Subject of the Dispute: Prosecutor's cassation appeal against the ruling of the Vinnytsia Court of Appeal regarding sentencing of a woman who committed torture of her own child.
Main Arguments of the Court: The court thoroughly analyzed the norms of criminal legislation and concluded that the sanction of the article on torture does not provide for…
Subject of Dispute: Criminal Proceedings Regarding Theft of Monetary Funds Amounting to 2,000 UAH, Committed by PERSON_6 in June 2023.
Main Arguments of the Court: The Supreme Court established that as a result of legislative changes (Law No. 3886-IX), the threshold for criminal liability for theft was increased to 2,684 UAH, and the stolen amount (2,000…
Subject of Dispute: Challenging a Tax Notification-Decision on Applying Penalties for Late Registration of Tax Invoices during Martial Law.
Main Arguments of the Court:
1. Despite martial law, the taxpayer is obligated to register tax invoices within the timeframes established by law.
2. The taxpayer must prove the impossibility of fulfilling the tax obligation by submitting a corresponding…
Subject of Dispute: Payment of Average Earnings to an Employee on Military Service during Mobilization.
Main Arguments of the Court:
1. The court deviates from previous judicial practice and forms a new legal position regarding the preservation of average earnings for employees performing scientific and pedagogical activities during mobilization.
2. A law adopted in 2022 canceled the general…
Here is the translation:
1. Subject of Dispute: Challenging the decision of the Department of Urban Planning and Architecture regarding refusal to provide urban planning conditions and restrictions for the reconstruction of non-residential buildings on a land plot.
2. Key Court Arguments:
- The land plot's intended purpose (12.11 - for road service facilities placement) does not match…
Subject of Dispute: A serviceman challenges the inaction of the State Border Guard Service regarding non-payment of additional compensation amounting to up to 30,000 hryvnias for October and November 2022.
Main Arguments of the Court:
The Supreme Court established a fundamentally important position that the courts of previous instances incorrectly applied Instruction No. 188 when assessing the…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notification-Decision on Applying Penalties for Failure to Provide Documents Confirming Inventory of Goods at a Filling Station.
Main Arguments of the Court:
1. The Supreme Court confirmed the previous legal position that liability is imposed only for failure to provide documents regarding goods that are directly located…
Subject of Dispute: Recognition as Unlawful and Cancellation of the Personal Reception Schedule of the Pension Fund of Ukraine.
Main Arguments of the Court:
The court deviated from its previous legal position regarding document signing. Now the signature must be placed after the main text of the document, which will prevent manipulations and distortion of content. Previously,…
Subject of Dispute: Review of a Judicial Decision Based on Newly Discovered Circumstances in Criminal Proceedings.
Main Arguments of the Court: The Supreme Court established that the Court of Appeal incorrectly closed the proceedings on PERSON_1's application for review of the judicial decision. The Court of Appeal essentially examined the application on its merits, but instead…
Here is the translation:
1. Subject of Dispute: Reclaiming Real Estate (Pharmacy Premises and Land Plot) and Invalidation of Mortgage Agreement.
2. Key Court Arguments:
- Property was removed from the possession of owner PERSON_1 as a result of invalid public auction
- Owner has the right to reclaim property from a bona fide acquirer if it was removed…
Subject of Dispute: Challenging the Resolution of Ukrtranssafety on Imposing an Administrative and Economic Fine on LLC "Unisev Group" for Exceeding Vehicle Weight Norms.
Main Arguments of the Court: The Supreme Court considers that previous judicial instances incorrectly determined the status of the motor carrier. To establish such status, two conditions must be proven: the existence…
Subject of Dispute: Challenging a Tax Notification-Decision Regarding Penalty for Late Registration of Tax Invoices.
Main Arguments of the Court:
1. The Supreme Court established that the taxpayer is exempt from liability for late registration of tax invoices during the moratorium period from March 1, 2020, to May 26, 2022.
2. The Court noted that Law No. 2876-IX,…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions regarding the imposition of penalties for late payment of rent for subsoil use.
2. Key Arguments of the Court:
- The controlling authority credited the paid funds towards repayment of the existing tax debt, which automatically led to the accrual of penalty sanctions
- The court noted that…
Subject of Dispute: Recognition of Military Department's Actions as Unlawful Regarding Non-Issuance of Clarified Certificate on Monetary Compensation for Recalculation of Military Serviceman's Pension.
Main Court Arguments:
1. The Supreme Court established that when recalculating military servicemen's pensions, it is necessary to take into account the average actual amounts of allowances and bonuses by position.
2. Courts of…
Subject of the Dispute: Recovery of Debt for License Fees for Conducting Gambling Activities.
Main Arguments of the Court: The court established that the dispute has a public law nature, since the Commission for Gambling and Lottery Regulation (CGLR) acts as a subject of authoritative powers, which implements state policy in the gambling sphere. The legal…
Subject of the Dispute: Imposing Joint and Several Liability on the Former Director of LLC "Biotes" for Untimely Filing of Bankruptcy Petition.
Main Arguments of the Court:
The court indicated that imposing joint and several liability requires a clear definition of its amount and a claim for recovery of a specific sum. In this case, the creditor…
Here is the translation of the legal analysis:
1. Subject of Dispute: Establishing the fact of living together without marriage registration and recognition of property ownership rights for a shared property.
2. Main Arguments of the Court:
The court established that the plaintiff was in a registered marriage until February 23, 2023, and therefore cannot claim to…
Here is the translation of the court decision analysis:
1. Subject of Dispute: Claiming an administrative building with a total area of 10,168.7 m2 from the unlawful possession of LLC "Tibet".
2. Main Arguments of the Court:
- The property was removed from the owner's possession against their will during the bankruptcy procedure
- The previous auction for the…
Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Improper Pension Indexation.
Main Arguments of the Court:
The court established that the provisions of Procedure No. 124 partially contradict the Pension Provision Law, as they limit the mechanism of pension indexation. In particular, setting the base indicator of average salary as of 01.10.2017 nullifies the…
Analysis of the Court Decision:
1. Subject of Dispute: Termination of the land lease agreement and its return to the owner due to systematic non-payment of rent.
2. Main Arguments of the Court:
- It was established that LLC "Osmostechnology" did not pay rent during 2016-2020, with the debt amounting to 228,068.60 UAH
- The court referred to the…