Subject of Dispute: Invalidation of the Apartment Sale and Purchase Agreement and Cancellation of Registration Actions Performed During the Process of Foreclosure on the Mortgaged Property.
Main Arguments of the Court:
1. The mortgage agreement contained a provision on the possibility of the mortgagee acquiring ownership of the mortgaged property in case of the debtor's failure to…
Subject of Dispute: Recovery of Debt under the Electricity Transmission Services Agreement and Accrual of Inflation Losses and 3% Per Annum.
Main Court Arguments:
The court established that the rules on exemption from liability due to force majeure do not extend to accessory monetary obligations, specifically the accrual of inflation losses and 3% per annum. Force majeure…
Subject of Dispute: Invalidation of the Kyiv Regional Council's Decision on Assigning Hunting Grounds to LLC "Zeleny Hay Farm" and Related Agreements.
Main Arguments of the Court:
1. The Supreme Court pointed out the necessity of clearly establishing the boundaries of hunting grounds and obtaining approvals from all landowners whose land parcels are included in these grounds.
2.…
Subject of Dispute: Cancellation of the Decision on State Registration of Ownership Rights to an Unfinished Construction Object.
Main Arguments of the Court:
1. The plaintiff had previously attempted to challenge the same registrar's decision in case No. 910/13709/21, where they were denied, and this decision has entered into legal force.
2. The court considers that repeated filing…
The act establishes new rules for checking plants, plant products, and other objects entering the European Union through border control posts. It modifies the frequency rates for identity and physical checks of various agricultural products, focusing on specific categories like cut flowers, fruits, vegetables, and used machinery from different countries of origin. The regulation aims…
The essence of the act in 3-5 sentences:
This Regulation amends the EU rules regarding the lists of third countries authorized to export certain fishery products and food-producing animals to the EU. It updates the lists of countries that have approved control plans for monitoring pharmacologically active substances, pesticides and contaminants in food products. The act…
Subject of Dispute: Issuance of a Duplicate Writ of Execution for a Credit Agreement, which the Bank Considers Lost.
Main Arguments of the Court:
1. The executive document was indeed lost during postal transmission, as evidenced by official documents from the state executive service.
2. The time limit for presenting the executive document has not been missed due…
Subject of the Dispute: Challenging the Illegality of Actions by the Department of Urban Development and Land Relations of the Zhytomyr City Council in Reviewing a Land Plot Allocation Petition and Compensation for Moral Damage.
Main Court Arguments: The Court established that the dispute has a public law nature, as it concerns the actions of a…
Subject of Dispute: Invalidation of a Road Repair Services Procurement Contract Concluded between the Infrastructure Restoration and Development Service in Zhytomyr Oblast and Integral Systems LLC.
Main Court Arguments:
1. The court established that prohibiting contract performance during judicial review violates the principle of presumption of legal validity of a transaction and contractual obligation.
2. Implementing interim measures…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of Inheritance as Abandoned and Claiming an Apartment from a Bona Fide Acquirer in Favor of the Territorial Community.
2. Main Arguments of the Court:
The Supreme Court referred to the previous legal position of the Grand Chamber, which states that when alienating inherited…
Subject of Dispute: Division of Marital Property, including a vehicle, land plots, and a share in the authorized capital of a limited liability company.
Main Arguments of the Court:
1. Property acquired by the spouses during the marriage is presumed to be joint common property, regardless of whose name it is registered in.
2. The court deviated from…
Here is the translation:
1. Subject of Dispute: Return of water fund land plots located in the coastal protection zone of the Dnipro River from a private company to communal ownership.
2. Main Court Arguments:
The court changed its previous legal position regarding land plots. Key arguments:
- Land plots are located in the coastal protection zone of the…
Subject of Dispute: Recognition of Pledge Right and Obligation to Take Actions Regarding Corporate Rights in the Authorized Capital of LLC "Borivazh".
Main Arguments of the Court:
1. The court emphasized that interim measures cannot be challenged on grounds of jurisdiction violation separately from the decision on the merits of the case.
2. When deciding on interim measures,…
Here is the translation:
Subject of Dispute: Recognition of the Order as Invalid Regarding the Transfer of Land Plots to Communal Ownership, Partially Located within the Border Strip.
Key Arguments of the Court:
1. Land plots located within the border strip are automatically classified as defense lands, which can only be in state ownership.
2. The Supreme Court deviated…
Subject of Dispute: Challenging the Illegality of the Village Council's Decision on Land Plot Lease Transfer and Claiming these Land Plots from the New Lessee.
Main Court Arguments:
1. The land share lease agreement dated 13.10.2015 is valid until 19.02.2028 and is properly registered.
2. Change in the land plot status does not terminate the original lease agreement.
3.…
Subject of the Dispute: Return of the House of Culture to the Communal Ownership of the Khmelnytskyi City Council, which previously belonged to the Collective Agricultural Enterprise.
Main Arguments of the Court:
The court recognized that the allocation is a form of enterprise reorganization, contrary to previous court decisions. The House of Culture, as a social infrastructure…
Here is the translation of the legal analysis:
1. Subject of Dispute: Termination of the land lease agreement for a plot of 2.12 hectares and its return to the owner due to non-use for its intended purpose.
2. Main Arguments of the Court: The Supreme Court indicated that the courts of previous instances incorrectly assessed the grounds…
Here is the translation of the legal analysis:
1. Subject of Dispute: The Prosecutor's Office attempted to secure a claim to declare invalid a service procurement contract between the Department of Improvement and LLC "Avtomahistral 2016" by prohibiting any actions under this contract.
2. Key Court Arguments: The Supreme Court deviated from previous practice and indicated that…
Subject of Dispute: Recovery of Damages from a Private Entrepreneur Caused to the State as a Result of Tax Evasion in the Amount of 2,418,353 Hryvnias.
Main Arguments of the Court:
1. By the criminal court's verdict, PERSON_1 was found guilty of tax evasion, which is a crime with a material composition.
2. The amount of unpaid taxes…
Here is the translation:
1. Subject of Dispute: Claiming a land plot with an area of 2.2606 hectares with cadastral number 6820681500:05:005:0021 from state ownership in favor of the Vinkivtsi Settlement Council.
2. Main Arguments of the Court:
The Supreme Court indicated that the regional council's decision from 04.04.2001 on granting a land plot to a forestry…