Subject of Dispute: Appeal of the Appellate Court Judgment Regarding the Conviction of PERSON_7 for Drug Trafficking.
Main Arguments of the Court:
1. The Appellate Court violated the principle of direct examination of evidence by referring to evidence that was not directly examined by it.
2. The Appellate Court unjustifiably recognized the powers of the investigator PERSON_9, as…
Here is the translation:
1. Subject of Dispute: Declaring the state registration of private ownership rights by JSC "Ukrposhta" for a non-residential premises previously owned by the state as illegal.
2. Main Arguments of the Court:
- Corporatization of a state enterprise is not privatization
- Transfer of property to the authorized capital of a joint-stock company does not…
Subject of Dispute: The apartment owner challenges the purchase and sale agreements and attempts to recover the apartment, claiming that the agreements were concluded without her will.
Main Arguments of the Court:
1. A forensic handwriting examination proved that the signature on the purchase and sale agreement dated November 29, 2019, does not belong to the apartment…
The act is a Council Implementing Regulation that updates the EU's sanctions regime against human rights violators. It specifically amends the information about two Russian officials in connection with their involvement in the death of opposition politician Alexei Navalny in the IK-3 penal colony and their responsibility for human rights violations.
The Regulation consists of two…
This Delegated Regulation establishes detailed requirements for financial entities intending to provide crypto-asset services in the EU, supplementing the main Markets in Crypto-Assets Regulation (MiCA). It specifies what information must be included in notifications to competent authorities when entities plan to offer crypto services.
The act has a comprehensive structure consisting of 12 articles that cover…
The essence of the act:
This is a Council Implementing Regulation that updates the EU's sanctions list related to serious human rights violations. The regulation specifically amends information about two Russian officials who are deemed responsible for human rights violations in connection with the death of opposition politician Alexei Navalny in the IK-3 penal colony.
Structure and…
Here is the translation:
1. Subject of Dispute: Challenging the refusal of the Main Directorate of the National Police in Chernihiv Oblast to credit privileged years of service to the plaintiff for pension calculation based on length of service.
2. Key Court Arguments:
- The court changed its previous legal position regarding the crediting of privileged years of…
Here is the translation:
1. Subject of Dispute: Invalidation of the Antimonopoly Committee of Ukraine's decision recognizing the audit firm as a participant in anti-competitive concerted actions during bidding.
2. Key Court Arguments:
The Supreme Court indicated that investigating an antimonopoly case for 9 years without objective reasons violates the rule of law principle. The court noted that:
-…
Subject of Dispute: Limited Liability Company "Aritox" challenges the tax authority's decision to refuse registration of a tax invoice in the Unified Register of Tax Invoices.
Main Arguments of the Court: The Supreme Court considers that the appellate court showed excessive formalism in examining the case. First, the tax authority initially filed an appeal within the…
Subject of the Dispute: Declaring the Marriage between the Plaintiff's Deceased Son and the Respondent, Registered on March 25, 2022, as Not Concluded.
Main Arguments of the Court: The Supreme Court established that the application for securing the claim was filed improperly - via email, rather than through the "Electronic Court" subsystem, contrary to the new…
Subject of the dispute - challenging a tax notification-decision on additional VAT assessment for the farm enterprise "Alliance" for transactions with counterparties.
Main arguments of the court: the controlling authority considers the economic transactions to be fictitious, but the courts of previous instances did not conduct an in-depth analysis of the reality of these transactions. The…
Subject of Dispute: Replacement of the Creditor in Enforcement Proceedings under a Credit Agreement.
Main Arguments of the Court: The Supreme Court considers that procedural legal succession must have a clear procedural purpose - a real possibility of executing a court decision. The court established that at the time of filing the application, the terms for…
The case concerns a labor dispute between an employee and the State Enterprise "Administration of Seaports of Ukraine" regarding the unlawful suspension of the employment contract during martial law.
The main arguments of the court are that the employer did not prove the existence of legal grounds for suspending the employment contract with the employee, as…
Subject of Dispute: Invalidation of a Purchase and Sale Agreement for a Share in the Authorized Capital of a Limited Liability Company.
Main Arguments of the Court: The Supreme Court established that the dispute regarding corporate rights is subject to consideration in the commercial court, contrary to the previous position of the appellate court about consideration…
Here is the translation:
1. Subject of Dispute: Challenging the resolutions of the state executor regarding the initiation of enforcement proceedings for collecting an administrative fine from PERSON_1.
2. Main Arguments of the Court:
- No proper evidence of receiving the executive document within the legally established timeframe
- Territorial jurisdiction violated when initiating enforcement proceedings
- Previous courts improperly…
Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision that Reduced the Negative VAT Amount for LLC "Atlant-Oil 999".
Main Arguments of the Court: The Supreme Court drew attention to the fact that the courts of previous instances did not verify the circumstances of the enterprise's failure to provide primary documents during the…
Subject of Dispute: Recalculation of Pension for a Participant in the Liquidation of the Chornobyl Nuclear Power Plant Accident with Accrual of an Additional Percentage for Overtime Service.
Main Arguments of the Court: The Supreme Court established that for persons whose pensions were assigned before October 2017, the right to a preferential procedure for calculating pension…
Here is the translation:
1. Subject of Dispute: Challenging the actions of the state executor regarding the opening of enforcement proceedings and imposing arrest on the property and funds of the Lviv City Council and its Executive Committee.
2. Main Arguments of the Court:
- The court established a procedural violation in notifying case participants: court documents were…
Subject of Dispute: Recovery of Debt under a Real Estate Lease Agreement between JSC "VNDIANEN" and JSC "Nasosenergomash" for a total amount of 11,531,493.51 UAH.
Main Arguments of the Court:
1. The court drew attention to the fact that the defendant did not provide convincing evidence of the impossibility of fulfilling contractual obligations due to force majeure…
Here is the translation of the legal analysis:
1. Subject of Dispute: Challenging the actions of a private executor regarding the determination of the debt amount in US dollars during the enforcement of a 2011 court decision.
2. Main Arguments of the Court:
- The 2011 court decision determined the debt amount in hryvnias with an equivalent in…
