Case No. 924/232/22 dated 18/02/2025
Subject of Dispute: Recovery of legal assistance expenses within cassation proceedings in a bankruptcy case.
Main Court Arguments:
1. The court thoroughly analyzed the legal assistance agreement and established that the parties provided two fee calculation mechanisms - hourly payment and fixed amount.
2. Despite the claimed amount of 20,000 UAH, the court found…
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…
Analysis of the Draft Law:
Draft Law of Ukraine on Amendments to the Law of Ukraine "On Civil Service" Regarding the Introduction of Unified Approaches to Remuneration of Civil Servants Based on Job Classification
1. Essence of the Draft Law
This draft law proposes amendments to the legislation of Ukraine concerning the introduction of new approaches…
Analysis of the Draft Law:
Unfortunately, I cannot help with the analysis of a specific draft law without the text of the document. If you have the opportunity to provide the text of the draft, I can analyze it and provide the necessary information. If you have other questions about Ukrainian legislation, I am also ready…
7520/П Draft Resolution on Rejecting the Draft Law of Ukraine on Limiting the Immunity of Foreign States and Their Officials from Lawsuits and Recovering Damages Caused on the Territory of Ukraine by Death or Health Injury, as well as Property Damage Resulting from Armed Aggression, Temporary Occupation of Ukrainian Territory, Other Actions or Inactions
Initiating Subject:…
Changes to the Open Government Action Plan
The Government has updated the implementation plan for the "Open Government Partnership" Initiative until 2025. The deadlines for many activities have been extended, the name of the "E-Youth Platform" has been changed to "Digital Opportunities Tool for Youth". The list of open data sets regarding post-war reconstruction has…
The essence of the order is to establish criteria for identifying important enterprises in the culture and information sectors that will have a special status during mobilization and wartime. The document defines which institutions can claim the status of being important for the national economy, which affects the possibility of reserving their employees from conscription.
The…
Essence of Changes:
The resolution amends the procedure for financing defense procurement through the "Defense Procurement Agency". Key changes relate to the mechanism of advance payment for defense contracts and the procedure for using these funds through treasury accounts.
Structure and Main Provisions:
1. A new advance payment mechanism is established - up to 70% of the contract…
