Subject of Dispute: Challenging the Investigating Judge's Ruling Refusing to Lift Property Seizure after Criminal Proceedings Closure.
The court was guided by the following key arguments: firstly, current criminal procedural legislation does not contain a clear prohibition on appealing investigating judge's rulings on property seizure after the completion of pre-trial investigation; secondly, the right to appeal…
Subject of Dispute: Recognition of Creditor Claims of PJSC "Ukrainian Innovation Company" against LLC "Mykolaiv Business Center "Oleksandrivskyi" in the Bankruptcy Case for the Amount of 20,084,721.33 UAH.
Main Arguments of the Court:
The court established that PJSC "Ukrinbank" and PJSC "Ukrainian Innovation Company" are the same legal entity, despite the change in name. Previous courts prematurely…
Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision on Accrual of Real Estate Tax for an Industrial Complex.
Main Arguments of the Court: The Supreme Court considers that previous judicial instances incorrectly applied the norm on exemption from taxation of industrial buildings. The Court emphasized that for obtaining the tax benefit, merely…
Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on imposing penalties for late payment of rental fee for oil.
2. Main Arguments of the Court:
- Provisions of paragraph 87.9 of Article 87 of the Tax Code of Ukraine cannot be applied to legal relations that arose before 01.01.2011
- At the time of the…
Subject of Dispute: Possibility of Reviewing an Investigating Judge's Ruling on Permit for Special Pre-trial Investigation Based on Newly Discovered Circumstances.
Main Arguments of the Court:
1. Review based on newly discovered circumstances is an extraordinary procedure applied in exceptional cases.
2. Not all investigating judge's rulings can be reviewed, only those that create significant restrictions on a…
Analysis of the Court Decision:
1. Subject of Dispute: Imposing subsidiary liability on the founder of LLC "PROBILD" in the bankruptcy case for the amount of 1,022,909.00 UAH.
2. Main Arguments of the Court: The Supreme Court considers that the appellate court unjustifiably suspended the proceedings due to the defendant's service in the Armed Forces of Ukraine.…
Subject of Dispute: Closure of Criminal Proceedings in a Case Involving Economic Crimes and Money Laundering.
Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly applied procedural norms when closing the criminal case. First, for criminal proceedings initiated before March 16, 2018, the extension of pre-trial investigation terms falls…
Subject of Dispute: Review of a Judicial Decision Regarding a Person Who Committed a Robbery During Martial Law.
Main Arguments of the Court: The Supreme Court drew attention to the improper substantiation by lower courts of Articles 69 and 75 of the Criminal Code of Ukraine. The Court emphasized that mitigation of punishment requires the presence…
Analysis of the Court Decision:
1. Subject of Dispute: Closure of criminal proceedings against three Ukrposhta employees suspected of misappropriating funds totaling 711,354.16 UAH.
2. Key Court Arguments:
The Supreme Court deviated from previous judicial practice and established that the period from the moment of issuing a resolution to close criminal proceedings to the moment of its cancellation…
Subject of Dispute: Challenging a Court Decision Due to Violation of Territorial Jurisdiction Rules in a Criminal Case Involving Attempted Murder.
Main Arguments of the Court: First, determining jurisdiction is not always obvious before the case review begins. Second, if a jurisdictional violation is discovered after the judicial process has started, this is not an automatic…
Subject of Dispute: Challenging the Decisions of the Political Party "Nash Krai" on Recalling a Local Council Deputy through a Popular Initiative.
Main Arguments of the Court:
1. The decision of the local party organization's meeting on proposing the recall of a deputy has a recommendatory nature and relates to the internal organizational activities of the party,…
Subject of Dispute: Invalidation of Peresichany Village Council Decisions on Transfer of Land Plots to Private Ownership and Cancellation of State Ownership Certificates.
Main Court Arguments:
1. Land plots transferred to private ownership were previously in state ownership and were assigned to the state enterprise "Berezivski Mineral Waters Sanatorium".
2. Village council decisions on termination of permanent land…
Subject of Dispute: PrivatBank attempted to recover funds that were collected from it in favor of a client within the framework of executing a court decision on deposit funds recovery.
Main Court Arguments:
1. The bank independently partially executed the court decision, withholding a portion of funds for tax payment, but the state executor legally collected the…
Subject of Dispute: Recognition of Paternity and Modification of Father's Information in the Birth Certificate
Key Arguments of the Court:
The court drew attention to a gap in legislation regarding the establishment of paternity when a biological father wants to recognize his paternity. The Supreme Court emphasized that depriving a man of the right to initiate a…
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1. Subject of Dispute: Recognition of Pledge Transactions of Property Rights and Assignment of Claims as Void in a Case of Credit Debt Recovery.
2. Main Arguments of the Court:
The Supreme Court indicated that the appellate court prematurely reached a conclusion about partial satisfaction of claims without properly verifying the bank's arguments about…
Subject of Dispute: Determination of the Legal Nature of Changes to the List of Narcotic Substances and the Possibility of Applying Retroactive Effect of Law in a Criminal Case Regarding Illegal Cannabis Circulation.
Main Arguments of the Court:
1. Changes to the list of narcotic substances introduced by the Cabinet of Ministers' resolution do not constitute changes…
Subject of Dispute: Cassation Appeal of a Sentence against a Person Convicted of Illegal Sale of Psychotropic Substances.
Main Arguments of the Court: The Supreme Court deemed the evidence for the episode of October 24, 2022, inadmissible due to untimely entry of information into the Unified Register of Pre-trial Investigations, which made it impossible to prove…
Subject of Dispute: Initiation of Bankruptcy Proceedings for LLC "Rivne Agricultural Enterprise" based on the application by LLC "Spektr-Agro".
Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the decisions of previous instances, in particular, the issue of creditor's claim priority was not clearly investigated, and the circumstances regarding the presence/absence of…
Subject of Dispute: Return of Funds Paid to the State Budget under Canceled Tax Notifications-Decisions.
Main Arguments of the Court:
1. The disputed legal relations are of a public law nature, as they arose in the sphere of tax collection and relate to the return of tax payments.
2. The court rejected the plaintiff's arguments about applying the…
Subject of Dispute: Termination of Criminal Proceedings against PERSON_7 due to the Expiration of Pre-Trial Investigation Period.
Main Arguments of the Court: The court established that the courts of previous instances did not take into account the specifics of calculating pre-trial investigation periods during martial law. In particular, the criminal proceedings were initiated on October 21,…