Subject of Dispute: Recognition of a Will as Invalid, Allegedly Not Signed by the Testator.
Main Arguments of the Court:
1. The will is void, not voidable, as the expert examination proved that the signature on the will does not belong to the testator.
2. The absence of the testator's signature automatically renders the will void in accordance…
Subject of Dispute: Cassation Appeal of a Verdict Regarding a Person Accused of Illegal Drug Trafficking.
Main Arguments of the Court: The Supreme Court established that the appellate court approached the case formally, without properly verifying the defense's arguments about possible procedural violations, particularly regarding evidence collection and potential pressure on the accused. The court emphasized…
Subject of Dispute: Synogydro Corporation Limited challenges the actions of the state executor who returned court orders without accepting them for execution due to the liquidation of Bank "Sich".
Main Arguments of the Court: The Supreme Court supported the position of the appellate court that the Company has not exhausted all possibilities for obtaining funds in…
Subject of Dispute: Invalidation of Electronic Auction and Reclamation of Non-Residential Basement Premises Sold at Forced Auction for Credit Debt.
Main Court Arguments:
1. Electronic auction took place on the basis of a valid court decision on credit debt recovery at that time.
2. The fact that this court decision was subsequently cancelled cannot automatically lead to invalidation…
Here is the translation:
1. Subject of Dispute: Reinstatement of an elementary school teacher who was dismissed after the expiration of a fixed-term employment contract.
2. Main Arguments of the Court:
- By the Constitutional Court's decision, the paragraph on fixed-term contracts for teachers of retirement age was declared unconstitutional
- After this decision, the employer was obliged to…
Subject of Dispute: Challenging the Actions of a Private Executor Regarding the Seizure of Property of JSC "Volyn Gas" in Enforcement Proceedings.
Main Arguments of the Court:
1. The private executor did not have the right to open enforcement proceedings and perform enforcement actions, as the state's share in the authorized capital of JSC "Volyn Gas" exceeds…
Here is the translation of the court decision analysis:
Subject of Dispute: Renewal of a land lease agreement between LLC "Mineral Water Plant 'Malomydska'" and Kostopil City Council.
Main Arguments of the Court:
1. The Supreme Court thoroughly analyzed changes in legislation regarding the procedure for renewing land lease agreements, particularly changes introduced by Law No. 340-IX.
2. The…
Subject of the Dispute: Prosecutor's appeal against a court decision on releasing a person from serving a suspended sentence for evading conscription during mobilization.
Main Arguments of the Court: The Supreme Court supported the decisions of previous instances, considering that the suspension of punishment is justified by several factors - the person works at critical infrastructure…
Subject of Dispute: Claiming Non-Residential Premises That Were Illegally Privatized and Alienated in Favor of the Territorial Community.
Main Arguments of the Court:
1. It has been established that the Kharkiv City Council illegally chose a method of privatization of non-residential premises through purchase by the tenant without making any integral improvements.
2. The change of premises status…
Subject of the Dispute: Claim for damages caused by illegal actions of pre-trial investigation bodies, prosecutor's office, in the amount of 2,040,000 UAH.
Main Arguments of the Court: The Supreme Court established that the plaintiff's previous case No. 415/7800/18 in the Lysychansk City Court was not completed due to military actions and complete destruction of the…
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…