Here is the translation:
Subject of Dispute: Challenging the Inaction of a Private Executor Regarding the Termination of Enforcement Proceedings for Credit Debt Recovery.
Key Court Arguments:
1. The guarantor argued that credit obligations were fully terminated due to the sale of the mortgage subject at a price exceeding the debt amount.
2. The court indicated that in such…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging the decision of JSC "Lvivgaz" regarding additional gas charges due to the detection of an unauthorized gas pipeline in the consumer's house.
2. Main Court Arguments:
- The court deviated from previous practice and established that the mere fact of an unauthorized gas pipeline's existence…
The case concerns challenging the inaction of the High Council of Justice regarding the non-consideration of the plaintiff's complaint against judges.
The court was guided by the following key arguments: the statement of claim cannot be considered signed, as the signature is located before the text of the document, which contradicts the legal position of the…
Subject of Dispute: Compensation for Moral Damage Caused to an Individual as a Result of Unlawful Criminal Prosecution.
Main Arguments of the Court:
1. The plaintiff was under investigation and trial for 9 years, 8 months, and 12 days, which caused him significant moral suffering.
2. The criminal proceedings were closed due to the absence of elements of…
Subject of Dispute: Return of a Minor Child to the Permanent Place of Residence in the United Kingdom of Great Britain and Northern Ireland.
Main Arguments of the Court:
1. The Court emphasized that clarification of a court decision cannot alter the essence of the decision or establish a new procedure for execution.
2. The issue of determining…
Here is the translation:
1. Subject of Dispute: Recovery by Export Credit Bank of Turkey JSC from Savvats LLC of debt in the amount of 323,502.90 US dollars for delivered goods through subrogation.
2. Main Arguments of the Court:
- The insurer has the right to recover the insurance compensation amount through subrogation in accordance with Turkish legislation
-…
Subject of Dispute: Invalidation of the Surety Agreement concluded between LLC "Sumy Machine-Building Scientific and Production Association" and JSC "Bank Credit Dnipro" in 2016.
Main Arguments of the Court:
The Supreme Court pointed out the need for a thorough verification of the good faith of the transaction, especially if it was concluded during a period when the…
Subject of Dispute: Criminal Proceedings against PERSON_6, a driver who caused a traffic accident resulting in serious bodily injuries to the victim.
Main Arguments of the Court: The Supreme Court did not agree with the appellate court's decision to declare evidence of the driver's state of alcohol intoxication inadmissible. The court indicated that the procedure for…
Subject of Dispute: Recognition of Apartment as Mortgaged and Foreclosure of Mortgage Subject under the Credit Agreement.
Main Court Arguments:
1. The mortgage on the apartment remains valid, even if there was a temporary absence of its record in the register.
2. The alienation of the apartment occurred without the bank's consent, during the validity of a court…
Subject of the dispute: Recovery of debt for thermal energy from apartment owners in the amount of 14,581.01 UAH.
Main arguments of the court:
1. The court adheres to the legal position that all property disputes where the debtor in the bankruptcy case is a party must be considered exclusively by the commercial court handling the bankruptcy…
Subject of the Dispute: Establishing the Fact of the Daughter's Residence with the Mother at the Time of Inheritance Opening and Recognizing Other Heirs as Not Having Accepted the Inheritance.
Main Arguments of the Court: The Supreme Court drew attention to the fact that the place of registration does not always mean the actual place of…
Here is the translation of the legal analysis:
Subject of Dispute: Dismissal of PERSON_1 from the position at the Social Insurance Fund during reorganization and merger with the Pension Fund of Ukraine.
Key Court Arguments:
The Supreme Court for the first time changed its approach to considering similar cases, determining that disputes about dismissal of employees during reorganization…
Subject of Dispute: Closure of Criminal Proceedings Due to Pre-Trial Investigation Timeframes Regarding PERSON_7, Who Was Accused of a Series of Crimes.
Main Arguments of the Court: The Supreme Court established that the appellate court prematurely closed the criminal proceedings, without taking into account key circumstances - the date of initiation of pre-trial investigation (January 31,…
Here is the translation:
1. Subject of Dispute: Recovery of debt under a credit agreement and challenging the legitimacy of collecting commissions for providing a financial instrument.
2. Key Arguments of the Court:
The Supreme Court established that at the time of concluding the credit agreement (2006), legislation did not contain a direct prohibition on establishing commissions for…
Here is the translation:
1. Subject of Dispute: Claim for establishing the fact of cohabitation, invalidation of investment and donation agreements, recognition of property ownership.
2. Main Arguments of the Court:
The court concluded that the plaintiff's chosen method of rights protection is inappropriate. Specifically:
- The claim to establish the fact of cohabitation without marriage cannot be satisfied,…
Subject of Dispute: Cassation Appeal of Sentence Regarding a Person Who Committed Several Thefts in 2018.
Main Arguments of the Court:
1. The court thoroughly analyzed the circumstances of the case and concluded that the statute of limitations had not expired, as the person was hiding from the investigation.
2. The court took into account changes in legislation…
The essence of the decision:
The European Court of Human Rights examined multiple applications against Russia concerning the "foreign agent" legislation. The Court found that Russia's practice of designating individuals and organizations as "foreign agents" violated Article 10 (freedom of expression) and Article 8 (right to private life) of the European Convention on Human Rights. The…
Here's the analysis of the ECtHR decision in Yegorov and Others v. Russia:
Essence of the decision:
The case concerns multiple applications against Russia regarding violations of freedom of expression, particularly related to calls for participation in public events and protests. The Court found violations of Article 10 of the Convention in all cases, where applicants were…
Essence of the decision:
The European Court of Human Rights (ECHR) ruled on 11 consolidated cases against Ukraine concerning inadequate detention conditions in various Ukrainian detention facilities. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions and lack of effective remedies. The cases involved multiple applicants who were held…
Essence of the decision:
The European Court of Human Rights ruled in favor of Mr. Tokar, a Ukrainian citizen who was denied an international passport due to allegedly inaccurate data in the police database about criminal proceedings against him from 1997. The Court found violations of Article 2 of Protocol No. 4 (freedom of movement) and…