Subject of Dispute: Invalidation of a Unilateral Legal Transaction - Statement of Set-off of Counterclaim Homogeneous Requirements.
Main Arguments of the Court:
1. In case No. 638/16545/20, the fact of the loan repayment due date for PERSON_2 before LLC "Lutsk Agrarian Company" was already established.
2. The supplementary agreement dated 26.12.2019 on extending the loan repayment period until…
Subject of the dispute: Recognition of the unlawful inaction of an individual entrepreneur regarding the failure to prepare a civil protection shelter.
Main arguments of the court:
1. The State Emergency Service and local self-government bodies do not have legally defined powers to independently file a lawsuit about bringing the protective structure into proper condition.
2. The prosecutor…
Essence of the decision:
The European Court of Human Rights (ECHR) ruled in favor of Ukrainian citizen Spektor who complained about denial of access to a higher court. The Court found that Ukraine violated Article 6 § 1 of the Convention by rejecting the applicant's appeal on overly formalistic grounds. The Court awarded EUR 1,500 in…
Essence of the decision:
The European Court of Human Rights (ECHR) ruled on 11 combined applications against Ukraine concerning inadequate detention conditions and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions in various Ukrainian detention facilities. The applicants were awarded compensation ranging from 1,700…
Essence of the decision:
The European Court of Human Rights (ECHR) examined seven joined applications against Ukraine concerning excessive length of criminal proceedings. The Court found violations of Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention due to unreasonably long criminal proceedings and lack…
Essence of the decision (3-5 sentences):
The case concerns the violation of legal certainty and property rights in Ukraine when a final court judgment from 2012 granting land ownership rights to the applicant was later quashed following an appeal by a third party who acquired the land after the judgment. The European Court of Human Rights…
Essence of the decision:
The European Court of Human Rights (ECHR) examined five joined applications against Ukraine concerning excessive length of civil proceedings and lack of effective remedies. The Court found violations of Article 6 § 1 and Article 13 of the Convention in all cases, where proceedings lasted between 5 and 9 years, which was…
Essence of the decision:
The European Court of Human Rights (ECHR) examined four joined cases against Ukraine concerning unreasonably long pre-trial detention periods. The Court found violations of Article 5 § 3 of the Convention in all cases, where detention periods ranged from 1.5 to over 5.5 years. The Court awarded compensation to the applicants ranging…
Essence of the decision:
The European Court of Human Rights (ECHR) ruled in the case of Berezhna v. Ukraine concerning unlawful detention of the applicant. The Court found violations of Article 5 § 1 of the Convention regarding the unacknowledged deprivation of liberty and delay in drawing up an arrest report. The case also involved issues…
Essence of the decision:
The European Court of Human Rights (ECHR) examined six joint applications against Ukraine concerning inadequate detention conditions and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions and absence of effective domestic remedies. The applicants were awarded compensation ranging from 5,000…
(as the case concerns Ukraine)
1. Essence of the decision in 3-5 sentences:
The case concerns the unlawful detention of 12 Ukrainian protesters for 2-3 hours at a police station following their participation in a demonstration against the use of animals in circus acts. The Court found violations of Article 5 § 1 (right to liberty) due…
Subject of Dispute: Recovery of Penalty from LLC "Kyivrianta" for Late Submission of Net Income Certificates under the Lease Agreement for Premises at Boryspil Airport.
Main Court Arguments:
1. The Defendant did not provide properly executed net income certificates for the period from March 2022 to September 2023, which constitutes a breach of contract terms.
2. The Court…
Subject of Dispute: Recovery of Debt for Electricity Transmission Services from LLC "Kramatorskteploenergo" in Favor of PJSC "NEC "Ukrenergo".
Main Arguments of the Court: The Supreme Court established that the previous courts incorrectly applied Article 254 of the Civil Code of Ukraine to contractual legal relations, as the parties independently determined the terms of performance of…
Subject of Dispute: Determination of the Minimum Value of Stolen Property Triggering Criminal Liability for Theft.
Main Arguments of the Court: The Supreme Court established that when determining criminal liability for theft, it is necessary to consider the amount of the non-taxable minimum income of citizens at the time of the offense. In this case, as…
Here is the translation:
1. Subject of Dispute: Criminal Case of Robbery, Theft, and Possession of Narcotic Substances Committed by PERSON_8 and PERSON_9.
2. Main Arguments of the Court:
- The court established that PERSON_8 and PERSON_9 committed a robbery against PERSON_11 and PERSON_12, during which they threatened with a knife and seized property from the victims totaling…
Here is the translation:
1. Subject of Dispute: Lawsuit for eviction of a blood uncle from an apartment inherited by a nephew.
2. Main Arguments of the Court:
- PERSON_2 has a long-standing connection with the apartment since 2003 and is a former family member of the previous owner
- Eviction would violate the right to respect for housing…
Subject of Dispute: Challenging the Refusal of a Private Notary to Issue a Certificate of Inheritance under a Will.
Main Arguments of the Court:
1. The will was certified by the village elder who, at the time of certification, had powers from the city council, despite the fact that the decision on her authorization was later partially…
Here is the translation:
Subject of Dispute: A serviceman challenges the inaction of the military unit regarding non-payment and improper calculation of monetary compensation for the period of service.
Main Arguments of the Court:
1. The court deviated from the previous practice of determining the term for appealing to the court, indicating that the term should be calculated…
Subject of the Dispute: Recognition of the Pension Fund's Inaction as Unlawful Regarding Non-Accrual of Pension Increase for a Minor Affected by the Chornobyl Catastrophe.
Main Arguments of the Court: The Supreme Court deviated from previous practice and recognized that minor children receiving a survivor's pension are non-working pensioners. The Court referred to the Constitutional Court's…
Subject of the Dispute: Claim by PERSON_1 against the Main Directorate of the Pension Fund of Ukraine in Dnipropetrovsk Oblast regarding challenging actions related to sick leave calculation and obligation to make monetary payments.
Main Court Arguments: The Supreme Court established that the courts of previous instances incorrectly applied procedural norms by returning the statement of…