Subject of the Dispute: A serviceman demands that the military unit pay compensation for unused additional leave days for the years 2014-2019. Main Arguments of the Court: The Supreme Court established that the military unit was not properly notified about the court proceedings, and therefore its right to appeal cannot be restricted. The court drew attention…

Subject of Dispute: Criminal Proceedings against a Person Who Committed Theft of Goods Valued at 297.90 UAH in ATB Store. Main Arguments of the Court: The Supreme Court established that due to legislative changes that came into effect on August 9, 2024, theft of an amount less than 2 non-taxable minimums (1,762 UAH) is no longer…

Subject of Dispute: Recovery of Material and Moral Damages from the Regional Branch "Donetsk Railway" as a Result of a Traffic Accident. Main Arguments of the Court: The Supreme Court established that the regional branch "Donetsk Railway" cannot be a defendant in the case, as branches are not legal entities and do not have civil procedural…

Subject of Dispute: Challenging the Refusal to Pay One-Time Monetary Assistance to a Police Officer in Connection with Loss of Professional Capacity. Main Arguments of the Court: 1. The right to receive one-time monetary assistance arises under three mandatory conditions: the cause of disability is a service-related illness; disability was established before or within 6 months after…

Subject of Dispute: Review of a Court Decision on Dismissal of a Teacher Due to Reaching Retirement Age after the Constitutional Court Declared the Norm on Fixed-Term Employment Contracts for Educators Unconstitutional. Main Arguments of the Court: The Court considers that even after the norm on fixed-term employment contracts for educators was declared unconstitutional, the previous…

Subject of Dispute: A person challenges the Pension Fund's decision to refuse to assign them an old-age pension on general grounds with a new calculation of average salary. Main Court Arguments: The Supreme Court changed its previous legal position and indicated that persons receiving preferential old-age pension under Law No. 1788-XII are not entitled to re-assignment…

Subject of Dispute: A person receiving an age pension on preferential terms challenges the Pension Fund's refusal to assign them an age pension on general grounds with a new calculation. Main Arguments of the Court: The Supreme Court changed its previous legal position and indicated that persons receiving an age pension on preferential terms under Law…

Subject of Dispute: Recognition of the Pension Fund's Decision as Unlawful Regarding Refusal to Grant a Pension for Length of Service to a Person Dismissed from the Criminal Enforcement Service. Main Court Arguments: The Supreme Court established that for personnel of the criminal enforcement service, a special procedure for privileged length of service calculation is provided,…

Subject of Dispute: Challenging the Actions of a Private Executor Regarding the Return of an Advance Payment and Issuance of Resolutions on Additional Enforcement Proceedings Expenses. Main Arguments of the Court: The Supreme Court established that the case is subject to consideration under administrative court proceedings, as it concerns challenging the actions of a private executor…

Here is the translation: 1. Subject of Dispute: Application for Securing a Claim Prior to Filing a Claim Regarding Division of Marital Property, Specifically an Apartment, Automobile, and Property of Joint Entrepreneurial Activity. 2. Main Arguments of the Court: - The Pechersk District Court did not have the right to consider the application for securing a claim, as…

Subject of Dispute: A person challenges the Pension Fund's decision to refuse to assign them an old-age pension on general grounds with a new calculation of average salary. Main Court Arguments: First, Article 13 of the Pension Provision Law provides not a separate type of pension, but preferential conditions for assigning an old-age pension. Second, a…

Subject of Dispute: A person challenges the Pension Fund's refusal to grant them an old-age pension on general grounds with a new calculation of average salary. Main Court Arguments: The Supreme Court for the first time changed its previous legal position and indicated that a person who is already receiving an old-age pension on preferential terms…

Subject of Dispute: Recognition of Ownership Right to a Part of a Residential House by Acquisitive Prescription. Main Arguments of the Court: 1. The Court of Appeal incorrectly assessed the evidence regarding PERSON_4's residence in the disputed premises, without examining all submitted documents and not clarifying the legal basis for their settlement. 2. The Court of Appeal did…

Subject of the Dispute: Dispute regarding the inclusion of claims by the Main Directorate of the Pension Fund of Ukraine in Kyiv in the register of accepted creditor claims during the liquidation of the Joint Stock Company "Ukrainian Construction and Investment Bank". Main Arguments of the Court: The Supreme Court established that this dispute is not…

Subject of Dispute: Recovery of Penalties and Fines Imposed by the Antimonopoly Committee of Ukraine on LLC "Alternative Energy Resources" for Anti-Competitive Concerted Actions, after the Company's Bankruptcy Declaration. Main Court Arguments: The Supreme Court established that after the initiation of bankruptcy proceedings, the accrual of any economic sanctions is terminated, regardless of their type. The…

Here is the translation: 1. Subject of Dispute: Omega Terminal S.A. Company challenges the property lease agreement, claiming it was signed by an unauthorized person. 2. Key Court Arguments: - Interim measures cannot be identical to resolving the dispute on its merits - There is a presumption of the contract's legitimacy - Prohibiting contract performance effectively interferes with the defendant's…

Subject of Dispute: Recognition of Bankruptcy of Private Enterprise "Rentservice-MSL" based on the application by LLC "Yacht-Marine Club". Main Arguments of the Court: 1. During the period of martial law, there is a temporary prohibition on forced collection of overdue creditor indebtedness from enterprises acquired through privatization. 2. The creditor does not have the right to demand debt…