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…
Here is the translation:
1. Subject of Dispute: Recognition of invalidity of real estate purchase and sale agreements and a mortgage agreement that were concluded without the knowledge and consent of the property owner.
2. Main Arguments of the Court:
The court established that the purchase and sale agreements were concluded without the will of the true property…
Subject of Dispute: Recovery of Debt under a Credit Agreement from the Heirs of a Deceased Debtor.
Main Arguments of the Court:
1. The court established that the heirs are obligated to satisfy the creditor's requirements, but exclusively within the value of the inherited property.
2. Since the heirs did not participate in the first instance court proceedings,…
Subject of Dispute: Challenging the Resolution on Imposing an Administrative and Economic Fine on the Vehicle Owner for Violation of Automotive Transport Legislation.
Main Arguments of the Court: The Supreme Court emphasized that liability for violations of automotive transport legislation is applied to motor carriers, not vehicle owners. The Court noted that there are significant discrepancies…
Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision Regarding Penalty Sanctions for Late Registration of Tax Invoices.
Main Arguments of the Court:
The Court concluded that paragraphs 89 and 90 of subsection 2, section XX "Transitional Provisions" of the Tax Code of Ukraine do not have retroactive effect. This means that they cannot…
Subject of the dispute: Military serviceman PERSON_1 challenges the refusal of the military unit to recalculate and pay monetary allowance for the period from 29.01.2020 to 17.02.2020.
Main arguments of the court: The Supreme Court established that until 19.07.2022, the Labor Code of Ukraine did not limit the term for an employee to file a lawsuit…
Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on imposing penalties for late registration of tax invoices.
2. Key Arguments of the Court:
- The court analyzed a complex legal situation regarding the application of moratoriums on penalties during quarantine and martial law
- It was established that provisions of the "COVID" moratorium ceased to…
Here is the translation of the legal analysis:
Subject of Dispute: Early Termination of the Trademark Certificate for "EUROCASH" due to Non-Use within Five Years.
Main Arguments of the Court:
1. The court clearly defined for the first time that the five-year period of non-use of a trademark does not start anew when its owner changes. This period…
Here is the translation:
Subject of Dispute: Challenging a Tax Notification-Decision on Additional VAT Tax Liabilities for the Consortium "Scientific and Production Association "Ukrhydroenerhobudˮ.
Key Court Arguments:
1. The court established the validity of the Consortium's economic transactions with counterparties LLC "Diso Company" and LLC "Triada Torg", as:
- Primary documents comply with legislative requirements
- Actual movement and use…
Here is the translation:
1. Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
2. Main Arguments of the Court:
The Supreme Court established that until July 19, 2022, the previous version of Article 117 of the Labor Code of Ukraine should be applied without limitation…
Subject of the Dispute: A Serviceman Demands Recalculation and Payment of Monetary Compensation for the Period from February to December 2020.
Main Arguments of the Court:
1. The Supreme Court deviated from previous positions regarding the terms of court appeal, forming a new legal stance.
2. Until July 19, 2022, legislation did not limit the period for an…
Subject of Dispute: Dispute regarding the powers of the Municipal Establishment "Odessreklama" to carry out the dismantling of an advertising structure placed on the roof of a building without the appropriate permit.
Main Arguments of the Court: The Supreme Court considers that local authorities have the power to control the placement of outdoor advertising and make…
Subject of Dispute: Dispute regarding the powers of the Municipal Establishment "Odessreklama" to carry out the dismantling of an advertising structure placed on the roof of a building without the appropriate permit.
Main Arguments of the Court: The Supreme Court confirmed that the executive bodies of the local council have the authority to control the placement…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging a tax notification-decision on applying penalties for late registration of tax invoices.
2. Main Arguments of the Court:
The Supreme Court established that the final deadline for registering tax invoices for February-May 2022 is July 15, 2022, inclusive. The court found the conclusion of…