This judgment in the case of *Ubeda and Others v. Italy* (application no. 9993/24) concerns the failure of Italian authorities to protect a mother and her two minor children from domestic and sexual violence. The Court found that the state failed to conduct a prompt and effective criminal investigation, which was marred by sexist stereotypes…
This judgment concerns a tragic case of medical negligence in the Republic of Moldova, where a young boy suffered severe neurological damage and permanent paralysis following a dental procedure under general anaesthesia, eventually leading to his death. The applicants, the boy’s mother and the boy himself, alleged that the medical staff acted negligently and that…
This judgment, *A.P. and R.P. v. Poland* (application no. 1298/19), concerns the refusal of Polish authorities to transcribe a foreign birth certificate of a child born to a same-sex couple. The applicants, a Polish mother and her son, challenged the refusal to register the child’s birth certificate, which listed two women as parents, arguing it…
The following is a detailed analysis of the court decision, prepared from a professional perspective:
1. The subject of the dispute is the lawfulness of the return of an appellate complaint filed by a probation authority against a local court ruling, by which a motion to cancel the exemption of a convicted person from serving a…
1. **Subject matter of the dispute:** The dispute concerned the lawfulness of the accrual of rent for the use of municipal property in the city of Kherson during 2023 and the existence of grounds for exempting the lessee from such payments based on Resolution of the Cabinet of Ministers of Ukraine No. 634.
2. **Main arguments…
1. **Subject matter of the dispute:** Challenging the results of an auction for the sale of a debtor's property, invalidating a certificate of title, and recovery of an apartment that was sold within the framework of bankruptcy proceedings, which were subsequently terminated as having been initiated without grounds.
2. **Court arguments:** The Supreme Court emphasized that…
Here is a detailed analysis of the court judgment in case No. 404/193/22:
1. The subject matter of the dispute is the foreclosure on a mortgaged property (an apartment) to satisfy a debt under a loan agreement concluded in foreign currency.
2. In rendering its decision, the Supreme Court held that the lower courts had erroneously equated…
Greetings. As a lawyer with many years of experience, I have analyzed the court decision you provided. Here is a detailed breakdown:
1. **Subject of the dispute:** The prosecutor filed a lawsuit with the court to invalidate a public procurement contract and to recover the funds received under this contract for the benefit of the state…
The following is a detailed analysis of the court decision in case No. 922/3736/24:
1. The subject of the dispute is the recovery of funds overpaid to an electric energy producer under the "feed-in tariff" due to the absence of actual electricity supply to the Unified Energy System of Ukraine resulting from the location of the…
Greetings. As a lawyer with 15 years of experience, I have analyzed the court decision you provided. Here is a detailed analysis:
1. **Subject of the Dispute:** Reclamation of a land plot from another’s illegal possession and cancellation of the state registration entry of the lease right concluded between other persons.
2. **Court Arguments:**
-…
**1. Subject of the Dispute:**
The subject of the dispute is the invalidation of real estate gift agreements concluded between the debtor and a third party as fraudulent (concluded to the detriment of a creditor), and the cancellation of the corresponding registration actions.
**2. Court's Arguments:**
* The Court, referring to the position of the Grand…
1. **Subject of the dispute:** Challenging the dismissal of a prosecutor from office based on Clause 9 of Part 1 of Article 51 of the Law of Ukraine "On the Prosecutor's Office" in connection with the liquidation of a structural unit and failure to submit an application for transfer to the Office of the Prosecutor…
Here is the detailed analysis of the court decision, prepared in accordance with your request:
1. **Subject matter of the dispute:** Recovery of debt under a loan agreement and fulfillment of obligations under a suretyship agreement.
2. **Key arguments of the court:**
- The court emphasized that a loan agreement is a real contract; therefore,…
Here is the detailed analysis of the court decision prepared for your interview:
1. **Subject of the Dispute:** Challenging the refusal of the courts of lower instances to reinstate the time limit for filing a lawsuit regarding the recalculation and payment of monetary support to a military serviceman for the period from July 19, 2022, to…
Here is a detailed analysis of the court decision, prepared from a professional perspective:
1. **Subject Matter of the Dispute:** A claim by landowners for the return of land and the cancellation of the state registration of lease rights, effected on the basis of agreements that the plaintiffs did not sign.
2. **Court’s Reasoning:** The Supreme Court…
1. **Subject matter of the dispute:** Cassation review of the legality of the appellate court judgment, which had revoked the exemption from serving a sentence for a person convicted of disseminating information about the location of Armed Forces of Ukraine (AFU) units (Territorial Recruitment and Social Support Centers – TRSSC) in a Telegram community.
2. **Court's…
1. **Subject Matter of the Dispute:** The subject matter of the dispute is the invalidation of an agreement on the assignment of rights of claim under credit agreements and a commission agreement concluded during the liquidation of a bank.
2. **Arguments of the Court:**
* The Court emphasized that for an appeal to be…
1. **Subject of the dispute:** The prosecutor filed a lawsuit with the court to invalidate construction contracts concluded between a village council and a private company and to recover the funds received thereunder for the state’s benefit due to a conflict of interest on the part of the village head.
2. **Court arguments:**
-…
Here is a detailed analysis of the court decision prepared for your interview:
1. The subject of the dispute is the legality of returning an appeal filed by a probation authority against a local court ruling, which denied a motion to cancel the exemption of a convicted person from serving a sentence with probation.
2. In its…
The subject of this dispute is the lawfulness of the return of an appellate complaint filed by a probation agency against a ruling of a court of first instance, by which a motion to cancel a convicted person's exemption from serving a sentence on probation was denied.
**** In this case, the Supreme Court confirmed that…