Subject of the Dispute: A serviceman demands recalculation and payment of a one-time monetary assistance upon dismissal and compensation for unused additional leave.
Main Arguments of the Court: The Supreme Court established that for legal relations arising before 19.07.2022, the previous version of Article 233 of the Labor Code of Ukraine applies, which does not limit…
Subject of Dispute: Recognition as Unlawful and Cancellation of the Controlling Body's Requirement for Payment of Unified Social Contribution by an Individual Entrepreneur Who is Not Actually Conducting Entrepreneurial Activity.
Main Court Arguments: The Supreme Court established that the entrepreneur's certificate was declared invalid in 2013 due to non-submission of a registration card for inclusion of…
Subject of the dispute: Recovery of monetary funds in the amount of 95,900 US dollars, which were allegedly provided under a loan agreement.
Main arguments of the court: The court established that the receipts for receiving money do not contain a clear obligation to return the funds, but are actually documents about the transfer of corporate…
Subject of Dispute: Recognition as Unlawful and Cancellation of Tax Notifications-Decisions Issued by the Main Directorate of the State Tax Service in Kyiv Oblast Regarding LLC "Rompas" Following the Results of an Unscheduled On-Site Documentary Inspection.
Main Arguments of the Court:
1. The court established the validity of economic transactions between LLC "Rompas" and LLC "Torenia", as…
Subject of the Dispute: Calculation and Payment of Indexation of Monetary Allowance to a Military Serviceman for the Period from January 2016 to March 2018.
Main Arguments of the Court: The Supreme Court established that at the time of the emergence of disputed legal relations, Article 233 of the Labor Code of Ukraine allowed an employee…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging tax notifications-decisions issued by the controlling authority regarding an individual entrepreneur in connection with violations during a documentary inspection.
2. Main Arguments of the Court:
The court did not accept the entrepreneur's arguments about the impossibility of providing documents due to occupation of territories. It…
Subject of Dispute: Claim for Release from Mortgage Loan Repayment Obligation in the City of Mariupol, Located in a Temporarily Occupied Territory.
Main Arguments of the Court:
1. The court established that the plaintiff entered into a loan agreement in 2020, and in March 2022, his apartment was destroyed during hostilities in Mariupol.
2. The Supreme Court clearly…
Subject of the Dispute: Claiming a Lexus LX 570 from a Bona Fide Acquirer and Recognition of Ownership Rights.
Main Arguments of the Court: The Supreme Court deviated from previous practice and established that if the owner voluntarily transferred the vehicle to another person (in this case, PERSON_1 transferred the car to PERSON_3), such a vehicle…
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1. Subject of Dispute: Recognition of Employee Dismissal as Illegal and Recovery of Average Earnings for the Period of Forced Absence
2. Key Court Arguments:
- The employer did not prove the systematic nature of labor discipline violations by the employee
- The dismissal order did not contain clear substantiations of the disciplinary misconduct
- The…
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Subject of Dispute: Recognition of Invalidity of an Apartment Donation Agreement from Father to Minor Son.
Main Arguments of the Court:
1. The donation agreement is fraudulent (concluded to the detriment of creditors), as it was entered into to avoid seizure of the debtor's property.
2. The court established that the father donated the apartment…
Subject of Dispute: Invalidation of Assignment of Claims under Credit and Mortgage Agreements between Individuals and the Company.
Main Court Arguments:
1. The court deviated from previous practice and established that assignment of claims under a credit agreement may occur not only in favor of financial institutions.
2. In this case, the bank "Porto-Franco" was in the liquidation…
Subject of the Dispute: Establishment of Paternity and Recognition of Inheritance Rights for a Person Whom the Plaintiff Considers to Be His Biological Father.
Main Arguments of the Court: The court was guided by the norms of the Marriage and Family Code of Ukraine, noting that in the birth certificate, the plaintiff's father is listed as…
Subject of Dispute: Determination of an Additional Period for Submitting an Inheritance Acceptance Application after Missing the Statutory Six-Month Term.
Main Arguments of the Court:
1. The court thoroughly analyzed the reasons for missing the term for inheritance acceptance and concluded that being abroad and quarantine restrictions are not objective and insurmountable obstacles.
2. The plaintiff had alternative…
Analysis of the Court Decision:
1. Subject of Dispute: Challenging the actions of a state executor regarding the calculation of alimony debt through currency conversion to euros.
2. Main Arguments of the Court:
- Currency conversion must be carried out at the official exchange rate of the National Bank of Ukraine on the day of payment in favor…
Here is the translation:
1. Subject of Dispute: Removal of Minor Children from Mother without Termination of Parental Rights.
2. Main Arguments of the Court:
The court established that despite the presence of a conflict situation in the family and the mother's aggressive behavior, there are no indisputable evidence of systematic neglect of parental duties. It was…
Subject of Dispute: Invalidation of the Apartment Purchase and Sale Agreement and Cancellation of Property Ownership Registration.
Main Arguments of the Court:
The court deviates from previous practice and indicates that a representative may act in the interests of heirs even after the principal's death, if this is related to urgent matters or prevention of damages. In…
The case concerns the appeal of a tax notification-decision on imposing a fine for late registration of tax invoices.
Key arguments of the court:
1. During the martial law and quarantine period, special rules for tax invoice registration were provided. In particular, a moratorium on penalties was in effect from March 1, 2020, to May 26, 2022.
2.…
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Here is a brief analysis of the court decision:
1. Subject of the dispute: The prosecutor filed a lawsuit to compel Vocational Technical School No. 88 to bring the civil defense protective structure into a state of readiness.
2. Main arguments of the court:
The Supreme Court formed a fundamental legal…
Subject of Dispute: A Serviceman's Right to Compensation for Loss of Income Due to Violation of Indexation Payment Terms for Monetary Allowance.
Main Arguments of the Court:
1. Indexation and compensation funds are a component of wages with a compensatory nature, aimed at maintaining the employee's real income level.
2. The court deviates from previous practice and considers…
Analysis of the Court Decision:
1. Subject of Dispute: Challenging the accrual of penalties for violation of settlement terms in foreign currency during the quarantine period.
2. Main Arguments of the Court:
The Supreme Court deviated from its previous legal position and indicated that penalties for currency transactions during quarantine are calculated on general grounds. The court argued…