Subject of Dispute: Recognition of Supplementary Agreement No. 5 dated 03.06.2024 to the Individual Natural Gas Purchase and Sale Contract.
Main Arguments of the Court:
The Supreme Court considers that the bank's prohibition to make payments under bank guarantees is not directly related to the subject of the claim, violates the rights of the bank and the…
Subject of Dispute: Invalidation of the Contract for Biological Cleaning of the Inlet Canal and Water Body Release.
Main Court Arguments:
The court established that the contract is a simulated transaction that actually conceals the transfer of a land plot with a water body for fishery purposes. The Kilia Interdistrict Water Management Department did not have the…
Here is the translation of the legal text summary:
1. Subject of Dispute: Recovery of debt for completed construction and installation works and accrual of 3% per annum and inflationary losses.
2. Main Court Arguments:
- Plaintiff fully completed works for the amount of 17,447,636.11 UAH
- Defendant partially paid 12,276,410.67 UAH
- Contract terms stipulate that payment depends on…
This judgment concerns the interpretation of Directive 2008/48/EC on consumer credit agreements. Here is the detailed analysis:
1. Essence of the act in 3-5 sentences:
The judgment addresses three key questions regarding consumer credit agreements under EU law: 1) whether overstating the annual percentage rate of charge (APRC) due to unfair terms constitutes a violation of information…
This Commission Delegated Regulation establishes a standardized template for cooperation arrangements between EU Member States' competent authorities and third-country supervisory authorities regarding crypto-assets markets. It supplements the main Regulation 2023/1114 on markets in crypto-assets by providing detailed guidelines for information exchange and enforcement cooperation.
The act consists of three main articles and an extensive annex. Article…
Subject of Dispute: Challenging the Order of Dismissal of a Military Serviceman from a Position and Placing Him at the Disposal of the Brigade Commander.
Main Arguments of the Court:
1. Under martial law, the command has the right to relocate military servicemen without their consent to complete the Armed Forces.
2. The relocation plan and change in…
Here is the translation:
1. Subject of Dispute: Dnipro City Council demanded termination of ownership rights and release of unauthorized occupied land by demolishing the "August" restaurant premises.
2. Main Court Arguments: The Supreme Court pointed to the need for thorough verification of case circumstances, specifically:
- whether construction/reconstruction was unauthorized;
- whether construction rules were observed;
- whether construction…
Here is the translation:
1. Subject of Dispute: Recognition of invalidity of the contract for reconstruction of a barracks into a multi-apartment residential building, concluded between the Podilskyi Capital Construction Management of the Ministry of Defense of Ukraine and PE "QAD".
2. Main Arguments of the Court: - The contract has characteristics of a joint activity agreement,…
The case concerns criminal proceedings for intentional grievous bodily harm that caused the victim's death. The court thoroughly analyzed the grounds for applying Article 69 of the Criminal Code of Ukraine (imposing a milder punishment) and concluded that the appellate court improperly substantiated the reduction of punishment, especially considering the irreparable consequences in the form…
Subject of Dispute: Cassation Appeal of a Sentence Regarding a Person Who Committed Theft by Breaking into Premises and Threatened Police Officers during Detention.
Main Arguments of the Court: First, the court recognized that a threat to police officers during the performance of their official duties is a completed crime, regardless of their recognition as victims.…
Here is the translation:
1. Subject of Dispute: Challenging the NCEPU resolution on imposing a fine and order to eliminate violations of license conditions for PJSC "Cherkasy Khimvolokno".
2. Main Court Arguments:
- NCEPU does not have the authority to establish accounting rules
- NCEPU Resolution dated 17.01.2023 No. 102 is not an act changing accounting standards
- Order on…
Here is the translation of the legal text analysis:
1. Subject of Dispute: Challenging the decision of the Dnipro City Council on approving the land management project regarding the establishment of boundaries of the water object "expanded water area of HPK Moskovskyi".
2. Main Arguments of the Court:
- The concept of "expanded water area of HPK" is…
Subject of Dispute: Qualification of Actions of a Person Who Committed Thefts in Summer Houses Totaling No More Than 2 Non-Taxable Minimum Incomes of Citizens.
Main Arguments of the Court: The Supreme Court indicated that the appellate court incorrectly closed the criminal proceedings, since the act was committed with penetration into premises, which provides grounds to…
Here is the translation:
Brief Analysis of the Court Decision:
1. Subject of Dispute: Challenging the orders of dismissing police officer PERSON_1 from service due to committing a disciplinary offense.
2. Main Court Arguments: The court deviated from previous practice, which previously provided a more lenient approach to service investigations.
- The disciplinary offense consisted of the plaintiff:
a) unjustifiably…
Here is the translation:
Brief Analysis of the Court Decision:
1. Subject of Dispute: Dispute regarding the legitimacy of charging a fee for electricity transmission during its export.
2. Main Arguments of the Court:
- The court noted that the disputed legal relations arose after amendments to the Transmission System Code, which provided for the mandatory payment of transmission…
Subject of the Dispute: The Prosecutor Attempts to Invalidate the State Certificate for a Forest Fund Land Plot and Reclaim It for State Ownership.
Main Court Arguments:
1. The Court established that the land plot was illegally withdrawn from state ownership as a result of criminal actions by local council officials in 2003.
2. The Court deviated from…
Subject of Dispute: Invalidation of an Additional Agreement to a Supply Contract for Crushed Stone and Sand Mixture and Recovery of Excess Budgetary Funds.
Main Arguments of the Court: The Supreme Court considers that the previous judicial instances did not properly investigate the circumstances of the case. Firstly, the expert opinion on price fluctuations has significant…
This Commission Delegated Regulation establishes a standardized template for cooperation arrangements between EU Member States' competent authorities and third-country supervisory authorities regarding crypto-assets markets. The regulation supplements the main Regulation 2023/1114 on markets in crypto-assets by providing detailed guidelines for information exchange and enforcement cooperation.The structure of the act consists of three main articles and…
The judgment concerns the prosecution of media organizations and individuals in Russia for expressing views critical of Russia's military actions in Ukraine or disseminating information that diverged from official accounts. The Court examined 161 applications from media outlets and individuals who faced various forms of sanctions, including fines, detention, and closure of media organizations, for…
This Regulation imposes definitive anti-dumping duties on imports of biodiesel originating from China. The duties range from 10% to 35.6% depending on the exporting producer.The Regulation follows a complaint lodged by the European Biodiesel Board in November 2023 and provisional measures imposed in August 2024. The investigation found evidence of dumping by Chinese producers causing…