Here is the translation:
1. Subject of Dispute: Determining the legitimacy of increasing the authorized capital of LLC "Premiori" and changes in participants' shares.
2. Main Arguments of the Court:
The court established that the actions of the Company Premiori LTD participant regarding the increase of authorized capital are unlawful for the following reasons:
- An additional contribution of…
Subject of Dispute: Criminal Proceedings against an Individual Who Disseminated Materials on Facebook Denying the Russian Armed Aggression against Ukraine and Containing Calls for Seizure of State Power.
Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the consideration of the case by lower courts. Firstly, the court of first instance did…
Subject of the dispute: Challenging the tax notification-decision of the Main Directorate of the State Tax Service in Kyiv Oblast.
Main arguments of the court: The Supreme Court supported the position of the appellate court regarding the missed deadline for filing a lawsuit, as the plaintiff did not comply with the one-month term for appealing the…
Subject of Dispute: Recalculation of pension for a person affected by the Chornobyl disaster, to the level of 6 minimum old-age pensions.
Main Arguments of the Court: The Supreme Court established that legislative changes in 2021 effectively reduced social guarantees for those affected by the Chornobyl disaster, contrary to the Constitutional Court's decision. The court referred…
Subject of the Dispute: Invalidation of Power of Attorney and Apartment Purchase Agreement, from which the Property Owner Suffered.
The Court established that the purchase agreement is not concluded, as the signature on the power of attorney was forged, and the seller's identity was established based on a forged document. However, declaring the agreement invalid is…
Analysis of the Court Decision:
1. Subject of Dispute: Recovery of debt under a lease agreement and return of leased immovable property.
2. Main Arguments of the Court:
- The Defendant (LLC "DU-2019") ceased paying rent from 23.02.2022
- The contract provides the lessor's right to unilateral termination in case of debt
- The Plaintiff (JSC "Kyiv Radar Plant") sent…
Here is the translation:
1. Subject of Dispute: Recovery from JSC "Khmelnytskoblenergo" in favor of LLC "Land Management Company "Privat" of payment under the service agreement in the amount of 7,147,231.86 UAH.
2. Main Court Arguments:
- The agreement is a service agreement, not a contract of work
- Expiration of the agreement term does not terminate the parties'…
Subject of Dispute: The Prosecutor's Office challenges the decision of the Lviv City Council regarding the transfer of a land plot into the ownership of the OSBB "Sriblyste" and the state registration of this right.
Main Arguments of the Court: The court concluded that the prosecutor's demands to cancel the city council's decisions and state registration…
Subject of Dispute: Termination of Criminal Proceedings Due to Expiration of Pre-Trial Investigation Timeframes.
Main Arguments of the Court:
The court clearly defined for the first time that at the stage of preparatory court hearing, the court has the right to examine procedural documents to verify the grounds for terminating criminal proceedings. In particular, the court may…
Subject of the dispute - the correctness of closing the criminal proceedings due to violation of pre-trial investigation terms.
The court's main arguments: First, the period of familiarization with pre-trial investigation materials is not included in the total investigation period. Second, only documents collected by the prosecution are considered pre-trial investigation materials. Third, the defense side…
Subject of Dispute: Criminal Case Regarding Illegal Acquisition and Storage of Psychotropic Substance PVP with Intent to Sell.
Main Arguments of the Court: The Supreme Court found that the appellate court unreasonably applied provisions for sentence mitigation without proving the defendant's genuine remorse. The court noted that the defense side essentially challenged the qualification of actions…
Subject of Dispute: Return of the Statement of Claim due to Improper Execution of the Power of Attorney by an Advocate Representing the Company's Interests in the Commercial Court.
Main Arguments of the Court: First, the advocate's power of attorney dated 01.07.2021 does not comply with the requirements of the Power of Attorney Regulations effective after…
The essence of the decision:
The European Court of Human Rights ruled on cases brought by same-sex couples against Poland regarding the lack of legal recognition of their relationships. The Court found that Poland violated Article 8 of the Convention by failing to provide a legal framework for recognition and protection of same-sex unions. The cases…
Essence of the decision:
The European Court of Human Rights ruled on the case Snopov v. Ukraine concerning unfair conduct of proceedings in the Court of Appeal of Crimea. The case involved the quashing of the applicant's acquittal in an administrative offense case without properly informing him about the appeal proceedings. The Court found a violation…
Here's a detailed analysis of the ECHR decision in I.C. v. Republic of Moldova:
1. Essence of the decision in 3-5 sentences:
- The case concerns Moldova's failure to protect an intellectually disabled woman from trafficking and servitude after her removal from State care and placement with a family on a farm through a "deinstitutionalization" procedure.…
Here is the translation:
1. Subject of Dispute: Prosecutor's claim to compel the owner to restore a destroyed local architectural monument in Odesa.
2. Key Court Arguments:
- The Law of Ukraine "On Protection of Cultural Heritage" clearly defines that the cultural heritage protection authority has the right only to file a claim for the purchase of the…
Here is the translation:
1. Subject of Dispute: Invalidation of the investment agreement dated January 12, 2010 between PERSON_1, PERSON_3, and PERSON_2 regarding the reconstruction of a dormitory premises.
2. Main Arguments of the Court:
- The court drew attention to the possibility of qualifying the agreement as fraudulent, meaning it was concluded with the purpose of evading…
Subject of Dispute: Legality of the territorial body of the State Judicial Administration of Ukraine applying a special type of subsistence minimum of 2,102.00 UAH instead of the general subsistence minimum for able-bodied persons of 3,028.00 UAH when issuing a certificate of judicial remuneration as of 01.01.2024.
Main Arguments of the Court: The Supreme Court considers…
Subject of the Dispute: Invalidation of Additional Agreements to the Electricity Supply Contract and Recovery of Funds from LLC "Kharkivgaz Zbut" in Favor of the Education Department of the Kostiantynivka City Council.
Main Arguments of the Court: The Supreme Court considers that the appellate court unjustifiably suspended the proceedings in the case, as the respondent did…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Authority's Requirement for Payment of Unified Social Contribution by an Individual Entrepreneur.
Main Arguments of the Court: The Supreme Court established that the plaintiff had actually ceased entrepreneurial activity back in 2000, but had not officially completed all legislative procedures for terminating entrepreneur status. The Court…