Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on accrual of penalties for violation of settlement terms in foreign economic activity.
2. Key Court Arguments:
: The Supreme Court deviated from previous practice and changed the approach to understanding force majeure circumstances.
- Chamber of Commerce and Industry certificate on force majeure is not an…
Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. In accordance with Article 117 of the Labor Code of Ukraine, the employer is obligated to pay the employee average earnings for the entire period of delay in settlement upon dismissal.
2.…
Subject of the Dispute: Sense Bank challenges the refusal of the Administrative Services Department of the Chernihiv City Council to register its ownership right to an apartment.
Main Arguments of the Court: The Supreme Court recognized that this dispute is a public law matter, as the bank is challenging the decision of an administrative authority regarding…
Subject of the dispute - appointment of a civil servant's pension under the Law "On Civil Service" to a person who previously received a disability pension.
The court drew attention to a fundamentally important legal position: a person who previously received a disability pension under the Law "On Civil Service" and was subsequently transferred to a…
Subject of Dispute: Recognition of Property Rights to an Apartment in Kyiv.
Main Arguments of the Court: First, the court emphasized that an attorney's powers can be confirmed not only by a formally impeccable warrant but also by other documents, including a legal assistance agreement. Second, the existence of a certificate of the right to practice…
Subject of Dispute: Challenging the State Executor's Resolution on Terminating Enforcement Proceedings Regarding Determining the Father's Method of Participation in Child Upbringing.
Main Arguments of the Court:
1. The court considers that the state executor approached the execution of the court decision on the father's visitation with children formally.
2. Despite the absence of direct obstacles from the…
Here is the translation:
1. Subject of Dispute: Challenging the Order of the Municipal Property Department on Cancellation of Electronic Auction for Sale of Non-Residential Building.
2. Main Court Arguments:
- The Municipal Property Department unjustifiably cancelled the electronic auction where PERSON_1 became the winner
- The decision to cancel the auction violates the principle of stability of public…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notifications-Decisions Issued by the Main Directorate of the State Tax Service in Kyiv.
Main Arguments of the Court:
The Supreme Court established that the court of first instance violated procedural norms by continuing the case review after receiving a motion for judicial recusal without properly examining this…
Here is the translation:
1. Subject of Dispute: Recovery of land lease debt from LLC "Granum-Elite" for 2023.
2. Main Court Arguments:
- The Supreme Court established that the entire territory of Zaporizhzhia district was classified as an active combat zone in 2022.
- According to amendments to the Tax Code, the company had the right not to pay…
Subject of Dispute: Termination of a Service Procurement Contract between LLC "Bramante" and LLC "Gas Transmission System Operator of Ukraine" due to Substantial Change of Circumstances as a Result of Full-Scale War.
Main Arguments of the Court:
The Supreme Court indicated that the courts of previous instances prematurely satisfied the claim for contract termination. The Court drew…
Subject of Dispute: Dismissal of an employee from the position of Head of the Legal Department of the Executive Directorate of the Social Insurance Fund of Ukraine in Khmelnytskyi Oblast in connection with reorganization.
Main Arguments of the Court: The court established that as a result of the reorganization of the Social Insurance Fund by merging…
Here is the translation of the court decision analysis:
1. Subject of Dispute: Recognition of information as unreliable regarding the alleged demand by the plaintiff for 100,000 dollars, published by the defendant on the Facebook social network.
2. Main Arguments of the Court:
- The court drew attention to the need to distinguish between facts and value judgments
-…
Subject of Dispute: Determination of an Additional Period for Inheritance Acceptance after Husband's Death.
Main Arguments of the Court:
The Supreme Court considers that the prolonged illness of the plaintiff, associated with mental disorders that existed both before the expiration of the six-month period for inheritance acceptance and continued at the time of court appeal, is a…
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…
Here is the translation:
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)…