Subject of Dispute: Challenging the Resolution of the Verkhovna Rada of Ukraine on Expressing No Confidence and Dismissing the Ukrainian Parliament's Commissioner for Human Rights during Martial Law.
Main Arguments of the Court:
The Court clearly interpreted for the first time that during martial law, the Verkhovna Rada may dismiss an official by expressing no confidence, even…
Here is the translation:
1. Subject of Dispute: Challenging the Decree of the President of Ukraine on Applying Sanctions to an Individual for a Period of 10 Years.
2. Main Arguments of the Court:
- Sanctions were applied legally on the basis of the Law "On Sanctions"
- There is evidence of the person's involvement in actions threatening Ukraine's…
Here is the translation:
1. Subject of Dispute:
Challenging the decision of the High Qualification Commission of Judges regarding the refusal to recommend PERSON_1 for a judge position due to doubts about her integrity.
2. Main Court Arguments:
The court supported the HQCJ decision, believing there are substantiated doubts about the candidate's integrity due to:
- Incomplete property declaration (did…
Subject of the dispute: Recovery of debt under a credit agreement from an individual by a bank.
Main arguments of the court: The Supreme Court considers that the appellate court prematurely refused to open appellate proceedings, since the lawyer's powers were confirmed by a legal assistance agreement and a certificate of the right to practice law.…
Subject of Dispute: Cassation appeal of the verdict against PERSON_7, convicted of serious violent crimes, including robbery, unlawful deprivation of liberty, and extortion, with challenging the imposed property confiscation.
Main Arguments of the Court:
1. The court recognized that confiscation of all property may violate the rights of other family members living in the house.
2. It was…
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1. Subject of Dispute: Challenging the city council's decision to grant a land plot to a third party, contrary to the plaintiff's previously submitted application.
2. Main Arguments of the Court:
- The city council violated the procedure for reviewing the land application by not bringing it to the session
- The court decision obligated…
Subject of Dispute: A Utility Enterprise Challenges the Legitimacy of Penalty Accrual for Late Registration of Tax Invoices during Various Periods of Martial Law.
Main Arguments of the Court:
1. The court established that the enterprise indeed violated the terms of tax invoice registration.
2. The court clearly defined that penalties for invoices compiled before January 16, 2023,…
Subject of Dispute: Claiming Back an Apartment from a Bona Fide Acquirer in a Case of Foreclosure on a Mortgage Object.
Main Arguments of the Court:
1. The court established that the mortgagee complied with all necessary procedures for out-of-court foreclosure on the mortgage object: sent a demand to remedy violations, conducted a property valuation, and acquired…
Subject of the dispute: Cancellation of the bank's state registration of property ownership for an apartment that was transferred as a mortgage under a loan agreement in foreign currency.
Main arguments of the court:
1. The bank did not comply with the procedure for notifying the plaintiff about the breach of obligations, which makes it impossible to…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging a tax notification-decision on imposing a penalty for late registration of tax invoices in 2022.
2. Main Arguments of the Court:
- Tax invoices were registered with violation of terms (in July-August 2022)
- The court clearly determined that new "wartime" norms on reduced penalties (paragraphs…
Here is the translation of the legal text summary:
1. Subject of Dispute: Recovery of penalty for late fulfillment of monetary obligation under a credit agreement and compensation for moral damages.
2. Main Arguments of the Court:
- The creditor's right to accrue interest under the credit agreement terminates after the end of the loan term or upon…
Here is the translation:
Subject of Dispute: Challenging a Заочне рішення суду (default court judgment) on debt recovery under a credit agreement.
Main Arguments of the Court:
1. The Appellate Court incorrectly determined the term for appellate appeal, mistakenly believing it to be 10 days.
2. According to current procedural legislation, the term for appellate appeal is 30 days.
3.…
Here is the translation:
Subject of Dispute: Recognition of Bank Guarantee as Non-Enforceable and Termination of Bank's Obligations under the Guarantee.
Key Court Arguments:
1. The Bank (guarantor) does not have the right to assess the presence or absence of the principal's obligation, but is obligated to pay under the guarantee if the claim corresponds to the guarantee…
Subject of Dispute: Termination of a Land Lease Agreement and Demolition of an Unauthorized Construction on a Land Plot in the City of Berdychiv, Located in the Archaeological Cultural Layer Protection Zone.
Main Court Arguments: The Supreme Court considers that previous judicial instances incorrectly evaluated the evidence and circumstances of the case. Firstly, the courts did…
Subject of Dispute: Invalidation of an Additional Agreement to the Lease Agreement for an Educational Institution Premises.
Main Arguments of the Court:
1. The Supreme Court established that the conditions of the additional agreement violate part four of Article 80 of the Law of Ukraine "On Education", which prohibits the use of state educational institutions' property for…
Here is the translation:
1. Subject of Dispute: Termination of a land lease agreement in connection with the alienation of real estate located on the leased land plot.
2. Main Arguments of the Court:
The Supreme Court deviated from previous judicial practice and indicated that when ownership of real estate located on a leased land plot is…
Here is the translation:
1. Subject of Dispute: Challenging the Ruling on Recognition of Creditors' Claims in Bankruptcy Case.
2. Main Arguments of the Court:
- The court clearly determined that rulings on recognition of creditors' claims in a bankruptcy case cannot be appealed separately from the court's decision.
- The appellate court erroneously refused to open proceedings, referring…
Here is the translation:
1. Subject of Dispute: Recognition of Additional Agreements to Land Lease Contracts as Concluded and Renewal of Lease Legal Relations.
2. Main Arguments of the Court:
- Non-preparation of agrochemical passports for land plots constitutes improper performance of contractual obligations
- This prevents soil condition monitoring and creates risks of soil contamination
- Such circumstances make…
Essence of the decision:
The European Court of Human Rights (ECHR) examined the case of Tymoshenko v. Ukraine concerning deficiencies in proceedings for reviewing the lawfulness of detention. The applicant's son continued the case after his father's death in August 2023. The Court found Ukraine in violation of Article 5 § 4 of the Convention due…
Essence of the decision:
The European Court of Human Rights (ECHR) examined 12 joined applications against Ukraine concerning inadequate conditions of detention and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention in all cases, related to poor detention conditions in Kryvyi Rih Detention Facility. The Court awarded compensation…