Subject of Dispute: A Utility Enterprise Challenges the Legitimacy of Penalty Accrual for Late Registration of Tax Invoices during Various Periods of Martial Law.
Main Arguments of the Court:
1. The court established that the enterprise indeed violated the terms of tax invoice registration.
2. The court clearly defined that penalties for invoices compiled before January 16, 2023,…
Subject of Dispute: Claiming Back an Apartment from a Bona Fide Acquirer in a Case of Foreclosure on a Mortgage Object.
Main Arguments of the Court:
1. The court established that the mortgagee complied with all necessary procedures for out-of-court foreclosure on the mortgage object: sent a demand to remedy violations, conducted a property valuation, and acquired…
Subject of the dispute: Cancellation of the bank's state registration of property ownership for an apartment that was transferred as a mortgage under a loan agreement in foreign currency.
Main arguments of the court:
1. The bank did not comply with the procedure for notifying the plaintiff about the breach of obligations, which makes it impossible to…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging a tax notification-decision on imposing a penalty for late registration of tax invoices in 2022.
2. Main Arguments of the Court:
- Tax invoices were registered with violation of terms (in July-August 2022)
- The court clearly determined that new "wartime" norms on reduced penalties (paragraphs…
Here is the translation of the legal text summary:
1. Subject of Dispute: Recovery of penalty for late fulfillment of monetary obligation under a credit agreement and compensation for moral damages.
2. Main Arguments of the Court:
- The creditor's right to accrue interest under the credit agreement terminates after the end of the loan term or upon…
Here is the translation:
Subject of Dispute: Challenging a Заочне рішення суду (default court judgment) on debt recovery under a credit agreement.
Main Arguments of the Court:
1. The Appellate Court incorrectly determined the term for appellate appeal, mistakenly believing it to be 10 days.
2. According to current procedural legislation, the term for appellate appeal is 30 days.
3.…
Here is the translation:
Subject of Dispute: Recognition of Bank Guarantee as Non-Enforceable and Termination of Bank's Obligations under the Guarantee.
Key Court Arguments:
1. The Bank (guarantor) does not have the right to assess the presence or absence of the principal's obligation, but is obligated to pay under the guarantee if the claim corresponds to the guarantee…
Subject of Dispute: Termination of a Land Lease Agreement and Demolition of an Unauthorized Construction on a Land Plot in the City of Berdychiv, Located in the Archaeological Cultural Layer Protection Zone.
Main Court Arguments: The Supreme Court considers that previous judicial instances incorrectly evaluated the evidence and circumstances of the case. Firstly, the courts did…
Subject of Dispute: Invalidation of an Additional Agreement to the Lease Agreement for an Educational Institution Premises.
Main Arguments of the Court:
1. The Supreme Court established that the conditions of the additional agreement violate part four of Article 80 of the Law of Ukraine "On Education", which prohibits the use of state educational institutions' property for…
Here is the translation:
1. Subject of Dispute: Termination of a land lease agreement in connection with the alienation of real estate located on the leased land plot.
2. Main Arguments of the Court:
The Supreme Court deviated from previous judicial practice and indicated that when ownership of real estate located on a leased land plot is…
Here is the translation:
1. Subject of Dispute: Challenging the Ruling on Recognition of Creditors' Claims in Bankruptcy Case.
2. Main Arguments of the Court:
- The court clearly determined that rulings on recognition of creditors' claims in a bankruptcy case cannot be appealed separately from the court's decision.
- The appellate court erroneously refused to open proceedings, referring…
Here is the translation:
1. Subject of Dispute: Recognition of Additional Agreements to Land Lease Contracts as Concluded and Renewal of Lease Legal Relations.
2. Main Arguments of the Court:
- Non-preparation of agrochemical passports for land plots constitutes improper performance of contractual obligations
- This prevents soil condition monitoring and creates risks of soil contamination
- Such circumstances make…
Essence of the decision:
The European Court of Human Rights (ECHR) examined the case of Tymoshenko v. Ukraine concerning deficiencies in proceedings for reviewing the lawfulness of detention. The applicant's son continued the case after his father's death in August 2023. The Court found Ukraine in violation of Article 5 § 4 of the Convention due…
Essence of the decision:
The European Court of Human Rights (ECHR) examined 12 joined applications against Ukraine concerning inadequate conditions of detention and lack of effective remedies. The Court found violations of Articles 3 and 13 of the Convention in all cases, related to poor detention conditions in Kryvyi Rih Detention Facility. The Court awarded compensation…
Essence of the decision:
The European Court of Human Rights (ECHR) ruled on the case of Onishchenko v. Ukraine concerning excessively long civil proceedings in Ukrainian courts. The Court found that Ukraine violated Article 6 § 1 (right to a fair trial) and Article 13 (right to an effective remedy) of the Convention due to unreasonably…
Essence of the decision:
The European Court of Human Rights (ECHR) examined five joined applications against Ukraine concerning inadequate detention conditions in the Kyiv Pre-Trial Detention Facility. The Court found violations of Articles 3 and 13 of the Convention regarding poor detention conditions and lack of effective remedies. The applicants were awarded compensation ranging from 4,700…
Subject of Dispute: Review of a Court Decision Based on Newly Discovered Circumstances in a Case Concerning Debt Recovery under a Credit Agreement.
Main Arguments of the Court: The Supreme Court established that the district court decision of June 13, 2014, regarding the claims against PERSON_2 was not modified by the appellate court, therefore, the application…
Subject of Dispute: Invalidation of a Land Plot Sale and Purchase Agreement, which was Concluded under the Influence of Severe Life Circumstances.
Main Arguments of the Court:
1. To declare a transaction invalid under Article 233 of the Civil Code of Ukraine, a combination of conditions is necessary: the presence of a severe circumstance and the conclusion…
Here is the translation:
1. Subject of Dispute: Recognition of the order on land plot lease as illegal and recovery of a land plot located within the landscape reserve "Pryorilskyi".
2. Main Court Arguments:
- The disputed land plot belongs to the nature reserve fund lands and is located within the landscape reserve of national significance "Pryorilskyi"
- The…
Here is the translation:
Subject of Dispute: Recognition of the Dismissal of a State Enterprise Director as Illegal Due to Revocation of State Secret Clearance
Key Court Arguments:
1. The dispute regarding the dismissal of an employee under paragraph 2 of part one of Article 40 of the Labor Code of Ukraine (due to revocation of state secret…