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Case No. 520/16200/23 dated 13/02/2025

Subject of the Dispute: The prosecutor filed a lawsuit demanding that the housing and communal services enterprise "Donetske" bring the anti-radiation shelter No. 76002 into proper technical condition. Main Arguments of the Court: The Supreme Court established that the State Emergency Service (SES) body does not have an independent right to file a lawsuit with such…

Case No. 400/5882/23 dated 14/02/2025

Here is the translation: 1. Subject of Dispute: Challenging a tax notification-decision on accrual of penalties for violation of settlement terms in foreign economic activity amounting to 4,085,975.74 UAH. 2. Key Arguments of the Court: The Supreme Court formulated a fundamentally important conclusion that the moratorium on conducting documentary inspections provided by the Tax Code does not apply…

Case No. 534/1577/18 dated 11/02/2025

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…

Case No. 917/2033/21 dated 04/02/2025

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…

Case No. 750/3031/20 dated 12/02/2025

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…

Review of the EU legislation for 20/02/2025

The regulation amends anti-dumping measures on melamine imports from China by replacing minimum import prices and fixed duties with percentage-based (ad valorem) duties. It sets different duty rates for specific Chinese companies: 12% for Xinjiang Xinlianxin Energy Chemical 44.9% for Sichuan Golden-Elephant Sincerity Chemical 47.6% for Shandong Holitech Chemical Industry 49% for Henan Junhua Development Company…

Council Implementing Regulation (EU) 2025/345 of 18 February 2025 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses

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…

Commission Delegated Regulation (EU) 2025/303 of 31 October 2024 supplementing Regulation (EU) 2023/1114 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information to be included by certain financial entities in the notification of their intention to provide crypto-asset services

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…

Review of the EU legislation for 19/02/2025

The Commission Implementing Regulation (EU) 2025/325 changes the anti-dumping duties on melamine imports from China. The regulation replaces the previous system of minimum import prices and fixed duties with new ad valorem duties ranging from 12% to 65.2%. Different duty rates are established for specific Chinese companies: - Xinjiang Xinlianxin Energy Chemical Co.: 12.0% - Sichuan Golden-Elephant Sincerity…

Council Implementing Regulation (EU) 2025/345 of 18 February 2025 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses

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…

Review of the EU legislation for 10/02/2025 – 17/02/2025

Anti-dumping Measures The Commission imposed definitive anti-dumping duties on biodiesel from China ranging from 10% to 35.6%. The duties apply to fatty-acid mono-alkyl esters and paraffinic gasoils, but exclude sustainable aviation fuels. Individual rates were set for different manufacturers with a residual duty of 35.6% for non-cooperating companies. Import Restrictions A ban was imposed on bovine…

Case No. 620/18801/23 dated 12/02/2025

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…

Case No. 910/19061/21 dated 11/02/2025

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: -…

Case No. 420/10142/24 dated 12/02/2025

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…

Case No. 944/6062/23 dated 12/02/2025

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…

Case No. 520/24195/21 dated 13/02/2025

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…

Case No. 2-197/11 dated 05/02/2025

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…
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