Here is the translation:
Subject of Dispute: Vynohrativ City Council attempts to recover a residential house from the Farming Enterprise "Kolos" by challenging the state registration of ownership rights to this house.
Main Arguments of the Court:
1. The court established that state registration of ownership rights is not an indisputable proof of ownership, but creates a presumption…
Here is the translation:
1. Subject of Dispute: Recovery of legal expenses for legal assistance from the plaintiff in favor of the defendant in a case of leaving the claim without consideration.
2. Main Arguments of the Court:
The Supreme Court indicated that to recover legal expenses, the defendant must prove the groundlessness of the plaintiff's actions.…
Here is the translation:
1. Subject of Dispute: Challenging the decision of the Antimonopoly Committee of Ukraine regarding recognition of DP "Lactalis-Ukraine" actions on labeling the product "Soft Cottage Cheese" as unfair competition.
2. Main Court Arguments:
- The product packaging provides complete information about its composition and name - "Thermized Cream Cheese"
- Expert examination confirmed that the…
Here is the translation:
1. Subject of Dispute: Recovery from the trade union organization of unpaid funds upon dismissal and average earnings for the delay in settlement.
2. Main Arguments of the Court:
- The employer unlawfully withheld taxes from the previously court-recovered amount of average earnings for forced absence
- Upon dismissal, the employee was not paid all…
Here is the translation:
1. Subject of Dispute: Challenging tax authority decisions on refusal to register tax invoices in the Unified Tax Invoice Register.
2. Key Court Arguments:
- The taxpayer (PE "UKR-PETROL") did not exercise the right to provide additional explanations and documents after receiving notifications from the tax authority.
- Changes to Procedure No. 520 from March…
Here is the translation:
1. Subject of Dispute: Challenging the order to suspend an employee from work without pay due to refusal to be vaccinated against COVID-19.
2. Key Court Arguments:
The Supreme Court indicated that suspension from work must be proportional and involve an individual risk assessment. In this case:
- The employee has only 4 direct and…
Subject of Dispute: Recovery of Debt under a Legal Assistance Agreement from the Heir of a Deceased Client.
Main Arguments of the Court:
1. The court established that the legal assistance agreement between the lawyer and the client was not actually concluded due to the absence of indisputable evidence of its signing and agreement on essential terms.
2.…
Here is the translation:
1. Subject of Dispute: Criminal proceedings regarding assistance in receiving an unlawful benefit by an official in a significant amount.
2. Main Arguments of the Court:
- The court deviates from previous judicial practice in cases of corruption crimes. It thoroughly analyzes the circumstances of the case related to other persons, but does…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices.
Main Arguments of the Court:
1. The court established that the plaintiff violated the terms of registration of tax invoices in the Unified Register of Tax Invoices in 2022.
2. The Supreme Court concluded that paragraphs 89 and…
Subject of Dispute: Challenging Orders on Disciplinary Proceedings and Dismissal of a Civil Servant for Violation of the Oath.
Key Arguments of the Court:
1. The court established that when dismissing a civil servant for violating the Oath, the facts of unlawful behavior that undermine trust in the person as a power holder must be clearly proven.
2.…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices.
Main Arguments of the Court:
1. The court established that the plaintiff registered a number of tax invoices with violation of established terms during the period from February to June 2022.
2. The Supreme Court previously formed a…
Here is the translation:
1. Subject of Dispute: Challenging the Cancellation of a Certificate for Notarial Activity of a Private Notary.
2. Key Court Arguments:
The Supreme Court confirmed the position that failure to notify a notary about a desk audit is a significant procedural violation. However, in this case, the court considers that these circumstances are…
Subject of Dispute: Challenging a Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices in the Unified Tax Invoice Register.
Main Arguments of the Court:
1. The Supreme Court deviates from its previous position regarding the possibility of applying paragraphs 89 and 90 of subsection 2 of section XX "Transitional Provisions" of the Tax Code…
Here is the translation:
1. Subject of Dispute: Challenging orders on disciplinary proceedings and dismissal of a civil servant for violation of the Oath.
2. Key Arguments of the Court:
- Dismissal for violation of the Oath is possible only with clear proof of misconduct against service interests
- The Disciplinary Commission did not provide specific facts of non-performance…
Subject of the dispute: Recognition of the inaction of the Lviv Regional Prosecutor's Office as unlawful regarding non-accrual and non-payment of salary to a prosecutor, taking into account the seniority bonus.
Main arguments of the court:
After the decision of the Constitutional Court of Ukraine dated September 13, 2023, which declared unconstitutional the provisions on prosecutors' remuneration,…
Here is the translation:
Subject of Dispute: Recalculation of a serviceman's monetary provision for the period from February 2020 to March 2023.
Main Arguments of the Court:
The court essentially changes its previous legal position regarding the calculation of terms for filing a lawsuit. It established that:
1. Until July 19, 2022, the old version of the Labor Code…
Subject of Dispute: Recovery from PrivatBank of the deposit amount and accrued interest under a contract that the bank refuses to execute.
Main Court Arguments:
1. The bank received a statement from the client about terminating the deposit agreement and returning funds, but did not fulfill its obligations.
2. The client did not consent to the transfer of…
Subject of Dispute: Recognition of the Validity of an Apartment Purchase and Sale Agreement and Recognition of Ownership Rights.
Main Arguments of the Court:
The Supreme Court established that at the time of the agreement's conclusion (2002), there was no mandatory notarization requirement for apartment purchase and sale agreements. Moreover, since the agreement was registered at a…
Here is the translation:
Subject of Dispute: Determining the Place of Residence of a Minor Child after Parents' Divorce.
Main Arguments of the Court:
1. The child's mother transported the son to the Russian Federation without the father's consent, violating the parental rights of PERSON_2.
2. Relocating the child to another country creates obstacles for the father's communication with…
Here is the translation of the legal analysis:
1. Subject of Dispute: Invalidation of the village council's decision on land plot transfer to ownership and cancellation of the state ownership certificate.
2. Main Arguments of the Court:
The Supreme Court indicated that invalidating the village council's decision and the state certificate is not an effective method of…