Subject of Dispute: Recovery of 3% per annum and inflation losses for non-performance of a monetary obligation under a credit agreement. Main Arguments of the Court: 1. The court recognized that the accrual of inflation losses and 3% per annum under Article 625 of the Civil Code of Ukraine is a measure of the debtor's liability for…

Subject of Dispute: "Montransavto" Company challenges the tax service's non-acceptance of its tax invoices and refusal to register them in the Unified Register. Main Arguments of the Court: The Supreme Court established that the courts of previous instances incorrectly interpreted the law on court fees, as legal entities have the right to request deferment or reduction…

Here is the translation: 1. Subject of Dispute: Compensation for moral damages to a person who was illegally brought to administrative responsibility under a patrol police protocol. 2. Main Arguments of the Court: The Supreme Court changed previous judicial practice regarding automatic compensation for damages when an administrative case is closed. The court considers that: - The mere fact…

Subject of Dispute: The Prosecutor challenges the minutes of the meeting of the State Commission of Ukraine on Mineral Reserves and the special permit for subsoil use issued to LLC "Zemlia Invest". Main Arguments of the Court: The Supreme Court considers that a change in judicial practice regarding the prosecutor's powers is not a valid reason…

Subject of Dispute: A serviceman challenges the order of his transfer to a lower position without taking into account his military specialty. Main Arguments of the Court: The Supreme Court recognized that during a special period (martial law), military command has the right to transfer servicemen to other positions without their consent for the purpose of…

Here is the translation: 1. Subject of Dispute: Challenging disciplinary orders and dismissal of a police officer from service. 2. Main Arguments of the Court: - Legislation establishes a special 15-day period for appealing disciplinary penalties for police officers during martial law. - The plaintiff missed the established period for appealing orders by applying to the court a month…

Here is the translation: 1. Subject of Dispute: Declaring Unlawful and Cancelling the Order of the State Architectural and Construction Inspectorate Department on Cancellation of the Right to Commence Construction Works and Registration of the Declaration on Object Readiness for Operation. 2. Main Arguments of the Court: The Supreme Court considers that previous judicial instances incorrectly examined the…

Subject of Dispute: Recognition of Property Rights of PERSON_1 to the Limited Liability Company "VKF Paints of Ukraine". Main Arguments of the Court: The Supreme Court supported the position of the appellate court that a legal assistance agreement may confirm the powers of a lawyer, even if it is not directly specified in procedural legislation. The…

Here is the translation of the legal analysis: 1. Subject of Dispute: Invalidation of the emphyteusis agreement and cancellation of state registration of land use rights. 2. Main Arguments of the Court: - Emphyteusis and land lease rights cannot be simultaneously established on the same land plot. - The plaintiff (Farm Enterprise "Agat Podillia") did not send a notification…

Here is the translation: 1. Subject of Dispute: The prosecutor attempted to challenge the inaction of a municipal enterprise regarding improper maintenance of a civil protection shelter. 2. Main Arguments of the Court: - The State Emergency Service (DSNS) and local district state administration do not have direct legislative right to independently file such lawsuits - The prosecutor can…

Subject of Dispute: Recognition of Unlawful Inaction by a Municipal Enterprise Regarding Improper Maintenance of a Civil Protection Shelter in Odesa. Main Arguments of the Court: The Supreme Court established that the prosecutor does not have the right to file a lawsuit on behalf of the Main Directorate of the State Emergency Service and the Odesa Regional…

Here is the translation of the legal analysis: 1. Subject of Dispute: Recognition of the tax claim for penalties and late fees from an enterprise undergoing bankruptcy proceedings as unlawful. 2. Key Arguments of the Court: - The court clearly determined that the moratorium on satisfying creditors' claims does not extend to obligations arising after the introduction…

Here is the translation of the legal text summary: 1. Subject of Dispute: Recovery of rent debt and termination of land lease agreement between Chyhyryn City Council and LLC "Prodagroinvest". 2. Main Court Arguments: - Additional agreement to the land lease contract, signed before 01.01.2013, requires state registration - Without registration of the additional agreement, the rental rate remains…

Subject of the Dispute: Establishing the Fact of Ownership of Legal Documents for Pension Recalculation. Main Arguments of the Court: The Supreme Court considers that the case should be considered under civil proceedings in separate proceedings, as it concerns establishing a fact that has legal significance for the person's exercise of the right to a pension.…

Here is the translation: 1. Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Executing a Court Decision on Reinstating a Person to the Position of Head of the State Ecological Inspection of Ukraine. 2. Main Arguments of the Court: - The court decision on reinstatement dated September 14, 2015, was not executed by…

Here is the translation: 1. Subject of Dispute: Challenging tax notifications-decisions regarding additional tax liabilities for natural gas purchase transactions between KP "Kharkiv Heating Networks" and LLC "Ukrainian Oil and Gas Company". 2. Main Arguments of the Court: - Primary documents confirm the reality of economic transactions - The controlling authority did not prove intentional fictitious nature of transactions -…

Subject of Dispute: A person challenges the Pension Fund's decision to refuse the appointment of an old-age pension on general grounds with a new calculation of average salary. Main Arguments of the Court: The Supreme Court deviated from previous practice and established that a person who is already receiving an old-age pension on preferential terms is…

Subject of Dispute: Claim for Release of Real Estate from Seizure Imposed by a Private Executor Main Arguments of the Court: 1. The plaintiff filed a claim to remove the seizure from real estate that was mortgaged by the defendant. 2. The court established that the seizure was imposed in the interests of PJSC CB "PrivatBank", but the…

Subject of Dispute: Replacement of the Claimant in an Enforcement Order Issued in 2012 with a Legal Successor under a Factoring Agreement Concluded in 2023. Main Arguments of the Court: The Supreme Court indicated that when replacing a party in enforcement proceedings, the court must evaluate not only the fact of assignment of claim rights but…