1. The subject of the dispute is the application of JSC "Ukrtelecom" for the recovery from Individual Entrepreneur Hoya M.I. of expenses for professional legal assistance incurred in connection with the cassation proceedings in the case of recovery of damages and transfer of the rights and obligations of the lessee.
2. The court partially satisfied the…
1. The subject of the dispute is the application of PERSON_1 for his appointment as a second guardian over his incapacitated sister.
2. The courts of the first and appellate instances refused to satisfy the application, citing the lack of evidence of the impossibility of the incapacitated person's mother to perform the duties of a guardian,…
This is a judgment by the Court of Justice of the European Union (CJEU) regarding an appeal concerning restrictive measures against Gennady Nikolayevich Timchenko and Elena Petrovna Timchenko, specifically the freezing of funds and economic resources due to the situation in Ukraine. The appeal challenges an amendment to Council Regulation (EU) No 269/2014, which imposed…
Here's a breakdown of the Iancu and Ristea v. Romania decision from the European Court of Human Rights:
1. **Essence of the Decision:**
The European Court of Human Rights (ECHR) found Romania in violation of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to life) due…
The European Court of Human Rights (ECtHR) has delivered a judgment in the case of Çetin and Others v. Türkiye, concerning 137 applications related to arrests and pre-trial detentions following the 2016 coup attempt in Turkey. The applicants, suspected of being members of the "Fetullahist Terror Organisation/Parallel State Structure" (FETÖ/PDY), alleged violations of Article 5…
Here's a breakdown of the European Court of Human Rights' judgment in the case of Georgia v. Russia (IV) regarding just satisfaction:
**1. Essence of the Decision:**
The European Court of Human Rights (ECtHR) ruled on the issue of "just satisfaction" concerning human rights violations stemming from the "borderisation" process in Abkhazia and South Ossetia. The Court…
1. The subject of the dispute is the appeal by a public organization against urban development conditions and a permit for construction works related to the construction of an administrative building with recreational facilities.
2. The Supreme Court overturned the ruling of the appellate court, noting that the appellate court had incorrectly applied the norms of…
1. The subject of the dispute is the legality of the order of the Ministry of Justice of Ukraine (Minjust) regarding the cancellation of registration actions concerning changes in information about the ultimate beneficial owners of legal entities in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations (USR).
2. The…
1. Subject of the dispute – imposition of joint and several liability on the former managers of the bankrupt company for failure to satisfy the creditors' claims.
2. The court of cassation noted that the joint and several liability of the bankrupt's manager has a tortious nature and arises if the manager did not apply to…
1. Subject of the dispute - recognition of monetary claims of the creditor against the debtor in the bankruptcy case.
2. The Supreme Court overturned the decisions of the previous instances, as they did not fully clarify the circumstances of the case, in particular, did not investigate the financial ability of the creditor to provide a…
1. The subject of the dispute is the appeal against the inaction of the correctional colony regarding the failure to accrue and pay the average earnings for the period of delay in the settlement upon the plaintiff's dismissal.
2. The court of cassation found that the courts of previous instances mistakenly applied Article 117…
1. The subject of the dispute is an application for the establishment of guardianship over a legally incapacitated person and the appointment of a guardian.
2. The court of cassation overturned the decisions of the previous instances because the case was considered by the court of first instance in an incomplete composition, namely, by a judge…
1. The subject of the dispute is the refusal of the Kyiv Court of Appeal to open proceedings on the application for review based on exceptional circumstances of the ruling of the same court, which previously refused to open appellate proceedings on the decision of the court of first instance regarding the impossibility of considering…
Here's a breakdown of the Vorobyov and Vykhrystyuk v. Ukraine decision:
1. **Essence of the Decision:** The European Court of Human Rights (ECtHR) found a violation of Article 1 of Protocol No. 1 (protection of property) of the Convention for the Protection of Human Rights and Fundamental Freedoms in the case of Vorobyov…
Here's a breakdown of the European Court of Human Rights' judgment in the case of UKRSPETSMET-V, TOV v. Ukraine:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms due…
Here's a breakdown of the Moshin v. Ukraine decision:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 1 of Protocol No. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the protection of property. The case revolved…
Here's a breakdown of the European Court of Human Rights' decision in the case of *Monakhov and Others v. Ukraine*:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) ruled that Ukraine violated Article 3 of the Convention on Human Rights in the cases of Mr. Monakhov, Mr. Nasirov, and Mr.…
Here's a breakdown of the Mishchenko v. Ukraine decision:
1. **Essence of the Decision:** The European Court of Human Rights (ECtHR) found a violation of Article 8 of the Convention (right to respect for private and family life) due to unlawful covert recordings of the applicant's telephone conversations. While domestic courts relied on…
Here's an analysis of the European Court of Human Rights' decision in the case of *Korol and Others v. Ukraine*:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 6 § 1 of the Convention for the Protection of Human Rights and Fundamental…
Here's a breakdown of the Hashimov v. Azerbaijan decision:
1. **Essence:** The European Court of Human Rights (ECHR) found Azerbaijan in violation of Article 5 § 3 (right to liberty and security), Article 6 §§ 1 and 3(c) (right to a fair trial), and Article 8 (right to respect for private and family life)…