Here is the translation:
Subject of Dispute: Recognition of Invalidity of an Apartment Donation Agreement from Father to Minor Son.
Main Arguments of the Court:
1. The donation agreement is fraudulent (concluded to the detriment of creditors), as it was entered into to avoid seizure of the debtor's property.
2. The court established that the father donated the apartment…
Subject of Dispute: Invalidation of Assignment of Claims under Credit and Mortgage Agreements between Individuals and the Company.
Main Court Arguments:
1. The court deviated from previous practice and established that assignment of claims under a credit agreement may occur not only in favor of financial institutions.
2. In this case, the bank "Porto-Franco" was in the liquidation…
Subject of the Dispute: Establishment of Paternity and Recognition of Inheritance Rights for a Person Whom the Plaintiff Considers to Be His Biological Father.
Main Arguments of the Court: The court was guided by the norms of the Marriage and Family Code of Ukraine, noting that in the birth certificate, the plaintiff's father is listed as…
Subject of Dispute: Determination of an Additional Period for Submitting an Inheritance Acceptance Application after Missing the Statutory Six-Month Term.
Main Arguments of the Court:
1. The court thoroughly analyzed the reasons for missing the term for inheritance acceptance and concluded that being abroad and quarantine restrictions are not objective and insurmountable obstacles.
2. The plaintiff had alternative…
Analysis of the Court Decision:
1. Subject of Dispute: Challenging the actions of a state executor regarding the calculation of alimony debt through currency conversion to euros.
2. Main Arguments of the Court:
- Currency conversion must be carried out at the official exchange rate of the National Bank of Ukraine on the day of payment in favor…
Here is the translation:
1. Subject of Dispute: Removal of Minor Children from Mother without Termination of Parental Rights.
2. Main Arguments of the Court:
The court established that despite the presence of a conflict situation in the family and the mother's aggressive behavior, there are no indisputable evidence of systematic neglect of parental duties. It was…
Subject of Dispute: Invalidation of the Apartment Purchase and Sale Agreement and Cancellation of Property Ownership Registration.
Main Arguments of the Court:
The court deviates from previous practice and indicates that a representative may act in the interests of heirs even after the principal's death, if this is related to urgent matters or prevention of damages. In…
The case concerns the appeal of a tax notification-decision on imposing a fine for late registration of tax invoices.
Key arguments of the court:
1. During the martial law and quarantine period, special rules for tax invoice registration were provided. In particular, a moratorium on penalties was in effect from March 1, 2020, to May 26, 2022.
2.…
Here is the translation of the legal text:
Here is a brief analysis of the court decision:
1. Subject of the dispute: The prosecutor filed a lawsuit to compel Vocational Technical School No. 88 to bring the civil defense protective structure into a state of readiness.
2. Main arguments of the court:
The Supreme Court formed a fundamental legal…
Subject of Dispute: A Serviceman's Right to Compensation for Loss of Income Due to Violation of Indexation Payment Terms for Monetary Allowance.
Main Arguments of the Court:
1. Indexation and compensation funds are a component of wages with a compensatory nature, aimed at maintaining the employee's real income level.
2. The court deviates from previous practice and considers…
Analysis of the Court Decision:
1. Subject of Dispute: Challenging the accrual of penalties for violation of settlement terms in foreign currency during the quarantine period.
2. Main Arguments of the Court:
The Supreme Court deviated from its previous legal position and indicated that penalties for currency transactions during quarantine are calculated on general grounds. The court argued…
Subject of Dispute: Termination of Criminal Proceedings against a Person Accused of Theft of Property during Martial Law
The main arguments of the court are that the courts of previous instances incorrectly terminated the criminal proceedings without considering the possibility of reclassifying the defendant's actions under Article 162 of the Criminal Code of Ukraine (illegal entry…
Subject of the Dispute: A Military Serviceman Challenges the Decision of the Joint Housing Commission of the General Staff of the Armed Forces of Ukraine Regarding the Refusal to Exclude a Service Apartment for Permanent Residence.
Main Arguments of the Court: The Supreme Court deviated from previous practice and clearly defined that disputes concerning housing provision…
Here is the translation:
1. Subject of Dispute: Challenging a tax notification-decision on imposing a penalty for late registration of tax invoices.
2. Key Court Arguments:
- The Supreme Court essentially changed previous practice regarding penalty sanctions for late registration of tax invoices.
- The period from March 2020 to May 2022 had a moratorium on penalty sanctions due…
Here is the translation:
1. Subject of Dispute: Challenging tax notifications-decisions of the Main Directorate of the State Tax Service in Kharkiv Oblast regarding the imposition of penalties on KSP "Kharkivhorlift" for late tax payment.
2. Main Arguments of the Court:
- Judicial economic expertise did not confirm the fact of late transfer of personal income tax and…
Here is the translation:
1. Subject of Dispute: Invalidation of electronic auction for the sale of garages that are joint shared property of the spouses.
2. Main Arguments of the Court:
- Garages were purchased during the marriage and are joint shared property of the spouses
- The state executor did not clarify the circumstances regarding the ownership of…
Here is the translation:
1. Subject of Dispute: Invalidation of Vyshhorod City Council decisions on transferring land plots into private ownership to citizens in the area belonging to the coastal protection zone of the Dnipro River.
2. Main Court Arguments:
- Disputed land plots are located within the 100-meter coastal protection zone of the Kyiv Reservoir
- Water fund…
Subject of Dispute: Termination of Ownership Right to a Share in Common Inherited Property (Automobile, Residential House, and Land Plots).
Main Arguments of the Court:
1. A co-owner's right of ownership to a share in common property may be terminated if at least one of the legally prescribed grounds exists (indivisibility of the item, impossibility of division…
Subject of Dispute: Recovery of Moral Damages from the State due to Illegal Administrative Prosecution by Patrol Police Officers.
Main Court Arguments:
The Supreme Court established that the appellate court approached the case circumstances formally. Firstly, the previous court proceeding established a violation of the driver's sobriety check procedure. Secondly, the plaintiff was deprived of the right…
Subject of Dispute: Dismissal of the General Director of SE "Naftogaz Bioenergy" and Challenge of the Dismissal Order.
Main Arguments of the Court:
1. The dispute concerns corporate relations, not labor relations, as it is related to enterprise management and termination of the manager's powers.
2. Grounds for dismissal were: improper performance of duties during business trips, transfer…