Here's a breakdown of the European Court of Human Rights' decision in the case of Kozak and Others v. Ukraine:
**1. Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 6 § 1 (right to a fair trial) and Article 8 (right to respect for…
The European Court of Human Rights (ECHR) issued a judgment in the case of Bezulya and Others v. Ukraine, concerning nine applications related to inadequate detention conditions and lack of effective remedies in Ukraine. The applicants primarily complained about overcrowding, poor hygiene, and limited access to basic necessities during their detention, arguing these conditions violated…
1. The subject of the dispute is the lawfulness of the actions of the Pension Fund regarding the termination of the payment of pension indexation to the plaintiff after the recalculation of the pension based on a court decision.
2. The court of cassation instance, overturning the decisions of the courts of previous instances, was guided…
1. The subject of the dispute is the recovery from JSC "Oschadbank" in favor of an individual of the amount of the deposit, interest on the deposit, and 3% per annum for the delay in fulfilling the monetary obligation.
2. The court satisfied the claim, based on the fact that a bank deposit agreement was concluded…
Here's a breakdown of the Court's judgment:
**Essence of the Act**
This judgment addresses the issue of unfair terms in consumer contracts, specifically concerning loan agreements. It clarifies how EU law, particularly Directive 93/13/EEC, impacts national rules regarding the allocation of court costs when a loan agreement is invalidated due to unfair terms. The case revolves around…
1. The subject of the dispute is the establishment of the procedure for the use of the apartment between the co-owners.
2. The Grand Chamber of the Supreme Court considered the issue of suspension of proceedings in the case on the basis of clause 2 of the first part of Article 251 of the…
1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay the average earnings for the period of delay in settlement upon the plaintiff's dismissal from military service.
2. The court of cassation established that the courts of previous instances made errors in determining…
1. The subject of the dispute is the legality of the charges against the SBI employees for inciting bribery and abuse of influence.
2. The court, having examined the circumstances of the case, concluded that the actions imputed to the accused were provoked by a person who cooperated with law enforcement agencies. The court emphasized that…
1. The subject of the dispute is the eviction of the defendants from the residential building owned by the plaintiff by right of ownership, and the obligation to relocate them to an apartment.
2. The Grand Chamber of the Supreme Court overturned the decisions of the courts of previous instances, as the European Court of Human…
This is a judgment of the General Court (First Chamber) of November 26, 2025, in Case T-608/24, between Musa Yusopovich Bazhaev and the Council of the European Union. The case concerns restrictive measures (asset freeze) imposed by the EU against individuals and entities undermining the territorial integrity, sovereignty, and independence of Ukraine.
**Essence of the Act:**
The…
1. The subject of the dispute is the appeal against a decision on an administrative offense in the field of road transport safety, recorded in automatic mode.
2. The court of cassation found that the appellate court mistakenly returned the appeal to the lawyer on the grounds of the absence of a handwritten signature on the…
1. The subject of the dispute is the appeal against the inaction of the defendant regarding the refusal to recalculate and pay the monetary allowance to the plaintiff, as well as the obligation to carry out such recalculation and payment.
2. The court of cassation established that the courts of previous instances mistakenly applied the norms…
1. The subject of the dispute is the recovery by the Main Department of the State Tax Service in Chernivtsi Region from LLC "TM "Favorit" of a tax debt in the amount of UAH 772,255.52.
2. The court of cassation, overturning the decisions of the courts of previous instances, was guided by the following arguments:
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1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay the average earnings for the delay in settlement upon dismissal.
2. The court of cassation instance overturned the decisions of the previous instances, as they incorrectly applied Article 117 of the Labor Code…
1. The subject of the dispute is the recognition of electronic auctions as invalid, the certificate of ownership, the cancellation of decisions of state registrars, and the recovery of property from someone else's illegal possession.
2. The Supreme Court upheld the decisions of the courts of previous instances, stating that the claim to recognize the auctions…
1. The subject of the dispute is the recovery of debt from the joint-stock company under the natural gas transportation agreement, namely the fee for negative daily imbalances, calculated on the basis of the corrective act.
2. The Supreme Court, when considering the cassation appeal, focused on the issue of the legality of collecting the cost…
1. The subject of the dispute is the recognition of the notary's refusal to issue a certificate of inheritance for a share in the apartment as illegal.
2. The court of cassation overturned the decisions of the previous instances, stating that the notary illegally refused to issue a certificate of inheritance, since the apartment sale agreement…
Here's a breakdown of the European Court of Human Rights' decision in the case of BASARI, TOV v. Ukraine:
**1. Essence of the Decision:**
The case concerns a Ukrainian company, BASARI, TOV, and its complaints regarding two sets of legal proceedings that impacted its property rights and business activities. The company argued that…
1. The subject of the dispute is the appeal against tax assessment notices issued by Odesa Customs, which increased the amount of the monetary obligation of Kranship LLC for customs duties and VAT on goods imported into the territory of Ukraine.
2. The court of cassation found that the courts of previous instances did not fully…
1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay the serviceman additional monetary remuneration for participation in combat operations.
2. The court of cassation instance, overturning the decision of the appellate court, emphasized that to confirm the direct participation of servicemen in…