Subject of Dispute: Prosecutor's Appeal Against Sentencing of Probation Supervision for Fraud.
Main Arguments of the Court: The court established that at the time of the crime (September 29, 2023), probation supervision was not provided for in the sanction of Article 190 of the Criminal Code of Ukraine. The law introducing this type of punishment came…
Subject of Dispute: Criminal Proceedings Regarding an Unfinished Attempt at Covert Theft of Another's Property, Committed by Entering a Premises.
Main Arguments of the Court: The court decided to reclassify the person's actions from theft to illegal entry into a dwelling due to changes in legislation that came into effect on August 9, 2024. In particular,…
Subject of Dispute: The Prosecutor challenges the transfer of state-owned land plots to the communal ownership of the Kuyalnytsia Village Council.
Main Arguments of the Court:
1. The Prosecutor's demands to declare the orders and acts of land plot transfer illegal are an ineffective method of protecting state property.
2. The only appropriate method of protecting state rights…
Subject of Dispute: Recovery of Debt under a Credit Agreement Concluded in 2007, from the Borrower and Guarantors.
Main Arguments of the Court: The Supreme Court established that the financial company "Dniprofinansgroup" did not lose its right of claim against the debtors, since on August 10, 2021, they entered into an additional agreement with the company…
Subject of Dispute: Invalidation of the Purchase and Sale Agreement for Property Rights to Apartments, Concluded Based on Electronic Auction Results.
Main Arguments of the Court:
1. The Supreme Court established that the previous courts did not take into account the decision of the Antimonopoly Committee, which recognized the actions of the auction participants as anti-competitive.
2. The…
Here is the translation:
1. Subject of Dispute: Invalidation of the electricity supply agreement by a universal service provider between LLC "Lvivenerhozbut" and LLC "SU-27".
2. Key Court Arguments:
- The contract was concluded based on the distribution system operator's data about the universal service consumer
- The respondent actually consumed electricity and made payments
- The court believes that…
Subject of Dispute: Recovery of Damages from the Russian Federation for Theft of a Volkswagen Touareg during the Occupation of Hola Prystan, Kherson Region.
Main Arguments of the Court:
1. The court drew attention that previous judicial instances improperly investigated the circumstances of the case, specifically did not establish the causal relationship between the vehicle theft and…
Subject of the Dispute: Recognition of Ownership Right to a Part of a Residential House and Its Recovery from the Current Owner through Inheritance.
Main Arguments of the Court:
1. The plaintiff is an heir to 1/3 part of the residential house after the death of her father, who previously inherited the property from his father.
2. The…
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Subject of the dispute - the legality of the Main Pension Fund of Ukraine's refusal to grant a service pension to an individual.
The court was guided by the following key arguments: firstly, the person applied for pension assignment after 19.02.2022, when changes to the pension calculation procedure came into effect; secondly, from this moment, pension…
Subject of the Dispute: Claim by PERSON_1 for reinstatement at work after dismissal from the Social Insurance Fund Management in connection with its reorganization.
Main Arguments of the Court: The Supreme Court established that as a result of the reorganization of the Social Insurance Fund by merging with the Pension Fund of Ukraine, a specific public…
Here is the translation:
Subject of Dispute: Invalidation of Dispositions on Transfer of Land Plots of a Former Educational Institution to Citizens.
Main Arguments of the Court:
1. The land plot of 70 hectares was in permanent use by the educational institution since 1989.
2. Over time, parts of the land plot totaling 38.1 hectares were withdrawn.
3. The court…
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Subject of Dispute: Payment of Deceased Husband's Unpaid Pension to His Wife.
Main Arguments of the Court:
1. Legislation provides a special legal regime for social payments of a deceased person that were not received during their lifetime.
2. If a family member applies for payment within 6 months after the pensioner's death, such funds…
Subject of the Dispute: Declaring Unlawful and Cancelling the Dismissal Order, Reinstatement in Position, and Recovery of Wages for the Period of Forced Absence of an Employee of the Social Insurance Fund of Ukraine.
Main Arguments of the Court:
1. The dispute concerns public legal relations, as the plaintiff seeks reinstatement in a position in an agency…
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Subject of Dispute: Reinstatement to the Position of School Principal and Recovery of Average Earnings for the Period of Forced Absence.
Key Arguments of the Court:
1. By the Decision of the Constitutional Court of Ukraine dated February 7, 2023, the provision on concluding fixed-term employment contracts with pedagogical workers of retirement age was…
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1. Subject of Dispute: Recognition of the illegal transfer of a forestry land plot into private ownership and its return to the state.
2. Main Arguments of the Court:
- The prosecutor cannot represent the interests of a state enterprise in court
- Declaring decisions and agreements invalid is not an effective method of protecting…
Subject of Dispute: Challenging the Actions of the Pension Fund Regarding Refusal to Conduct Pension Indexation Using Coefficients of Average Wage Increase.
Main Arguments of the Court:
1. Legislation provides for annual pension indexation by increasing the average wage indicator.
2. The Court considers that Procedure No. 124 partially contradicts the Pension Provision Law, as it establishes a…
Subject of Dispute: The Prosecutor's Office challenges the minutes of the State Commission on Mineral Reserves and the special permit for subsoil use issued to LLC "Granite Blacksi".
Main Court Arguments: The Supreme Court considers that a change in judicial practice regarding the procedural capacity of the prosecutor is not a valid reason for restoring an…
Subject of the Dispute: Recognition of the Pension Fund's Refusal to Recalculate Pension for a Person Affected by the Chornobyl Disaster as Unlawful, and Obligation to Perform Pension Recalculation in Accordance with the Previous Version of the Law.
Main Arguments of the Court: The Supreme Court established that the 2021 version of the law sets lower…
