Subject of the dispute - invalidation of the Ukrainian certificate for goods and services trademark "USUPSO" and prohibition of its use.
The court carefully analyzed the procedural grounds for cassation appeal. The panel of judges drew attention to the fact that the stated grounds for reviewing judicial decisions do not meet the requirements of procedural legislation.…
Subject of Dispute: Recovery of Monetary Funds for Electricity Produced at the "Green" Tariff, Which the State Enterprise "Guaranteed Buyer" Did Not Fully Pay to the Company "Ovid Wind".
Main Arguments of the Court:
1. Order No. 140 and No. 206 do not limit the rights of the electricity producer to receive the full cost of electricity…
Here is the translation of the legal analysis:
1. Subject of Dispute: Reinstatement of a diplomatic worker's husband at Ukrtelekom JSC after her foreign assignment.
2. Main Court Arguments:
- Guarantee under Part 3 of Article 37 of the Law "On Diplomatic Service" applies ONLY to state-owned enterprises
- Ukrtelekom JSC is a private joint-stock company, therefore not subject…
Subject of Dispute: Invalidation of Electronic Auction for the Sale of an Apartment Belonging to PERSON_1, and Cancellation of State Registration of Ownership for PERSON_2.
Main Arguments of the Court:
1. The court indicated that the grounds for invalidating the auction must be established specifically at the moment of their conduct, and the decision to declare the…
Subject of the Dispute: A person challenges the actions of the Department of Urban Planning and Land Relations of the Zhytomyr City Council when reviewing their application dated February 10, 2022.
Main Arguments of the Court: The Supreme Court confirmed that this dispute is a public law matter and should be considered through administrative proceedings, as…
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1. Subject of Dispute: Invalidation of a land plot purchase and sale agreement, which was concluded by the plaintiff's representative in her favor.
2. Main Arguments of the Court:
- The mere fact of family ties between the representative and the buyer is not grounds for declaring the contract invalid
- The representative acted within…
Subject of Dispute: Recognition of the Right to a Mandatory Share of Inheritance after the Father's Death.
Main Arguments of the Court:
1. The Supreme Court clearly defined that to receive a mandatory share of inheritance, an adult must be officially recognized as incapacitated, that is, have a disability.
2. Public law norms (regarding pension insurance or education)…
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1. Subject of Dispute: Invalidation of the decision of the general meeting of members of the "Pivnich" auto garage cooperative from series No. 9 regarding delegation of an authorized member.
2. Main Arguments of the Court:
- Plaintiffs believed that the meeting was conducted with procedural violations: without proper notification and without a quorum
-…
Subject of Dispute: Challenging Tax Notifications-Decisions on Land Tax Accrual for 2021 and 2022.
Main Arguments of the Court: The Supreme Court drew attention that the term for filing a lawsuit to cancel a tax notification-decision is six months and is calculated from the day when a person learned or should have learned about the violation…
Subject of Dispute: Challenging the Resolution of the State Service of Ukraine for Transport Safety on Imposing an Administrative and Economic Fine on an Individual Entrepreneur for Improper Execution of a Waybill.
Main Arguments of the Court:
1. The Supreme Court changed its previous position regarding the interpretation of legislation on transportation.
2. The Court considers that deficiencies…
Subject of the dispute: recovery of rent arrears under a real estate lease agreement.
Main arguments of the court:
1. The lease agreement dated 02.01.2018 was not declared invalid in court, therefore it continues to be in effect.
2. In accordance with current legislation, if the tenant continues to use the property after the expiration of the contract,…
Subject of Dispute: Recovery of Advance Payment under the Purchase and Sale Agreement and Challenging the Inaction of the State Executor.
Main Arguments of the Court: The Supreme Court established that the appellate court improperly demanded payment of court fees for an appeal against the ruling on the inaction of the state executor, referring to the…
Subject of Dispute: Recognition of Ownership Rights to an Apartment Located at 122 Fontanska Road.
Main Court Arguments:
1. The court established that the plaintiff was properly notified about court hearings but did not appear.
2. The Supreme Court deviated from previous practice and noted that the plaintiff's non-appearance cannot automatically lead to dismissal of the claim.
3. The…
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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…