Essence of the decision:
The European Court of Human Rights (ECHR) examined three joined cases against Ukraine concerning excessive length of criminal proceedings. The Court found violations of Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention due to unreasonably long criminal proceedings and lack…
Essence of the decision:
The European Court of Human Rights ruled on multiple applications from Alexei Navalny and OOO ZP against Russia concerning violations of freedom of expression. The Court found violations of Article 10 of the Convention in all cases, which involved restrictions on Navalny's publications about corruption and criticism of Russian officials. The Court…
Essence of the decision:
The European Court of Human Rights examined three joined cases against Ukraine concerning excessive length of pre-trial detention. The Court found violations of Article 5 § 3 of the Convention in all cases, where the applicants were held in detention for periods ranging from 3 years and 3 months to nearly 4…
The essence of the decision:
The European Court of Human Rights (ECHR) ruled in favor of two Russian Jehovah's Witnesses who were criminally prosecuted for extremism due to their religious activities. The Court found that their prosecution for organizing worship services and practicing their religion peacefully violated Article 9 of the Convention (freedom of religion). The…
Essence of the decision:
The European Court of Human Rights (ECHR) ruled on 13 combined cases against Ukraine regarding inadequate detention conditions and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention concerning poor detention conditions in various Ukrainian facilities. The applicants were awarded compensation ranging from 4,000 to…
Essence of the decision:
The European Court of Human Rights (ECHR) ruled in the case of Gnezdov v. Ukraine concerning unlawful detention of the applicant. The Court found a violation of Article 5 § 1 of the Convention due to arbitrary detention without proper justification and delayed release. The Court awarded the applicant EUR 2,600 in…
Subject of Dispute: Challenging a Tax Notification-Decision on Additional Accrual of Corporate Income Tax and VAT for Transactions with Counterparty LLC "Progress Resource Group".
Main Arguments of the Court:
1. The Supreme Court deviated from the previous position that an enterprise with signs of fictitiousness is automatically deprived of the right to business transactions.
2. The existence of…
Here is the translation of the legal text analysis:
1. Subject of Dispute: Termination of the share purchase agreement for PJSC "Ukrtelekom" due to the buyer's failure to fulfill investment obligations.
2. Key Arguments of the Court:
- The court established that although LLC "ESU" did not formally make direct investments, it ensured investment through PJSC "Ukrtelekom" amounting…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions issued by the Main Directorate of the State Fiscal Service in Vinnytsia Oblast regarding the Municipal Utility Enterprise "Emergency Dispatch Service" based on the results of economic transaction verification with LLC "Autocomfort Plus".
2. Main Court Arguments:
- The court established the reality of economic transactions between…
Subject of Dispute: Failure of the Solotvyn Village Council to fulfill the obligation to provide free meals for children from privileged categories.
Main Arguments of the Court:
1. The prosecutor filed a lawsuit in the interests of the state, however, the Supreme Court established that it actually concerns the protection of specific children's rights, rather than national…
Here is the translation:
1. Subject of Dispute: Challenging the Inaction of the Pension Fund Regarding Incorrect Pension Indexation.
2. Key Arguments of the Court:
The court established a fundamental difference between the norms of law and subordinate legal act regarding pension indexation. In particular, Procedure No. 124 provides for increasing the average salary indicator as of October…
Here is the translation of the legal analysis:
1. Subject of Dispute: The prosecutor attempted to challenge the inaction of authorities regarding the failure to provide free meals to children from internally displaced persons at a vocational school.
2. Main Arguments of the Court: The Supreme Court considers that this case concerns the protection of specific children's…
Subject of Dispute: A judge challenges the incorrect calculation of judicial remuneration for May 2024 using a reduced subsistence minimum.
Main Arguments of the Court:
1. The Law on Judicial System clearly defines that for calculating a judge's remuneration, the subsistence minimum as of January 1 of the calendar year (3,028 UAH) should be used, not an…
Here is the translation:
1. Subject of Dispute: Invalidation of a non-residential premises purchase and sale agreement, concluded between spouses during divorce without the consent of one of the spouses.
2. Main Arguments of the Court:
The Supreme Court changed previous judicial practice, indicating that the most effective way to protect property rights is not invalidating contracts,…
Here is the translation:
Subject of Dispute: The prosecutor challenged the decision of the Kharkiv City Council regarding the privatization of non-residential premises and their purchase and sale agreements.
Key Arguments of the Court:
1. Declaring the city council's decision invalid, which has already been executed, is not an effective method of protecting the territorial community's rights.
2. The…
Here is the translation:
1. Subject of Dispute: Criminal proceedings against People's Deputy PERSON_9, who was accused of illegally receiving housing rental compensation totaling 700,280 UAH.
2. Key Court Arguments:
- The apartment purchased by PERSON_9 in 2015 was not suitable for living until December 2018
- No evidence of intentional abuse of official position
- PERSON_9's actions corresponded to…
Here is the translation:
1. Subject of Dispute: Challenging the actions of a state executor regarding the initiation of enforcement proceedings in a territory included in the list of active combat zones.
2. Key Arguments of the Court:
- The legislative prohibition concerns the place of initiating enforcement proceedings, not the location of the debtor's registration
- The introduction…
Here is the translation of the legal analysis:
1. Subject of Dispute: Labor dispute regarding reinstatement of a locomotive driver PERSON_1 after his dismissal by JSC "Ukrainian Railways".
2. Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly terminated the proceedings in the case, since the previous decision on reinstatement was cancelled…
Subject of Dispute: Recovery of Debt under a Contract for Capital Road Repair from the Hostomel Village Council and Hostomel Village Military Administration.
Main Arguments of the Court:
1. The Appellate Court incorrectly established the circumstances of the case, in particular, it did not verify the parties' compliance with the contract terms regarding the definition of work…
Subject of Dispute: Recognition of Monetary Claims of the Creditor (LLC "Farsi") in the Bankruptcy Case of LLC "Refill".
Main Arguments of the Court:
1. The court established that when determining the status of creditor claims, the moment of claim origin should be taken into account, not the term of its execution.
2. Regarding the assignment of claim…