- The land plot was part of degraded lands subject to conservation through afforestation
- The State Geocadaster order…
Subject of the Dispute: Compensation for Property Damage Caused to a Police Service Vehicle as a Result of a Traffic Accident during Patrol Duty.
Main Arguments of the Court:
The Supreme Court consistently maintains the position that disputes concerning damage caused by an employee during public service are public law matters and subject to administrative court proceedings.…
Subject of the dispute: Deprivation of parental rights of PERSON_3, PERSON_4, and PERSON_5 regarding their minor children PERSON_1 and PERSON_2.
Main arguments of the court:
1. Parents systematically evaded parental responsibilities, children lived in unsatisfactory conditions, the mother used narcotic substances.
2. The Children's Services repeatedly conducted preventive work, but the parents did not change their behavior.
3. The…
Here is the translation:
1. Subject of Dispute: Compensation for damage caused to an individual as a result of an illegal administrative offense report compiled by a patrol police inspector.
2. Key Court Arguments:
- It was established that the report was compiled with violations due to improper accident documentation by the investigator
- The plaintiff suffered moral damage…
Subject of the Dispute: The father of the child is attempting to terminate child support payments in favor of the mother and place the obligation to pay child support on the mother.
Main Arguments of the Court: The Supreme Court found that the previous judicial instances incorrectly considered the claims to be identical. The Court established…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions regarding VAT accrual on the sale of firearms and ammunition parts.
2. Main Court Arguments:
- Legislation provides VAT exemption for defense-purpose goods during martial law.
- The condition of procurement by state customers applies only to "other goods", not the entire list of defense-purpose goods.
- Sale of…
Analysis of the Court Decision:
1. Subject of Dispute: Establishing the fact of cohabitation between a woman and a deceased serviceman without marriage registration to obtain monetary payments.
2. Main Arguments of the Court:
The Supreme Court considers that the courts of previous instances incorrectly left the application without consideration. The court emphasized that improper identification of interested…
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…