Here's a breakdown of the Zhukov and Zhukova v. Ukraine decision from the European Court of Human Rights:
**1. Essence of the Decision:**
The European Court of Human Rights found Ukraine in violation of Article 2 (right to life) of the Convention on Human Rights due to an ineffective investigation into the death…
1. The subject of the dispute is the claim for early termination of the certificate for a trademark for goods and services due to its non-use for five years.
2. The court dismissed the claim because the plaintiff failed to prove the fact that the defendant did not use the trademark for goods and services for…
1. The subject of the dispute is the recovery of debt under the loan agreement and the recognition of this agreement as invalid.
2. The Supreme Court upheld the decision of the court of first instance to satisfy the claim of LLC "Agrofirma Prestige" regarding the recovery of debt from SE "Koniarstvo Ukrainy", since the fact…
This is a Commission Implementing Regulation (EU) imposing a definitive anti-dumping duty on imports of certain tube and pipe fittings originating in the Republic of Korea, Malaysia and the Russian Federation. The regulation follows an expiry review, which is an investigation to determine whether existing anti-dumping measures should be maintained, repealed, or amended. The review…
1. The subject of the dispute is the claim of the Odesa City Council to cancel the decisions of state registrars regarding the registration of the state's ownership right and the right of economic management of the SE "AMPU" to the real estate object "production buildings and structures", which, according to the plaintiff, illegally includes…
1. The subject of the dispute is the complaint of PERSON_1 against the inaction of the state enforcement officer regarding the refusal to remove the arrest from his real estate, imposed within the framework of enforcement proceedings that were completed.
2. The court of cassation agreed with the conclusions of the courts of previous instances, which…
1. The subject of the dispute is the determination of the place of residence of a minor child between her grandmother and father after the death of the child's mother.
2. The courts of previous instances granted the grandmother's claim, determining the child's place of residence with her, based on the child's best interests, psychological state,…
1. The subject of the dispute is the appeal against the actions of a private enforcement officer regarding the initiation of enforcement proceedings for the compulsory execution of a court decision on the recovery of funds from JSC "Gas Distribution System Operator "Kharkivgaz".
2. The courts of previous instances granted the complaint of JSC "Gas Distribution…
1. The subject of the dispute is the recognition of the unlawful inaction of local self-government bodies and the obligation to make a decision on the transfer of the apartment to the ownership of the plaintiff in the order of privatization.
2. The Supreme Court, considering the cassation appeal, noted that the courts of previous instances…
This is a Commission Implementing Regulation (EU) imposing a definitive anti-dumping duty on imports of certain tube and pipe fittings originating in the Republic of Korea, Malaysia and the Russian Federation. This regulation follows an expiry review, which is an investigation to determine if the original dumping practices would resume if the existing anti-dumping duties…
1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay monetary allowance and additional remuneration to the soldier.
2. The court of cassation instance agreed with the decisions of the courts of previous instances on the return of the statement of claim due…
1. The subject of the dispute is the recognition of the apartment donation agreement as invalid and the recognition of the right of ownership to 1/2 part of this apartment, since the plaintiff believes that the apartment is the joint common property of the spouses, and her consent to the donation was not obtained.
2. The…
1. The subject of the dispute is the claim of the heirs for the recovery from the bank of unjustly acquired funds that were paid by their testator in performance of a void clause of the loan agreement regarding the payment of remuneration for the provision of a financial instrument.
2. The court of cassation overturned…
1. The subject of the dispute is the appeal against the actions of a private enforcement officer regarding the opening of enforcement proceedings, considering the restrictions established by law for private enforcement officers, in particular regarding the execution of decisions concerning legal entities in whose authorized capital the share of the state exceeds 25%, as…
1. The subject of the dispute is the appeal against the actions of the private enforcement officer regarding the initiation of enforcement proceedings for the compulsory recovery of debt from JSC "Kharkivgaz" in favor of LLC "Gas Transportation System Operator of Ukraine".
2. The court of cassation instance dismissed the cassation appeal of JSC "Kharkivgaz", upholding…
1. The subject of the dispute is the appeal against the actions of a private enforcement officer regarding the initiation of enforcement proceedings for the compulsory recovery of funds from JSC "Kharkivgaz" in favor of LLC "Gas Transmission System Operator of Ukraine".
2. The court of cassation upheld the decision of the lower courts, leaving the…
1. The subject of the dispute is the recovery of funds under bank deposit agreements concluded between the deceased depositor and the bank.
2. The court of cassation reviewed the case due to the existence of different approaches in the practice of the Supreme Court regarding the inheritance of the right to a bank deposit, in…
1. The subject of the dispute is the complaint of PERSON_1 against the inaction of the Ingulskyi Department of the State Executive Service regarding the failure to remove the seizure of her real estate.
2. The court of cassation upheld the appellate court's ruling, which overturned the decision of the court of first instance to grant…
Here's a breakdown of the Markettrans, Pp v. Ukraine decision:
1. **Essence of the Decision:** The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 1 of Protocol No. 1 (protection of property) to the Convention. The case concerned a company, Markettrans, which had purchased a tourist base from a…
Here's a breakdown of the European Court of Human Rights' decision in the case of Galytskyy v. Ukraine:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms due to…