Subject of the dispute - the correctness of the form of the appellate court's decision when excluding the pre-trial detention period from the final term of punishment.
The court changed its previous legal position regarding the form of the judicial decision. The main arguments include that the exclusion of the pre-trial detention period is not a…
Here is the translation:
1. Subject of Dispute: Challenging the refusal of the Urban Planning and Architecture Department to extend the temporary structure placement passport for entrepreneurial activity.
2. Main Court Arguments:
- The temporary structure placement passport is not a permit-type document, therefore the Cabinet of Ministers Resolution #314 on automatic document extension during martial law does…
Essence of the decision (3-5 sentences):
The case concerns a Ukrainian editor-in-chief who was ordered to retract statements published about Ukrexpert, an association providing industrial safety services. The European Court of Human Rights found that Ukraine violated Article 10 (freedom of expression) when domestic courts ordered the applicant to retract his statements without proper justification. The…
1. Essence of the decision:
The European Court of Human Rights ruled on a case involving two Ukrainian activists who were prevented from holding demonstrations near the Prosecutor General's Office in Kyiv in 2013. The Court found violations of Article 11 (freedom of assembly) and Article 13 (right to effective remedy) of the Convention for both…
1. Essence of the decision in 3-5 sentences:
The case concerns the mass disorder and fire in Odesa on May 2, 2014, which resulted in 48 deaths and numerous injuries. The Court found that Ukraine violated Article 2 of the Convention by failing to prevent and stop the violence, ensure timely rescue measures, and conduct an…
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1. Subject of Dispute: Recovery of a tax debt from LLC "Promremmorstroi" for land lease payment in the amount of 284,555.58 UAH.
2. Main Arguments of the Court:
- The Company is registered in Mariupol and has a tax debt for land lease payment for the period from January 2018 to January 2019.
- The…
Subject of the Dispute: Claim by PERSON_1 against PJSC "Terra Bank" on consumer rights protection.
Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly closed the proceedings in the case, as they did not investigate the circumstances of legal succession of PJSC "Terra Bank". In particular, it was established…
Analysis of the Court Decision:
1. Subject of Dispute: Recovery of damages from the state budget due to unlawful seizure and sale of sunflower seeds from the 2018 harvest.
2. Main Court Arguments:
- The Prosecutor's Office and ARMA improperly arrested and sold 304.54 tons of sunflower seeds belonging to LLC "Agrofirma "Shabolat"
- The arrest order was canceled…
Here is the analysis of the court decision:
1. Subject of Dispute: The bank's right to challenge the ruling on closing proceedings in a natural person's insolvency case.
2. Main Arguments of the Court:
- The court confirmed the bank's right to challenge the judicial decision, as the debtor previously indicated the bank among its creditors
- The Supreme…
Subject of Dispute: Invalidation of Decisions of the General Shareholders Meeting of JSC "Chornomornaftogaz" and Recovery of Court Expenses.
Main Arguments of the Court: The Supreme Court established that the appellate court showed excessive formalism by returning the appeal of PJSC "Gaztek" due to the court fee being paid by another legal entity. The court emphasized…
Subject of Dispute: Recognition of the Pension Fund's Refusal as Unlawful to Grant a Pension for Length of Service to a Person Dismissed from the Penitentiary Service.
Main Court Arguments: The Supreme Court confirmed that for personnel of the penitentiary service, the preferential length of service calculation (one month of service counted as 40 days) is…
Subject of Dispute: Energy Plus LLC attempted to obtain a VAT budget refund in the amount of 9,686,612 hryvnias.
Main Arguments of the Court: The court established that the real estate purchase and sale agreements, based on which the Company formed a tax credit, were declared invalid by the economic court's decision. According to the Tax…
Here is the analysis of the court decision:
1. Subject of the dispute: Invalidation of the lease agreement for hard surface area of 56.58 m2 and obligation to vacate the land plot.
2. Main arguments of the court:
- Lease agreement may relate to hard surface as a separate individually defined property
- There are no indisputable evidence that…
Here is the translation:
1. Subject of Dispute: The Prosecutor's Office challenged the order of the Kharkiv District State Administration regarding the withdrawal of land plots from the state enterprise "Research Farm 'Kutuzivka'" and their transfer to lease to the private agricultural enterprise "Demetra".
2. Main Arguments of the Court:
- The disputed land plots are not particularly…
Subject of Dispute: Recovery of Expenses Related to Maintaining a Cadet at the Land Forces Academy Who Prematurely Terminated Studies.
Main Arguments of the Court: The Supreme Court established a technical error in the email address of the Land Forces Academy, which prevented the court from sending a notification to the academy about the need to…
Subject of Dispute: Challenging a Tax Notification-Decision on Imposing Penalties for Late Registration of Tax Invoices.
Main Arguments of the Court:
The Supreme Court clearly defined that Law No. 2876-IX does not have retroactive effect. Reduced penalties can only be applied to tax invoices drawn up and registered after its entry into force or to invoices whose…
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman from June 27, 2019, to January 24, 2023.
Main Arguments of the Court:
1. The Supreme Court drew attention to the change in the wording of Article 117 of the Labor Code of Ukraine from July 19,…
Here is the translation:
Subject of Dispute: Recovery of credit debt from an individual under a credit agreement concluded in 2007.
Key Arguments of the Court:
1. The bank did not comply with the mandatory pre-trial procedure for resolving the issue of early repayment of funds under a consumer loan, as provided by the law "On Consumer Protection".
2.…
Subject of Dispute: Invalidation of an Apartment Donation Agreement, which, in the plaintiff's opinion, should have actually been a Lifetime Maintenance Agreement.
Main Arguments of the Court:
1. The plaintiff is an elderly woman with a disability who entered into an apartment donation agreement with her son, believing it to be a lifetime maintenance agreement.
2. The court…
Subject of Dispute: Recognition of Immovable Property as a Subject of Mortgage under an Agreement between Legal Entities.
Main Arguments of the Court:
The Supreme Court established that this dispute is subject to consideration in an economic, rather than a civil court, as it concerns legal relations between legal entities related to a credit agreement and mortgage.…