Here is the translation of the legal text:
Case No. 1416/7113/12 dated 26/02/2025
Subject of Dispute: Challenging an in absentia court decision on debt recovery under a credit agreement.
Main Arguments of the Court:
1. The Court of Appeal incorrectly determined the term for appeal, mistakenly believing it to be 10 days.
2. According to current procedural legislation, the term…
Brief Analysis of the Court Decision:
1. Subject of Dispute: Invalidation of purchase and sale agreements for a residential house and land plot in terms of the buyer and recovery of property.
2. Key Arguments of the Court:
The Supreme Court pointed out the fundamental impossibility of invalidating the contract "in terms of the buyer". The courts of…
Subject of Dispute: Recovery of penalty for delay in putting the house into operation from the company that carried out construction investment.
Main Arguments of the Court: The Supreme Court established that the plaintiff, as a consumer, must be exempted from paying court fees at all stages of the judicial process, as their claim relates to…
Here is the translation of the legal text summary:
1. Subject of Dispute: Recovery of damages from the Deposit Guarantee Fund in the amount of 19,973,153.20 UAH due to the seizure of a land plot sold during the bank's liquidation.
2. Main Court Arguments:
- The Fund has been managing the property of PJSC "Erde Bank" since 10.01.2013
-…
Here is the translation:
1. Subject of Dispute: Recovery of debt under a natural gas supply agreement and accrued penalty sanctions from a budgetary institution.
2. Key Arguments of the Court:
- The Defendant partially failed to fulfill obligations due to territory occupation
- The Court considered the complex circumstances of wartime and reduced the amount of penalty sanctions
-…
Subject of Dispute: Challenging the Actions of a Private Executor and Procedural Issues Regarding Terms and Procedure for Filing an Appeal.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly applied procedural norms when refusing to open appellate proceedings. The court noted that sending documents via email cannot replace official notification…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recovery of monetary funds for non-fulfillment of a supply contract for peat and carbon briquettes between a military unit and an individual entrepreneur.
2. Main Arguments of the Court:
- The Respondent partially supplied goods for the amount of 2,604,568.00 UAH against a preliminary payment of…
Subject of Dispute: Challenging a Tax Notification-Decision of the Large Taxpayers Office of the State Tax Service regarding violation of tax invoice registration deadlines.
Main Arguments of the Court: The court established that during the inspection, the controlling authority improperly documented the circumstances of untimely registration of several tax invoices, as they fell outside the inspection…
Subject of Dispute: Limited Liability Company "Lviv Invest Group 1" challenges tax notifications-decisions of the Main Directorate of the State Tax Service in Lviv Oblast regarding the application of financial sanctions for violation of settlement transaction procedures.
Main Arguments of the Court: The Supreme Court indicated that the courts of previous instances incorrectly evaluated evidence and…
Subject of Dispute: Invalidation of Agreements on the Acquisition of PrivatBank Shares, Concluded during the Bank's Market Exit Procedure in December 2016.
Main Court Arguments:
1. The court established that the plaintiff's chosen method of protection (invalidation of agreements) is ineffective, as it cannot restore the rights of the former shareholder.
2. The court referred to the European…
Here is the translation:
1. Subject of Dispute: Criminal Proceedings Regarding Assistance in Receiving an Unlawful Benefit by an Official in a Particularly Large Amount.
2. Key Arguments of the Court:
- The plea agreement meets the requirements of legislation
- The accused sincerely repented and admitted guilt
- There is a public interest in the swift consideration of the…
Subject of Dispute: Labor Dispute Regarding Employer's Compliance with Legislation When Refusing Termination of Employment Contract at Employee's Initiative Based on Part Three of Article 38 of the Labor Code of Ukraine.
Main Arguments of the Court:
1. The court recognized that non-payment of insurance amounts for sick leave certificates may be grounds for terminating the employment…
Here is the translation:
1. Subject of Dispute: The prosecutor challenged the decision of the Kherson City Council regarding the transfer of a land plot to LLC "VLADI-MYR PLUS" and the lease agreement for this land plot.
2. Main Arguments of the Court:
- Declaring the council's decision invalid, which has already been executed (lease agreement signed), is…
Subject of Dispute: Calculation and Payment of Pension to a Person Affected by the Chornobyl Catastrophe in Full Scope in Accordance with the Previous Version of the Law.
Main Arguments of the Court:
1. The Constitutional Court of Ukraine found unconstitutional amendments to the law that reduced the pension amount for Chornobyl catastrophe victims.
2. The Court deviated…
Subject of Dispute: Invalidation of a Financial Lease Agreement and Recovery of Funds Paid Thereunder.
Main Arguments of the Court:
The Supreme Court indicated that the courts of previous instances incorrectly applied the consequences of an invalid transaction. The lease agreement is void due to the lack of notarial certification, but the courts erroneously carried out a…
Subject of Dispute: Challenging the Resolution of the Verkhovna Rada of Ukraine on Expressing No Confidence and Dismissing the Ukrainian Parliament's Commissioner for Human Rights during Martial Law.
Main Arguments of the Court:
The Court clearly interpreted for the first time that during martial law, the Verkhovna Rada may dismiss an official by expressing no confidence, even…
Here is the translation:
1. Subject of Dispute: Challenging the Decree of the President of Ukraine on Applying Sanctions to an Individual for a Period of 10 Years.
2. Main Arguments of the Court:
- Sanctions were applied legally on the basis of the Law "On Sanctions"
- There is evidence of the person's involvement in actions threatening Ukraine's…
Here is the translation:
1. Subject of Dispute:
Challenging the decision of the High Qualification Commission of Judges regarding the refusal to recommend PERSON_1 for a judge position due to doubts about her integrity.
2. Main Court Arguments:
The court supported the HQCJ decision, believing there are substantiated doubts about the candidate's integrity due to:
- Incomplete property declaration (did…
Subject of the dispute: Recovery of debt under a credit agreement from an individual by a bank.
Main arguments of the court: The Supreme Court considers that the appellate court prematurely refused to open appellate proceedings, since the lawyer's powers were confirmed by a legal assistance agreement and a certificate of the right to practice law.…
Subject of Dispute: Cassation appeal of the verdict against PERSON_7, convicted of serious violent crimes, including robbery, unlawful deprivation of liberty, and extortion, with challenging the imposed property confiscation.
Main Arguments of the Court:
1. The court recognized that confiscation of all property may violate the rights of other family members living in the house.
2. It was…
